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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 3/21/1995AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY DATE: March 21, 1995 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 SOUTH PICO SAN JACINTO, CALIFORNIA 1.0 CALL TO ORDER Roll CaII Prayer of Invocation - Pastor Peter Edwards Pledge of Allegiance 2.0 SPECIAL PRESENTATIONS 2.1 Light Rail Presentation - Supervisor Kay Ceniceros & Jack Reagan (RCTC) 2.2 Recognition of Dave Ver Plank, Planning Commissioner 1985-1994 2.3 Recognition of Anna Vega, Finance Director January 1991 - March 1995 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 consideration of the following items: 4.0 REDEVELOPMENT AGENCY 5.0 CONSENT CALENDAR - CITY COUNCIUREDEVELOPMENT 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. 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 February 21, 1995 RECOMMENDATION: Approve the minutes for the Regular Meeting of February 21, 1995, as presented. 5.2 Minutes - Special Meeting of February 27, 1995 RECOMMENDATION: Approve the minutes for the Special Meeting of February 27, 1995, as presented. 5.3 Minutes of Special Meeting of February 28, 1995 RECOMMENDATION: Approve the minutes for the Special Meeting of February 28, 1995, as presented. 5.4 Minutes of Regular Meeting of March 7, 1995 RECOMMENDATION: Approve the minutes for the Regular Meeting of March 7, 1995, as presented. 5.5 Warrant Register RECOMMENDATION: Approve warrant numbers 39867 through dated in the amount of $ and Payroll check numbers 4799 through dated 5.6 Approval of Contract with Valley -Wide Recreation and Park District for the use of City Park Facilities RECOMMENDATION: Approve the Contract for Use of the Sallee Park and Rancho Park ballfields from April 1, 1995 - August 31, 1995. 5.7 Approval of Contract with Valley -Wide Recreation and Park District for Pool Maintenance and Operation RECOMMENDATION: Approve the Contract for Sallee Park Pool Maintenance and Operation from June 10, 1995 - September 12, 1995. 5.8 Riverside County Fire Department Operational Area Contract RECOMMENDATION: Adopt Resolution No. 95- authorizing the City of San Jacinto to join the Riverside County Operational Area to strengthen mutual coordination in disaster planning; Adopt Resolution No. 95- approving the use of the Standardized Emergency Management System (SEMS) as the management system to be utilized by San Jacinto for disaster management; approve the Operational Area Contract between the County of Riverside and the City of San Jacinto. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING THE AGREEMENT FOR PARTICIPATION IN THE OPERATIONAL AREA ORGANIZATION OF THE COUNTY OF RIVERSIDE RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING PARTICIPATION IN THE STANDARD EMERGENCY MANAGEMENT SYSTEM OF THE STATE OF CALIFORNIA 5.9 City -Wide Speed Study RECOMMENDATION: Direct staff to prepare a City-wide speed zone study utilizing the services of Counts Unlimited to perform the radar survey and Ben Dobbins, Traffic Engineer to prepare the report. 5.10 Tri-Party Contract - Edelbrock Industrial Development Bonds, Substitution of Trustee RECOMMENDATION: Acting in the capacity of the Industrial Development Authority approve the Tri-Party Contract allowing the transfer of the trustee authority to Harris Trust Savings Bank. Resolution for Delegation of Authority to Make Retirement Determinations RECOMMENDATION: Adopt Resolution No. 95- delegating authority to the City Manager and Finance Director to make Retirement Determinations under Section 21023(c) of the Government Code. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA DELEGATING AUTHORITY TO THE CITY MANAGER AND FINANCE DIRECTOR TO MAKE RETIREMENT DETERMINATIONS UNDER SECTION 21023(C) OF THE GOVERNMENT CODE Jordan and Shaver Apartment Conversion Architectural Design Contract RECOMMENDATION: Acting in the capacity of the Redevelopment Agency award the contract to Richart Design Group for architectural services to convert five dilapidated apartments into three detached single- family dwellings, in an amount not to exceed $9,700.00. c 5.13 Addendum to the Subdivision Agreement for Tract 24140-2, to Allow Interim Access from the Ramona Expressway to the Model Complex Under Construction - FN Development (Summerchase Homes Development) RECOMMENDATION: Approve the Addendum to the Subdivision Agreement for Tract 24140-2. 5.14 Approval of Contract for Special Counsel Regarding CFD No. 2 Foreclosure Proceedings RECOMMENDATION: Approve the agreement for special counsel services for Mello -Roos Tax foreclosure proceedings with Brown, Diven & Hentschke, cost not to exceed $25,000, and will be paid through Community Facilities District No. 2 funds. END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.14 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 6.1 Resolutions Approving Sale of Redevelopment Agency Land - McNabb RECOMMENDATION: Acting in the capacity of the Redevelopment Agency and the City Council adopt Resolution No. 95- for the approval of the sale of Redevelopment Agency Property, with findings; adopt Resolution No. RDA 95- for the approval of the sale of Redevelopment Agency Property; approve the Disposition and Development Agreement with Habitat for Humanity , Hemet/San Jacinto, Inc. 4 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA DELEGATING AUTHORITY TO THE CITY MANAGER AND FINANCE DIRECTOR TO MAKE RETIREMENT DETERMINATIONS UNDER SECTION 21023(C) OF THE GOVERNMENT CODE Jordan and Shaver Apartment Conversion Architectural Design Contract RECOMMENDATION: Acting in the capacity of the Redevelopment Agency award the contract to Richert Design Group for architectural services to convert five dilapidated apartments into three detached single- family dwellings, in an amount not to exceed $9,700.00. 5.13 Addendum to the Subdivision Agreement for Tract 24140-2, to Allow Interim Access from the Ramona Expressway to the Model Complex Under Construction - FN Development (Summerchase Homes Development) RECOMMENDATION: Approve the Addendum to the Subdivision Agreement for Tract 24140-2. 5.14 Approval of Contract for Special Counsel Regarding CFD No. 2 Foreclosure Proceedings RECOMMENDATION: Approve the agreement for special counsel services for Mello -Roos Tax foreclosure proceedings with Brown, Diven & Hentschke, cost not to exceed $25,000, and will be paid through Community Facilities District No. 2 funds. END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.14 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 6.1 Resolutions Approving Sale of Redevelopment Agency Land - McNabb RECOMMENDATION: Acting in the capacity of the Redevelopment Agency and the City Council adopt Resolution No. 95- for the approval of the sale of Redevelopment Agency Property, with findings; adopt Resolution No. RDA 95- for the approval of the sale of Redevelopment Agency Property; approve the Disposition and Development Agreement with Habitat for Humanity , Hemet/San Jacinto, Inc. 4 5.7 Approval of Contract with Vallev-Wide Recreation and Park District for Pool Maintenance and Operation RECOMMENDATION: Approve the Contract for Sallee Park Pool Maintenance and Operation from June 10, 1995 - September 12, 1995. 5.8 Riverside County Fire Department Operational Area Contract RECOMMENDATION: Adopt Resolution No. 95- authorizing the City of San Jacinto to join the Riverside County Operational Area to strengthen mutual coordination in disaster planning; Adopt Resolution No. 95- approving the use of the Standardized Emergency Management System (SEMS) as the management system to be utilized by San Jacinto for disaster management; approve the Operational Area Contract between the County of Riverside and the City of San Jacinto. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING THE AGREEMENT FOR PARTICIPATION IN THE OPERATIONAL AREA ORGANIZATION OF THE COUNTY OF RIVERSIDE RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING PARTICIPATION IN THE STANDARD EMERGENCY MANAGEMENT SYSTEM OF THE STATE OF CALIFORNIA 5.9 City -Wide Speed Study RECOMMENDATION: Direct staff to prepare a City-wide speed zone study utilizing the services of Counts Unlimited to perform the radar survey and Ben Dobbins, Traffic Engineer to prepare the report. 5.10 Tri-Party Contract - Edelbrock Industrial Development Bonds, Substitution of Trustee RECOMMENDATION: Acting in the capacity of the Industrial Development Authority approve the Tri-Party Contract allowing the transfer of the trustee authority to Harris Trust Savings Bank. Resolution for Delegation of Authority to Make Retirement Determinations RECOMMENDATION: Adopt Resolution No. 95- delegating authority to the City Manager and Finance Director to make Retirement Determinations under Section 21023(c) of the Government Code. 4.0 REDEVELOPMENT AGENCY 5.0 CONSENT CALENDAR - CITY COUNCIUREDEVELOPMENT 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. 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 February 21, 1995 RECOMMENDATION: Approve the minutes for the Regular Meeting of February 21, 1995, as presented. 5.2 Minutes - Special Meeting of February 27, 1995 RECOMMENDATION: Approve the minutes for the Special Meeting of February 27, 1995, as presented. 5.3 Minutes of Special Meeting of February 28, 1995 RECOMMENDATION: Approve the minutes for the Special Meeting of February 28, 1995, as presented. 5.4 Minutes of Regular Meeting of March 7, 1995 RECOMMENDATION: Approve the minutes for the Regular Meeting of March 7, 1995, as presented. 5.5 Warrant Register RECOMMENDATION: Approve warrant numbers 39867 through dated in the amount of $ and Payroll check numbers 4799 through dated 5.6 Approval of Contract with Valley -Wide Recreation and Park District for the use of City Park Facilities RECOMMENDATION: Approve the Contract for Use of the Sallee Park and Rancho Park ballfields from April 1, 1995 - August 31, 1995. 2 AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY DATE: March 21, 1995 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 SOUTH PICO SAN JACINTO, CALIFORNIA 1.0 CALL TO ORDER Roll CaII Prayer of Invocation - Pastor Peter Edwards Pledge of Allegiance 2.0 SPECIAL PRESENTATIONS 2.1 Light Rail Presentation - Supervisor Kay Ceniceros & Jack Reagan (RCTC) 2.2 Recognition of Dave Ver Plank, Planning Commissioner 1985-1994 2.3 Recognition of Anna Vega, Finance Director January 1991 - March 1995 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 consideration of the following items: 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 RESOLUTION NO. RDA 95- A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY AUTHORIZING THE SALE OF REAL PROPERTY WITHIN THE SAN JACINTO REDEVELOPMENT PROJECT PURSUANT TO DISPOSITION AND DEVELOPMENT AGREEMENT 7.0 CITY DEPARTMENTS 7.1 County Services Area (CSA) 152 Administrative Services Contract National Pollution Discharge Elimination System (NPDES) and Resolution Setting Rates for the County Service Area - Evans/Cox RECOMMENDATION: Approve the Administrative Services Contract between Riverside County and the City of San Jacinto, which will enable the County to formally assess and collect City CSA 152 parcel charges and revenue for the NPDES program; adopt Resolution No. 95- Setting the Rates for County Service Area (CSA) 152 to Fund City's National Pollutant Discharge Elimination System (NPDES) Permit Program. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA SETTING THE RATES FOR COUNTY SERVICE AREA 152 - SAN JACINTO TO FUND CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM 7.2 Policy and Procedures for Naming and Renaming City Facilities - Easter RECOMMENDATION: Review the proposed policy, and give direction to staff regarding any desired modifications. 7.3 Oral Update on 1st Street Target Area - McNabb RECOMMENDATION: Receive oral report, and provide direction to staff, as appropriate. 5 7.4 City Council Budget Amendment - Vega RECOMMENDATION: Adopt Resolution No. 95- amending the 1994-95 fiscal year budget, and authorize the advancement of $40,000 to the Asset Forfeiture Fund. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE 1994-95 FISCAL YEAR BUDGET 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Approval of City -to -City Recycling Contract RECOMMENDATION: Approve the "City -to -City Agreement" for a Joint Recycling Program, and the attached City -to -City Recycling Service Proposal, as well as the other points referenced in the Staffs Recommendation Section. 9.0 CLOSED SESSION 9.1 Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956 - California Resources Agency vs. City of San Jacinto 9.2 Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956 - California Farm Bureau vs. City of San Jacinto 9.3 Public Employee Performance Evaluation (Title: City Manager) Pursuant to Government Code Section 54957 9.4 Public Employment (Title: Assistant to the City Manager) Pursuant to Government Code Section 54957 6 10.0 ADJOURNMENT Motion by: Seconded: Action: to adjourn. Vote: I, Bob Wilson, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 16th day of March, 1995, as required by law. uty City Cler 7 S A N JACINTO Aui`: 4DA 5 � 1 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: March 21, 1995 RE: Minutes - Regular Meeting February 21, 1995 RECOMMENDATION: Approve the Minutes of the Regular Meeting of February 21, 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 FEBRUARY 21, 1995 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 7:35 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmember Leahy, Oaks, Solorio, Williams and Mayor Hafliger. Absent: None Prayer of Invocation - Pastor Dennis Palmer - Not Present Pledge of Allegiance was led by Mayor Hafliger 2.0 SPECIAL PRESENTATIONS 2.1 5 Year Service Awards Police Chief Holmes made introductions. Mayor Hafliger made presentations to Senior Officer Michael Lynn and Public Safety Dispatcher II Bonnie Searles. 2.2 Recognition of Dave Ver Plank, Planning Commissioner 1985 - 1994 Not Present 2.3 Special Presentation to Sgt. Warner for Design of Police Department Patch Police Chief Holmes made the presentation. Police Chief Holmes and staff also made presentations to the Council and City Manager for their support and leadership, evidenced by the retention of good employees. i February 21, 1995 3.0 PUBLIC COMMENTS None 4.0 REDEVELOPMENT AGENCY None 5.0 CONSENT CALENDAR - CITY COUNCIUREDEVELOPMENT AGENCY A MOTION was made by Councilmember Oaks, seconded by Councilmember Leahy, to approve the consent calendar as presented. Motion carried on a 5-0 vote. 5.1 Minutes - Special Meeting of January 24, 1995 Approved the minutes for the Special Meeting of January 24, 1995, as presented. 5.2 Warrant Register Approved warrant numbers 39639 through 39757, dated February 15, 1995 in the amount of $756,706.16 and Payroll check numbers 4617 through 4704 dated February 3, 1995. 5.3 Contract - NBS/Lowry - Downtown Storm Drain Design Approved the contract with NBS/Lowry for the design of the Downtown Storm Drain for a fee of $19,866.00. 5.4 Final Map - Tract 25667 Applicant: Adolph and Renate Hersh, and Isadore Stone Location: South side of Washington Avenue to Park Avenue, approximately 325 feet east of Hewitt Street Approved Final Map 25667 and authorized the Mayor to execute the Final Map for recordation. 5.5 Bond Release - Tract 24140-1 (JM Development) Location: Summerchase Homes, generally west of chase Street, between the Ramona Expressway and Ramona Boulevard. Released Performance/Labor and Material Bond #565 2633 in the amount of $35,665.80 and Monument Bond #565 2634 in the amount of $1,820.00. 2 February 21, 1995 5.6 Conditional Use Permit 2-94 Automobile Storage Yard (Police Impounded Vehicles) Ratified Conditional Use Permit 2-94, requesting an automobile storage yard to store Police Impounded Vehicles subject to the Planning Commission Findings of Fact and Conditions of Approval, 6.0 PUBLIC HEARINGS 6.1 Establishment of North State Street Underground District #1 Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Clarified that the notice was not timely and suggested that Council continue the hearing. Since the time of notice, staff had received only one call by an unaffected business. The area in question was largely undeveloped, and those developed were already undergrounded. In response to Council inquiry, advised that notices were sent by first class mail. Mayor Hafliger opened the public hearing. There were no speakers wishing to present testimony. COUNCIL CONSENSUS to continue the public hearing to March 7, 1995. 6.2 Project No. 94-20, Zoning Ordinance Amendment 3-94, Amendment of the City Sign Guidelines Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Noted that the issue of a time limit for removal of political signs was addressed similar to the previous ordinance. Provided a handout with specific amendments to the original guidelines submitted. Clarified that the signs on vehicles restriction, was not intended to prohibit those businesses, i.e., real estate, from using magnetic signs on the side of vehicles, but rather to prohibit vehicles from parking for the purpose of advertising with a sign on the vehicle. In response to Council inquiry, noted there would be a typographical correction on page 12, line 3, to insert "days" after the number 14. Mayor Hafliger opened the public hearing. February 21, 1995 There being no speakers wishing to present testimony, the public hearing was closed. Mr. McNabb, in response to Council inquiry regarding public education, noted that the sign regulations had been in effect since the zoning ordinance was adopted in the 1950's. Businesses were aware of the requirements for a certificate of occupancy and a sign plan would require a permit and be checked for conformity by staff. Some did order signs without checking and staff used diligence to avoid such occurrences. All enforcement staff would monitor, but there was no intent for that to be microscopic and seek instant conformance. Staff would communicate with businesses through the business license renewal and by sending mailers, as an ongoing program of informing the public. City Manager Easter commended the Chamber of Commerce for their outreach to business members and encouraging them to review and assist staff with the development of the guidelines. Staff would put together some explanatory summary to be distributed at the counters and through the Chamber, which would be updated, to help get the message out to assure compliance. Council commended the committee for their many hours donated to assist in the process and requested that staff send a letter of appreciation. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to waive the reading in full and read by title only, and introduce Ordinance No. 1008, as amended by staff in the handout, thereby amending Article 16 of Ordinance No. 340, the Zoning Ordinance. Motion carried on a 5-0 vote. ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 3-94, THEREBY AMENDING ORDINANCE NO. 340, THE ZONING ORDINANCE, BY REPEALING AND RE-ESTABLISHING ARTICLE NO. 16, THE SIGN GUIDELINES, OF THE CITY OF SAN JACINTO 4 February 21, 1995 7.0 CITY DEPARTMENTS 7.1 Foreclosure Proceedings Against Delinquent Property in Community Facilities District No. 2 (Rancho San Jacinto) Finance Director Vega made a presentation as contained in the staff report on file with the City Clerk. Explained the proposal was the first step in the process and further action would come back to Council later. In response to Council inquiries, advised that the properties would be removed from the Mello Roos tax roll and property owners could then make payments to the City to save them additional expense for a foreclosure process. Once paid, the properties would be placed back on the rolls. Advised that some properties, the last five, had residential units and the rest were vacant land. City Manager Easter advised that Rancho San Jacinto Homeowners were notified and provided a copy of the staff report. Additionally staff would be happy to meet with them and answer their questions. A MOTION was made by Councilmember Williams, seconded by Councilmember Solorio, to adopt Resolution No. 95-7 ordering that delinquent special taxes be collected by an action brought in the Superior Court to foreclose the special tax lien on certain delinquent property as authorized by Section 53356.1 of the California Government Code. Motion carried on a 5-0 vote. RESOLUTION NO. 95-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING FORECLOSURE ACTIONS AND RELIEVING THE RIVERSIDE COUNTY TAX COLLECTOR OF CERTAIN OBLIGATIONS TO COLLECT DELINQUENT SPECIAL TAXES FOR SPECIFIED PARCELS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2 7.2 Installation of STOP Signs on DeAnza Drive at Young Street Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. Advised that the study determined there were no warrants to justify a stop sign, nor were they even close. Noted that the majority of students at the location were bused to school, and not many crossed at the intersection, where a crossing guard was 5 February 21, 1995 present. Staff would bring the matter back if the situation were to change. In response to Council inquiry regarding portable signs, advised that the use would have to be as a joint effort with the school district, and there was no such request by the schools. City Manager Easter advised that Mrs. Gates had been provided with a copy of the staff report prior to the meeting. A MOTION was made by Councilmember Solorio, seconded by Councilmember Oaks, to defer the placement of STOP signs on DeAnza Drive at Young Street to a time when traffic warrants are met. Motion carried on a 5-0 vote. 7.3 Resolution Establishing Policy for the Maintenance of Sewer Laterals Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. In response to Council inquiry, advised that in situations where trees were in the the right-of-way, those repairs would be the responsibility, as a close call, of the City and those on private property would not. Councilmember Leahy noted that the trees required to be planted on private property by the City and would not be covered in related repairs. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to adopt Resolution No. 95-8 Establishing a Policy for the Maintenance of Sewer Laterals. Motion carried on a 4-1 vote with Councilmember Solorio dissenting. RESOLUTION NO. 95-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA ESTABLISHING A POLICY FOR THE MAINTENANCE OF SEWER LATERALS 7.4 County Services Area (CSA) 152 Administrative Services Contract - National Pollution Discharge Elimination System (NPDES) and Resolution Setting Rates for the (CSA) Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. Advised this was a federal mandate 6 February 21, 1995 which the City had not yet complied with and unlike those areas with more impacts, i.e., hazardous material running into the water tributaries, had gotten by without penalty to date. Those agencies in areas watched more closely had already incurred penalties for non-compliance. The proposed budget was comparable to other cities, with the exception of Hemet at $15.00 a month because they included the entire street sweeping program. Anticipated the assessment would decrease after the initial year. The City had sent a letter the prior year indicating non-compliance due to the lack of funds. In response to Council inquiry, to not annex would not cause a problem at the County level. However, staff needed the appropriate direction from Council, in order to prepare an annual report. If the report were for non-compliance, that direction would have to come from Council, not staff. Council consensus on the concern the proposal was another Unfunded Federal Mandate. Felt that it should be referred back to Newt Gingrich as an example, and bring the issue to the attention of WRCOG. Concern that the cost for compliance would fall on the backs of the community citizens. Wanted to vote against imposition of the assessment, but concerned about the fines and penalties. City Manager Easter suggested that Mr. Evans and the City Attorney review the matter and inform Council of all the ramifications of actions being considered by Council. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to table the matter until staff could advise Council of the ramifications of Council not implementing the proposal. Motion carried on a 5-0 vote. Council consensus that letters be sent to members of Congress indicating Council intent and see what support there was. 7.5 Fire Department Public Service Requests Policy Fire Chief Price made a presentation as contained in the staff report on file with the City Clerk. Council commended staff for the policy. 7 February 21, 1995 A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks to adopt the Fire Department Public Service Requests Policy. Motion carried on a 5-0 vote. City Manager Easter advised that staff would provide information on the newly adc ted policies (sewer laterals and public service requests) in upcoming community updates. Councilmember Leahy suggested the community update tell how citizens define and make emergency calls. City Manager Easter advised Council that the Chamber of Commerce carnival was postponed and the fee waivers extended to March 2-5, 1995, and insurance would also be changed for the appropriate dates. 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Request from City of Hemet on Sharing Housing Lobbyist Costs Subcommittee Members, Councilmember Leahy and Oaks, advised that new regulations would be coming out in March, and furtherance of support would not be necessary. At the request of Council, staff to bring back in about a month, a policy and procedures on the naming and renaming of parks and streets. At the request of Council, staff to draft a letter on the Unfunded Mandate AB 939, requesting an extension and explaining to the state the situation and problems the City had met in trying to meet the mandate. 9.0 CLOSED SESSION City Manager Easter advised that no closed session was necessary. 9.1 Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956 - California Resources Agency vs. City of San Jacinto 9.2 Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956 - California Farm Bureau vs. City of San Jacinto 8 February 21, 1995 10.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 8:30 P.M. Submitted by Bob Wilson, City Clerk Deputy City Clerk 9 Approved by Henry Hafliger, Mayor c S A N JACINTO Ac774DA 5 'a, Staff Report TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy City Clerk Via: Pamela S. Easter, City Manager DATE: March 21, 1995 RE: Minutes - Special Meeting February 27, 1995 RECOMMENDATION: Approve the Minutes of the Special Meeting of February 27, 1995, as presented. MINUTES SPECIAL MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY FEBRUARY 27, 1995 1.0 CALL TO ORDER The Special Meeting of the San Jacinto City Council was called to order at 5:35 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Leahy, Oaks, Solorio, Williams and Mayor Hafliger Absent: None 2.0 SPECIAL PRESENTATIONS None 3.0 PUBLIC COMMENTS None 4.0 REDEVELOPMENT AGENCY None 5.0 CONSENT CALENDAR - CITY COUNCIL/REDEVELOPMENT AGENCY None 6.0 PUBLIC HEARINGS None 7.0 CITY DEPARTMENTS None 1 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Steve Overton's Employee Appeal Hearing Mayor Hafliger briefly covered the ground rules, that would be used for the hearing. Advised that if any members of the audience would later be called testify, they would need to remain outside the Council Chambers until they v e called to testify. Witnesses called to testify: Ross Chadwick, Former Fire Chief - City of San Jacinto Bryan Farrell, Firefighter - City of San Jacinto Bill MacAdam, Fire Captain - City of San Jacinto David Herterich - Former Fire Captain - City of San Jacinto Steve Overton, Firefighter - City of San Jacinto At the hour of 10:25 p.m. Defense Attorney, Michael Stone made a motion to dismiss the first and second charges. At the hour of 10:26 p.m. Council went into Executive Session to consider the motion. At the hour of 10:43 p.m. Council convened in open session with all members present and announced that the first and second charges would be dismissed. At the hour of 1:40 a.m., the City Council went into executive session. At the hour of 2:00 a.m., Council returned to open session and announced no action. Further stated that a ruling would be made in 10 days. 9.0 CLOSED SESSION None 10.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 2:01 a.m. Submitted by Approved Bob Wilson, City Clerk Deputy City Clerk Mayor 2 S A N JACINTO A d1DA Jr 3 Staff Report TO: Honorable Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk Via: Pamela S. Easter, City Manager DATE: March 21, 1995 RE: Minutes - Special Meeting February 28, 1995 RECOMMENDATION: Approve the Minutes of the Special Meeting of February 28, 1995, as presented. • Cle MINUTES SPECIAL MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SAN JACINTO REDEVELOPMENT AGENCY FEBRUARY 28, 1995 1.0 CALL TO ORDER The Special Meeting of the San Jacinto City Council was called to order at 7:35 P.M. by Mayor Pro Tem Solorio at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmember Leahy, Oaks, Williams and Mayor Pro Tem Solorio Absent: Mayor Hafliger The Pledge of Allegiance was led by Councilmember Williams 2.0 SPECIAL PRESENTATIONS None 3.0 PUBLIC COMMENTS None At the hour of 7:37 P.M. convened the Redevelopment Agency in joint session with the City Council for the consideration of the following items: 4.0 REDEVELOPMENT AGENCY 4.1 Designation of First Street Target Area and Elimination /Reduction in Scope of Tenth Street Target Area Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Noted the Tenth Street target area as that area of Seventh Street on the north, Esplanade on the South, Buena Vista on the west and Santa Fe on the east. While that area had remained constant, another area, was deteriorating and a more critical issue. That area being Camino Los Banos and San Jacinto Avenue, and with the available funding and priorities staff desired to phase in and designate a second target area between Alessandro and San Jacinto, north of First Street. The implementation schedule was as noted in the staff report. In response to Council, advised, if approved, activity would begin immediately with animal control and code enforcement activity. February 28, 1995 Council comments: 1. Noted that one needed to actually tour the area to see the deterioration that took place. 2. Commended the proposed action, noting the most significant it s were number 10-16 and would benefit the entire city. Felt it was a very appropriate use for the funds. Noted that residents were being challenged by the youth taking over the streets. 3. Appreciated the time involved and the checks and balance of the work effort. Hoped the proposed action would show the youths the direction to the schools and, hopefully, they would not continue to roam the streets. 4. Noted the population density of the area, and the fairly settled residents who were most impacted. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to designate the First Street Target Area as the Agency's second target area and redesignate the Tenth Street area to the third target area, with a slower implementation plan. Motion carried on a 4-0 vote with Mayor Hafliger absent. 4.2 Update on Housing Program Community Development Director McNabb presented a handout listing the various housing programs. City Manager Easter advised the issue would be discussed in detail at a joint meeting with the Planning Commission. However, in the meantime, the presentation would assist Council in responding to citizens. COURTSIDE CLASSICS (CHAMBERLAIN): Were under construction with one sold and one which had not closed escrow, but was solid. Some outreach advertising had been done to obtain buyers. An open house was held the prior weekend and of the 7 couples, three were believed to be good potential prospects. Maybe even a city employee might purchase a unit. More would be known in a couple weeks regarding solid escrows tied to the assistance program for the mortgage and down payment. In response to Council, advised the selling price was $75,999. City Manager Easter noted there were only small bootleg signs on the approach to the units and that new signs had also been installed. 2 February 28, 1995 3 LOTS (HABITAT FOR HUMANITY): Were in the process of finalizing the development agreement and exhibits, and expected they would be on the agenda the following week. It would be a three party agreement between Habitat for Humanity, Chamberlain and the RDA. In response to Council, advised the city's investment was the purchase of the land and the available home grants for $150,000, construction $209,000 and would probably contribute another $60,000. Noted the overall investment cost for Brown Street was about $31,000 per unit. Habitat for Humanity was in the process of selecting families. BROWN STREET LOANS AND GRANTS: The process was slow to get started, including the initial people interested. Most significant improvement was the conversion of wood sides to stucco and the addition of some fencing. A contract was signed for the corner lot on the cul-de- sac, there would be vinyl added to the chain link fence on the northwest corner and a new driveway. In response to Council, advised the condemnation would reach the 60 day time limit about the middle of March. The property was listed for sale, but a sale was not likely. City Manager Easter advised that staff had physically delivered flyers as an outreach project to make the residents aware of the programs available. Mr. McNabb noted that enforcement activity was still needed for some declining yards and some local party goers during the afternoons in the front yard. Staff would be following up on some reports relating to gang activity. SAN JACINTO AVENUE AND THIRD STREET: Not much time had been utilized further on the project. Prior RFPs to the development community were not responded to. A new RFP would be sent to a different class of builders than previously. In response to Council, advised the city did own the property, which consisted of single family detached homes. The intent was to utilize the Brown and Second Street plans. SHAVER STREET AND JORDAN AVENUE: The apartment complex was in escrow for the first three vacant buildings along Jordan. There were some title problems, which had been resolved, and they probably would close escrow within the next week. Staff would be bringing an architectural design for the conversion to single family units. February 28, 1995 640 SOUTH JORDAN AVENUE: There were 13 units vacant and owned by the bank which caused some enforcement problems. Hoped to find a buyer to take an active management role and offer preferable financing. An offer was accepted but the bank wanted a re -appraisal, which was outstanding at the current time. DOWN PAYMENT ASSISTANCE: Plan was to provide closing costs or the down payment assistance with a maximum of $7,500, for agency related projects in the Heritage neighborhood. Staff had worked with local lenders to qualify buyers and meet CRA requirements. Effort was directed to increase the number of families able to take advantage of the program. The matter would come back for consideration during the next week. MORTGAGE CREDIT CERTIFICATE (MCC): City already adopted the resolution to participate with the County, who just came back from the Debt Allocation Advisory Commission with a smaller amount of funds, which would be gone in a matter of months. Staff would recommend doing away with the program in lieu of mortgage revenue bonds and create opportunities a little below market interest rates. Staff would be coming back to Council at a later date. VALLEY RENTAL ASSOCIATION: Prior attempts to form an association of property owners and managers, to increase the quality of rentals for all concerned, failed. Another effort by the Hemet Police Department, held their first meeting in January and pledged to try to get San Jacinto owners and managers involved. Staff would attend the meetings and review the by-laws, generalized programs and fee structure. There seemed to be a lot of interest and a desire to avoid the situations and problems which occurred in other cities, where, with help, the vacancy factor went up and a better class of tenants were obtained. Those tenants going elsewhere was due to the lack of education by some owners and managers on how to do background checks. The next meeting would be March 22nd, for which staff sent letters requesting participation and an RSVP. Noted, regarding as referenced in the prior staff report, that the Riverside Housing Development Corporation, was a non-profit organization to basically build homes for affordable housing opportunities, and they were beginning to branch out and seek homes for rehabilitation. Staff would consider something similar for the First Street area, as well as, some abandoned homes. February 28, 1995 City Manager Easter noted that staff would introduce the program to local banks for the use of CRA funds with both Hemet and San Jacinto for the First Street target area. The approach would be to address all issues in a neighborhood. During later phases staff hoped to bring the group to work with the City and stretch RDA funds and raise funds from other sources. In response to Council inquiries, Mr. McNabb advised the group was private non-profit, staffed by an Executive Director, one clerical position and recently hired a Project Manager and a half-time Loan Underwriter. Regarding the target area, the improvements would go beyond the facade and include an increased presence of law enforcement and more official activity to help decrease gang activity. Other ideas being looked at, were a mobile city hall which could double as a command post in the event of disaster or be utilized during special events. The facility would be an RV or bus. Staff would look into a donation or possibly surplus property for obtaining such a unit and report back to Council if they liked the concept. With regard to the required amount of affordable housing, the City, as of December's report, was over the required amount. Noted there were no remaining funds to be allocated for the current year and identified the various projects which had been completed. The remaining was on hold pending the RDA litigation. City Manager Easter clarified that the Riverside Housing Development Corporation received their funds by charging a per unit cost of about $2,500. A brochure was sent out to Council a few months ago. Council suggestion that RTA be contacted for a surplus bus. City Manager Easter commended staff for their efforts since the consultant Marc Grisham had left, assuming his duties as well as their regular work load. At the hour of 8:17 P.M. adjourned the Redevelopment Agency, and continued acting in the capacity as the City Council for the remainder of the agenda. 5.0 CONSENT CALENDAR - CITY COUNCIL/REDEVELOPMENT AGENCY None February 28, 1995 6.0 PUBLIC HEARINGS None 7.0 CITY DEPARTMENTS None 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Proposed March 14th Special Meeting Councilmember Oaks advised the Joint Council Recycling Subcommittee would meet again on March 3rd and expected any minor differences to be ironed out. Hemet tentatively planned to take action at their March 14th meeting. However, Mr. Oaks would be out of town at that time and inquired if Council concurred with a delay to March 21 st, depending on Hemet's response to the delay. Council concerns were focused on the possible time constraints as well as the desire that all Council be present for the consideration of the issue, especially a member of the subcommittee. City Manager Easter advised that staff would clarify the concerns of Council, and based on the possible concurrence of Hemet, bring the matter back to Council appropriately, including a special meeting on March 21st if possible. Clarified that the costs addressed in the proposal would not be the final cost to citizens. Council would further need to address education and administrative costs through the public hearing process to set rates. Information would be distributed to Council as soon as it became available. Councilmember Oaks requested that the next agenda contain the consideration by Council to reimburse a citizen's trip to Washington in support of senior issues. Councilmember Williams, stated that due to the change over in the legislative make up of bodies and inquiries from citizens about what the City would be doing to prepare for the future, without coming back to request more funds, requested that staff look at internal operations and report back to Council on the effectiveness and efficiency of service delivery on a day to day basis. Requested that such a report be within 60 days. Felt the issues needed to be addressed prior to consideration of the 1995/96 budget. 6 February 28, 1995 Councilmember Oaks suggested that such a review be undertaken in a retreat format to evaluate the direction the City should go. City Manager Easter clarified that the Council would like to see a summary of what had already been looked at, other areas which could be looked at, and receive feed back from the Council on what to look at in more depth. Suggested that Council talk about a retreat following the November elections as more effective. Further, that as part of the goal setting process of budget, each department to submit what their objectives would be for the next 12-18 months, and requested direction from Council on what format and when such a session would be desired. Council consensus that an all day casual workshop with only staff would be needed and directed staff to bring back on the next agenda some suggested dates for selection by Council. Mr. McNabb reminded Council if they had specific items to agendized for the joint meeting with the Planning Commission to let staff know. City Manager Easter reminded Council of a joint meeting with the Planning Commission on March 28th, and with EMWD in April. At the hour of 8:45 P.M. Council recessed. At the hour of 9:00 P.M. Council reconvened in closed session, with all members present, except Mayor Hafliger, pursuant to the following: 9.0 CLOSED SESSION 9.1 Conference with Legal Counsel - Pending Litigation pursuant to Government Code Section 54956.9(a) City of San Jacinto vs. PMC Mortgage 9.2 Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956 - California Resources Agency vs. City of San Jacinto 9.3 Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956 - California Farm Bureau vs. City of San Jacinto At the hour of 9:43 P.M. Council reconvened in open session, with all members present except Mayor Hafliger, and announced no reportable action being taken. February 28, 1995 10.0 ADJOURNMENT There being no further business to conduct A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to adjourn. Motic , carried unanimously. The hour of adjournment being 9:44 P.M. Approved by Henry Hafliger, Mayor Submitted by Bob Wilson, City Clerk Deputy City Clerk rye S A N JACI NTO AGADA5'4- 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: March 21, 1995 RE: Minutes - Regular Meeting March 7, 1995 RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 7, 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 MARCH 7, 1995 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 7:39 P.M. by Mayor Hafliger at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Leahy, Oaks, Williams and Mayor Hafliger Absent: Councilmember Solorio Prayer of Invocation by Pastor Gordon Houston Pledge of Allegiance led by Mayor Hafliger 2.0 SPECIAL PRESENTATIONS 2.1 Recognition of Dave Ver Plank, Planning Commissioner 1985-1994 2.2 Southern California Association of Governments (SCAG) Presentation Darren Kettle, Representative of Inland Empire SCAG, advised he was present to make the Council aware of what SCAG had to offer. Explained how SCAG had changed in the past years by expanding the board's elected membership to 70 and obtaining staff from the local residents. The elected representative for San Jacinto was Cynthia Crothers in Moreno Valley, who was being replaced by Ron Parks of Temecula, Chairman of the Transportation and Communications Committee. SCAG covered six counties in Southern California to address regional issues of transportation planning and growth management planning for housing. The intent was to prepare a regional general plan, in response to prior legislation which would have removed local control on such issues. Handed out information packets to the Council on their organization and urged the City's support. Indicated the City could communicate with SCAG directly or through WRCOG. In response to Council inquiries, advised how the make up of the board related to the population and density of a specific area. Their organization had 103 full time and 10 part time temporary staff that use information provided by cities. Noted that i March 7, 1995 SCAG appreciated the periphery cities input and urged San Jacinto to become a participating and dues paying member, although all cities, by law, were members. Identified the four main policy committees the City could participate on. Council concern that Councilmembers were being asked to give more and more time, making it impossible for business people, and those employed, to serve their communities, especially when organizations had such a large staff as compared to the City. Concerned that organizations such as SCAG were not dealing with such things as, environmental mandates which resulted in negative impacts on the public. Mr. Kettle advised that their organization, representing 184 cities in 6 counties, gave them an advantage to be more effective in Washington and Sacramento. In the past year they had decided to take a proactive approach on legislative issues, and mandates was at the top of the list, along with the endangered species and local housing related issues. They were preparing a comprehensive guide on issues so they could have a louder voice. The guide preparation was funded by federal grants. Noted that Mr. Parks supported the reduction of mandates at every level. In response to Council, advised their funding was only 10% from membership dues, which was $700,000 (for meetings, workshops, annual assembly and printing) of their $14 million budget. The remaining came from state and federal transportation funds. 3.0 PUBLIC COMMENTS Chantae Valdez requested a memorial plaque be placed at Mistletoe Park to memorialize Bernie and Rudy Valdez, who died there in 1977. Stated they did not deserve to die and there was no justice. Mayor Hafliger suggested she contact the City Manager's office with her request. Councilmember Leahy advised that Council was prohibited by law from responding to her request at that time. At the hour of 8:00 P.M. convened the Redevelopment Agency in joint session with the City Council for consideration of the following items: 2 March 7, 1995 4.0 REDEVELOPMENT AGENCY 4.1 Update on the Status of the Three -Lot Brown Street Housing Project Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Basically provided an overview of the agreement which would come back for approval at the March 21, 1995, meeting. The agreement would transfer land to Habitat for Humanity for the construction of three homes to be built by AA Chamberlain. The funding came from a grant and RDA funds. Habitat for Humanity was in the process of selecting buyers. Explained the need for the second trust deed to protect the neighborhood values and a profit being made due to the difference of the selling price from that of the market price, and was at no cost to the city. The second trust deed would be forgiven over a thirty year period. As well, there would be a deed restriction by Habitat for Humanity for the same purpose. The selling price would be between $61-69,000. Hal Brown, representing Habitat for Humanity, advised that buyers would have to come up with $500 cash and $500 sweat equity to cover closing costs. That would include 100 hours of labor on the home of someone else. The note would be carried by their organization with no interest and the payment would go to support additional housing opportunities. The no interest concept was needed to qualify low income buyers. If a buyer wanted to sell, there were deed restrictions that required a sale to another low income buyer and the second trust deed prevented the ability to make a profit from short term ownership. The protection offered by Habitat for Humanity would only cover up to the amount of the sale and not the resultant difference between the sales price and the market value. Council comment: 1. Appraisers would take into consideration the special circumstances of the sale price versus market value. Would like the process simpler and reduce staff time involved, if possible. Hoped that Habitat for Humanity would seek out individuals who would appreciate the homes and remain for a long time. Mr. Brown, in response to Council, advised their organization was a private non-profit and they were prohibited from taking funding directly from government or the construction industry for their purpose, because 3 March 7, 1995 of the strings attached. On the other hand, the cost for the city would increase because of the need to pay prevailing wages, and their organization was strictly volunteers. By law they were limited to only three paid staff. Identified the various organizations who had offered assistance. Stated that the individuals selected would be San Jacinto residents, with the standard 18 month prior residency requirement. At the hour of 8:20 P.M. Council recessed. At the hour of 8:25 P.M. Council reconvened with all members present, except Councilmember Solorio. Mayor Hafliger clarified that the last item (4.1) would come back to the Council agenda on March 21, 1995. 5.0 CONSENT CALENDAR - CITY COUNCIUREDEVELOPMENT AGENCY Public Works Director Evans stated that there was a change to item 5.7. Noted that Mr. Akkerman had formalized his bid and the fee would be 15% of gross receipts. Essentially his bid was the same as Kozma. However, staff was still recommending Kozma. Although Kozma was in the business for less time, Mr. Akkerman being in the business a long time, perhaps did not have the time to give adequately. City Manager Easter noted that in the past equipment was taken to Los Angeles for auction. Following the upcoming auction, staff would evaluate the two different processes and give an update to Council in April. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to approve the consent calendar as presented. Motion carried on a 4-0 vote with Councilmember Solorio absent. 5.1 Minutes - Regular Meeting of February 7, 1995 Approved the minutes for the Regular Meeting of February 7, 1995, as presented. 5.2 Minutes - Special Joint Meeting of February 14, 1995 Approved the minutes for the Special Joint Meeting of February 14, 1995, as presented. 4 March 7, 1995 5.3 Warrant Register Approved warrant numbers 39758 through 39866, dated February 28, 1995 in the amount of $237,212.43 and Payroll check numbers 4705 through 4798 dated February 17, 1995. 5.4 Treasurer's Report - January 1995 Received and filed. 5.5 Notice of Completion - Bath Reservoir Accepted the new Bath Reservoir and authorized the City Clerk to file a Notice of Completion on behalf of the City. 5.6 Create Position of Utilities Superintendent (Public Works Department) and Job Description Approved the creation of the position of Utilities Superintendent to replace the present position of Water Superintendent in the Public Works Department and approved the Utilities Superintendent job description. 5.7 Auctioneer for City Surplus Property - March 25, 1995 Auction Approved the selection of Kozma Appraisal and Auction Service to carry out a public auction of surplus City property. 5.8 Ordinance - Zoning Ordinance Amendment 3-94 (Sign Guideline) Waived the reading in full, and read by title only and adopted Ordinance No. 1008 approving Zoning Ordinance Amendment 3-94, thereby amending Ordinance No. 340, the Zoning Ordinance 340, by Repealing and Re-establishing Article No. 16, the Sign Guidelines, of the City of San Jacinto. ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 3-94, THEREBY AMENDING ORDINANCE NO. 340, THE ZONING ORDINANCE, BY REPEALING AND RE-ESTABLISHING ARTICLE NO. 16, THE SIGN GUIDELINES, OF SAN JACINTO 5.9 Revision to the Down Payment Assistance Program Acting in their capacity as the Redevelopment Agency, approved the revisions to the Down Payment Assistance Program, as outlined in the staff report. 5 March 7, 1995 At the hour of 8:30 P.M. adjourned the Redevelopment Agency and continued acting in their capacity as the City Council for the remainder of the agenda. 6.0 PUBLIC HEARING 6.1 Establish North State Street Underground District #1 - (Cont. from 2-21- 95) Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. Advised that staff had received no comments or opposition on the matter. In response to Council, advised that only Inland Valley Cable desired to delay, and it was Edison's (SCE) suggestion they delay and share the trench. Council suggestion to obtain any agreements with the utilities in writing. Mayor Hafliger opened the public hearing. There being no speakers wishing to present testimony, the public hearing was closed. A MOTION was made by Councilmember Leahy, seconded by Councilmember Williams, to adopt Resolution No. 95-9 establishing North State Street Underground District #1. Motion carried on a 4-0 vote with Councilmember Solorio absent. RESOLUTION NO. 95-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, ..r,LIFORNIA ESTABLISHING NORTH STATE STREET UNDERGROUND UTILITY DISTRICT NO. 1 7.0 CITY DEPARTMENTS 7.1 County Services Area (CSA) 152 Administrative Services Contract National Pollution Discharge Elimination System (NPDES) and Resolution Setting Rates for the County Service Area Public Works Director Evans advised he had nothing further to add to the report. Called attention to the response by the City Attorney regarding the non-compliance with the mandate. Advised he could respond to the inquiries by Mr. Brass. 6 March 7, 1995 Mr. Brass deferred speaking to allow Mr. Evans to respond to his questions, which he had submitted in writing at the meeting. 1. If instituted, would the assessment fund the cleaning of all storm runoff infrastructure in the City? Mr. Evans advised the budget of $10,000 reflected what staff believed it would take in a normal year for the catch basin and storm drain maintenance. However, staff was no longer sure what was normal, and it would not cover the effort this year. City Manager Easter advised the budget was not set in concrete and could be adjusted up until the final hearing. This step was just preliminary so the County could compile their reports. Council, could at their option, adjust higher for that which they wished to fund. Mr. Evans, in response to Council, advised the permit process was to control sedimentation and erosion from entering the San Jacinto River. Explained that other sources of funding, i.e., FEMA, were predicated upon the disaster declaration, and after the cutoff there would be unprotected time. The only form of appeal, would be through the Governor. City Manager Easter advised the existing situation was not declared a disaster and would not be covered. Mayor Hafliger advised the disaster declared covered only Ventura County. San Jacinto's problem was a result of debris which washed out of the badlands and caused the levy to break and the City would not receive help for it. Ms. Easter suggested, if Council wished, staff could research and report back in a couple of meetings, the potential financial needs. However, the assessment was an issue which Council would evaluate each year and could anticipate stronger demands for storm drain clean up. Ultimately, anything not funded by FEMA or the assessment would have to come from the General Fund. Staff could re-evaluate and come back to incorporate additional funding if desired. 7 March 7, 1995 Mr. Evans advised the County had to have action tonight for the County to administer, and the amount could be changed up until June 30, 1995. In response to Council, advised the funds collected would come back to the City, minus the County cost for administration. The assessment under consideration would be effective with the 1995/96 tax year. 2. Did the County have an assessment district to provide clean up of County areas? Mr. Evans advised the County had an assessment district which generated $1.8 million for County areas, but could not address how they used the funds. Further, the area would be eligible, but could not say if they would be covered entirely. It would depend on how plugged up they got, which could vary from year to year. The budgeted amount would not go very far, if it was compared to the current year. Mayor Hafliger noted the County had been asked numerous times to clean up some of the drains. Mr. Evans noted that additional facilities were being constructed and there would be the need for significantly more maintenance on channels and culverts. City Manager Easter clarified that perhaps each were talking about different drain channels. Mr. Brass referring to the one near Village 4 and the Mayor speaking of the one further west of the Country Club, which had been plugged for years and sheets across the road. Mr. Evans noted the new facilities were larger and easier to clean. The older and smaller were virtually impossible to clean. Hoped the change would improve the situation. Noted the drain under the street had been cleaned out and remained so, at least until the last weekend. As for other cities not complying, noted that some were collecting the assessment as part of their utility billings, using other funding sources or were paying out of their general funds. Each were free to select the method of financing. March 7, 1995 3. Mountain View residents desired to know if the storm drains constructed under the Soboba Road improvement project would be maintained through the assessment? Mr. Evans stated he was not clear on questions number 3. Mr. Brass thanked staff for their response to his prior two pages of issues. Felt the budget was not sufficient. Stated they were impacted tremendously from the County area upstream, where the culverts were full and the road would wash out if there were more rain. He had walked the channel with Bob Rentz and Jim Henning, which was 10 feet wide by 6-8 feet deep, and was full and would feed the flow down to the golf course. If they were to be assessed, he agreed they should pay something for clean up, but felt the County should help to alleviate the problem. 4. Would the conditions required under the mining permit issued to D & S Developers be completed, or would the runoff from the Village 6 area continue to overload drainage facilities being built? Mr. Evans stated that at a previous meeting of the Council (May or June), while discussing the problems of the 1993 flood runoff, the City permitted a fill space and required the area to be reseeded and recontoured. Staff walked the area and were directed to follow up to locate the owner and enforce the requirements, but that was not done. Referring to the area just east of the Olive Grove, Mr. Brass stated it was his understanding that the City/County line was the double yellow line of the road, and Soboba Village paid for a culvert on the County side. He was lead to believe that once they tapped into the old infrastructure, the County would be required to fund for payment for everything. Felt if the homeowners funded, at least the County could clean it up. The County did not clean the road now, where the mud was, but they cleaned up north of the tennis courts. Felt the County owed them something. Another question, which was not on the list, did the federal government impose the same requirements for runoff from the indian reservation as the rest of the county? Nobody seemed to have an answer. March 7, 1995 Mayor Hafliger stated that due to the major problems, he recently corresponded with the property owner west of the area. The owner stated the County felt the City should establish responsibility for removing the debris that washed from one side of the road to the other. He was referred to the County and the Mayor did not know what the result was. City Manager Easter advised that staff was not aware of any response. Mr. Brass stated it was an awkward situation, where the two jurisdictions were overlapping on the improvement project and the homeowners were impacted by the County runoff, and runoff upstream from the federal preserve. Wanted to be sure if the assessment were imposed, that it be directed to help them. City Manager Easter stated the debris coming down would have been helped by the debris basin, which was eliminated in the improvement program. Mr. Evans stated the purpose was to try to guard against this. Ms. Easter stated that during the time of drought, it was thought to be un-needed, and the decision was made not to fund it, then heavy rains came and it was needed. Mr. Brass stated, regarding that particular issue, it was never denied it would function, and may have. But it might have alleviated some of it if the seven foot "S" curve had been funded on the County side. That would have cost about what the debris basin would have cost. The homeowners position was to pay for that which was adjacent to them, and let the County and future development pay for the upstream. Councilmember Leahy suggested the Council send a letter to the County Board of Supervisors, along with pictures showing the damage. Councilmember Williams inquired what the answer was to Mr. Brass' question number four? 10 March 7, 1995 Mr. Evans stated that property owners had been talking for almost a year on this particular issue. One owner stated it was not his problem, and that he had permission to use the fill area and did not have any further obligation. It was suggested staff could talk to the City Attorney, and Mr. Evans suspected the next step would be litigation. He was not fully familiar with the conditions. Ms. Easter stated staff would research the matter and follow up. Councilmember Williams, once again, urged Council not to adopt the resolution. If they wanted the City to follow the rules, the rules should make sense. Likened this to an event in history, where the national ignored the locals. He appreciated the City Attorney's opinion, and expected nothing less. This was just more of the unfunded mandates and Council needed to take a stand against them. Should only agree to fund if and when funds were available. Could deliberate this as a matter of willful refusal or negligence, or as the attorney said, if Council did not comply because they saw it as a matter of money. The City did not fund additional police due to a lack of funding. Felt that $50,000 could fund far more critical issues. Desired not to fund, but at a minimum, if inclined to support the program, urged Council to seek the funds from the existing funds of the budget and direct staff to find the money and not further tax the residents. There were public safety issues to be addressed in the future and probably would have to ask residents to fund that. Urged that Council not support the proposal. Councilmember Leahy felt that the $25,000 a day fine and personal liability was quite a risk. Felt Council should pass the proposal and continue complaining about the unfunded mandates. Councilmember Oaks agreed with Ms. Leahy, that Council should continue fighting unfunded mandates, but non-compliance was not the way to go. People should write their legislators to eliminate them, and change could only come about in a mass process. Councilmember Williams felt that compliance would not make the appropriate statement in opposition. In just a few weeks they would be assessing another unfunded mandate, recycling, and there was no telling where it would stop. It was fine to talk of fines and civil liabilities, but the thing to do was to take dramatic steps to fight it. 11 March 7, 1995 Mayor Hafliger felt they were again having to pass an ordinance to tax residents. At the rate it was going, they would bankrupt the City, so felt they could go ahead and fine the City. When would it stop, after the citizens had no money left to pay anymore? Council needed to put a stop to federal mandates which robbed the citizens of their income. Felt it was time for Council to take the heat and stand up to the mandates. Felt it sounded like there would be a tie vote on the matter. Without having a vote, inquired of staff if they voted to postpone until there was a full Council, what was the absolute deadline? Mr. Evans advised the County had $4 million for the program and could move ahead, but this was the last chance to submit a budget. However, because, if Council wanted to come back and add to the budget, he did not think it would upset things too much. He would call the following day regarding the implications and advise they could move ahead next week. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to approve the Administrative Services Contract between Riverside County and the City of San Jacinto, to enable the County to formally assess and collect City CSA 152 parcel charges and revenue for the NPDES program; Adopt Resolution No. 95- Setting the Rates for County Services Area (CSA) 152 to Fund City's National Pollutant Discharge Elimination System (NPDES) Permit Program. Motion was lost on a 2-2 tie vote with Councilmember Williams and Mayor Hafliger dissenting, and Councilmember Solorio absent. Deputy City Clerk Lee, in response to Council, advised she believed the Council procedures called for the matter of the tie vote be continued to the next meeting with a full Council present. Matter was so continued to March 21, 1995. 7.2 Set Public Hearing April 4. 1995, on Report and Account After Demolition of the Las Brisas Models Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. 12 March 7, 1995 A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks, to adopt Resolution No. 95-10 setting hearing for April 4, 1995 to consider objections and protests to the demolition costs of the Las Brisas Models. Motion carried on a 4-0 vote, with Councilmember Solorio absent. RESOLUTION NO. 95-10 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO SETTING HEARING FOR PROTESTS OF OBJECTIONS TO THE REPORT AND ACCOUNT AFTER DEMOLITION PURSUANT TO THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Request for reimbursement of $369.00 (airfare) for Bonnie Stone, President of Citizens for Senior Housing Councilmember Oaks felt that Ms. Stone had a lot to do with convincing HUD to modify their rules for senior housing. There would be a meeting the next day at Valley Wide to discuss the new rules. Felt the trip was well worth the money, and if necessary, he would give up his remaining travel funds to cover it. Mayor Hafliger, as a matter of information, noted the air fare was the standard rate, not a special one as implied. Councilmember Williams inquired why the request was not from Ms. Stone? Lorin Bristol stated he lived in the same neighborhood with Bonnie. Not many knew what a hard worker she was, and she was not paid by any organization. Her efforts were all volunteer. The trip came up suddenly. Hemet had arranged for two of their Council to attend, and at the last minutes Bonnie was invited to go with them. There was no time to solicit approval by the Council, so she was urged to go and compensation would be solicited after the fact. However, Rancho Viejo was just as broke as the City, and being sued by one neighbor because they were trying to comply with HUD demands. They would appreciate the City helping with the air fare. It was noted that she did good work and had an affect on the Secretary of HUD. Was quite sure her presence with the Hemet Council was responsible for the change of heart. 13 March 7, 1995 Councilmember Leahy thought it was a small price to pay for encouraging this kind of action. Hemet had spent a lot on mailing flyers to gain support, and while San Jacinto had given some staff time, it would be a good faith show of support of seniors, and funds were available from the general fund. Mayor Hafliger questioned the payment being a gift of public funds. City Attorney Cox advised it had the potential of a gift of public funds, unless the Council found a nexus to connect it to a benefit to the City. If the expenditure was a benefit to the community, and residents had a public interest in the purpose, it would overcome the question of a gift of public funds. Was not sure it would be challenged, a court would be hesitant to overcome a finding if the decision was based on a finding, it was a public purpose for the expenditure, and obviously Hemet had spent a significant sum, including hotel expenses. Mr. Bristol stated that Ms. Stone very definitely represented the seniors of San Jacinto. Felt if the Council did not see fit to approve, it would break here spirit. She was protecting the seniors rights, which had been challenged at other projects within the City. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to reimburse Bonnie Stone's air fare in the amount of $369.00 from the General Fund. Motion carried on a 4-0 vote with Councilmember Solorio absent. 8.2 Request from San Jacinto Valley Museum Association for City Council to appoint a Museum Representative City Manager Easter made a presentation as contained in the staff report on file with the City Clerk. It was also brought to her attention that some Board Members were serving beyond their term of office, and if Council desired, would need to reappoint. Mayor Hafliger felt that, rather than making appointments or Council attending meetings, Council should evaluate the future role of the City in the Museum Association. There were only one or two cities that provided funds for a museum, and was not sure that San Jacinto could continue to do so. It would be window dressing to a situation that was struggling at best. Needed to come to grips with the fact that museums needed to be privately funded. To do anything else would just be appeasing them. 14 March 7, 1995 City Manager Easter, in responding to Council inquiry on the status of the move to the Estudillo Mansion, advised the status was unknown, and Museum Association newsletters indicated disappointment with the lack of progress. Mayor Hafliger felt there needed to be a serious commitment from the County, and was unsure that would happen. The City dilemma was that there was no real future, and before City spent time on the issue, the Museum Association needed to address their own future. Since there were no volunteers to attend the Museum Board meetings, it was suggested they make a presentation to the Council. They could provide the leadership and come to Council with their future plans. Staff clarified that their rules were adopted by them, not established by the Council. COUNCIL CONSENSUS that the Mayor would work with staff to send a letter inviting the Museum Board to present their plans to Council and identify what they would seek from the City. 8.3 Recommended Process for Annual Evaluation of the City Manager Mayor Hafliger advised Council to work on the forms at home and discuss in a closed session prior to the next regular meeting. In response to Council inquiry, advised a self evaluation was in the process. 8.4 Inland Empire Postmark Clayton Record, responding to the concern that the effort still would not specifically identify the area, advised that was as regional as could be accomplished. The opposition came from San Bernardino, based on the cost to change the stamps. Noted there was also an Inland Empire in the state of Washington. It was noted the resolution need to be corrected to reflect the word "region" instead of "county". A MOTION was made by Councilmember Oaks, seconded by Councilmember Leahy, to adopt Resolution No. 95-11 requesting the U.S. Postal Service to Consider Changing the Area's postmark from San Bernardino to "Inland Empire". Motion carried on a 4-0 vote with 15 Councilmember Solorio absent. March 7, 1995 RESOLUTION NO. 95-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA REQUESTING THE U.S. POSTAL SERVICE TO CONSIDER CHANGING THE AREA'S POSTMARK FROM SAN BERNARDINO TO "INLAND EMPIRE" 8.5 1995-96 Goals and Objectives Setting Workshop COUNCIL CONSENSUS that the sessions be held on March 27, 1995, from 8:00 A.M. to Noon, and on April 10, 1995, from 8:00 A.M. to Noon. 8.6 Participation in the 1995 Hemet News' Ramona Pageant Edition City Manager Easter provided additional materials. Noted, to date, Council had waived fees, and this was a line item which could only be allocated by Council. There was also the request by the Chamber of Commerce to participate in the Annual Banner Program. Councilmember Williams thought it made more sense to donate funds, as Hemet was doing. Ms. Easter advised they were obtaining funding from the ads being sold. Identified the various publications to be printed and the distribution of each. Mixed feelings by Council, that it was just a show of support, to the economic benefits being promoted to tourists. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to pay $550 for a 1/2 page ad. Motion carried on a 3-1 vote with Mayor Hafliger dissenting and Councilmember Solorio absent. Patti Druski clarified that the City would get two free banners. Councilmember Leahy attended the DARE graduation, and stated she was quite impressed. I March 7, 1995 Councilmember Oaks attended a SANBAG, RCTC and WRCOG joint meeting to discuss finances. The primary focus was on transportation in the Inland Empire and there were many novel ideas to raise funds, i.e., a charge based on the number of miles driven, but such an idea had some problems. Councilmember Williams requested that staff bring back on an agenda, within 60 days, the idea of computer networking within the City. Would like to see a program with opportunities with modem connections between the different departments. Where the public could obtain information or Council could receive agendas and minutes on disk. Felt that made more sense than all the paper. Needed to be more efficient internally. City Manager Easter suggested it would be more appropriate to discuss the amount of staff time and include it in the budget, since it was a dollar issue. Mayor Hafliger voiced concern about the motivation, if the process would drive off people who do not want to adapt to new technology. Ms. Easter noted that staff and the computer committee had discussed it, and it was a funding issue. Councilmember Leahy concerned with records keeping in conjunction with the school district proposal. Ms. Easter advised that staff was already working on indexing minutes. What the school district was talking about, was scanning in previous records. Council desired to discuss the matter as a separate issue in an upcoming workshop. Fire Chief Price related that Hemet recently under went a technology improvement for availability of public records and he recalled the initial investment was about $30,000. To set Council up with a mail box and modem log would be simple. Councilmember Williams felt it was a priority to first network departments before trying to network with the public. Mayor Hafliger voiced concern with the environmental issues, conflicting with what was best and good for the public. Would like to see Council direct staff to contact the farmers and get their position, and put together a report for Mr. Oaks to take to Washington on Saturday, and direct information to the Governor's office to inform the State of the problems. 17 March 7, 1995 Ms. Easter advised they could encourage the cleaning of levies during the rainy seasons. Needed to find some pressure points, i.e., Department of Fish and Game. Staff could research but may not be able to complete by Saturday. Staff noted, in light of the RDA litigation, the issue of blight due to the flooding may be an issue. At the hour of 10:00 P.M. Council recessed. At the hour of 10:10 P.M. Council reconvened, with all members present except Councilmember Solorio, for a closed session pursuant to the following: 9.0 CLOSED SESSION 9.1 Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956 - California Resources Agency vs. City of San Jacinto 9.2 Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956 - California Farm Bureau vs. City of San Jacinto 9.3 Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation (Title: City Manager) 9.4 Public Employee Discipline/Release pursuant to Government Code Section 54957 At the hour of 10:42 P.M. convened in open session, with all members present except Councilmember Solorio, and announced the following action: Sustained the demotion of a Fire Captain to a Firefighter. 18 March 7, 1995 10.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 10:43 P.M. Submitted by Bob Wilson, City Clerk Deputy City Clerk 19 Approved by Henry Hafliger, Mayor c c c AGENDA 95 STAFF REPORT TO: Mayor and City Council FROM Anna A. Vega, Finance Director Via Pamela S. Easter, City Manager SUBJECT: Approval of Register of Audited Demands and Payroll Checks DATE: March 21, 1995 RECOMMENDATION Approve warrant numbers 39867 through 40003 dated March 15, 1995 in the amount of $374,254.36 and Payroll check numbers 4799 through 4886 dated March 03, 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. 1 1•• r fr..r J. J1 ... i...• PROGRAM: Off' t3U GROUP NLJII.. U0235 ACCOUNTS PAYABLE ACCOUNTS PAYABLF,...UPDATE LIST REPORT NUMBER ALCOUNTINU 1-'tX1ULl: 09/1t• GROUP USER ANNE TRANS./ 1 RANS DATE VOUCHER E l< ACCOUNT NUMBER DtbCRIF' T I ON -r- 100 03/07/1995 0039?' GRAFFITI. REMOVER --PARKS 200 03/07/1995 003921 13RAFFITI REMOVER -STREETS 300 03/07/1995 003922 i _NVEI-OFF:; 400 03/07/1995 003923 ENVELOF'1..i9 DLSL:KIY 1 lUN . 00 0 2- 71.00--410.:33--30 00 024-41.50-410.33-30 00 01.0-2' 500- 425 . 21 - 10 00 010-1700-417.21-10 500 03/07/1.995 003924 00 096--9700-470.21 ENVELOPES 600 03/07/1995 003925 WORK ORDERS -PUBLIC WORKS 700 03/07/1995 003926 WA ICH COMMANDERS LOG BOO 03/07/1995 003927 REPAIR 11:TCHEN SINK 900 03/07/.I. 99Y.. 0039 2E1 REPAIR i l):EL.I_T 1000 03/07/1995 003929 1995 CALIFORNIA ELECTION 1100 03/07/1995 003930 i.)1°'I LCE '.1.11'PLIE:S 1200 03/07/1995 003931 REPAIRS 1'O UNIT 4641 1.300 03/07/1995 00393.' REPAIRS FO UNIT ':641. 1400 03/07/1995 003933 REPAIRS 10 UNIT 4641 1500 03/07/1995 003934 ECv1DENCI... CRIME SCENE F'ROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER R I t LHtLKm LHt ..i% PR I t 1 7Pt LRb 1 TKANS 0001794 ATCO INTERNATIONAL 03/15/1995 0000000 00/00/0000 0001794 ATCO INTERNATIONAL 03/15/1995 0000000' 00/00/0000 0000952 ARROW PRINTING 03/15/1995 0000000 00/00/0000 0000952 ARROW PRINTING 03/15/1995 0000000 00/0070000 JO 0000952 ARROW PRINTING 03/15/1995 0000000 00/00/0000 00 019-455'0-410.21-3.0 00 010- 3100.-.431 . 36-':10 HEF.:.T-POLICE DEPARTMENT 00 010-7400-425.33-10 COMMUNITY CENTER 00 01.0-7400-425.33--1.0 COMMUNITY CENTER 00 010-1110-411.31-20 CODE 00 0 0--1 :110-41:1.. 2:1--:I0 0000952 ARROW PRINTING 03/15/1995 0000000 00/00/0000 0000952 ARROW PRINTING 03/15/1995 0000000 00/00/0000 0000150 BLUE RIBBON PLUMBING 03/15/1995 0000000 00/00/0000 0000150 BLUE RIBBON PL.IJMBING 03/15/1995 0000000 00/00/0000 0001795 I'FM ASSOCIATES 03/15/1995 0000000- 00/00/0000 0000600 HUBBS STATIONERY 03/15/1995 0000000 00/00/0000 00 019-3200-431.33-50 FIRE DEPARTMENT 00 01'..7•200-431.33-50 FIRE DEPARTMENT 323202 N 323202 N 35164 N 35:1.64 N 35:1.64 N 351.62 N .3Cfi:l 59 N 61.354 N 6:1.621 N 14935IN N 276132! N 0001026 INLAND EMPIRE WHITE GMC 16354 03/15/1995 0000000 00/00/0000 N 0001026 INLAND EMPIRE WHITE GMC 16237 03/15/1995 0000000 00/00/0000 00 019-3200-431.33-50 FIRE DEPARTMENT n1 0001026 INLAND EMPIRE WHITE GMC 16242 03/15/1995 0000000 00/00/0000 00 010-3100-431.21--05 SUF'F1-IES-POLICE: DEPT. 0000690 LIGHTNING POWDER 03/15/1995 0000000 00/00/0000 N AMOUNT 1.25.50 125.50 53 / . 9 7 284.31 2E34.3:1 231.12 93.47 50.23 70.43 41..04 79 . G:2 450.25 261.06 645.43 101909 :3:1..1..95 N I Ro RAM: i3M3131J ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 2L (3R(3UF NUMBER 00235 ACCOUNTS ACCOUNTING PERIOD* 09/1995 GROUP USER ANNE • PAYABLE TRANS. TRANS DATE VOUCHER 81'. ACCOUNT NUMBER PRO.J P.O. VENDOR VENDOR NAME INVCI:LCE NUMBER AMOUNT -oE,P`ieg1F'TION 1 DESCRIPTION 2 1600 03/07/1995 003935 00 010--3100-431.21--05 E::V:I:DENCI: (:RIME SCENE SLIFPL..IES--F'(1I..ICE DEPT. 1700 03/07/1995 003936 SUPPLIES -FLOOD 1800 03/07/1995 00393/ Sl.1F'PLI Ei i. -LI_MI 1900 03/07/1995 003938 TANK t. 1 INE TESTING .2000 03/07/1995 003939 REPAIR ICADIA1OR-UNI1 64: 2100 03/07/1995 003940 CARPET CL.EANINI) 2200 03/07/1995 00394:1 FLARES-I•OLICE_ DEPARTIIEN1 00 039-4155-410.40-01 00 025-•7256--410.33-30 00 019-0000-103.13-10 FUEL PLUMPS 00 01 9 -31 00-431 .:33-50 FIRE DEPARTMENT 00 010-2500-425.33-10 312 E. MAIN 00 010--3100-431. 2300 03/07/1995 003942 00 010-3100-431 FLARES-I-'OL.ICE DEPARTMENT 2400 03/07/1995 003943 OFFICE SUPPLIES 2500 03/07/1995 003944 OFFICE SUPPLIES :2600 03/07/1995 003945 NUTS 6 BOLTS -STREET OUE DATE.. OaMECKf i.CMEL:R', DA 1 E , YPE LAST- I ANS 0000805 LYNN PEAVEY CO. 03/15/1995 0000000 00/00/0000 97601. N 0001028 MISSION ELECTRIC SUPPLY 173848 03/15/1995 0000000 00/00/0000 r1 0001028 MISSION ELECTRIC SUPPLY 1731:148 03/15/1995 0000000 00/00/0000 N 0001324 PACKHAMM !. TOOMEY INC. STMT. 03/15/1995 0000000 00/00/0000 N 0000812 POLAR BEAR RADIATOR SERV]: 16:I.113 03/15/1995 0000000 00/00/0000 '000}796 R 03/15/1995': >l0000. • ;00/00 0000 21--17 0000883 RIVERSIDE COUNTY SUPPLY 03/15/1995 0000000 00/00/0000 21-17 0000883 RIVERSIDE COUNTY 03/15/1995 0000000''"00/00%0000 00 010.-3100.-.431.21.-10 POLICE: DEPARTMENT 00 010-3200-431.33-30 F IRE DEF'ARTMEN'T I•! 5360 N 103.142 N SUPPLY 183144 N 0000883 RIVERSIDE COUNTY SUPPLY 103:1.40 03/15/1995 0000000 00/00/0000 00 024..-4 :1. 50--4:L 0 .33- 30 0000883 RIVERSIDE COUNTY 03/15/1995 0000000 00/00/0000 N SUPPLY 18:3:146 rl 0000822 SHARP BUILDING SL.IF'F'I...Y S:I:UNf. 03/15/1995 0000000 00/00/0000 2700 03/07/1995 003946 FUEL -ALL. CITY VEHICLES 2800 03/07/1995 00:3947 Tfti't ION-i'. E:RSONNEL CLASS 2900 03/07/1995 003948 REPAIR (DIESEL. PUMP 3000 03/07/1995 003949 FORT-O--I...L r RENTAL 00 019-0000-103.13-10 00 010-..1.210....412.31.--20 MORA 0000438 SoUTnRN «. TIES. OIL 03/15/1995 0000000 00/.. '+ 00 0001797 U.C. RIVERSIDE.: 03/15/1995 0000000 00/00/0000 497 i98 N 161523 N 32094 N 00 019-4550-410.33-10 00 050-9000•-450.34- 05 WATER DEPARTMENT 0000306 ELMER J. WOOD INC. 03/15/1995 0000000 00/00.0000 0000328 WASTE MANAGEMENT 03/15/1995 0000000 00/00/0000 2120.3 N 816--01.6946 N :354.25 20.84 113.92 945.00 :L42.48 200.00 141.21 141.21 56.1E 84.64 26.9'2 5,034.61 260.00 647.01 59.78, PROGRAM : OFF,3131 GROUP NUh : 00235 ACCOUNTS PAYABLE ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER nn ALCOUNTrNG PERIODI-7191n GROUP OIMER ANNE TRANS- IRANS DATE VOUCHER DK ACCOUNT NUMBER DESCRIP1TOR-1 3100 03/07/1995 003950 CARTRIDhE REFILL -FAX 3200 03/07/1995 00395J CARTRIDGE REFILL -FAX 3300 03/07/1995 003912 CARFRIDhE REFILL -FAX 3400 03/07/1995 003953 LARTRIDhE REFILL -FAX COUNT: AMOUNT: DESLRTPT1VN 00 010-1700-417. MACHINE 00 010-3200-431. MACHINE PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DA1E LHtCt¼ LHIS A 1 iIFE EAST TRANS 21-10 0000307 XEROX CORPORATION 03/15/1995 0000000 00/00/0000 21-10 0000307 XEROX CORPORATION 03/15/1995 0000000 00/00/0000 00 01.0-300-431.21-10 MACHINE 00 010-4100-410 MACHINE 0000307 XEROX CORPORATION 03/15/1995 0000000 00/00/0000 .21-10 0000307 XEROX CORPORATION 03/15/1995 0000000 00/00/0000 GROUP TOTALS 34 12.165.09 154315940 N 154315940 N 154315946 N 154315940 N AMOUNT 84.05 04.05 04.04 84.04 PROGRAM: 8M31.30 ACCOUNTS PAYABLE UPDATE LIST REPORT NLIMDER 22 GROUP NUMBER 1 00237 VOIDED CHECKS -A'CI::DUNTIN(3-F'Ek10DF- 097i395 (GROUP USER ANNE 11'iANS4 I RANS DATE VOUCHER UK ItCCDUNT NUMBER DESCRIF'TI.ON T DESCRIPIIUN '! 100 03/07/1991 vU.I:I:I CHICK 200 03/07/1995 UOIII CHECK 300 03/0'7/1995 UI:I:LD CHECK 400 03/07/1995 ',(:IID CHICK 500 03/07/199'.. 0:1:1.1) CHECK 600 03/07/1995 uO:(LI CHECK 700 03/07/:1.995 ',DID CHICK 800 03/08/1995 0039L .4 00 010•.-31.00--4:'.:1.. 31-21 l:l_A2i:i3 CANCELLED PROJ P.O. VENDOR VENIIOR NAME 003955 00 01.0-3100-431.31-25 CLASS CANCELLED 003956 00 01.<> : i00-431..3:1.-2 L5 CLASS CANCELLED 003957 00 010-3100-431.31-25 CLASS CANCELLED 003958 00 010--3300- 431..3.L--20 LOST IN MAIL.. 003959 00 046-8800-450.50-10 LOST IN MAIL 003960 00 044--0700- 410.50-:L0 LOST IN MAIL. 003961 00 025-7254-410.35-14 UCIIII CHECK -LOST IN MAIL_ 900 03/08/:199::I 00396r 111111 CI IL CK'1-.05 T IN MAIL. 00 0 1'; r2.GF.--410.35.-i i 1000 03/00/1995 003963 00 025-7260-410.35-1.4 V1:1 D CHICK -LOST IN MAIL. 1.100 03/08/1995 003964 00 050-9000-. .. 0.;35 14 VOID CTIL CK-LOST IN HAIL 1200 03/08/1995 003965 00 010-2500-425.35-14 0OID CHECK -LOST IN MAIL 1300 03/08/:1995 003966 00 0.1.0-2500-425. 315-14 111EII CHICK -LUST IN MAII 1400 03/08/ 1995 003967 00 01.0-2 00- 4'25. 35-14 V111D CHICK -LOST IN MAII.. 1500 03/00/1991 003968 00 010 vOTII CHECK 1 C.0--4:3:1.. 31.--21 00/00/0000 0038014 08/03/1994 00/00/0000 0037873 07/15/1994 INVOICE NUMBER LIUt UA 1 t I. H .L.N9 L.HtL.R YA 11. TYPE- CAST TR7iNS- 0001743 DIRGE AND ASSOCIATES 00/00/0000 0039530 01/31/1995 0001328 IIAVID W. HOBSON 00/00/0000 0039674 02/15/1995 0000292 EILANE IIILLON 00/00/0000 0039661 02/15/1995 0000697 DENNIS LOVE 00/00/0000 0039677 02/15/1995 RED N REO N RED Ii 0000626 INT'L CONF. OF BI.IIL..DING M4:'.1.60 00/00/0000 0039704 02/15/1995 N 0000372 UNION BANK 00/00/0000 0039752'02/15/1995 0000372 UNION DANK 00/00/0000 0039752 02/15/1995 0000447 SO. CALIFORNIA EDISON 00/00/0000 0037873 07/15/1994 RED N RED N CO. STMT N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0037873 07/1.5/1994 0000447 SO. CALIFORNIA EDISON 00/00/0000 0037B73 07/15/1994 N CO. STMT N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0037073 07/15/1994 1•! 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0037873 07/15/1994 N 0000447 SO. CALIFORNIA EDISON CO. STMI 00/00/0000 0037873 07/15/1994 N 0000447 SO. CALIFORNIA EDISON CO. STMF N 0001399 ALL TRIPS -N- THINGS FLED N AMOUNT .306.00- 99.00- :? 6.00-- 276.00- 01 . 00-. 139, 075.60- :1.4 . 407.85• :13.44- 9Of'; .37. 1 , 725.68- 19.5.'34.0.1.-- 8.97- 0.98 - 1.'54.75- 248.00--. PROGRAM: voaLrimv GROUP NUMb, t 00237 VOIDED CI• IECKS ACCOUNTS PAYASLf :UPDATE LIST REPORT NLIER 22 VOID CI II Cl.. VOID (:I IL CI ----ALCOUPTMEFFERTOrif 0971,795 GROUP USER ANNE TRANS3 TRANS I:IATE VOUCHER BF'. ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME DUE. JA 1 t CHECI. CHECK tL C1:IF'I:LUN 1 - - GESCRIFTIUN INVOICE: NUMBE: E 1YYt LAST TRANS I.600 .)3/00i :199I5 00396'P 00 065 0000-227.00 -6'7 0001528 ANGELA GARCIA REP 00/00/0000 0030100 08/31/1994 N L700 1)3/08/1995 0039?0 00 06 --0000--229.08--67 0001526 J.O. ENRIOUEZ REt 00/00/0000 0038235 08/31/1994 N COUNT; mMOUNT: OR DOE TC)TAI S 1.'7 1 r i ..14. 92- AMOUNT 6.57- 2.90"- 1'ht.l'Yltm.ti •.i.oi J.:ji .1. 11.... PROGRAM: 880313U ACCOUNTS PAYABLE UPDATE LIST GROUP NUMBER 00210 ACCOUNTS PAYABLE 3/15/9 i REPORT NUMBER �SCC:DUNTING PER-IODI 097T995 GROUP USER ANNE TRANS 1 RANS DATE VCOUCHIF i CIESCRIF'I',LOft l -- LO0 )3/09/1995 003971 kE.YS--C( hOUNIT•i CF..NTE:I' 200 03/09/1995 003972 CHI.-ORINE CYLINDERS 300 03/09/1995 003973 O:1:1... i. SWING -LINE 400 03/09/1995 003974 BACTERIAL ANALYSIS 500 03/09/1995 003975 DACTLR:I.•I... ANALYSIS .00 03/09/1995 003976 BACTERIF.I... ANALYSIS 700 03/09/1995 003977 BAC:TERIFJ_. ANALYSIS 800 03/09/1995 00377E3 BACTERI:AI.. ANALYSIS 900 03/09/1995 FAC'TERIAI.. ANAI...YSI',3 0039r9 1000 03/09/1995 003980 TOWING OF BACKHOT: 11.00 03/09/1995 003901 TOWING OF P.I.Q. UNIT 1200 03/09/1995 003982 WATER/TRASH DEPOSIT 1300 03/ 09/1990 0039E3.3 WATER/TRASH DEPOSII 1400 03/09/1995 003984 WATER/TRASH DEPOSIT 1500 03/09/1.995 003985 WATER/TRASH DF_POSI1 111t ACCOUNT NUMBER I:IESCRIF'TIOW s 00 0:1.0--7400--425.33--10 00 050-'9000-450.33-30 WATER DEPARTMENT 00 025....7100--410. 33--30 PARKS DEPARTMENT 00 050-9000-450.33-30 WATER DEPARTMENT 00 050.._9000....450.33-30 WATER DEPARTMENT PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER Du . DA1 E CH KO L'HGCK DA I E I WE. LAST TRANS- 0000946 A--1 LOCK & KEY SERVICE 20076 03/15/1995 0000000 00/00/0000 N 0000924 ALL PURE CHEMICAL 03/15/1995 0000000 00/00/0000 0000931 AL'S KUBOTA TRACTOR L..AWNM 3669 03/1.5/1995 0000000 00/00/0000 N 22852 N 0000949 E.S...BABCOCK & SONS 19530 03/15/1995 0000000. 00/00/0000 N 0000949 E.S. BABCOCK h SONS 18016 03/15/1995 0000000 00/00/0000 N 00 050-9000-450.33-30 WATER DEPARTMENT 00 050-9000--450. 33-30 WATER DEPARTMENT 00 050--9000-450.33-30 WATER DEPARTMENT 00 05() WATER 00 019 WATER 9000-'450.33.-30 DEPARTMENT 9000-450.21-72 DEPARTMENT 00 01. 0--3:1.00- 43:1..34- 11 0000949 E.S. BABCOCK & SONS 51464 03/15/1995 0000000 00/00/0000 N 0000949 E.S. BABCOCK L. SONS 5.1.569 03/15/1995 0000000 00/00/0000 N 0000949 E.S. BABCOCK 1 SONS 19641 03/15/1995 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS 19131.4 03/1.5/1.995 0000000 00/00/0000 3� 0000218 CASTELLANO'S TOWING SERV. 20268 03/15/1995 0000000 00/00/0000 N 0000210 CASTEL.LANO'S TOWING SERV. 20282 03/15/1995 0000000 00/00/0000 N 00 065-0000-229.08-67 REIMBURSEMENT 00 065-0 000-229. 08.67 REIMBURSEMENT 00 065-0000-229.08-67 REIMBURSEMENT 00 06✓--0000--229.00-67 REIMBURSEMENT 0001806 PATTY HUNT STM'1' 03/15/1995 0000000 00/00/0000 N 0001807 WENDY F'OL_L.00K STMT 03/15/1995 0000000 00/00/0000 N 0001808 MARIE SCHMIDT STMT 03/15/1995 0000000 00/00/0000 N 0001009 PAMELA VEHAUN STMT 03/15/1995 0000000 00/00/0000 N 8.08 3,128.06 :30.00 70.00 172.00 34.00 50.00 30.00 107.50 35.00 1.7.55 6.64 17.55 .32.04 pRoGRAm: Gm:31.3U ACCOUNTS PAYABLE UPDATE LIST GRoUp Num. : 00240 ACCOUNTS PhyABLF 3/15/95 NtLruKI Nuntiu.m --AU( °OWING PERIOD: 09/1975 GROUP MEE: ANNE rkANS4 IRANS DATE VUUCHLk kI ACCOUNT NUMBER F'F<OJ P.O. VENDOR VENDOR NAME INVOICE NUMBER AMOUNT , DESCRIFITON J DESCRIPTION-2 uutDAIL IHELI L.HL1DAIL TYPE LAST TRANS 600 03/09/199U 003986 00 065-0000-229,00-67 0001E110 REXFERD E. FUNKE STMT ;0.79 NATER/11.ASH DEPOSIT REIMBURSEMENT 03/15/1995 0000000 00/00/0000 1700 03/09/1995 003907 00 065-0000-229.08-67 0001811 MARIA L. LUNA STM1 17.55 wATER/ipASH DEPOSIT REIMBURSEMENT 03/15/1995 0000000 00/00/0000 N 1000 03/09/1950.1, 003900 00 050-9000-450.30-90 0000251 COX & COX STMT 100.96 CiTy ATTORNEY LEGAL SERVICES 03/15/1995 0000000 00/00/0000 N . _ 1900 03/09/1995 003989 00 020-2200-419.30-90 0000251 COX & COX STMT 1,203.06 cIfy ATTORNEY LEGAL SERVICES 03/15/1995 _ 0000000 00/00/0000 N 2000 03/09/1995 003990 00 025-7250-410.30-90 0000251 COX & COX sTml 491.43 CITY ATTORNEY LEGAL SERVICES 03/15/1995 0000000 00/00/0000 N 2100 03/09/1995 003991 00 025-7251-410.30-90 0000251 COX & COX STMT. 491.43 CITY AT1oRNEY LEGAL SERVICES _ 03/15/1995 0000000 00/00/0000 N 2200 03/09/1995 003992 00 025-7252-410.30-90 0000251 COX & cox STMT 401..43 ciTy AlTORNEy LEGAL SERvIcES 03/15/1995 0000000 00/00/0000 N 2300 03/09/1995 003993 00 025-7254-410.30-90 0000251 COX & COX STMT 491.43 CITY ATTORNEY LEGAL. SERVICES 03/15/1995 0000000 00/00/0000 N 2400 03/09/1995 003994 00 025-7255-410.30-90 0000251 COX & COX STMT 491.43 _ CIO TY ATTRNEY LEGAL SERVICES 03/15/1995 0000000 00/00/0000 N 2500 03/09/1995 003995 00 025-7258-410.30-90 0000251 COX & COX STMT 491.43 CITY ATTORNEY LEGAL. SERVICES 03/15/1995 0000000 00/00/0000 N 2600 03/09:199 003996 00 025-7260-410.30-90 0000251 LOX & cox STMT 491.42 crly ATToRNEy LEGAL SERVICES 03/15/1995 0000000 00/00/0000 N 2700 03/09/1995 003997 00 043-B501-450.30-90 0000251 COX & COX STMT 220.00 (ITV ATIoRNEY LEGAL SERVICES 03/15/1995 0000000 00/00/0000 N 2800 03/09/1995 003990 00 010-1111-411.30-90 0000251 COX & COX Simi 2,002.52 CITY ATiORNEy LEGAL SERVICES 03/15/1995 0000000 00/00/0000 N 2900 03/09/1995 003999 00 025-7250-410.35-10 0000460 EASTERN MUNI.WATER DIST. STMT 5.54 UTILITIFS 03/15/1995 0000000 00/00/0000 N 3000 03/09/1995 004000 00 025-7257-410.35-10 0000460 EASTERN MUNI.WATER DIST. STMI 192.00 S 03/15/1995 0000000 00/00/0000 14 PROGRAM: 003130 ACCOUNTS PAYABLE UPDATE LIST KEruKI NUMbLK GROUP inUNDER --AccouNTIN0 pERI0Di GROUP USER ANNE 00240 ACCOUNTS PAYABLE 3/15/95 0971995 TRANS' FRANS DATE VOUCHER DV ACCOUNT NUMBER DESCRIPlION AESCRIPTIDN-2 3100 03/09/1995 004001 014LITY1'. 3200 03/09/1995 004002 UTILITIES .!i300 03/09/1995 004003 3400 03/09/1995 004004 SEWER PEE COLL.ECTIONS 3500 03/09/1995 004005 LEGAL ABVERTISINO 3600 03/09/1995 004006 COLD MD —PUBLIC WORKS 3700 03/09/1995 STRVICEI2, 004007 3800 03/09/1995 004000 AIRFARE -SENIOR HOUSING 3900 03/09/1995 004009 SLPARA11140-WAIER/TRASH 4000 03/09/1995 004010 SEPARATING-WATER/MASH 4100 03/09/1995 004011 ILBAL 51 VICES-C.F.B. :.: COUNT. AMOUNT: 00 025-7:54-410.35-10 00 025-7250-410.35-10 00 025-7250-410.35-10 00 065-0000-201.08-70 JANUARY 1995 00 010-1110-411.36-25 00 021-4150-410.33-30 00 020-2200-419.30-90 HOUSEL V CITY 00 010--2550-425.36-25 1SSUE 00 055-4170-450.30-90 BILLING . _ 00 050-9000-450.30-90 BILLING 00 046-0000-450.30-90 BANKRUPTCY RESEARCH GROUP TOTALS 41 47.006.28 03/15/1995 0000000 00/00/0000 0000460 EASTERN MUNI•WATER 03/15/1995 0000000 00/00/0000 0000566 HEMET NEWS 03/15/1995 0000000 00/00/0000 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE -DATE CHECK' CHECK DATE TYPE LAST TRANS- 0000460 EASTERN MUNI.WATER DIST. STni 03/15/1995 0000000 00/00/0000 0000460 EASTERN MUNI.WATER 03/15/1995 0000000 00/00/0000 DIST, STMTN 0000460 EASTERN MUNI.WATER DIST. SIMI H DIST. STMT N 0000612 INDUSTRIAL ASPHALT 03/15/1995 0000000 00/00/0000 0000709 MARKMAN,ARCZYNSKI 03/15/1995 0000000 00/00/0000 0001812 BONNIE STONE 03/15/1995 0000000 00/00/0000 0000350 VALLEY RESOURCE 03/15/1995 0000000 00/00/0000 STMI 532234 N REO N 517I',5178 N 0000350 VALLEY RESOURCE 5177,5170 03/15/1995 000000000/00/0000 7227 0001805 SULLIVAN. HILL, LEWIN, 03/15/1995 0000000 00/00/0000 N ET 451.00 AMOUNT 3.34 5.54 14'7.55 33,427.68 .13.30 226.51 0. 0() 3e.,9.00 .1.07.52 I. (17.53 6I 0 .36 PROGRAM: 0M:u31J ACCOUNTS PAYABLE_UPDATE LIST REPORT NUMBER ()ROOF NUM.. 00241 ACCOUMT'I3 F'AYAE4.-E ----AMOUNTING -ACCOUNTING PERIOD: 09/1995 GROUP U6EN ANNE TRANSO TRANS DALE VOUCHER ACCOUNT NUMBER -- DESCRIPTT.0N 3 DESCRIPTION-2 100 03/09/1995 004012 DRUG TEST ON AF<F<E STEE:H 200 03/09/1995 004013 MCIEIILEHI'ME PERMITS TO 400 03/09/1995 004014 L_ONC; I)ITANCE PHONE: 400 03/09/1995 00401.5 LONG DISTANCE F'I-IONF: 500 03/09/1995 004016 LUNG D]:'.:.TANCE: PHONE 600 03/09/1995 004017 LANDSCAPE: MAINTENANCE: :00 03/09/1995 00401.0 LANDSCAPE MAINTENANCE 000 03/09/1995 00401.9 LANDSCAPE MAINTENANCE: 900 03/09/1995 004020 LANDSCAPE MAINTENANCE 1000 03/09/1995 004021 LANDSCAPE MAINTENANCE 1.100 03/09/1995 004022 I...ANDSCAIE: MAINTE:NANCF 1200 03/09/1995 004023 LANDSCAPE MAINTENANCE 1.300 03/09/1.995 004024 L..ANDSCAI'lii MAINTENANCE 1.400 03/09/1995 004025 LANDSCAPE MAINTENANCE 1500 03/09/1995 004026 FIAI::KFLOU TEST:I:NN 00 01.0--3100--431 .30--90 POLICE DEPARTMENT 00 065-0000-310.08-73 OPERATE -VILLA DEL MONTE 00 010--31.00--431.35-16 SERVICES 00 010-4150-410.35-16 SERVICES 00 010--2500--425. 35 -16 SERVICES 00 025-7250-410.34-05 FEBRUARY 1995 00 0 5--72`,5:1 -4:L0. 34-05 FEBRUARY 1995 00 025-7252-410.34-05 FEBRUARY 1995 00 05....7253-410.34-05 FEBRUARY 1995 00 025-7254-410.34-05 FEBRUARY 1995 00 025-7255--410. 34--05 FEBRUARY 1995 00 025-7256-410.34-05 FEBRUARY 1995 00 O_ 5--72'5 7-4:L0. 34-05 FEBRUARY 1995 00 025-7250--410.34-0 5 FEBRUARY 1995 00 02 5--7256--4:1.0.30-..90 LANDSCAPE" IROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER LIU . DA I E UMtLMO UHtL:K DA I t I TI AST TRANS 0001182 STATE OF CALIFORNIA 972843 03/15/1995 0000000 00/00/0000 N 0001322 STATE OF CALIFORNIA LIEPAR STMT. 03/15/1995 0000000 00/00/0000 N 0001464 CALL AMERICA 03/15/1995 0000000 00/00/0000 0001464 CALL AMERICA 03/15/1995 0000000 00/00/0000 0001464 CALL AMERICA 03/15/1995 0000000 00/00/0000 STMT. N STMT. N STMT. N 7065 0000263 D & J LANDSCAPE 8. MAINTEN 10343 03/15/1995 0000000 00/00/0000 N 7065 0000263 D & J LANDSCAPE & MAINTEN 10343 03/15/1995 0000000 00/00/0000 r1 7065 0000263 D & J LANDSCAPE 8. MAINTEN 10:343 03/15/1995 0000000 00/00/0000 N 7065 0000263 D 6 J LANDSCAPE 6 MAINTEN 1034:3 03/15/1995 0000000 00/00/0000 N 7065 0000263 D & J LANDSCAPE 8. MAINTEN 10343 03/15/1995 0000000 00/00/0000 N 7065 0000263 D & J LANDSCAPE A MAINTEN 03/15/1995 0000000 00/00/0000 10:343 N 7065 0000263 D 8. J LANDSdAPE 8. MAINTEN 10343 03/15/1995 0000000 00/00/0000 N 7065 0000263 D 6 J L.ANIISCAF'E: & MAINTEN 10343 03/15/1995 0000000 00/00/0000 7065 0000263 D & J LANDSCAPE & MAINTEN 03/15/1995 0000000 00/00/0000 10343 1.1 0001789 DO BACKFLOW TESTING SERVI 12--I1 03/15/1995 0000000 00/00/0000 N AMOUNT .LCi0.00 4,377.5'0 1'72.75 .18.05 214.28 ?_47.00 300.00 777.00 210.00 112.00 .r7.00 2,268.00 .0.00 PROGRAM: 0M.3:1. 3I.I ACCOUNTS I ',TABLE UPDATE LIST REPORT NUMBER 22 01.001 NL)MHER 00241 ACCOUNTS F'AYABL_E --ANOINTING F'ERIOLF: 09/T99S (ROLIF' LIE;ER ANNE fkANS4 FRANS DATE VOUCHER DK ACCOUNT NUMBER -DESCRIF'TI:ON T DESCRIPTION-2 1600 I)3/09/1995 00402 / (IAL:KFLOl.I TESTING 1700 03/09/1995 00402U REPAIR ! EWER MANHOLE 1000 03/09/1995 00402.9 PI•OFES;i;.IIINAL SERVICES 1900 03/09/1.995 004030 PROFESSIONAL SERVICES 2000 03/09/1995 00403.1 PROFESSIONAL SERVICES 2100 03/09/1995 004032 PROFESSIONAL SERVICES 2200 03/09/1995 004033 PRI.IFESS LONAL SERVICES 2300 03/09/1995 004034 (ROFESSI:I:INAL SERVICES 2400 03/09/1995 004035 ('ROFE:SSIuNAI_ SERVICES 2500 03/09/1995 004036 PROFESSIONAL SERVICES 2600 03/09/1995 0040. i PROFESSIONAL SLRVICES 2700 03/09/1995 004038 PROFESSIONAL, SERVICES 2000 03/09/1995 004039 I:.NGINEEI LNG SERVICES 2900 03/09/1995 004040 I ANDSCAI'1= MAI:NCENAN(:C.-:: 3000 03/09/1995 00404:1. L.ANDSL::AI'1::: MAINTENANCE 00 07-725;:....410.30. 90 L_ANI SCAF E 00 055-•4170-450.34-05 00 0 13....7100--4:1.0. 40-01 PUBLIC WORK'.'; ADMIN. 00 021-4150-410.30-90 PIJDL_.I.0 WORKS ALIMIN. 00 0:1. i)....4100 - 4 :L 0 . 30-90 PUBLIC WORKS ADMIN. 00 025-7250-410.30-90 PUBLIC WORKS ALIMIN. 00 025•-7260-410.30--90 PUBLIC WORKS ADMIN. 00 050-9000-450.30-90 PUBLIC WORKS ADMIN. 00 05:1--4170-'450.30--90 PUBLIC WORKS ALIMIN. 00 043-8501-450.30-90 PUBI...IC WORKS ADMIN. 00 0 2'.7-- 7 2'31 - 41.0. 30--90 F'IJEL..:I:C WORKS ADMIN. 00 046-8800-450.30-90 PUBLIC WORKS ADMIN. 00 065 0000- 310.06-45 TRACT 25667 FINAL MAP 00 02;J-726-410.34-05 F ELRI.IARY 1995 00 02• • ... r 261 --410 .34-••05 I'EBRUAKY 1995 PROJ P.O. VENDOR VENDOR NAME DUt LIA I E INVOICE NUMBER ! LHtLK DA 1 E 17YE LAST TRAN13 0001789 DO PACKFL_OW TESTING SERV:L 03/15/1995 0000000 00/00/0000 0000460 EASTERN MUNI.WATER LIIST. 03/15/1995 0000000 00/00/0000 0000477 EVANS 6 ASSOCIAT'ES 03/15/1995 0000000 00/00/0000 0000477 EVANS & ASSOCIATES 03/15/1995 0000000 00/00/0000 0000477 EVANS 6 ASSOCIATES (>3/15/1995 0000000 00/00/0000 0000477 EVANS 6 ASSOCIATES 03/15/1995 0000000 00/00/0000 0000477 EVANS 6 ASSOCIATES 03/15/1995 0000000 00/00/0000 0000477 EVANS 6 ASSOCIATES 03/15/1995 0000000 00/00/0000 0000477 EVANS & ASSOCIATES 03/15/1995 0000000 00/00/0000 0000477 EVANS & ASSOCIATES 03/15/1995 0000000 00/00/0000 0000477 EVANS & ASSOCIATES 03/15/1995 0000000 00/00/0000 0000477 EVANS 6 ASSOCIATES 03/15/1995 0000000 00/00/0000 0000478 DAVID EVANS L, ASSOCIATES 03/15/1995 0000000 00/00/0000 7142 0001630 EXCEL LANDSCAPE 03/15/1995 0000000 00/00/0000 7142 0001630 EXCEL LANDSCAPE 03/15/1995 0000000 00/00/0000 1.2-D 8:L47 N S'TM1'. N STMT. N STMT. N STMT. N STMT. STMT. N STMI. f•! STMT. N S13.1 . STMT. N (::::;, 1X O:L:34 N 20251 N 20251. AMOUNT 5.00 2.1.6.72 JIS. 00 750.00 :2.7. i5.00 40.00 150.00 1.000.00 025.00 300.00 300.00 260.94 1,252.00 104.00 PROGRAM: : I'it.Ta. 3U ACCOUNTS F'AYAEL,IF..UPDATE LIST REPORT NUMBER ORI:)UP NUM. —ACCOUNTING FERIOD1 GROUP l.ltil'i.F< ANNE 00241 HCC:OUNTS PAYABLE 09/i995 " T RANS4 1 RAN5 DATE VOUCHER DK ACCOUNT NUMBER DESCRIPII:ON 1 DESSCRIPTION-2 3100 03/09/1995 004043 I..ANDSCAI IL. MAINTENANCE 3200 03/09/1995 004043 LANDSCAPE MAINTENANCE 3300 03/09/1995 004044 I:;L.Er3 LINE: FOR WAN 3400 03/09/1995 004(>45 PROFESSIONAL SERVICES 3500 03/09/1995 004046 ANNUAL SERVICE 3600 03/09/1995 004047 REPAIR UNIT 0102 3700 03/09/1995 004040 COMPAC:T:I IJN TESTING AND .3800 03/09/1995 004049 COMPRESSION TESTING :900 03/09/1995 001000 AS400 LEASE PAYMENT 4000 03/09/1995 004051. PROFESSIONAL. SERVICES .100 03/09/1995 004052 UNIFORM'.: FOR 5I .RGEAN 1 4200 03/09/1995 004053 OFFICER CURTISS/BODY •4300 03/09/1995 004054 I3I.1'.6INE:S:. LICENSE REFUND 4400 03/09/1995 004050 lF:MERGEN(.Y 11ANA(3E:ME:N1 1500 03/09/1990 004056 F'Alr)li_F< RENTAL. 00 0 '5- 726`_:._.410 •34--05 FEBRI.IARY 1995 00 025-7266-410.34-05 FEF.IF<IJARY 1995 00 010--3:3.00--431 . 34 -06 POLICE DEPARTMENT 00 010--2500-425.30-90 FINAL. USER FEE REPORT 00 010--2500--425. 30 .-90 PAYROLL SUPPORT 00 019-3100-431..33-50 POLICE DEPARTMENT F'RO,.I 00 043--8501--450.40--0.1. INSPECTION-SOBOBA :LMPV. 00 043-18501-450.40-01 LAKE PARK & SOBOBA RD. 00 01.0- 2500- 4 S.34--0Pii 00 021-4150--410.34-05 S.J. RIVER CROSSING 00 01.0--3100-431 . 2 1- 35 DACkl-.LINLI-POLICE DEPT. 00 010-3100-431.21-35 ARMOR -POLICE DEPARTMENT 00 01 0- 0000 30 I .01_ 60 P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE- 1JAIE LHELK9 LHELK UAIE 7YYE LAST TRANS-- 7142 0001630 EXCEL LANDSCAPE 207.1 03/15/1995 0000000 00/00/0000 N 7142 0001630 EXCEL LANDSCAPE 03/15/1995 0000000 00/00/0000 2025.1. N 0000526 GENERAL TELEPHONE CO. f3TMY 03/15/1995 0000000 00/00/0000 N 0000993 IIAVID M. GRIFFITH L. ASSOC 4 03/15/1995 0000000 00/00/0000 0001512 I -I . T . E 03/15/1995 0000000 00/00/0000 00 0 L<}-.3100-431..31-25 COURSE -POST REIMBURSABLE_ 00 055--4170-450.35-16 PLIL1...IC WORKS 03/15/1995 0000000 00/00/0000 03/15/1995 0000000 00/00/0000 0000618 LONG BEACH UNIFORM 03/15/1995 0000000 00/00/0000 N M1.3_.6:1. N 0001790 HEMET AUTO MALL COLLISION 5633 03/15/1995 0000000 00/00/0000 N 0000616 INLANII FOUNDATION 03/15/1995 0000000 00/00/0000 0000616 INLAND FOUNDATION 03/15/1995 0000000 00/00/0000 E:NG. IN S026-_034 ENG. IN S026--034 N 0001093 I.E.M. CORF-'ORATION• 03/15/1995 0000000 00/00/0000 0000650 KEITH CO. 03/15/1995 0000000 00/00/0000 5T4 1792301 1960 N 0000610 LONG BEACH LJNIF'ORM CO. 154 /90 N CO. 154059 1•! 0001791 NATIONAL ADVERTISING CO. REO IJ 0001792 OFFICE OF EMERGENCY SERVI RE17 03/15/1995 0000000 00/00/0000 N 0000795 PAGENET A453591 03/1.5/1995 0000000 00/00/0000 N 142.80 92.00 .I /13.69 3.794.5E 1..900.00 . -. 2,1.79.34 902.50 .1.48.00 14.48 402.00 n(•r.13? 443.88 0.00 700.00 42.00 PROGRAM: 603:1.3U ACCOUNTS PAYABLE UF•IIA'TE LIST REPORT NUMBER ',. GROUP NUMBER AC(.'OUNTINO PERIOD:. 13ROUP 1.Jt.ER ANNE 00241 ACCOUNTS PAYABLE 097199S .---- - TRANS* II ANS DATE VI:IIJCHI:R BK ACCOUNT NUMBER PROJ F.O. VENDOR VENDOR NAME INV0II7G: NUMBER IIE£SCRIF•I..TON 1 DESCRIPTION 2 4600 03/09/1995 004057 REPAIR I FiANSM:LS $I.ON LEAK 4700 03/09/1995 004058 CONSULTING SERVICES 4800 03/09/1990 004059 BASIC DISPATCHER COURSE 4900 03/09/1995 004060 :SURVIVAL.. SHOOTING COURSE 5000 03/09/1990 004061 RENTAL uF MOBILE OFFICE 5100 03/09/1995 004062 RENTAL OF MOBILE OFFICE 5200 03/09/1995 004063 (i1JI F'L:CEb- ADMINIS FRA'TION 5300 03/09/1995 004064 I.ITILITII:E:F.T 5400 03/09/1990 004065 I11 II...IT" I:F.T 5500 03/09/1995 004066 IITILITIES 5600 03/09/1995 004067 OTIL.ITILS 5700 03/09/1995 004068 I FTILI'FIF 5800 03/09/:1.995 UTILIT [1, :; 004069 5900 03/09/1995 004070 OT'ILIT71 9 6000 03/09/1995 00407.1. lF1' LLITIE 3 00 01.9--4150--410.33-..50 UNIT 1.1:19 00 096-9700-470.30-•90 GOMM/INDUSTRIAL. OUTREACH 00 010--3100-431.31-25 POST REIMBURSABLE 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-3100--431..34-05 POLICE DEF•ARTMENT DUE DA I E CHECK LHI_CR -IIATE TYPE LAST TRANS 0000836 QUALITY TRANSMISSI(:)NS 03/15/1995 0000000 00/00/0000 01.7 N 7087 0000840 RGB COMMERCIAL DEVELOPMEN STMT 03/15/1995 0000000 00/00/0000 0001514 JENNIFER ROYSTER 03/15/1995 0000000 00/00/0000 N IREG 0001793 SANT11 ROSA JUNIOR COLLEGE RED 03/15/1995 0000000 00/00/0000 N 0000922 SCOTSMAN MANUFACTURING CO SMI:'000805640295 03/15/1995 0000000 00/00/0000 00 010-3100-431.34-05 POLICE DEPARTMENT 00 010•-2500•..429.21-1.0 N 0000922 SCOTSMAN MANUFACTURING CO CPXO15740295 03/15/1995 0000000 00/00/0000 N 0000440 SMART & FINAL 03/15/1995 0000000 00/00/0(>00 00 010-2500-425.35-14 00 01.0--3100-431.35-14 00 010-3200-43:1.35-14 00 0 L ...-4150-4:L0.35--14 00 010-6100-425.35-14 00 010....7400-425.35-14 00 025-7100-410.35-14 00 025- 72'50--410.3E--14 0000447 SO. IFA EDISON CO. 03/15/1995 000000 00/00/8000 51 3.1632 N STMT. N 0000447 SO. CALIFORNIA EDISON CO. STMT. 03/15/1995 0000000 00/00/0000 (J 0000447 90. CALIFORNIA EDISON CO. STMT. 03/15/1995 0000000 00/00/0000 N 0000447 SO. CALIFORNIA EIIISON CO. STMT 03/15/1995 0000000 00/00/0000 0000447 SO. CALIF iA EDISON CO. STMT. 00/00 00 03/15/1995 0000006 0000447 SO. CALIFORNIA EDISON CO. :STMT. 03/15/1995 0000000 00/00/0000 0000447 SO. CALIFORNIA EDISON CO. STMT. 03/15/1995 0000000 00/00/0000 N 0000447 SO. CALIFORNIA EDISON CO. STM1. 03/15/1995 0000000 00/00/0000 FI AMOUNT 155.5i 2,198.24 1.740.00 60.00 74.96 823.71 419.16 896.64 512. 713 57.79 527.16 591.40 .16:3.3`"'.5` PROGRAM: I;M 3J..3U GROUP NLIM. 005141 ACCOUNTS PAYABLE -ACCOUNTING PERIOD: 09/1995 - — GROUF' USER ANNE TRANS* TRANS BATE VOUCHER Pf. ACCOUNT NUMBER OESCRIF'T CON 1 DESCRIPTION-7 6100 03/09/1995 IJT I L..ITII: i.. 6200 03/09/1995 UTILITIES 6300 03/09/1995 UT1L.I1'11' l'. 6400 03/09/1995 UTILITIES S 6500 03/09/:1995 UTILITIES 6600 03/09/1995 IJTILITIE8 6700 03/09/1995 r$00 03/09/1995 UTJ:LITII: `t .:.900 03/09/1995 UT II...TT:I.I.'. /000 0:3/09/:1.995 I.1T IL.ITIL'.'. 004072 00 0 3-- 7254-410.:35-_14 004073 00 025-7256-410.35-14 004074 00 0 3 7 2Fri5•-4 10, :35 -14 004075 00 025-- r260-41.0.35--14 004076 00 025.. 7260•-•41.0. 35 -':1.4 004077 00 025-7260-410.35-14 004078 00 025-726`.....410. 35....:L 4 004079 00 055-4170-450.35.14 004080 00 050-9000-450.35-14 004081 00 010 2500.425.35-12 .100 0.3/0Y/ 19`i5 004002 00 01.' 3:1.00-. 431..3:`ii--.1.2 UT:I: I...IT:I:L.f, 7200 03/09/1995 004053 00 010-4150-410.35-12 IJT IL_ITJ1 /300 03/09/.1.995 UTI1._:I:T71 004084 00 010.... 610 0 - 4 25 ..35 -1. 2 7400 03/09/1995 004005 00 010--7400-425.35-12 IJT:C.LITIES 7500 03/09/1995 004006 00 019.-.45 10-410.33....30 AUTO FARTS ACCOUNTS PAYABLE UPDATE LIST PROJ P.O. VENDOR VENDOR NAME UUt LAlt LHICK9 L.HELK UAIt TYPE LAST TRANS -- INVOICE NUMBER 0000447 SO. CALIFORNIA EDISON CO. STMT. 03/15/1995 0000000 00/00/0000 N 0000447 SO. CALIFORNIA EDISON CO. STMT. 03/15/1995 0000000 00/00/0000 N 0000447 SO. CALIFORNIA EDISON CO. STMI. 03/15/1995 0000000 00/00/0000 0000447 SO. CALIFORNIA EDISON 03/15/1995 0000000 00/00/0000 N CO. STMT'. N 0000447 SO. CALIFORNIA EDISON CO. STM1. 03/15/1995 0000000 00/00/0000 I•J 0000447 SO. CALIFORNIA EDISON CO. STMT. 03/15/1995 0000000 00/00/0000 N 0000447 SO. CALIFORNIA EDISON CO. SIM I . 03/15/1995 0000000 00/00/0000 Id 0000447 SO. CALIFORNIA EDISON CO. STMI. 03/15/1995 0000000 00/00/0000 N 0000447 SO. CALIFORNIA EDISON CO. STMT. 03/15/1995 0000000 00/00/0000 N 0000436 SO. CALIFORNIA GAS CO. STM1. 03/15/1995 0000000 00/00/0000 0000436 SO. CALIFORNIA GAS CO. 03/15/1995 0000000 00/00/0000 N S'1(II ICI 0000436 SO. CALIFORNIA GAS CO. STMT. 03/15/1995 0000000 00/00/0000 N 0000436 SO. CALIFORNIA GAS CO. STMT. 03/15/1.995 0000000 00/00/0000 IT 0000436 SO. CALIFORNIA GAS CO. STMT. 03/15/1995 0000000 00/00/0000 N 0000425 STEVE'S AUTO FARTS 03/15/1995 0000000 00/00/0000 STMT. Ivy AMOUNT' - 888.39 42.03 1,1.90.22 4 ,'4. 1.3 253.18 15.95 33.19 14,223.35 2.1.2.31 <69.75 74.99 :I.J0.93 17'2.31 284.67 VUMUHAM: UM616U AUUUUNIb VATAtiLL UVLIRIE Llbl RLPoRi NumBEN GROUP NUMBER ; 00241 ACCOUNTS PAYABLE --At.COUNTIN6 PERIOD* 09/1995 GROUP USER ANNE 1RANS4 1FANS DATE VOUCHER DK ACCOUN1 NUMBER DESCRIPI1ON 1 DESCRIPTION 2 7600 03/09/1995 00406/ 00 019-9000-450.33-50 AUTO PAETS 7700 03/09/1995 0040011 00 021-4150-410.34-05 AUTO PANTS 7600 03/09/1995 004009 MJITION REIMBURSEMENT 7900 03/09/1995 004090 WARREN POAD 00 010 -3100-4Z1.11-10 00 022-4150-410.40-01 REHABILITATION PROJECT 6000 03/09/1995 004091 00 010-5210-431.30-91 0EHICLE ADATEMEM 8100 03/09/199ti 004092 00 010-3210-431.30-91 VEHICLE ABATEMENT 6200 03/09/199n 004093 00 0J.0-3210-431.30-91. vEHICLE ABATEMENT COUNT: AMOUNT. GROUP TOTALS 02 15,027.12 PROJ 03/15/1995 0000000 00/00/0000 P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CRECKWCHEER-DATE TYPE LAST TRANS- 0000425 STEVE'S AUTO PARTS 03/15/1995 0000000 00/00/0000 0000425 STEVE'S AUTO PARTS 03/15/1995 0000000 00/00/0000 0000426 GLENN STOTZ 03/15/1995 0000000 00/00/0000 7294 0000368 JAMES W. UNLAND 03/15/1995 0000000 00/00/0000 STM1. STMT. N REG N ASSOC. 1.4406 0000357 VALLEY AUTO SALVAGE, INC. 54239 '1 0000357 VALLEY AUTO SALVAGE, INC. 54626 03/15/1995 0000000 00/00/0000 0000357 VALLEY AUTO SALVAGE, 03/15/1995 0000000 00/00/0000 N INC. 546:11 N AMOUNT 3.46 156.90 10,416.00 35.00 25.00 i5.00 FROORAM: tr-1.31.1 ORUl.1F' NUML 00244 F'REF'AIDS 3/15/95 CCOUNTING PERIOIII 097I995 GROUP USER ANNE 'TRANS: TRANS DATE VOUCHER DK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION-2 100 03/13/1995 004094 00 095- 0000--202.2 . 30 NET F'AYF:OLI._ 200 03/13/1995 004095 00 095-0000-202.21-29 DEFERRED COMP DEDUCTIONS 300 03/13/1995 004096 00 005-0000-202.21-29 DEFERRED COMP DEIIUI:: L IONS 400 03/13/1995 004097 00 085-•0000-202.21--41 CREDIT UNION DEDUCTIONS 500 03/13/1995 004090 00 0i4' 1 .100-41.4.34-05 ACCOUNTING TECHNICIAN 600 03/13/1995 004099 00 (785--0000-202.21-39 HEALTH I.NSIJRANCE PREMIUM 700 03/13/1995 004100 00 015--0000-•202.21-35 VISION LAKE INSURANCE 800 03/13/1995 004101 00 085,--0000-202.21-46 LIFE IN',IJRANCE PREMIUM 900 03/13/1.995 004102 00 065--0000-20.1..00--64 :(3ORA--VRYHEI iI 1000 03/13/1.995 004103 00 085--0000-.202.21-39 HEALTH INSURANCE: PREMIUM 11.00 03/1.3/1995 004101 00 HE:AL.11-I INSURANCE PREMIUM 1200 03/13/1995 004105 00 RENOVATION --MISTLETOE PARK 095 - 0000--202 . 21._.-' 028-7100-410.40-•01 1.300 03/13/1995 004106 00 010--310E--43.1..3:1.-20 1RAININIJ REIMBURSEMENT FIRE DEPARTMENT 1400 03/13/:1.99; PERS RETIREMENT 1500 03/13/:1.995 PERS RETIREMENT 0041.0 / 00 085-0000-.202.21-20 CONTRIBL!TIONS 004100 00 085-0000--202 . 21--2(3 CONTRIBUTIONS ACCOUNTS PAYABL=-,�.iWDATE LIST REPORT NOtipER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE. LIATt CHEC TPE LAST TRANb 0000235 CITY OF SAN JACINTO REU 00/00/0000 0039867 03/02/1995 N 0000607 ICMA RETIREMENT TRUST STMT 00/00/0000 0039868 03/03/1995 N 0000691 LINCOLN NATIONAL STMT 00/00/0000 0039069 03/03/1995 N 0000869 RIVERSIDE CO. EMPLOYEES STMT 00/00/0000 0039870 03/03/1995 N 0001068 RAY DOUZA REO 00/00/0000 0039871 03/03/1995 N 0000149 HEALTH NET STMT 00/00/0000 0039872 03/06/1995 N 0000472 EYE CARE OF AMERICA STMT 00/00/0000 0039873 03/06/1995 N 0000419 STANDARD INS. COMPANY STMT 00/00/0000 0039874 03/07/1995 N 0000969 AETNA HEALTH F'I...ANS OF SThi'T 00/00/0000 0039875 03/07/1995 N 0000969 AETNA HEALTH PLANS OF STMF 00/00/0000 0039875 03/07/1995 N 0000995 AFLAC SIM1 00/00/0000 0039876 03/06/1995 F I 0001803 MAHR CONSTRUCTION 01 00/00/0000 0039877 03/08/1995 IJ 0001604 DRENT CARTER RFC) 00/00/0000 0039878 03/08/1995 IJ 0000830 PERS REO 00/00/0000 0039879 03/06/1995 N 0000830 PERS REO 00/00/0000 0039880 03/06/1995 h! AMOUNT 06.634.95 OEM .39 :1..243.54 4,331.27 6.30.00 16,601.57 600.25 5,E376.01 3,516.2B 28,581.00 (30 15,064.53 10,545.67 rII UHAMI 1iM6161J ALLUUNIb FAYAULt UFLIAIL L.151 KLVUHI NUMBEH oRnup NumBER : 00244 PREPAIDG :3/15/95 --ACCOURTINO Opi 09/1995- OROUP USER ANNE TRANSt TRANS DAM VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOrCE NUMBER br.:ICRIrItON 1 bESCRIPTION72 1600 03/j3/1995 004109 00 050-9000-40.21-10 PUS:AGE 1111:111'' BILLTNC. L700 03/15/1995 004213 00 065-0000-201.08-69 REFUSE 1 OLJ_ECI IONS JANUARY 194'5 COUNT; AMOUNT: DROOP TOTALS 17 296.623.09 DUE DATE CHECRf--CHECE71IATE7 TYPE LAST TRANS- 0000369 U.S. POSTMASTER RED 00/00/0000 0039661 03/10/1995 N 0000770 O.K. ASSOC. INC. RED 00/00/0000 0039882 03/15/1995 AMOUNT 1,000.00 116,391.64 PROGRAM: DIN.6-311 ACCOUNTS PAYABLE,-OPDATE LIST REPORT NUMBER GROUP NUMB..... : 00245 ACCOUNTS PAYABLE ACcoUNMENO PER/Int 09)11795 GROUP USER ANNE TRANS. FRANS DACE VOUCHER BI'. ACCOUNT NUMBER PROJ nEscRIPTION-I 100 03/13/1995 004110 DOG FOOD-P.D. K-Y 200 03/13/1995 004111 TEAMBUILDING WORKSHOP 300 03/13/A995 004112 DUSINESS CARDS 400 03/13/1995 004113 JANITORIAL SERVICES 500 03/13/1995 004114 TEAMBUILDING WORKSHOP 600 03/13/1995 00411.5 LANDSCAPE MAINTENANCE /00 03/13/1995 004116 LAD 'NM-Si/DATION 900 03/13/1995 004117 REIMBURSE PARKING 900 03/13/1995 004119 INTEGRI1Y FACILIATOR :1.000 03/13/1995 004119 SURVIVAL. SKILLS 1.100 03/13/1995 004:1.20 EDGER & LAWNMOWER REPAIP 1200 03/13/1995 0041.21 SUSPECT -DRUG ANALYSIS 1300 03/13/1995 004122 CITY VEHICLE. WASHES :1.400 03/13/1995 004123 CITY VEHICLE WASHES IIELRIPT.LUN 2 00 010-3100-431.21-13 00 010-3100-431.31-25 POST REIMB./P.D. 00 010-1700-417.21-10 PLANNING DEPARTMENT 00 010-7400-425.34-05 COMMUNITY CENTER -MARCH 95 00 010-3100-431.31-25 POST REIMB./P.D. F.O. VENDOR VENDOR NAME INVOICE NUMBER DUE UAIE LHELIVIP LHELK DAiE 1 F LAST TRAN 0001099 AVL ANIMAL HOSPITAL 03/15/1995 0000000 00/00/0000 0001798 THOMAS ANDERSON 03/15/1995 0000000 00/00/0000 0000952 ARROW PRINTING 03/15/1995 0000000 00/00/0000 0000935 LOUIS ARROYO 03/15/1995 0000000 00/00/0000 0000953 BARRY BACKLUND 03/15/1995 0000000 00/00/0000 00 025-7256-410.30-90 PARK/LLMD ADMINISTRATION 00 010-3100-431.31-25 POST REIMBURSABLE 00 010-0000-304.03-35 CITATION 00 010-3100-431.31-25 COURSE -POST REIMBURSABLE 00 010-3100-431.31-25 POST REIMBURSABLE 00 025-7100-410.34-50 00 010-3100-431.30-90 POLICE DEPARTMENT 00 0/9-3100-431.33-50 00 019-1200-412.33-50 1500 03/13/1995 0041.24 00 010-3100-431.31-25 lEAMBUILDING WORKSHOP POST REIMB./P.D. 7336 0000925 TODD BAGLEY LANDSCAPE 03/15/1995 0000000 00/00/0000 0001038 HOWARD BALLARD 03/15/1995 0000000 00/00/0000 0001113 CITY OF BANNING POLICE 03/15/1995 0000000 00/00/0000 0001799 RAY BIRGE 03/15/1995 0000000 00/00/0000 0001799 RAY BIRGE 03/15/1995 0000000 00/00/0000 0000926 BIRMINGHAM'S 03/15/1995 0000000 00/00/0000 0001182 STATE OF CALIFORNIA 03/15/1995 0000000 00/00/0000 0000216 CAR WASH DEPOT 03/15/1995 0000000 00/00/0000 0000216 CAR WASH DEPOT 03/15/1995 0000000 00/00/0000 0001339 DEBRA CASKEY 03/15/1995 0000000 00/00/0000 STMf N REG N 35125 N STMT N REO 95-009 N N REP DE REU N REO REA) N STMI N 972/94 N 11 N REO N AMOUNT 42.20 3,215.00 104.52 625.00 2j6.00 2.167.00 360.00 45.00 306.00 1.!5.00 540.00 50.00 3.50 276.00 PROGRAM: IrM31:31 I AC:I:OLINTS PAYABLE UPDATE LIST REPORT NUMBER I )lIit.JI NUMBER : 00245 ACCOUNTS PAYABLE -AitC(JURTING PEFFSI tU 09/191'S I:IROUP USER ANNE TRANSDL', FRANS DATE VOUCHER 1I( ACCOUNT NUMBER F'ROJ F.O. VENDOR VENDOR NAME DE:SCRTF'T IOR ! .SCRIFTION 1600 03/J3/.1.995 00417"S 00 096-'=700-470.31--1.5 Art..EAGE.. I<EIMnul•<'. E.ME:NT 1700 (>3/13/1.995 004126 VEDC L.IJI•!CI-IE.ON 1.000 03/1.3/1995 004127 (N'IENNA REPAIR 1900 03/13/1995 004128 REPAIR MICROPHONE 2000 03/13/1995 004129 TIRE PIJI•CHASE & REPAIRS 2100 03/13/1.995 0041.30 'IRE FLIh:CHASE i REPAIRS 2200 03/13/1995 004.1 3:1 I AWNM0JI I< TIRES 2300 03/13/1995 0041.3' TE:AMBIJII. C1:ENG WORKSHOP 2400 03/13/1.995 004133 PHONE SERVICES 2500 (>3/13/1995 004134 SMAl...l.. CLAIMS 2600 03/13/1995 004135 REPAIRS 1'O ANIMAL_ CONTROL. 2700 03/13/1995 0041.36 1994--95 PROPERTY TAX 21:100 03/13/1995 004:1 .' REPAIR IIF P.D. UNIT 013:L 2900 03/13/1995 0041311 REPAIR POL.:ECE. DEPARTMENT 3000 03/13/1995 004139 IIAL. ANCE LIIJE (7N INVOICE 00 096-9700-4 7 0 .:31-20 r,EIM MJRSF_.MENT 00 010....:3:100•-4:31. 3.3-:I.:I. P(JI...ICE DEPARTMENT 00 010-3100-431.33-11 POLICE DEPARTMENT OO 0:1.9-3:L00-431.21-..74 POLICE DEPARTMENT 00 019-3200--431.33-50 FIRE DEPARTMENT 00 019-..7100-"410.33--50 PARKS LtEPARTMENT 00 01.0--3100- 431 .31-25 POST REIMRIJRSADLE 00 01 V.-.2500-..425. 35.- .1.6 00 050-9000-450.37-05 WATER DEPARTMENT 00 01'? _3.1.00--- 31.. 21 - /4 VEHICLE 00 010-2500-425.30-90 REPORTS 00 0.19, 3100- 43:1..2:1.- 74 00 01.0-'31C)0 431.33--10 (SATE 00 021-.41::;0.-.41.0 . 40--0:1. INVO:I:I::E: NUMBER DUE DATE CHELK4 L HELK DA I G 1 YFG CAST TMA'18 0001371 CANDACE CASSEL 03/15/1995 0000000 00/00/0000 0001371 CANDACE CASSEL 03/15/1995 0000000 00/00/0000 0000230 COM SER CO. 03/15/1995 0000000 00/00/0000 0000238 COM SER CO. 03/15/1995 0000000 00/00/0000 0000483 EVANS TIRE CO. 03/15/1995 0000000 00/00/0000 0000483 EVANS TIRE CO. 03/15/1995 0000000 00/00/0000 0000483 EVANS TIRE CO. 03/15/1995 0000000 00/00/0000 0001100 KEVIN FITZPATRICK 03/15/1995 0000000 00/00/0000 0000526 GENERAL TELEPHONE CO. 03/15/1995 0000000 00/00/0000. 0001801 O.T.E. 03/15/1995 0000000 00/00/0000 0001684 GOSCH FORD 03/15/1995 0000000 00/00/0000 7345 0000942 HLIL COREN & CONE 03/15/1995 0000000 00/00/0000 REG L•! RED N 0:1 .. 004'1.26 N 01.-004543 N STM1 N STMT 1'! '. iTTI I L•I REO N REO N REO IJ P' oc: J:1.00480 N 39590 N 0001790 HEMET AUTO MALL COI...LI£i:C('IN 562(> 03/15/1995 0000000 00/00/0000 0000560 HEMET FENCE CO. 03/15/1995 0000000 00/00/0000 0000571 HEMET RELII MIX :110:1.7 03/15/1995 0000000 00/00/0000 N 13701 N 1.1.0:1.7 td AMOUNT 56.16 6.33 3.45 228.94 1.,234."74 59.95 I17.99 276.00 ?.'18 1,227.91 6.211 5,400.00 1 , 311+1 . 43 :I.10.10 3 .:L0 - PROGRAM: 8M413U GROUP NUm. ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 22 00245 ACCOUNTS PAYABLE ALCOUNTINO-PERIOOT 09/1995 GROUP USER ANNE TRANS- TRANS DA1E VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME DESCRIP ION -I DE. LRIPTION-2 INVOICE NUMBER UUL uAit. UHz.L,I L.HE.5.45. Loft IE. tyre. LAbI TRANS AMOUNT- 3100 03/13/1995 004140 00 010-3100-431.31-25 0001073 RANDY HICKS REU 276.00 TRAUMA STRESS COURSE POST REIMBURSABLE 03/15/1995 0000000 00/00/0000 N 3200 03/13/1995 004141 00 010-3100-431.31-25 0001073 RANDY HICKS REQ 24.00 SURVIVAL SKILLS POST REIMBURSABLE 03/15/1995 0000000 00/00/0000 N 3300 03/13/1995 004142 00 010-3100-431.31-25 0001073 RANDY HICKS REO 276.00 lEAMBUILDING WORKSHOP POST REIMD./ND. 03/15/1995 0000000 00/00/0000 N 3400 03/13/1995 004143 00 010-3100-431.31-25 0000593 NAT HOLMES REO 276.00 TEAMBUILDINS WORKSHOP POST REIMB./P.D. 03/15/1995 0000000 00/00/0000 N 3500 03/13/4990 004144 00 019-3100-431.21-74 0000597 QUALITY AUTO FARTS STMT 361.81 AUTO PARTS 03/15/1995 0000000 00/00/0000 3600 03/13/1995 004145 00 019-3200-431.33-50 0000597 QUALITY AUTO FARTS STMT 51.22 AUTO PARTS 03/15/1995 0000000 00/00/0000 3700 03/13/1995 004146 00 019-4150-410.33-50 0000597 QUALITY AUTO FARTS STMT 192.41 AUTO PARTS 03/15/1995 0000000 00/00/0000 N A800 03/13/1995 004147 00 019-4550-410.33-30 0000597 QUALITY AUTO PARTS STMT 199.25 AUTO PARTS 03/15/1995 0000000 00/00/0000 N 3900 03/13/1995 004140 00 019-7100-410.33-50 0000597 QUALITY AUTO PARTS STMT 14.57 AUTO PAF:TS 03/15/1995 0000000 00/00/0000 N 4000 03/13/1995 004149 00 019-9000-450.33-50 0000597 QUALITY AUTO PARTS STMT 63.81 AUTO PARTS 03/15/1995 0000000 00/00/0000 N 4100 03/13/1995 004150 00 050-9000-450.34-50 0000597 QUALITY AUTO PARTS STMT 2.47 WHEEL BARROW TIRE SEAL 03/15/1995 0000000 00/00/0000 N 4200 03/13/1995 004151 00 096-9700-470.31-20 0001404 TIMOTHY HULTS REO 15.25 VEDC LIMO -EON REIMBURSEMENT 03/15/1995 0000000 00/00/0000 N 4300 03/13/1995 004152 00 010-3100-431.33-10 0000620 INTERCITY SECURITY SYSTEM 1260 295.00 REPLACE SECURITY SYSTEM CAMERA -POLICE DEPARTMENT 03/15/1995 0000000 00/00/0000 N 4400 03/13/1995 004153 00 010-3100-431.21-85 0001721 KINDERPRINT COMPANY 6903A 14.35 EVIDENCE SUPPLIES POLJCE DEPARTMENT 03/15/1995 0000000 00/00/0000 N 4500 03/13/1990 004154 00 010-3100-431.21-05 0001721 KINDERPRINT COMPANY 69038 30.98 EVIDENCE SUPPLIES POLICE DEPARTMENT 03/15/1995 0000000 00/00/0000 N PROGRAM: 0M31311 ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 22 GROUP NUMBER oil:Goa-HYING PERIODS GROUP USER ANNE 00245 ACCOUNTS PAYABLE 09/1995 TRANS4, MANS DATE VOUCHER BK ACCOUNF NUMBER - VESCRMION-I DESCRIPTTON-Z 4600 03/13/1995 004Pf,5 00 010-7400-431.35-1/ LIIIILAP PHONE SERVICES POLICE DEPARTMENT 4700 03/13/1995 004156 00 010-3100-431.21-85 VILA DEVELOPING POLICE DEPARTMENT 4000 03/13/1995 004157 00 010-3100-431.31-25 LAREER LAHICS/INFEGRITY POST REIMBURSABLE 4900 03/13/1995 004150 00 010-3100-431.31-25 1EA11BUI1 DING WORKSHOP POST REIMBURSABLE 5000 03/13/1995 004159 00 020-2200-419.30-90 5TEVEN HILLER V CITY 5100 03/13/1995 004160 00 010-3100-431.31-25 1RAUMA hFRESS COURSE POST REIMBURSABLE 5200 03/13/1995 MAI CLEHNING 5300 03/13/1995 MAT CLEANING 5400 HNIFORM 03/13/1995 CLEANING 5500 03/13/1995 UNIFORM CLEANING 5600 03/13/1995 U NIFORM CLEANING 0041161 00 010-2500-42.33-10 004162 00 010-3200-431.33-10 001163 00 0041.64 00 004.16 00 5700 03/13/1995 004166 00 MAT CLEANING 5000 03/13/1995 00416/ 00 UNIFORM CLEANING 5900 03/13/1995 004160 00 U NIFORM CLEANING 010-4150-410.21-35 019-4550-410.21-35 010-4100-410.21-35 010-7400-425.33-10 055-4170-450.21-35 010-4150-410.21-35 6000 03/13/1995 004169 00 050-9000-450.21-35 UNIFORM CLEANING PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE. CHECK O CHECK DATE l YPE LAST TRAV3--- 0000674 LA CELLULAR TELEPHONE 03/15/1995 0000000 00/00/0000 0000696 LONGS DRUG STORE 03/15/1995 0000000 00/00/0000 0000697 DENNIS LOVE 03/15/1995 0000000 00/00/0000 0000697 DENNIS LOVE 03/15/1995 0000000 00/00/0000 0001802 JOE MC MILLEN 03/15/1995 0000000 00/00/0000 0001098 NATHAN MILLER 03/15/1995 000000000/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 0000732 MISS/ON UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 SIMI N 073-91311 REO N REO N SN TMT REO STMI N STMI N srmr N STMT N SIMI N STMT N SIM14 STMT N STMT 14 AMOUNI 91.35 24.00 276.00 1.6.13.00 276.00 A1.66 30.54 1 2 176.36 33.33 21.10 ?.6.62 95.94 150.52 1'IiO(SRAMT iiO3-131J ACCOUNTS PAYABLE UPDATE LIST RI.F'OF(T NUMBER GROUP NUM. 1 00245 ACCOUNTS PAYABLE --ACCOLJNTINO PERIOD: 097T9V5 GROUP USER ANNL'. IRANSO I RANS DATE VOUCHER BK ACCOUNT. F NUMBER DESCRIPTION 1 DESCRIPTION-2 .:,1.00 03/13/.1.995 0041r0 00 010-3100--43.1..33-10 MAT CLEANING 6200 03/13/1995 004171. MAT CLE:ANINO 6300 03/13/1995 004172 UNIFORM (::L..I:::ANI:FJO 6400 0.3/13/1995 004173 UNIFORM CLEANING '.500 03/13/1995 004174 UNIFORM PURCHASE 6600 03/13/1995 004175 ESPLANADE AVE. WATERLINE 6700 03/ 13/ 1995 004176 JANITORIAL_ SUPPLIES 6800 03/13/1995 004:177 JANITORIAL SUPPLIES 6900 03/13/1995 004170 JANITORIAL. SLIPPL..TES 7000 03/1.3/1995 004179 SOLVING POLICE PERSONNEL 7100 03/13/1995 004100 ALARM SERVICE:., /200 03/13/1995 004181 PAGER RENTAL 7300 03/13/1995 004182 PAGER RI:::NTAI. 7400 03/13/1995 004103 PLUMBING SUPPLIES 7500 03/13/1995 004104 PLUMBING SUPPLIES 00 010.1700.417.33--1.0 00 010-3300--431..2.1. 3'' 00 010-3210-431.21-35 00 065--0000- 201 .08--64 CAL.VIN HELM 00 096-9700-470.40-01 AND STREET WIDENING 00 010--320<>--43.1..33--30 FIRE DEPARTMENT 00 025--7100--41.0.21- 10 PARKS DEPARTMENT 00 025--7.100--410.21-'10 PARKS ', DEPARTMENT 00 010-3100--431..31-25 POST REIMBURSABLE 00 010....2500--42 5. 33--:I.0 00 010-3100-431.35-16 POLICE DEPARTMENT 00 010 _3200- 431 .34-05 FIRE DEPARTMENT 00 050--9000- 450.33--30 WATER DEPARTMENT 00 0 5 -7100--4:L0.33--30 PARKS DEPARTMENT 03/15/1995 0000000 00/00/0000 0000807 LARRY FIERCE PLUMBING 03/15/1995 0000000 00/00/0000 03/15/1995 0000000 00/00/0000 03/15/1995 0000000 00/00/0000 03/15/1995 0000000 00/00/0000 0001049 F'MW ASSOCIATES 03/15/1995 0000000 00/00/0000 03/15/1995 0000000 00/00/0000 7338 0001357 NOTTSON CONSTRUCTION 03/15/1995 0000000 00/00/0000 0000700 OVERNIGI-IT INCIUSTRIAL 03/15/1995 0000000 00/00/0000 0000780 OVERNIGHT INDUSTRIAL 03/15/1995 0000000 00/00/0000 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 I"ROJ P.O. VENDOR VENIIOR NAME DA1t INVOICE NUMBER L)itLK9 LHtLR Fffi 1 t 1 YF't LAST TRANS 0000732 MISSION UNIFORM SERVICES SIN T 03/15/1995 0000000 00/00/0000 0000732 MISSION UNIFORM SERVICES 03/15/1995 0000000 00/00/0000 14 STMT N 0000732 MISSION UNIFORM SERVICES STMI N STMT N 0000732 MISSION UNIFORM SERVICES STMI N 1 N 0704 N 8693 N 0000700 OVERNIGHT INDUSTF<IAL. 8693--1 N REO N 0000963 PACIFIC ALARM SVC. STMI N 0000795 F'AGENET A453592 N 0000795 F'AGENET A45. T590 N STMT N 0000807 LARRY PIERCE PLUMBING STMT 03/15/1995 0000000 00/00/0000 N AMOUNT' 47.40 12.33 .33.33 39.83 32.27 43 .:ti: 1 .00 246.62 51 70 251.00 92.00 133.50 141.00 769.13 25.05 PROGRAM: GM3131.1 ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 22 taR0IJP NUMBER 00245 ACCOUNTS F'AYABL..I: AMOUNTING PERI01 t 09/1995 0I CfJP I.IF>IE:R ANNE Ur ANS0 I BANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION-IDESCRIPTION-? 7600 03/13/1995 004105 I'I OPERF( AEYTI.Jn3.I:TION 7700 03/13/1995 004106 O]F'FICE SUPPLIES 00 020- 71.00--410.40-01 393 K:I:RBY 00 010-7400-425.21-10 COMMUNITY CENTER 7000 03/13/1995 004.3.0 / 00 0.10-7400-425.21 -1 0 1)1' I 11'1"1..IE:F.i 7900 03/13/1995 004108 ir::AMBLI:EI VINO WORKSHOP 0000 03/13/1995 004109 :aul_VINO POLICE PERSONNEL.. 8100 03/13/1995 004190 01JF<VIVAI SKILLS 0200 03/13/1.995 004191 111J.-EAOFi. REIMBURSEMENT 8300 03/13/1995 004192 `;'TORAOE BOXES COMMUNITY CENTER 00 010-3100-431.31-25 POST REIMP,/P.D. 00 01 ti....31.00- 43.1.. 31. --25 POST REIMBURSABLE 00 01.0-3100-431.31-25 POST REIMBURSABLE 00 011-7400-425.31--1 COMMUNITY CENTER 00 010-3100-431.21-85 POLICE DEPARTMENT 8400 03/1.3/1995 0041.93 00 010--2500- 4'25.21--1.0 GREEN B.:.R COMPUTER PATER CITY HALL 8500 03/13/1995 004194 00 010--3100-431.31-25 1.AB INVE!3TIGATION COURSE:: POST REIMBURSABLE 8600 03/1.3/1.995 004:1.95 00 01.i3-3:1.00--43:1..33-50 REPAIR 1'IJI...:ECE UNIT 0107 8700 03/13/1995 rAX NOTIFICATIONS 0800 0E:FI1 CLE: 8900 VEHICLE 03/1:3/4995 ABATEMENT 03/13/1995 ABATEMENT 004196 00 050-9000-450.30-90 WATER DEPARTMENT 004:1.9 f 00 0.1 (i-32:1.0- 43:L . 30 -.91 004198 00 9000 03/13/1995 004199 00 O.K. TO BOOK PRISONER 010-3210--431.30-91 010-- 3100- 431.. 30- 17 03/15/1995 0000000 00/00!0000 PRO.J P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DAr. LHECK• CAECA DA1E 17PE LAS) TRANS 0001800 COUNTY OF RIVERSIDE F<EU 03/15/1995 0000000 00/00/0000 N 0000883 RIVERSIDE COUNTY SUPPLY 183237 03/15/1995 0000000 00/00/0000 N 0000003 RIVERSIDE COUNTY SIJF'F'L.Y :1.03:I.43 03/15/1995 0000000 00/00/0000 N 0000889 FRED RODRIGUEZ REO 03/15/1995 0000000 00/00/0000 N 0000889 FRED RODRIGUEZ REO 03/15/1995 0000000 00/00/0000 L4 0000889 FRED RODRIGUEZ REO 03/15/1995 0000000 00/00/0000 N 0000406 OFELIA SEGALA REO 03/15/1995 0000000 00/00/0000 N 0000420 STAPLER STMT 03/15/1995 0000000 00/00/0000 N 0000420 STAPLES STMT 03/15/1995 0000000 00/00/0000 N 0000426 GLENN STOTZ 03/15/1995 0000000 00/00/0000 0000380 TRI BIJICK PONTIAC OMC 03/15/1995 0000000 00/00/0000 REO N 7043 N 0000373 UNDERGROUND SERVICE ALERT 95020559 03/15/1995 0000000 00/00/0000 N 0000357 VALLEY AUTO SALVAGE. INC. 55.4:1.4 03/15/1995 0000000 00/00/0000 N 0000357 VALLEY AUTOASALVAGE. INC. 55416 N 0000362 VALLEY HEALTH SYSTEM 03/15/1995 0000000 00/00/0000 291.4941--6 N AMOUNT 42,243.02 1.3.53 61.95 276.00 ?/6.00 24.00 63.72 445.89 247. 77 368.00 65.00 25.00 25.00 290.60 - I I'I.I'AKh.0 V.5/J/J.YY::1. IGv'r PROGRAM: I. a "3U t...Y u. amn ...a1-1uau ACCOUNTS PAYAIIfU.1F'IIAT•E LIST REPORT NI1?'U IF 22 GROUP NUMBER ACCOLINTING PERIOIIt GROUP LISER ANNE 00245 ACCOUNTG PAYABLE 0971995-- T RANS4, TRANS DA I E VOUCHI:..R FK ACCOUNT NUMBER DESCRIPTION 1 0ESCRIFTIU T 2 9100 03/13/1995 004200 TRAUMA STRESS 9200 03/13/1995 004201 CAREER ETHICS/INTEGRITY 300 03/13/1995 004202 FIJEiT--(:I. I B..T RENTAL 9400 03/13/1995 004203 CA CODE; BOOKS 9500 03/13/1995 004204 COPIER MA:I:NTENANCF 9600 03/13/1995 004205 COPIER MAINTENANCE 9700 0.3/13/1995 COPIER IiA.I: NT EHANCF 9000 0.3/13/.L995 COPIER 1'IA.LNTENANC:E 9900 03/13/1995 COPIER LIAINTENANCE. 10000 03/15/1995 STAFF ASSISTANCE' 10100 03/15/11995 PARKS 6 MAIN SIRI:EI :1.0200 03/15/1995 PARKS & MAJ:N STRE:E'I 10.300 03/15/:1.995 PARKS 6 MAIN STREE'] 00 010-•-3.100- 431 .31.--25 I •O6'T Ft1:= Ii 1BURf;AFI...E 00 010--3100-431.31-25 POST REIMBURSABLE 00 050--9000- 450.:34--05 CAMINCI LCIS FIAN(:IS 00 010-..2500-425.36-25 00 010--2500-425.34-05 00 010-3100-431.34-05 0042.06 00 0:1.0....:' 500....42 5.:34--09. 004207 00 010-•3100--431.34--05 004208 004209 0042:1 0 0042:L :I. 004212 COUNI: AMOUNT: 00 01.0--2500--425.34-05 00 010-1.110-411.34-05 DEPUTY CITY CLERK 00 025-- 7 :L 00 410 .:34--0T:i CLEANING 00 021-4150-410.34--05 CLEANING 00 025-'7256.-.410.34--05 CLEANINf GROUP TOTALS 103 120,447.70 PRLJ.J P.O. VENDOR VENDOR NAME 000099E BRYAN VIG 03/15/1995 0000000 00/00/0000 0001102 DENNIS WARNER 03/15/1995 0000000 00/00/0000 000032E WASTE MANAGEMENT 03/15/1995 0000000 00/00/0000 0000324 WEST PUBLISHING CO. 03/15/1995 0000000 00/00/0000 0000307 XEROX CORPORATION 03/15/1995 0000000 00/00/0000 0000307 XEROX CORPORATION 03/15/1995 0000000 00/00/0000 0000307 XEROX CORPORATION 03/1.5/1995 0000000 00/00/0000 0000307 XEROX CORPORATION 03/15/1995 0000000 00/00/0000 0000307 XEROX 03/15/1995 0000000 CORPORATION 00/00/0000 0000686 PAMELA LEE 03/15/1995 0000000 00/00/0000 7329 0000806 PHOENIX PROGRAM INC. 03/15/1995 0000000 00/00/0000 0000806 PHOENIX PROGRAM INC. 03/15/1995 0000000 00/00/0000 0000006 PHOENIX PROGRAM INC. 03/15/1995 0000000 00/00/0000 INVOICE NUMBER AST TRANS -- RF::N N REO N 8:I.6 044099 N 76114590 N 567192706 N 567255496 N 4552626E N 4552 6261 N 45526261. N STMT N 2.1..13 N 2103 N 2:1.13'3 IJ AMLIC.IN 1' 2 : 6 . 00 24.00 9. 7C3 116.37 107.67 102.50 231.39 1.97..3:3 754.90 749.00 7.38.70 1,479.00 r c A N Staff Report JACINTO TO: Honorable Mayor and City Council FROM: Les Evans, Public Works Director via Pamela S. Easter, City Manager DATE: March 21, 1995 SUBJECT: AGREEMENT WITH VALLEY -WIDE RECREATION AND PARK DISTRICT FOR THE USE OF CITY PARK FACILITIES Recommendation: Approve the Agreement for use of the Sallee Park and Rancho Park ballfields and authorize the City Manager to execute the Agreement on behalf of the City. Background: Valley -Wide has managed the operation of the Sallee Park ballfield for 15 years and Rancho Park for two years. The District schedules the use of the fields for league play and provides maintenance of the infield areas and payments of costs of energy for lighting. The basic terms of the agreement for the ballfields are: 1. Valley -Wide shall prepare ballfields during league play and provide trash pickup on a daily basis during league play. Further, Valley -Wide will provide game supervision and, as part of the supervision, agrees to lock the restrooms each night after each game during league play. 2. At Rancho Park: Valley -Wide will schedule ballfield on a year-round basis use with the following stipulations: Reservations may be made for two-hour time slots. Only one reservation per use and no new reservation can be made until last use has been used. Valley -Wide Agreement/Ballfields March 21, 1995 Page Two Valley -Wide girls softball program may schedule league games between April 1 and August 31 with the understanding that games will not be scheduled back-to- back due to limited parking. Saturday is the only day when more than one game will be scheduled with no games scheduled on Friday and Sunday. The game schedule shall be as follows: Monday One Game 6:30 - 8:30 Tuesday One Game 6:30 - 8:30 Wednesday One Game 6:30 - 8:30 Thursday One Game 6:30 - 8:30 Saturday Two Games 10:00 - 12:00 2:00 - 4:00 3. At Sallee Park: Valley -Wide may schedule Youth Baseball between April 9 and August 14. The game schedule will be as follows: Monday - Friday 5 PM to 10 PM Saturday 8 AM to 10 PM COOPERATION AGREEMENT FOR USE OF SALLEE PARK AND RANCHO PARK BALL DIAMONDS This agreement is executed this day of , 1995 between the City of San Jacinto, a Municipal Corporation (thereinafter called "CITY") and Valley -Wide Recreation and Park District (hereinafter call "DISTRICT"). WHEREAS, the CITY is the owner of the facilities known as the Sallee Park Ball Diamond and the Rancho Park Ball Diamond in San Jacinto, California; and WHEREAS, DISTRICT desires to operate said ball diamonds during the spring and summer months as part of its overall program of recreation for the citizens within the DISTRICT. The DISTRICT intends to offer organized activities including league play of Girls Softball and Youth Baseball at these facilities. It is, therefore, agreed as follows: 1. For the periods described below the DISTRICT shall administrate, operate and control the recreational uses of the above referenced ball diamonds. DISTRICT shall hire, provide and supervise all staff, or other personnel necessary to carry out the recreational functions of DISTRICT. All such employees shall be the sole responsibility of DISTRICT in the event of any claim for damages under the Workers' Compensation law. Rancho Park Schedule: DISTRICT girls softball program may schedule league games between April 1 and August 31 with the understanding that games will not be scheduled back-to-back due to limited parking. Saturday is the only day when more than one game will be scheduled with no games scheduled on Friday and Sunday. the game schedule shall be as follows: Monday One Game 6:30 - 8:30 Tuesday One Game 6:30 - 8:30 Wednesday One Game 6:30 - 8:30 Thursday One Game 6:30 - 8:30 Saturday Two Games 10:00 - 12:00 2:00 - 4:00 At other times during the April 1 through August 31 period, DISTRICT will schedule ballfield use with the following stipulations: Reservations may be made for two-hour time slots. Only one reservation per use and no new reservation can be made until last use has been used. Cooperation Agreement - City of San Jacinto Page 1 of 2 Sallee Park Schedule DISTRICT may schedule Youth Baseball league games between April 9 and August 14 as follows: Monday through Friday Saturday 5:00 - 10:00 8:00 - 10:00 2. DISTRICT shall maintain the infield portion of the ballfield and prep ballfields during league play and provide trash pickup on a daily basis during league play. DISTRICT will pay all costs of energy for ball diamond lighting during league play. Further, DISTRICT will provide game supervision and as part of the supervision, agrees to lock the restrooms each night after each game during league play. DISTRICT employees performing the function listed in this paragraph shall be the sole responsibility of DISTRICT in the event of any claim for benefits under the Workers' Compensation law. 3. DISTRICT shall indemnify, defend and hold CITY, its elected officers, officials, agents and employees, harmless from all suits, claims, damages and awards for bodily injury, death, property damage, or any other claim arising from the use, maintenance, administration or operation of the above mentioned facility by DISTRICT. DISTRICT warrants that it is insured through CAPRI Insurance, a cooperative insurance authority of Recreation Districts, and that the liability limit is $5,000,000. CITY shall be named as an additional insured for the purpose of effecting this provision, and a certificate of such insurance shall be provided to the CITY. Dated: ATTEST: City Clerk by: SeetSr by: City of San Jacinto Vaf1 -Wifle Recreation end Park District Cooperation Agreement - City of San Jacinto Page 2 of 2 / t DAS' 7 .ter... N Staff Report JACINTO TO: Honorable Mayor and City Council FROM: Les Evans, Public Works Director via Pamela S. Easter, City Manager DATE: March 21, 1995 SUBJECT: AGREEMENT WITH VALLEY -WIDE RECREATION AND PARK DISTRICT FOR POOL MAINTENANCE AND OPERATION Recommendation: Approve the Cooperation Agreement for Sallee Park Pool Operation and Maintenance and authorize the City Manager to execute the Agreement on behalf of the City. Background: During the summer seasons of 1993 and 1994, the Valley -Wide Recreation and Park District contracted with the City to operate the Sallee Pool. The Agreements call for the payment of $14,500 from the General Fund by the City. This year Valley -Wide has proposed the same arrangement. The period of operation of the pool will be June 10, 1995 through September 12, 1995, during which time the pool will be open a minimum of 32 hours each week. The District will provide lifeguards, pool equipment and routine maintenance. The City will provide major maintenance in the role of "landlord." At the end of the summer, the District will refund to the City any revenues in excess of the District's operating cost. COOPERATION AGREEMENT FOR POOL MAINTENANCE AND OPERATION This agreement is executed this day of , 1995 between the City of San Jacinto, a Municipal Corporation (thereinafter called "CITY") and Valley -Wide Recreation and Park District (hereinafter called "DISTRICT"). WHEREAS, City is the owner of the swimming pool and surrounding grounds and buildings located at the Sallee Park in San Jacinto, California; and WHEREAS, District desires to operate said pool during the summer months as part of its overall program of recreation for the citizens within the District. In conjunction with this program, District intends to offer organized activities and swimming lessons at the pool in addition to other recreational uses of benefit to District. It is therefore agreed as follows: For the period from June 10, 1995 through September 12, 1995, District shall administrate, operate and control the recreational uses of the above -referenced pool facility. The hours of operation shall be established within the discretion of the District, with the approval of the city manager; however, the pool shall remain open a minimum of 32 hours per week (conditions permitting). District shall hire, provide and supervise all staff, lifeguards or other personnel necessary to carry out the recreational functions of District. All lifeguards hired by District shall be trained or certified in accordance with California Health & Safety Code Sections 1797.182 and 241000.3. All such employees shall be the sole responsibility of District in the event of any claim for damages under the Workers' Compensation law. District shall provide all general maintenance and care, (i.e.: pool sweeping, pool decks, general cleaning, etc.) including maintenance of the surrounding grounds and buildings which are part of the pool curtilage. The pool shall be maintained in a sanitary and healthful manner in accordance with Health & Safety Code Section 24101.2. District shall provide all general pool maintenance equipment and pool supplies necessary to accomplish this provision. City shall provide all major maintenance and care, (i.e: pool chemicals, broken windows and doors, etc.). District employees performing the functions listed in this paragraph shall be the sole responsibility of District in the event of any claim for benefits under the Workers' Compensation law. 3. District shall indemnify, defend and hold City, its elected officers, officials, agents and employees, harmless from all suits, claims, damages and awards for bodily injury, death, property damage, or any other claim arising from the use, maintenance, administration or operation of the pool facility by District. District warrants that it is insured through CAPRI Insurance, a cooperative insurance authority of Recreational Districts, and that the liability limit is $5,000,000.00. City shall be named as an additional insured for the purpose of effecting this provision, and a certificate of such insurance shall be provided to the City. Page 1 of 2 4. As additional consideration for District's operation and maintenance of the pool, City shall pay to District the total sum of $14,500 payable in 3 equal monthly installments of $4,833.33 commencing June 10, 1995 (the last installment shall be $4,833.34). City shall further pay all utility expenses for water, power and gas, used in the operation of the pool. 5. District shall keep an account of all revenues generated in its operation of the pool, including but not limited to pool user fees and entry fees, refreshment or other concessions. District shall further keep an account of all expenses for pool operation, staffing and maintenance. As of the termination date of this agreement, should the amount of revenue exceed the amount of expenses, such excess amount shall be divided equally between City and District. District shall provide City with a report of the revenues and expenses within 30 days after the termination date of this agreement. Dated: ATTEST: City Clerk by: /PaodaJ ytt b City of San Jacinto Valle WiRecreation d.Par District Page 2 of 2 000 (J A N JAC I NTO AGENDA_5 Staff Report TO: Honorable Mayor and Members of the City Council FROM: Gene Price, Interim Fire Chief via Pamela S. Easter, City Manager DATE: March 21, 1995 RE: Disaster Planning Agreements RECOMMENDATION: Adopt Resolution No. 95- authorizing the City of San Jacinto to Join the Riverside County Operational Area to strengthen mutual coordination in disaster planning. Adopt Resolution No. 95- approving the use of the Standardized Emergency Management System (SEMS) as the management system to be utilized by San Jacinto for disaster management. Approve the Operational Area Agreement between the County of Riverside and the City of San Jacinto. BACKGROUND: In a continuing effort to improve the response capabilities of state and local jurisdictions during times of disaster, the State of California has formally established the Standardized Emergency Management System (SEMS) as the required Emergency Management System to be utilized within the State of California and it's political subdivisions. The State also directed that Operational Area Agreements be formulated within a county and its political subdivisions adopting the SEMS regulations. The City of San Jacinto currently works closely with Riverside County during times of disaster. The Operational Area Agreement being proposed only formalizes the process we currently use. It will provide a standardized management structure for all jurisdictions in Riverside County to use in disaster planning and during times of disaster. It will also specify the criteria for activation of the Riverside County Emergency Operations Center (EOC). The County of Riverside will provide support staff and all necessary supplies for the Operational Area Organization during actual operations and drills. Approving the Operational Area Agreement will not require any monetary compensation from any party to another party. * 4 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING THE AGREEMENT FOR PARTICIPATION IN THE OPERATIONAL AREA ORGANIZATION OF THE COUNTY OF RIVERSIDE WHEREAS, the potential for a major catastrophe due to earthquake, flood or other natural or manmade disaster causes all governmental entities within Riverside County to be prepared to share resources and information among themselves as well as within the State of California to protect public welfare; and WHEREAS, greater efficiency, planning and response can be achieved by joining the efforts of the cities, special districts and the County together in pre -disaster agreements; and WHEREAS, the California Emergency Services Act makes reference to the "Operational Area" and defines it as "an intermediate level of the State Emergency Services Organization" created to perform extraordinary functions for both City and County governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information and assisting in the efficient management of resources; NOW, THEREFORE BE IT RESOLVED that the City of San Jacinto agrees to participate in the Operational Area Organization of the County of Riverside, California. MOVED, PASSED AND ADOPTED this 21 st day of March, 1995 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk Mayor CERTIFICATION The foregoing is certified to be a true copy of Resolution No. 95- duly adopted by said City Council of the City of San Jacinto on the date set forth therein. Deputy City Clerk RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING PARTICIPATION IN THE STANDARD EMERGENCY MANAGEMENT SYSTEM OF THE STATE OF CALIFORNIA WHEREAS, the Standardization of Emergency Incident Management is a prime concern of all emergency management organizations; and WHEREAS, we recognize that such a system can provide the citizens, through a cooperative effort of all emergency management organizations, a cost effective emergency incident management system; and WHEREAS, we further recognize that the adoption and use of the Standardized Emergency Management System will result in increased cooperation and efficiency among the emergency management organizations in Riverside County; NOW, THEREFORE, BE IT RESOLVED that the City of San Jacinto agrees to adopt and use the approved Standardized Emergency Management System as defined in Government Code 8607. MOVED, PASSED, AND ADOPTED this 21 st day of March, 1995 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: Deputy City Clerk CERTIFICATION The foregoing is certified to be a true copy of Resolution No. 95- duly adopted by said City Council of the City of San Jacinto on the date set forth therein. Deputy City Clerk AGREEMENT FOR PARTICIPATION IN RIVERSIDE OPERATIONAL AREA ORGANIZATION This Agreement is made this day of , 1995, by and between the County of Riverside, hereinafter referred to as "COUNTY", and the cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, Lake Elsinore, La Quinta, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, and Temecula, hereinafter referred to as "CITIES", and the Idyllwild Fire Protection District. RECITALS WHEREAS, the potential for a major catastrophe due to earthquake, flood, or other natural or human caused disaster causes all governmental entities within Riverside County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and WHEREAS, greater efficiency, planning, and response can be achieved by joining the efforts of the CITIES, special districts, and the COUNTY together in pre -disaster agreements; and WHEREAS, The California Emergency Services Act makes reference to the "operational area" and defines it as "an intermediate level of the state emergency services organization, consisting of all political subdivisions within the county area" (Government Code § 8559(b)), created to perform extraordinary disaster related functions for both county and city governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for training, disaster information, and assisting in the efficient management of resources; WHEREAS, the State of California has formally established the Standardized Emergency Management System (SEMS) (19 Cal. Code of Regulations § 240 et seq.) as the required Emergency Management System to be utilized within the State of California and it's political subdivisions, and that Operational Area Agreements be formulated within a county and it's political subdivisions formally adopting the SEMS regulations; THE PARTIES AGREE AS FOLLOWS: 1. RECOGNITION OF AND PARTICIPATION IR AN OPERATIONAL AREA FOR EMERGENCY SERVICES The parties to this Agreement recognize an Operational Area, as that term is defined in the California Emergency Services Act (Government Code Section 8550 et seq.) which designates an intermediate level of the organization, cooperation, and planning between public entities within Riverside County boundaries. Pursuant to the SEMS regulations, the County of Riverside shall serve as the lead agency within the Operational Area. The parties agree to participate in the organizational structure which is a planning partnership for a systematic approach for exchanging disaster intelligence and resource requests in order to foster effective flow of disaster information and resource requests in emergencies and also to provide emergency preparedness on a day-to-day basis through training and exercise activities. Each of the parties to this Agreement will designate individuals to be trained to staff the Operational Area Organization. Each party to this Agreement will also designate, in writing, a line of succession of officials who are empowered to speak on behalf of the party at the Operational Area Organization. 2 RECOGNITION OF AND ADOPTION OF THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM The parties to this Agreement recognize the Standardized Emergency Management System as defined in Title 19, California Code of Regulation § 2400 et seq. and formally adopt those regulations as a part of this Agreement. 3. EOCJOPERATIONAL AREA ACTIVATION The operational area EOC shall be activated and SEMS used as described in the SEMS Organizational Levels when any of the following conditions exist: (a) A local government within the operational area has activated its EOC and requested an activation of the operational area EOC to support their emergency operations. (b) Two or more cities within the operational area have declared or proclaimed a local emergency. (c) The county and one or more cities have declared or proclaimed a local emergency. (d) A city or county has requested a governor s proclamation of a state of emergency, as defined in Government Code §8558 (b) . 2 (e) A state of emergency is proclaimed by the governor for the county or two or more cities within the operational area. (f) The operational area is requesting resources from outside its boundaries, except those resources used in normal day-to-day operations which are obtained through existing agreements providing for the exchange for furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis as provided for under the Master Mutual Aid Agreement. 4. CONSIDERATION The consideration under this Agreement is the mutual advantage of protection afforded to each of the parties under the Agreement. There will not be any monetary compensation required from any party to another party. 5. AGREEMENT STEERING COMMITTEE The Operational Area Agreement Steering Committee, established by Riverside County Ordinance 533.4, consists of the Riverside County Disaster Council jurisdictional representatives. Departmental agencies within the County of Riverside will have joint representation on this Committee by that single representative which is the Disaster Chair or his/her designee. Volunteer agencies having representation on the Disaster Council will be non -voting members of the Steering Committee. It will be the responsibility of the Steering Committee to set the policies and procedures for the governing of the Committee and the operation of the Operational Area. The Steering Committee shall approve the Operational Area Organizational structure. The COUNTY will supply staff support for the Committee. 6. MULTI -AGENCY COORDINATION SYSTEM The parties agree that in the event of a disaster the affected jurisdictions and agencies will meet together in a coordinated effort to facilitate decisions for overall emergency response activities, including the sharing of resources and the prioritization of incidents. The chair for the meeting will be. the Chair of the Riverside County Disaster Council and facilitated by the Riverside County Disaster Corps Commander. "Meeting" may include meetings via an electronic media deemed acceptable to the participants. The frequency of the meetings may vary depending on the nature and size of the emergency. A minimum of one meeting will be held during the emergency period. 7. PROVISION OF FACILITIES AND SUPPORT The (OPNI'Y shall provide an Emergency Operations Center (EOC) located in the basement of the County Administrative 3 Center, Riverside and an Emergency Operations Center located in the County Administrative Center at the Alternate Seat of Government in Indio. The COUNTY will provide EOC support staff and all necessary supplies for the Operational Area Organization during actual operations and drills. All parties to this Agreement shall, within their capabilities, provide staff for the decision making and operational positions of the Operational Area Organization. 8. TERM OF AGRREnaIT This Agreement shall be effective from the date executed by the parties. This Agreement may be terminated by mutual agreement of a majority of the member parties. 9. WITHDRAWAL OF PARTY Any party to this Agreement may withdraw as a party to this Agreement upon giving 30 days prior written notice to the other parties. 10. Additional parties, who are public entities, including special districts, within the geographical boundaries of Riverside County, may join in this Agreement and become member entities upon execution of an Exhibit to this Agreement in which the entity agrees to be subject to the conditions and terms of this Agreement, provided that said agency or district is not provided representation by another means. The executed Exhibit shall become a part of this Agreement automatically after the expiration of thirty days following notification by the new party to all other parties, of the execution of the Exhibit. Thereafter, the entity shall be considered to be a party to this Agreement unless the entity withdraws as provided herein. 11. INDEMNIFICATION MD HOLD HARMLESS AGREEMENT No party to this agreement nor any officer or employee of such party shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any other party under or in connection with any work, authority or jurisdiction delegated to said other party under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, each party ("Indemnifying Party") shall fully indemnify and hold every other party ("Indemnified Party") harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Indemnifying Party under or in connection with any work, authority, or jurisdiction delegated to Indemnifying Party under this Agreement. 4 12. SALARIES. EMPLO BENEFITS. WORKER'S COMP iSATIO$ The salaries, employment and Worker's Compensation benefits of each employee participating in the Operational Area Organization shall be the responsibility of the party employing the individual. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS FOLLOWS: ATTEST: Clerk of the Board of Supervisors of the County of Riverside, State of California COUNTY OF RIVERSIDE a political subdivision of the State of California By: (SEAL) By: Deputy Clerk Chairman, Board of Supervisors APPROVED AS TO FORM: (Name) County Counsel By: (Name) Deputy County Counsel ATTEST: CITY OF BANNING By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) 5 ATTEST: CITY OF BEAUMONT By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF BLYTHE By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF CALIMESA By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) 6 ATTEST: CITY OF CANYON LAKE By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF CATHEDRAL CITY By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF COACHELLA By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) 7 ATTEST: CITY OF CORONA By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF DESERT HOT SPRINGS By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF HEMET By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF INDIAN WELLS By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF INDIO By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF LAKE ELSINORE By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF LA QUINTA By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF MORENO VALLEY By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF MURRIETA By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) 10 ATTEST: CITY OF NORCO By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF PALM DESERT By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF PALM SPRINGS By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) 11 ATTEST: CITY OF PERRIS By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF RANCHO MIRAGE By: By. Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF RIVERSIDE By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) 12 ATTEST: CITY OF SA:T JACINTO By: By: Title: APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) ATTEST: CITY OF TEMECULA By: By: Title - APPROVED AS TO FORM: (NAME) City Attorney By: (Name) (Title) 13 AkiENDA - A N Staff Report JACINTO TO: Honorable Mayor & Councilmembers FROM: Les Evans, Director of Public Works via Pamela S. Easter, City Manager DATE: March 21, 1995 RE: CITY WIDE SPEED STUDY RECOMMENDATION: Direct staff to prepare a City-wide speed zone study utilizing the services of Counts Unlimited to perform the radar survey and Ben Dobbins, Traffic Engineer to prepare the report. FISCAL IMPACT: Counts Unlimited, of Moreno Valley, will perform radar speed zone studies at 105 locations for a fee of $1,875. Ben Dobbins, the City Traffic Engineer, is willing to analyze the radar date and prepare a study recommending speed limits throughout the City. His fee will be $800. The funding source will be through Gas tax. BACKGROUND & ANALYSIS: At the January 3, 1995 City Council meeting, the Council, in response to a citizen complaint regarding speeding and accidents on Ramona Boulevard, directed staff to recommend a course of action to address City-wide speed limits. Staff indicated that speed zone studies should be prepared for all streets which are not zoned for 25 MPH under the California Vehicle Code criteria for residential streets. A location map for the performance of radar studies was prepared and provided to the City Traffic Engineer for an estimate of costs for the City-wide study. Staff has proposed preparation of the study at a cost of $2,675. AuENDA 5. / 0 STAFF REPORT TO: Chairman and Members of the Industrial Development Authority (IDA) FROM: James Cox, City Attorney SUBJ: TRI-PARTY AGREEMENT. Edelbrock Industrial Development bonds, substitution of trustee. DATE: March 21, 1995 RECOMMENDATION Approve the Tri-Party Agreement and authorize the Chairman to execute the same. BACKGROUND In 1990, the City's Industrial Development Authority of the Redevelopment Agency acted as issuer to conduct financing and issuance of bonds for Edelbrock's project. Security Pacific Bank was named as bond trustee. Due to the merger of Security Pacific with Bank of America, Bank of America declared a conflict of interest as trustee under this issuance. On March 2, 1993 the IDB authority designated Harris Trust Company of California (HTCC) as trustee. The Indenture of Trust requires trustee capitalization greater that what HTCC has. At the time of the original transfer, the capitalization was addressed by use of a parent guarantee. HTCC feel that it is possible that the guarantee may not be used to meet the capital requirements. Therefore, to eliminate any concerns, both Bank of America and HTCC recommend that the issue be transferred to another successor. Harris Trust and Savings Bank meets all of the requirements of the Indenture of Trust and therefore is being designated as successor. This Agreement has been reviewed by the City Attorney. •1 • TRI PARTY AGREEMENT This TRI PARTY AGREEMENT (this "Instrument"), dated as of February 15, 1995 (the "Execution Date"), by and among Industrial Development Authority of the Redevelopment Agency of the City of San Jacinto, a public body duly organized under the Constitution of the laws of the State of Califomia (the "Issuer'), Hams Trust Company of Califomia, a Califomia state trust company(the "Resigning Trustee"), Bank of America National Trust and Savings Association, a national banking association duly organized and existing under the laws of the United States of America (the "Original Trustee"), and Hams Trust and Savings Bank, an Illinois state banking corporation (the "Successor Trustee") WITNESSETH WHEREAS, the Issuer and the Original Trustee, successor in interest to Security Pacific National Bank through merger, entered into an indenture, dated as of April 1, 1990 (the "Indenture"), providing for the issuance by the Issuer of its Industrial Development Revenue Bonds (Edelbrock Foundry Corporation Project) Series 1990 (the "Bonds"); and WHEREAS, the Original Trustee retained the role of Paying Agent, Registrar and Authenticating Agent, as defined in the Indenture, after its resignation or as Trustee under the Indenture; and WHEREAS, the Resigning Trustee was appointed successor trustee under the Indenture on December 24, 1992; and WHEREAS, Section 8.07 of the Indenture provides that the Trustee may resign and be discharged of the trust created by the Indenture by giving written notice thereof, by registered or certified mail, to the Issuer, the Company, the Bank and to the Holders of the Bonds not less than sixty (60) days before such resignation is to take effect; and WHEREAS, the Resigning Trustee hereby gives notice to the Issuer of its resignation and on April 15, 1995, which date complies with the notice requirement under Section 8.07 of the Indenture, the appointment of the successor trustee shall become effective; and WHEREAS, Section 8.08 (a) of the Indenture provides that in case the trustee shall resign, the Company shall cooperate with the Issuer and with the prior written consent of the Bank, the Issuer shall immediately appoint a successor trustee; and WHEREAS, Section 8.08(c) of the Indenture provides that the trustee shall be qualified under the provisions of Section of the Indenture; and WHEREAS, Section 8.08 of the Indenture provides that any successor trustee appointed under the Indenture shall execute, acknowledge and deliver to the Issuer and the Resigning Trustee an instrument accepting such appointment and thereupon the resignation of the Resigning Trustee shall become effective and the Successor Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, trust duties and responsibilities of the Resigning Trustee; and NOW, THEREFORE, pursuant to the Indenture and in consideration of the covenants herein contained, it is agreed as follows (words and phrases not otherwise defined in this Instrument shall have the meaning given thereto in the Indenture): THE ORIGINAL TRUSTEE 1. Pursuant to the terms of the Indenture, the Original Trustee hereby notifies the Issuer that the Original Trustee is resigning as Paying Agent, Registrar and Authenticating Agent under the Indenture effective as of that date which is sixty (60) days after the Execution Date or, if such date is not a Business Day, then the next succeeding Business Day (the "Effective Date"). THE RESIGNING TRUSTEE 1. Pursuant to the terms of the Indenture, the Resigning Trustee hereby notifies the Issuer that the Resigning Trustee is resigning as trustee under the Indenture effective as of that date which is sixty (60) days after the Execution Date or, if such date is not a Business Day, then the next succeeding Business Day (the "Effective Date"). 2. Effective as of the Effective Date, the Resigning Trustee hereby assigns, transfers, delivers and confirms to the Successor Trustee all of its rights, powers, trust duties and responsibilities of the Resigning Trustee under the Indenture 3. The Resigning Trustee agrees to execute and deliver such further instruments and shall take such further actions as the Successor Trustee or the Issuer may reasonably request so as to more fully and certainly vest and confirm in the Successor Trustee all the rights, titles, interests, capacities, privileges, duties and responsibilities hereby assigned, transferred, delivered and confirmed to the Successor Trustee, including without limitation, the execution and delivery of any instruments required to re -perfect all liens that it may have on the trust in the name of the Successor Trustee. 4. Promptly after the Effective Date, the Resigning Trustee shall provide the governing documents to the Successor Trustee. THE ISSUER 1. Effective as of the Effective Date, the Issuer hereby accepts the resignation of the Resigning Trustee and appoints the Successor Trustee as successor in trust under the Indenture and confirms to the Successor Trustee all of the rights, titles, interests, capacities, privileges, duties and responsibilities of the trustee under the Indenture. 2. The Issuer agrees to execute and deliver such further instruments and to take such further action as the Successor Trustee may reasonably request so as to more fully and certainly vest and confirm in the Successor Trustee all the rights, titles, interests, capacities, privileges, duties and responsibilities hereby assigned, transferred, delivered and confirmed to the Successor Trustee. 2 3. The Issuer hereby represents and warrants that to the best knowledge of the Issuer there has been no notice of an Event of Default and no event which, after notice or lapse of time or both, would become an Event of Default under the terms of the Indenture, as of the Effective Date. THE SUCCESSOR TRUSTEE 1. Effective as of the Effective Date, the Successor Trustee hereby accepts its appointment as successor trustee under the Indenture and shall be vested with all of the rights, titles, interests, capacities, privileges, duties and responsibilities of the trustee under the Indenture. 2. The Successor Trustee hereby represents that it is qualified and eligible under the provisions of Section 8.08 (c) of the Indenture to be appointed successor trustee and hereby accepts the appointment as successor trustee and agrees that upon the signing of this Instrument it shall become vested with all of the rights, titles, interests, capacities, privileges, duties and responsibilities of the Resigning Trustee as trustee with respect to all series of Securities with like effect as if originally named as trustee under the Indenture. 3. Promptly after the execution of this Instrument, the Successor Trustee shall, as directed by the Issuer, forward written notice of this resignation, appointment and acceptance effected hereby to the Company, the Bank and the holders of the Bonds. MISCELLANEOUS 1. The parties hereto agree that this Instrument does not constitute an assumption by the Successor Trustee of any liability of the Resigning Trustee arising out of any breach by the Resigning Trustee of its duties or obligations under the Indenture (a "Prior Liability"). The parties hereto further agree that, notwithstanding any provision hereof, the Resigning Trustee and its corporate parent shall remain liable for any Prior Liabilities. The Original Trustee shall continue to be liable for its acts or omissions under the Indenture through the effective date of its resignation to the Resigning Trustee and through the Effective Date of its resignation as paying agent, registrar and authenticating agent. 2. The parties hereto agree that as of the Effective Date, all references to the Resigning Trustee as trustee in the Indenture shall be deemed to refer to the Successor Trustee. After the Effective Date, all notices or payments which were required by the terms of the Indenture to be given or paid to the Resigning Trustee as trustee, shall be given or paid to: HARRIS TRUST AND SAVINGS BANK 311 West Monroe Street Attention: Indenture Trust Division Chicago, Illinois 60606 3. The resignation, appointment and acceptance effected hereby shall become effective as of the opening of business on the Effective Date. 4. This Instrument shall be govemed by and construed in accordance with the laws goveming the Indenture. 3 5. This Instrument may be executed in any number of counterparts, each of which shall be an original, but which counterparts shall together constitute but one and the same instrument. 6. Nothing contained in this Instrument shall in any way affect the obligations or rights of the Issuer, the Resigning Trustee or any holder of the Bonds under the Indenture. This Instrument shall be binding upon and inure to the benefit of the Issuer, the Resigning Trustee and the Successor Trustee and their respective successors and assigns. 7. The parties hereby agree that from and after the Effective Date, all fees payable by the Issuer to the trustee under the Indenture shall henceforth be invoiced by and paid to the Successor Trustee at such address and account as shall hereafter be provided by the Successor Trustee to the Issuer. 8. Each of the parties hereto hereby represents and warrants for itself that as of the date hereof, the Effective Date: a) it has the power and authority to execute and deliver this Instrument and to perform its obligations hereunder, and all such action has been duly and validly authorized by all necessary proceedings on its part; and b) this Instrument has been duly authorized, executed and delivered by it, and constitute a legal, valid and binding agreement enforceable against it in accordance with its terms, except as the enforceability of this Instrument may be limited by bankruptcy, insolvency or other similar laws of general application affecting the enforcement of creditor's rights or by general principles of equity limiting the availability of equitable remedies. 4 IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be duly executed and attested by their duly authorized officers, all as of the date and year first above written. Industrial Development Authority of the Redevelopment Agency of the City of San Jacinto, as Issuer By: Attest: Title: Title: Hams Trust Company of Califomia, as Resigning Trustee By: Attest: Title: Title: Hams Trust and Savings Bank, as Successor Trustee By Attest: Title: Title: Bank of America National Trust and Savings Association, as Original Trustee By: Attest: Title: Title: Each of the undersigned hereby acknowledges and consents to the foregoing as of the date first written above. Edelbrock Foundry Corp., as Company By: Title: Bank of America National Trust and Savings Association, as Bank By: Title: sanja.doc c STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Anna A. Vega, Finance Director Via Pamela S. Easter, City Manager SUBJ: Resolution for Delegation of Authority to Make Retirement Determinations DATE: March 21, 1995 RECOMMENDATION: Adopt Resolution No. 95- delegating authority to the City Manager and Finance Director to make retirement determinations under section 21023(c) of the Government Code. BACKGROUND: In the absence of this resolution, all disability retirement requests have been approved by the City Council prior to submitting the application to PERS. The resolution delegating authority to the City Manager and Finance Director will allow disability retirement determinations be made at administrative levels. This delegation of authority will also expedite the processing of an employees request for disability retirement. The attached resolution is a requirement of the Public Employees Retirement System (PERS) for the delegation of authority of applications for disability retirement. The delegation of authority is authorized by Section 21023(c) of the Government Code. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA DELEGATING AUTHORITY TO THE CITY MANAGER AND FINANCE DIRECTOR TO MAKE RETIREMENT DETERMINATIONS UNDER SECTION 21023(c) OF THE GOVERNMENT CODE. WHEREAS, the City of San Jacinto (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency is employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "Industrial" within the meaning of such Law; WHEREAS, The City Council delegate and it does hereby delegate to the incumbent of the office/position of the City Manager and Finance Director the authority to make determinations under Section 21023(c) of the Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the Public Employees' Retirement System; and BE IT FURTHER RESOLVED that such incumbent be and he/she is authorized to make applications on behalf of the Agency for disability retirement of employees. MOVED, PASSED AND ADOPTED this 21 day of March, 1995 by the following vote: AYES: NOES: ABSTAIN: ABSENT: City Clerk Mayor ATTEST: Deputy City Clerk AtiiNDA-_____ STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: March 21, 1995 SUBJECT: JORDAN AND SHAVER APARTMENT CONVERSION ARCHITECTURAL DESIGN CONTRACT NEIGHBORHOOD Heritage RECOMMENDATION Award the contract to Richart Design Group for architectural services necessary to convert five dilapidated apartments into three detached single-family dwellings, in an amount not to exceed $9,700.00. BACKGROUND As part of the Housing Implementation Program and to implement the State mandated Housing Compliance Plan, the City received a HOME grant for the acquisition of five apartment units at Jordan and Shaver. To implement the HOME grant, the City requested proposals for architectural services to convert the five apartment units into three detached single family dwellings. The three new dwellings will all be at least 1000 square feet and be marketed at between $38,500.00 to $62,500.00. The City received two bids to prepare the final construction drawings for the conversion of the apartment units. The cost breakdown and scope of services are available for your review at the Community Development Department. The amounts proposed by each bidder are as follows: Herron and Rumansoff: Richart Design Group: $11,400.00 $9,700.00 Both firms are located in Hemet, and previously have done work for the City. Both bids provide similar services and include demolition plans, construction rehabilitation plans and documents, structural calculations, and energy calculations. H:AG REM ENT \J RD N S HAV. D ES CONTRACT FOR SERVICES This Agreement is made on , between THE CITY OF SAN JACINTO ("Client"), with a principal place of business at 312 E. Main Street, San Jacinto, CA 92583 and RICHART DESIGN GROUP ("Contractor"), an independent contractor, with a principal place of business at P.O. BOX 1651, SAN JACINTO, CA 92581 ARTICLE 1. TERM OF CONTRACT 1.01. This agreement will become effective on the date stated above and will continue in effect until terminated as provided in this agreement. ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 2.01. Contractor agrees to perform the services specified in the "Scope of Services", attached to this agreement and incorporated into this agreement by reference. Method of Performing Services 2.02. Contractor will determine the method, details, and means of performing the above -described services. Status of Contractor 2.03. Contractor enters into this agreement, and will remain throughout the term of the agreement, as an independent contractor. Contractor agrees that he is not and will not become an employee, partner, agent, or principal of Client while this agreement is in effect. Contractor agrees that he is not entitled to the rights or benefits afforded to Client's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at his own expense, disability, unemployment, and other insurance, workers' compensation, training, permits, and licenses for himself and for his employees and subcontractors. -1- Payment of Income Taxes 2.04. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Client to Contractor for services under this Agreement. On request, Contractor will provide Client with proof of timely payment. Contractor agrees to indemnify Client for any claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting from Contractor's failure to comply with this provision. Use of Employees or Subcontractors 2.05. Contractor may, at Contractor's own expense, use any employees or subcontractors as Contractor deems necessary to perform the services required of Contractor by this agreement. Client may not control, direct, or supervise Contractor's employees or subcontractors in the performance of those services. ARTICLE 3. COMPENSATION Maximum Compensation 3.01. In consideration for the services to be performed by Contractor, Client agrees to pay to Contractor an amount not to exceed $9,700.00. Date for Payment of Compensation 3.02. Contractor will submit to Client a statement of services rendered upon approval of construction drawings. Client agrees to pay the amount due to Contractor for services within thirty (30) days of the receipt of the statement. ARTICLE 4. OBLIGATIONS OF CONTRACTOR Non -Exclusive Relationship 4.01. Contractor may represent, perform services for, and contract with as many additional clients, persons, or companies as Contractor, in his sole discretion, sees fit. Time and Place of Performing Work 4.02. Contractor may perform the services under this agreement at any suitable time and location he chooses. -2- Tools, Materials and Equipment 4.03. Contractor will supply all tools, materials, and equipment required to perform the services under this agreement. Workers' Compensation 4.04. Contractor agrees to provide workers' compensation insurance for Contractor's employees and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of any injury, disability, or death of any of Contractor's employees or agents. Liability Insurance 4.05. A policy of insurance in the amount of $1,000,000.00 shall be maintained and provided by the structural engineer to cover negligent acts or omissions committed during the performance of the structural design duties under this agreement. Contractor shall further maintain errors and ommissions coverage for professional negligence in the minimum amount of $100,000.00. Contractor's Qualification 4.06. Contractor represents that he has the qualifications and skills necessary to perform the services under this agreement in a competent, professional manner, without the advice or direction of Client. This means Contractor is able to fulfill the requirements of this agreement. Failure to perform all the services required under this agreement constitutes a material breach of the agreement. Contractor has complete and sole discretion for the manner in which the work under this agreement will be performed. Indemnity 4.07. Contractor agrees to indemnify, defend, and hold Client free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, attorneys' fees, and costs, that Client may incur as a result of a breach by Contractor of any representation or agreement contained in this agreement. Assignment 4.08. Neither this agreement nor any duties or obligations under this agreement may be assigned by Contractor without the prior written consent of Client. -3- ARTICLE 5. OBLIGATIONS OF CLIENT Cooperation of Client 5.01. Client agrees to comply with all reasonable requests of Contractor and provide access to all documents reasonably necessary to the performance of Contractor's duties under this agreement. Assignment 5.02. Neither this agreement nor any duties or obligations under this agreement may be assigned by Client without the prior written consent of Contractor. ARTICLE 6. TERMINATION OF AGREEMENT Termination on Notice 6.01. Notwithstanding any other provision of this agreement, either party may terminate this agreement at any time by giving thirty (30) days written notice to the other parry. Unless otherwise terminated as provided in this agreement, this agreement will continue in force until the services provided for in this agreement have been fully and completely performed. Termination on Occurrence of Stated Events 6.02. This agreement will terminate automatically on the occurrence of any of the following events: a. Bankruptcy or insolvency of contractor; b. Sale of the business of the contractor; c. Death of contractor; d. Assignment of this Agreement by contractor without the consent of the client. Termination for Default 6.03. If either party defaults in the performance of this agreement or materially breaches any of its provisions, the non -breaching party may terminate this agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this agreement includes, but is not limited to, the following: (a) Contractor's failure to complete the services specified in the Description of Services -4- (b) Contractor's material breach of any representation or agreement contained in Paragrapht-( d c (c) Client's material breach of any representation or agreement contained in this agreement. ARTICLE 7. GENERAL PROVISIONS Notices 7.01. Any notices required to be given under this agreement by either party to the other may be effected by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices must be addressed to the parties at the addresses appearing in the introductory paragraph of this agreement, but each party may change the address by giving written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of the day of receipt or the fifth day after mailing, whichever occurs first. Entire Agreement of the Parties 7.02. This agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Contractor for Client and contains all of the representations, covenants, and agreements between the parties with respect to the rendering of those services. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this agreement, and that no other agreement, statement, or promise promise not contained in this agreement will be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. Partial Invalidity 7.03. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Payment of Monies Due Deceased Contractor 7.04. If Contractor dies before completing the services under this agreement, any monies due Contractor from Client under this agreement as of the date of death will be paid to the Contractor's executors, administrators, heirs, personal representatives, successors, and assigns. -5- Arbitration 7.05. Any controversy between the parties to this agreement involving the construction or application of any of the terms, covenants, or conditions of this agreement will, on the written request of one party served on the other, be submitted to arbitration. The arbitration will comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. The parties will each appoint one person to hear and determine the dispute. If those two persons are unable to agree, then they will select a third impartial arbitrator whose decision will be final and conclusive on both parties. The cost of arbitration will be borne in a proportion the arbitrators determine. Attorneys' Fees 7.06. If any legal action based in contract law, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. Governing Law 7.07. This agreement will be governed by and construed in accordance with the laws of the State of California. Executed at San Jacinto, California, on By: By: By: CLIENT THE CITY OF SAN JACINTO CONTRACTOR -6- STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb Director of Community Development via Pamela S. Easter, City Manager DATE: March 21, 1995 SUBJECT: ADDENDUM TO THE SUBDIVISION AGREEMENT FOR TRACT 24140-2, TO ALLOW AN INTERIM ACCESS FROM THE RAMONA EXPRESSWAY TO THE MODEL COMPLEX UNDER CONSTRUCTION FN DEVELOPMENT (SUMMERCHASE HOMES DEVELOPMENT) RECOMMENDATION Staff recommends the City Council authorize the Mayor to execute the attached Addendum to the Subdivision Agreement for Tract 24140-2. BACKGROUND In order to provide direct access from Ramona Expressway to the new model complex being constructed by FN Development (the Summerchase Homes Development), Staff required the attached addendum to ensure that all interim improvements are removed and current conditions are replaced. The proposed interim access, currently under construction, will be at the westerly end of the development and involves the removal about 60 feet of sound wall, the construction of a right in/out transition lane and approach driveway. The transition lane and driveway plans have been reviewed and approved by the City Traffic Engineer. The terms of the addendum specify that the improvements are interim and are to be removed upon the issuance of the certificates of occupancy of the models. The City is requiring the transition lane to be removed as it straddles the Ramona Expressway centerline and is in the location of a future landscape median. The developer will also be required to restore the area to its existing condition, which includes reconstruction of the sound wall. The cost to remove the interim improvements and reconstruct the sound wall shall be entirely borne by the developer. H: CC RPT-95\ADNDM241.402 RECORDING REQUESTED BY CITY CLERK WHEN RECORDED, MAIL TO CITY CLERK CITY OF SAN JACINTO 312 E. MAIN STREET SAN JACINTO, CA 92583 ADDENDUM TO THE SUBDIVISION AGREEMENT FOR TRACT 24140-2 (RE: Temporary Access, Reconstruction of Improvements and Replacement/Demolition to existing Conditions) THIS AGREEMENT made and entered into this day of 1995, by FN Development, a Califomia Corporation, hereinafter referred to as First Party, and the City of San Jacinto, California, a municipal corporation, hereinafter referred to as "CITY". WITNESSETH WHEREAS, First Party are the present owners of the hereinafter described real property, and; WHEREAS, First Party desires to construct a temporary driveway on the Ramona Expressway to provide direct access to the model complex for the development on the subject site and stimulate sales activity for the residential tract development, and; WHEREAS, construction of the temporary driveway by the First Party will result in the First Party installing a transition lane adjacent to the Ramona Expressway, and installing an access lane to and from the Ramona Expressway, but will also result in the First Party demolishing 60 linear feet of sound wall, at the sole and exclusive expense of the First Party, and; WHEREAS, the above interim improvements shall be constructed pursuant to approved plans and permits issued thereto by the City Public Works Department, and; WHEREAS, when the dwellings in the subject development are constructed, the sound wall will be necessary to provide noise attenuation and security to the future occupants of the site, and; WHEREAS, the interim transition lane will be installed in the location of a future raised landscaped median which will be constructed over and adjacent to the ultimate center line of the Ramona Expressway, and; WHEREAS, the interim driveway access lane will be constructed in the existing southerly parkway section of the Ramona Expressway right-of-way adjacent to the site, which the City desires to be fully landscaped upon completion of the ultimate Ramona Expressway improvements, and; WHEREAS, upon completion of the residential development (Tract 24140-2) related to the interim driveway access, the interim access drive and transition lane will no longer be necessary and the First Party shall return the parkway area, Ramona Expressway centerline area, and the sound wall to their current condition, at the sole and exclusive expense of the First Party. NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. That the installation of the transition lane and access drive are interim improvements constructed at the sole and exclusive expense of the First Party pursuant to approved -1- plans and permits issued thereto by the City Public Works Department, and; The interim transition lane and access drive shall be removed by and at the sole and exclusive expense of the First Party, subject to the satisfaction of the Director of Public Works and/or Director of Community Development, prior to the issuance of the final certificate of occupancy for the residential habitation of the model homes indicated above, and; The sound wall shall be fully reconstructed and restored to match the existing sound wall by and at the sole and exclusive expense of the First Party, subject to the satisfaction of the Director of Public Works and/or Director of Community Development, prior to the habitation of the home on the subject lot (No. 63, Tract 24140-2, 1487 Stratus Street) or prior to the issuance of the final certificate of occupancy for the residential habitation of the model homes indicated above, whichever occurs first, and;. That in the event the First Party fails or refuses to make the required public and/or private improvements or demolition indicated above, the "CITY" shall have the option of withholding occupancy permits for any units remaining within Tract 24140-2, or bringing such legal action as the law may afford to enforce the terms of this agreement or the "CITY" at its sole option may make said improvements/demolitions and may either enforce the collection of said costs of the improvements/demolitions by such legal actions, together with reasonable attomey's fees and costs, or may cause said costs of the improvements/demolitions to be made a lien against the real property as herein described. Notwithstanding the options outlined above, the City may at the City's option, choose to proceed directly against the developers bond (demolition and replacement costs are estimated at $15,000.00) to ensure that the requirements stated in Paragraphs 2 and 3 are implemented. 5. That the real property referred to herein is all that real property located in the CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, and more particularly described as: 1. Lot No. 63, Tract 24140-2, and also identified as 1487 Stratus Street, San Jacinto. Also known as APN 431-341-019. 2. Lot No. 64, Tract 24140-2, and also identified as 1486 Stratus Street, San Jacinto. Also known as APN 431-342-015. 3. Lot No. 65, Tract 24140-2, and also identified as 1480 Stratus Street, San Jacinto. Also known as APN 431-342-016. 4. Lot No. 66, Tract 24140-2, and also identified as 1474 Stratus Street, San Jacinto. Also known as APN 431-342-017. 5. Lot No. 67, Tract 24140-2, and also identified as 1468 Stratus Street, San Jacinto. Also known as APN 431-342-018. Developer shall defend and save the City Council, City of San Jacinto, and the officers and employees of said City of San Jacinto, harmless against injuries to persons and damage to property, which may occur (or alleged to have occurred) by reason or in connection with any work done as provided and contemplated by this agreement, or which may been caused (or alleged to have been caused) from the improvements and alterations described in this agreement and contractor shall procure and carry at all times during the course of said work, liability insurance therefore in the amount of one million dollars ($1,000,000) in favor of the developer and City Council, City of San Jacinto, -2 - and the officers and employees of the City of San Jacinto as long as any work is being done as provided by this agreement and until final acceptance by the City of all requirements stated in Paragraphs 2 and 3 above. 7. It is understood and agreed by the parties that this agreement shall be recorded with the County of Riverside, and shall be binding upon the heirs, transferees, successors and assigns of the First Party hereto. Time is declared the essence of this agreement and this contract shall be deemed to have been executed and to be performed in the County of Riverside, State of California. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above. FN DEVELOPMENT COMPANY CITY OF SAN JACINTO Vitgk G+IQIS Y6f— c:{ PRDIeler MRNkbtr+- ATTEST: MAYOR DEPUTY CITY CLERK i ' MARSH & MCL#;1 NAN i PRODUCER Marsh 6 MCLennart, Incorporated One Woodward Avenue Suite 1200 Detroit, MI 48226-3493 THIS CERTIFICATE IS IS3t!ED AS. A MATTER OF NO RIGHTS UPON THE CERTIFICATE DELUDER arm THE POLICY. THIS CERTIFICATE DOES NOT AMEND, COVERAGE AFFORDED Mt THE POLICIES LISTED CERTPiMGJ,'IE NUKtBEEL' -: # 12 619 INFORMATION ONLY AND CONFERS THAN THOSE PROVED IN EXTEND OR ALTER TILE HEREIN. COMPANIES AFFORDING COVERAGE ccm* w A MICHIGAN MUTUAL INSURANCE CO LETTER INSURED Granite Management Corp., etal Its Subsidiaries, specifically FN Development Company The American Road Dearborn, MI 48121-1899 'COVERAGES .,. f } "P, fn'; 4 n::<:.::;n+.:fff..C:fnY.{. • 'SSJ: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED OF SUCII POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED IAPANY LETTERB BAN'` c LETTER COMPANY D LETTER r, >, n h r-x a R e x+, a+ +*x W,,�`� KC:6K�ti,vv'4H'.iv', > 8\ HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POL OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 1I1 BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIO. BY PAID CLAIMS. CO LTR TYPE OF INSURANCE PQ1CY NUMBER POLICY EFFECTIVE DATE (KM/DD/YY) POLICY EXPIRATION DATE @AtiDD/Y ) R A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S CONTRACTOR'S PROT. GL012582600 '', _.. 4/20/94 ', ', ',. 4/20/95 GENERAL AGGREGATE $ 1000000 X PRODUCTS-COMP/OP AGO $ 1000000 PERSONAL & AOV INJURY $ 1000000 EACH OCCURENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 500000 MED. EXPENSE (Any one person) $ AUTOMOBILE ABATY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE UNIT $ — BODILY INJURY (Per person)— $ BODILY INJURY per accident) $ PROPERTY DAMAGE $ GARAGE LABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS ABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURENCE $ AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS ABILITY THE PROPRIETOR/ INQ PARTNERS/EYECUTIVE OFFICERS ARE: EOM ''..., ' STATUTORY UNITS ... EACH ACCIDENT $ DISEASE - POLICY UMT $ DISEASE - EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED SOLELY AS RESPECTS THE ACTIVITIES OF THE NAMED INSURED AT: SUMMERCHASE PROJECT, NUMBER 598-99-0001, TRACT 24140-2 CERTIFICATE HOLDER City of San Jacinto 201 East Main Street San Jacinto, CA 92583 CANCELLATION SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRIT NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE44O OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING coVERA E, ITO AGENTS 90I RFR ENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH*MCIENNAN, INC ORATE +,F /'' //''(Z( KIWI S/u) VAUD AS OF 3 / 0 9 / 9 5 C fS Cc cate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CI— ..-ERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER THt_ POLICY AND DOES NOT AMEND, EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. 'TIFICATE IS NOT AN INSURANCE This Is to Certify that �RD MOTOR COMPANY AND ITS U.S. SUBSIDIARIES The J.M. Development Company, Inc. WC SECTION, COMPENSATION PLANNING OFFICE FORD WORLD HDOTRS, THE AMERICAN ROAD ROOM 487 DEARBORN MI 48121 Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, tens or condition of any contract or other document with respect to which this certificate may he issued. Name and tR C address of Insured. Nil TYPE OF POLICY WORKERS COMPENSATION GENERAL LIABILITY ❑ OCCURRENCE ❑ CLAIMS MADE EXP. DATE . ❑ CONTINUOUS ❑ EXTENDED El POLICY TERM 9-15-95 RETRO DATE 4- POLICY NUMBER WC2-741-001000-744 LIMIT OF LIABILITY COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS Bodily Injury By 2,000,000 Each Aoadent CA Bodily Injury By Disease 2,000,000 Policy Limit Bodily Injury By Disease 2,000,000 East Person General Aggregate - Other than Products/Completed Products/Completed Operations Bodily Injury and Prooertv Damage Per Occurrence Personal and Advertising Per Person/ Organization Other Other AUTOMOBILE LIABILITY ❑ OWNED 0 NON -OWNED ❑ HIRED Each Accident - Single Lima Each Person Each Accident or Each Accident or OTHER ADDITIONAL COMMENTS Location and Code: Stmtmerchase Tract North #24140-2 Projects # 598990001 •II the certificate expiration date is continuous or extended tens, you will be notified it coverage is terminated or reduced before the certificate expiration date. SPECIAL ORE ES A CLAIM CONTAINING A FALSE ORNT TO DECEPTNE STATEORMEN�NGUILTY G THAT OF INSURANCE FRAUD. IS FACILITATING A TAN INURER, SUBMITS AN NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WLL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICES UNTIL AT LEAST XX DAYS E OF SUCH CANCELLATION HAS BEEN MAILED TO: City of San Jacinto 201 E. Main Street CERTFICATE Ham San Jacinto CA 92583 o.1%/egei Liberty Mutual Insurance Group • AUTHORIZED REPRESENAXL T 03/09/95 ml r NOVI MI L_ —I DATE ISSUED OFFICE ave.. nnn Inv 1 IRFRTY MI ITI IA1 INRI IRANCE GROUP as respects such ifSuferlCe as is afforded by Those Convenes BS 772L 4 Ava:4DA 5' 14 STAFF REPORT TO: FROM: Anna A. Vega, Finance Directo via Pamela S. Easter, City Manager SUBJ: DATE: March 21, 1995 Honorable Mayor and Members of the City Council Agreement for Special Counsel regarding CFD No. 2 Foreclosure proceedings. RECOMMENDATION Authorize the Mayor to sign the agreement for special counsel services for Mello -Roos Tax foreclosure proceedings with Brown, Diven & Hentschke at an hourly rate of $125.00. Miscellaneous expenses such as, overnight delivery, messenger service, appraisal work, filing fees, process server fees, court costs and related expenses, will be paid by the City of San Jacinto Community Facilities District No. 2 delinquent parcels. Total cost shall not exceed $25,000. If additional funds are necessary, staff will request further authorization from the City Council. BACKGROUND The City Council authorized staff to accept proposals for the purpose of providing foreclosure services to the City of San Jacinto Community Facilities District(CFD) No. 2. City Staff and Karen Scott, from the Government Finance Group, interviewed the four firms that submitted proposals. Staff is recommending Brown, Diven & Hentschke for the following reasons: * Familiarity with the bond issue. (Brown, Diven & Hentschke were the bond counsel on the CFD No. 2 Bond issue.) * Familiarity with the foreclosure process. * Hourly rate was lower than the other three firms. * The firm's payment schedule shall be made upon completion of the foreclosure process, except the out- of -pocket expenses addressed under recommendations. * The firm will work with the Government Finance Group for some services which will keep costs down. R KEN _,cigER._ E. HEEsKi Ms. Anna A. Vega Finance Director City of San Jacinto 312 East Main Street San Jacinto, CA 92583 Introduction LAW OFFICES BROWN, DVEN & HENTSCHKE 12770 Hit d J RLLFF DIM E. SE rTF. 40 NE W rt.,RT BEACH !;111551-1915 r, DIEGO, CALIIVIU:Lv 921 i0 LcE.-AN(.;t1F.5 (3111 5S7-I91 S (619)456-1915 F259-0292 February 15, 1995 PROPOSAL TO PROVIDE FORECLOSURE SERVICES TO THE CITY OF SAN JACINTO Brown, Diven & Hentschke is pleased to submit this proposal to provide legal services to the City of San Jacinto, if and as requested, in connection with the collection of delinquent payments of special assessment or special tax installments. We understand the legal services contemplated generally to include foreclosure proceedings against the properties subject to delinquent special assessments or special taxes. Firm Background and Experience Brown, Diven & Hentschke is a nationally recognized bond counsel firm with its subsequent office located in San Diego, California. The firm specializes in the representation of local public agencies as bond counsel or as special counsel with regard to the issuance and administration of tax-exempt municipal bonds and other public finance matters. In this capacity, the firm has represented 7 counties (San Diego, Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara and Ventura), over 60 cities, including the City of San Jacinto, and 30 school districts and special districts. In particular, over the past ten years, Brown, Diven & Hentschke has acted as bond counsel in more than 200 assessment district proceedings in which more than $1,000,000,000 in improvement bonds were issued and in more than 40 community facilities district proceedings in which more than $400,000,000 in special tax bonds were issued. In conjunction with the bond counsel services, we provide continuing legal service for the administration of assessment districts and community facilities districts, including the collection of delinquent special tax and special assessment installments. Collection services typically begin with an attorney's letter to the subject property owner and continue until the full collection of all delinquent amounts, including any applicable penalty, interest and costs, has been accomplished. When required, as part of the collection activity, we commence and diligently pursue foreclosure actions in the Superior Court. Proposal to City of San Jacinto February 15, 1995 Page Two As a result of providing such continuing legal services, the members of the firm have handled hundreds of collections, from the simple to the complex, including foreclosure actions involving bankruptcies, the FDIC or RTC, and federal forfeiture actions. Understanding of the Requirements of the Scope of Work Based upon our understanding of assessment districts and Community Facilities Districts, we believe that we have a unique understanding and comprehension of the scope of work required which cannot be duplicated by other firms. We understand our responsibilities to include, but not be limited to, the following: A. Collection Alternatives. • We would provide advice and recommendations regarding collection strategies, including foreclosure, and alternative methods of payment. B. Legal Services. • Prepare and send demand letters to property owners as directed by the City. • Prepare and file the required documents for foreclosure actions. • Prepare all documents intended to provide notice to subsequent property owners or lien holders of the existence of a foreclosure action to insure compliance with all statutory requirements. • Manage the foreclosure actions and represent the City before all courts. • Interface with property owners and their counsel. C. Additional Legal Services • At the request of the City, we would also provide advice and recommendations regarding communications with bondholders and would draft or review any such communications. Proposal to City of San Jacinto February 15, 1995 Page Three Supervising Attorney The supervising attorney for all proceedings will be Warren B. Diven who serves in that capacity under the firm's current contracts with most of the agencies it represents. Mr. Diven has extensive experience as lead counsel for all types of financing districts and collection proceedings. Mr. Diven will be primarily responsible for orchestrating all services related to the collection of delinquencies. Litigation Attorney Mr. Hentschke will act as the primary litigator in any contested matters which may arise during the prosecution of foreclosure actions. Mr. Hentschke began his litigation career as a trial attorney for the City of San Diego. Since then, Mr. Hentschke has litigated all types of civil actions including judicial foreclosures, eminent domain, land use and public finance cases. Supporting Attorneys Mr. Hessell specializes in public finance law as bond counsel and as tax counsel. His expertise is utilized in foreclosure actions particularly where a defendant wishes to negotiate a payment strategy. Ms. Brewer has experience litigating public law issues. In the past year, she has become increasingly responsible for the day-to-day prosecution of foreclosure actions. Ms. Brewer aggressively pursues collections and has assisted in successfully obtaining judgments where necessary. Fees The firm's policy is to provide quality representation at the lowest practical cost. Brown, Diven & Hentschke agrees to provide the legal services described above in return for the following fees and compensation: Brown, Diven & Hentschke proposes to be paid on a time and materials basis for services related to any collection requested by the client. All attorney time will be billed at an hourly rate of $125.00. Brown, Diven & Hentschke shall bear all ordinary office expenses with the exception of expenses for necessary overnight delivery and messenger service. Extraordinary expenses, such as appraisal work, incurred with the prior approval of the City will be paid by the City. Filing fees, process server fees, court costs and similar expenses are to be paid by the City, although the firm will advance such costs unless other arrangements are made. Proposal to City of San Jacinto February 15, 1995 Page Four The City shall either provide necessary litigation guarantees or it may choose to have Brown, Diven & Hentschke obtain the litigation guarantees and bill the City immediately for such costs. Any such bill is payable upon receipt by the City. In addition, in the event any parcels go to sale, the levying officer's costs shall be paid by the City, although such sums may be advanced by Brown, Diven & Hentschke and billed to the City for immediate payment. In cases involving the filing of litigation, all fees and expenses shall be due and payable upon the earlier of the collection of delinquent payments, the termination of collection efforts at the direction of the City or the termination of the firm as legal counsel to the City in connection with the collection of delinquent payments. Where collections can be accomplished without the filing of litigation, the City will be billed at the hourly rate at the time the delinquency is collected. If the firm provides legal services regarding bondowner communications, the City will be billed on a monthly basis at the hourly rate for services provided during the preceding month. Personnel Qualifications Background and Experience of Firm Personnel WARREN B. DIVEN For the past nine years, Mr. Diven has specialized in public finance law, with emphasis on the following: o Assessment District Bonds; o Community Facilities District Bonds; o Marks -Roos Bonds; o Certificates of Participation; o General Obligation Bonds; and o Municipal Securities Disclosure. Recently, Mr. Diven has advised several issuers regarding potential defaults on assessment district and community facilities district bonds. He also participated as a panelist at the League of California Cities December 1994 Financial Management Seminar in a session titled "Assessment Districts Gone Bad." Mr. Diven spoke on the judicial foreclosure action and real property sale. Mr. Diven received his B.A. degree from Kenyon College in Gambier, Ohio in 1967, and his law degree (J.D. with Scholastic Merit) from Western State University of Law, San Diego in 1976. Proposal to City of San Jacinto February 15, 1995 Page Five DANI L S. HENTSCHKE Mr. Hentschke is currently the City Attorney for the cities of Oceanside and Solana Beach. In addition, Mr. Hentschke acts as general counsel for Solana Beach Sanitation District and Solana Beach Redevelopment Agency. Mr. Hentschke started his career with the San Diego City Attorney's Office in 1977. He was Assistant City Attorney for the City of Carlsbad from 1979 to 1986, when he became City Attorney for the City of Solana Beach. Mr. Hentschke is also active in the California League of City Attorneys and is currently serving as second vice-president of the League as well as Co - Chair of the Municipal Law Handbook Steering Committee. Mr. Hentschke graduated with high honors from the University of California, Santa Barbara in 1974. He received his law degree from University of the Pacific/Mc George School of Law in 1977 (J.D. with Distinction). ROBERT E. HESSELL Mr. Hessell also specializes in public finance law as both bond counsel and as tax counsel. He gained 8 years experience in both capacities in Mississippi and Arizona prior to joining Brown, Diven & Hentschke in 1990. Additionally, Mr. Hessell has litigation experience as general counsel, special counsel and prosecutor for public agencies. Mr. Hessell received a B.A. degree (with honors) from the University of California, Berkeley in 1975, a law degree (J.D.) from the University of California, Hastings College of the Law in 1978 and a masters degree in taxation (L.L.M.) from the University of Alabama in 1983. CELIA A. BREWER Ms. Brewer focuses primarily on litigation related to the firm's public law practice. Ms. Brewer has worked in close conjunction with Mr. Hentschke on litigation relating to land use, CEQA and special finance districts. In the past year, she has become instrumental in prosecuting foreclosure actions. Ms. Brewer received a B.A. (with honors) in urban planning from the University of California, San Diego in 1990, and a law degree (J.D.) from University of San Diego School of Law, San Diego in 1993. Prior to her admission to the bar, Ms. Brewer, was employed as a law clerk with Brown, Diven & Hentschke, working on a variety of municipal law and public finance issues. During law school Ms. Brewer served as an intern for both the Center of Public Interest Law and the Environmental Law Clinic. SPECIAL COUNSEL AGREEMENT 1. The undersigned, City of San Jacinto, ("City") hereby engages Brown, Diven & Hentschke ("Brown, Diven & Hentschke") to perform the legal services with respect to representation of the City in the collection of delinquent assessments and special taxes including, where necessary, the initiation and prosecution of judicial foreclosure proceedings, on the terms and conditions set forth herein. The scope of such legal services may be expanded or contracted by written or oral communications confirmed in writing during the course of the engagement. 2. Warren B. Diven will be the Brown, Diven & Hentschke lawyer in charge of this engagement and responsible for all matters subject to this agreement. Mr. Diven will be assisted by Celia A. Brewer and Robert E. Hessell. Daniel S. Hentschke will represent the City in any foreclosure trial and provide litigation support. All legal services will be compensated at the rate of $125.00 per hour for attorneys of the firm. 3. Unless a different billing period is agreed upon with the City, Brown, Diven & Hentschke will be render a statement as to both fees and disbursements not previously reimbursed upon the earlier of the collection of the delinquent assessments or special taxes, termination of a specific foreclosure action or termination of the firm as legal counsel in connection with the collections. The statement shall be payable upon receipt. 4. The City shall provide the necessary litigation guarantee, or in the alternative, Brown, Diven & Hentschke will at the request of the City obtain the litigation guarantee and upon receipt immediately bill the City for such expense, such bill to be payable upon receipt. In addition, in the event the parcel goes to foreclosure sale, the levying officer's costs shall be paid by the City, although such sums may at the request of the City be advanced by Brown, Diven & Hentschke and billed to the City for immediate payment. 5. The City shall bear the ordinary costs reasonably necessary for the representation to be provided hereunder, including, but not limited to, fees for process servers, document service and recording, certification of documents, investigation, court filing fees, court reporters, deposition transcripts, computerized research and other computerized services, extraordinary postage, air freight, overnight delivery and messenger services. These will be billed with attorneys fees as set forth in paragraph 3 above. 6. Brown, Diven & Hentschke hereby undertakes to diligently perform legal services described above. Although Brown, Diven & Hentschke will perform its professional services on the City's behalf to the best of its attorneys abilities, it cannot make and has not made any guarantees regarding the outcome. Expressions about the outcome of the matter are professional estimates only, and are limited by the knowledge at the time those expressions are made. 1 7. The City, and its respective departments, officers and employees shall provide to Brown, Diven & Hentschke any and all information which may be reasonably necessary for the performance of Brown, Diven & Hentschke's responsibilities, its cooperation in any fashion with Brown, Diven & Hentschke to perform its responsibilities and to comply with covenants and conditions contained therein. 8. This fee agreement may be executed in counterparts, which together will constitute the entire agreement. 9. City hereby determines that this agreement does not create a relationship requiring disclosure of financial interests pursuant to any City Local Conflict of Interest Code and that neither Brown, Diven & Hentschke, or any of the members thereof, are, by reason of this agreement, public officials of the City, consultants or designated employees of the City as those terms are used in any City Local Conflict of Interest Code or in the California Political Reform Act. CITY OF SAN JACINTO DATED: By: BROWN, DIVEN & HENTSCHKE DATED: By: Warren B. Diven 2 4 c Avi& NiDA 1D. STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: March 21, 1995 SUBJECT: RESOLUTIONS APPROVING SALE OF REDEVELOPMENT AGENCY LAND NEIGHBORHOOD Heritage RECOMMENDATION Staff recommends that: 1. City Council adopt the attached Resolution for the approval of the sale of Redevelopment Agency Property, with findings; and 2. Redevelopment Agency adopt the attached Resolution for the approval of the sale of Redevelopment Agency Property and the approval of the Disposition and Development Agreement with Habitat for Humanity, Hemet/San Jacinto, Inc. BACKGROUND SALE OF PROPERTY REPORT .45 ACRES - BROWN STREET 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: 11- City Council Staff Report March 21, 1995 Page No. 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. 2. The estimated value of interest to be conveyed or leased, determined at the highest and best uses permitted under the plan. 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. 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 March 8, 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: AGENCY 1. The Agency will convey the subject property to the Developer at no cost. Property shall be reconveyed to the Agency at no cost, other than escrow charges, if Developer fails to perform in accordance with the Agreement. 2. Agency is providing the property with all off -sites in place, with the Developer responsible for the individual building pads and on -site infrastructure construction. 3. Agency is providing the financing for the construction of the homes from a combination of Agency and HOME funds. DEVELOPER 1. Requires the Developer to construct three homes, per the plans and specifications, that are a part of the Agreement and subject to modification as approved by Staff. City Council Staff Report March 21, 1995 Page No. 3 2. Makes the Developer responsible for marketing, securing qualified buyers, and selling each of the individual homes. 3. Requires the Developer to construct the homes within the established budget, and market each individual home for eventual sale. 4. Establishes a performance time schedule that must be met by the Developer. Failure to meet the time schedule can, at the sole discretion of the Agency, lead to termination of the Agreement. This schedule is as follows: a. Complete the construction of the three units within one hundred and eighty (180) calendar days from the issuance of the necessary building permits from the City. b. Complete the sale of at least one of the constructed homes on the Site within ninety (90) calendar days following the completion of construction and issuance of Certificates of Occupancy for the home constructed. c. Complete the sale of all of the homes within one -hundred and fifty (150) calendar days following the completion of construction and issuance of Certificates of Occupancy for three homes constructed. 5. Requires the Developer to maintain insurance for the protection of the Agency and to insure the homes and site from fire and vandalism during the course of construction. 6. Requires the Developer to reinvest the proceeds from each individual sale on another housing project in the City. At the joint public hearing, if the Agency board and the City Council approves the sale and the board approves the Disposition and Development Agreement, the Agency Board and the City Council must adopt Resolutions that contain the following findings: 1. That the sale or lease of the property will assist in the elimination of blight; and, 2. 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. City Council Staff Report March 21, 1995 Page No. 4 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 three low and moderate income ownership homes on the subject site; 1. Land Acquisition $30,000.00 2. Relocation Cost $.00 3. Site Development $55,000.00 4. Loan/Bond Interest $.00 5. Off -Site Infrastructure $11,200.00 6. Development Fees $47,000.00 TOTAL $143,200.00 The vacant property was acquired from a private owner. The site was clear of structures and there were no relocation costs. The Agency recently completed infrastructure adjacent to the proposed site of the three single family homes. The construction is part of a larger project that includes the renovation and upgrading of public improvements in the Brown and Second Street Target Neighborhood. There is a Federal HOME Grant ($150,000) and Agency financing ($55,000) going to the developer for the construction of homes on this site. If the developer is unable to sell the homes, the unsold homes and the property will revert to the Agency. Factor 2 - Estimated Value of Conveyance - Highest and Best Use The property was originally purchased by the Agency in July, 1993, from private owners. The purchase price was $30,000.00. The property was zoned R-2 and can be used for both single-family and duplex construction 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 for R-2 uses, the property would be sold for the original purchase price of $30,000.00. City Council Staff Report March 21, 1995 Page No. 5 Factor 3 - Estimated Value of Conveyance - Designated Use The Redevelopment Agency of the City of San Jacinto is committed to the provision of low and moderate income housing with an emphasis on home ownership. The subject property was originally purchased as part of this commitment and the requirement to construct low and moderate income housing pursuant to State Redevelopment Law. The site is also within the Brown and Second Street Target Neighborhood. Purchase of this property was part of the comprehensive strategy for the revitalization of this area through the provision of affordable housing. Based on the preponderance of rental units within the Brown and Second Street Model Neighborhood (over 60% renter occupied), the previous concerns expressed by surrounding residents when rental unit construction was proposed for a site across the street, and the desire to create home ownership opportunities, the Agency elected to encourage the development of single-family homes on the site. This commitment to the construction of three conventional single-family homes, rather than construction of a denser rental project, has resulted in higher project costs. For example, the public infrastructure and on -site costs for a lesser number of units are basically the same as the costs for a rental project. Additionally to maintain affordability and attract buyers into the neighborhood, the price of the homes is significantly below the market price for new single family homes in San Jacinto. In the Brown Street area, a 1,200 square foot, 3 bedroom home would have a market price of about $76,000. The smallest home, which is 1,199 square feet, in this development will have a market price of $75,900. The actual sales price of the three bedroom homes will be approximately $70,000.00. The market price for a 4 bedroom home in this area would be about $90,000. The 4 bedroom home in this development will have a market price of $88,000. The actual sales price of the 4 bedroom home will be about $79,000. The difference between the actual and market prices for the homes will be in the form of a second trust deed, in favor of and administered by Habitat for Humanity. This need to provide homes below market price and to maintain affordability is reflected in Attachment No. 6, Construction Budget, of the Disposition and Development Agreement between the Agency and Habitat for Humanity, Hemet/San Jacinto. This attachment shows that in order to meet the pricing and affordability commitments set in the sales prices for the homes, the land price and site improvement cost must be given a zero value. However, if the cost of the land and the off -site infrastructure improvements are included, the units would range in price from $89,000.00 to $93,000.00. City Council Staff Report March 21, 1995 Page No. 6 To insure affordability and prevent speculation buying for quick and excessive profit, the Agency has established set sales prices, required the completed homes to be owner occupied, and that homes can only be resold to households that meet the low and moderate income standards set by the state. Additionally, these homes have covenants, conditions, and restrictions that mandate property maintenance standards above what would be required and enforced within a comparable market rate single family development. To protect the Agency because of the zero value conveyance, the Disposition and Development Agreement provides very stringent time frames for the developer. All of the homes must be sold within 330 calendar days from the issuance of permits for the construction of the homes. If the developer fails to meet this commitment, the unsold homes and the site revert to the Agency. The developer's proceeds regardless of the sales price of the homes and/or cost savings during the construction process, is to be reinvested on a per dollar basis back into San Jacinto. Based on the information provided above, our conclusion is that the land value conveyed with development restrictions, CC&Rs and with price limitations is zero. Factor 4 - Elimination of Blight Based on a windshield survey, consideration of the Brown and Second Street area with city staff, and review of the goals of the San Jacinto Redevelopment Project, it was determined that establishment of the Brown and Second Street Model Neighborhood would be appropriate to meet the objectives of the Redevelopment Plan. This residential area was considered to be one of the most dilapidated, and needed the most renovation. The neighborhood prior to the construction of the eight lot project and infrastructure development was characterized with the following blighting conditions: No sidewalks, curbs and gutter along most of the existing streets. Large concentration of rental units with limited home ownership. Many of the residential units showing minimum and deferred maintenance. Deteriorating street pavement. Several large vacant lots being utilized for illegal dumping, but suitable for development. City Council Staff Report March 21, 1995 Page No. 7 Lack of adequate public infrastructure to service new development. Unattractive and deteriorating school fencing, and school storage structure. No access to the elementary school from the residential neighborhood. Lack of public park area for recreational purposes. It was determined that a four-part effort would be conducted within the model neighborhood. These efforts were as follows: 1. Construct public infrastructure that benefits existing housing units, and provides an opportunity for new residential construction; and, 2. Provide low and no -interest loans and grants to existing home owners, renter, and owners of rental units to encourage the renovation of existing residential units; and, 3. Work in a cooperative effort with the San Jacinto Unified School District to provide improvements to the existing elementary school site that would provide joint recreational, and open space opportunities to the surrounding neighborhood; and, 4. Acquire property and construct new residential units on the two vacant lots in the neighborhood to encourage home ownership and increase pride in the neighborhood. The subject site that is being conveyed to Habitat for Humanity, Hemet/San Jacinto, and will be used for the construction of three single family homes will meet the fourth part of the coordinated efforts to remove blight from the area. H:\CCRPT-95\CONVEY3.LOT 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 WHEREAS, the San Jacinto Redevelopment Agency (the "Agency") wishes to encourage the construction of housing for low and moderate income households; and, WHEREAS, the San Jacinto Redevelopment Agency owns an approximately 20,000 square foot lot on Brown Street (the Subject Property) within the Brown and Second Streets Model Neighborhood suitable for the construction of such housing. WHEREAS, the Agency proposes to convey the Subject Property to Habitat for Humanity, Hemet/San Jacinto, Inc., (the Developer) per an approved Disposition and Development Agreement between the Agency and the Developer to provide for the construction of affordable housing; and WHEREAS, California Community Redevelopment Law requires the preparation of a report documenting the necessity of the Agency to convey the Subject Property, which was originally purchased using tax increment monies, to the Developer; and WHEREAS, the City Council of the City of San Jacinto must approve the conveyance by the Agency, pursuant to Section 33433 of the Health & Safety Code, and WHEREAS, a public hearing, duly published and noticed, was held on March 21, 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 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 adoption by the Agency. Section 2. The City Council hereby finds as true, the content and representations of the report of the Agency's Director of Community Development, a copy of which is attached hereto. In furtherance thereof, the Council specifically makes the following findings: a. The conveyance of the within described property as proposed in the DDA 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 21 st day of March, 1995, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk By: Deputy City Clerk H: \ti m \re so \3lotco nv. re s REDEVELOPMENT AGENCY RESOLUTION NO. A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY AUTHORIZING THE SALE OF REAL PROPERTY WITHIN THE SAN JACINTO REDEVELOPMENT PROJECT PURSUANT TO DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, the San Jacinto Redevelopment Agency (the "Agency") wishes to encourage the construction of housing for low and moderate income households; and, WHEREAS, the San Jacinto Redevelopment Agency owns an approximately 20,000 square foot lot on Brown Street (the Subject Property) within the Brown and Second Streets Model Neighborhood suitable for the construction of such housing. WHEREAS, the Agency proposes to convey the Subject Property to Habitat for Humanity, Hemet/San Jacinto, Inc., (the Developer) pursuant to a Disposition and Development Agreement between the Agency and the Developer to provide for the construction of affordable housing; and WHEREAS, California Community Redevelopment Law requires the preparation of a report documenting the necessity of the Agency to convey the Subject Property, which was originally purchased using tax increment monies, to the Developer; 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 & Safety Code, and WHEREAS, a public hearing, duly published and noticed, was held on March 21, 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 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 2. The City Council hereby finds as true, the content and representations of the report of the Agency's Director of Community Development, a copy of which is attached hereto. In furtherance thereof, the Agency specifically makes the following findings: a. The conveyance of the within described property as proposed in the DDA 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 21 st day of March, 1995, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: Agency Chairperson ATTEST: By: Agency Secretary H: \tim\reso\3lotconv. rda DISPOSITION AND DEVELOPMENT AGREEMENT (Low and Moderate Income Single -Family Unit Housing Project) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO AND HABITAT FOR HUMANITY, HEMET/SAN JACINTO, INC. TABLE OF CONTENTS 1. SUBJECT OF AGREEMENT 1 1.1 Public Purpose c' this Agreement 1 1.2 The Redevelopment Plan 1 1.3 The Project Area 1 1.4 Housing Resolutions 1 1.5 The Site 2 1.6 Parties to the Agreement 2 1.6.1 The Agency 2 1.6.2 The Developer 2 1.7 Prohibition Against Change in the Ownership, Management and Control of Developer 2 2. DISPOSITION OF THE SITE 2 2.1 Escrow 3 2.2 Conveyance of Title and Delivery of Possession 4 2.3 Form of Deed for the Conveyance(s) 4 2.4 Condition of Title 4 2.5 Time for and Place of Delivery of Grant Deed 5 2.6 Recordation of Documents 5 2.7 Title Insurance 5 2.8 Taxes and Assessments 5 2.9 Occupants of the Site 5 2.10 Condition of the Site 5 2.11 Conveyance to Eligible Persons and Families 6 3. DEVELOPMENT OF THE SITE BY DEVELOPER 6 3.1 Scope of Development 6 3.2 Construction Drawings and Related Documents 6 3.3 Cost of Construction 7 3.4 Construction Schedule 7 3.5 Bodily Injury and Property Damage Insurance 7 3.6 City and Other Governmental Agency Permits 8 3.7 Environmental Impact Report 8 3.8 Antidiscrimination During Construction 8 3.9 Local, State and Federal Laws 8 3.10 Right of Access 9 3.11 Taxes, Assessments, Encumbrances and Liens 9 3.12 Prohibition Against Transfer of the Site, the Buildings and Structures Thereon and Assignment of Agreement 9 3.13 Granting of Mortgage, Deed of Trust, Sale and Lease -Back Financing 9 3.14 Holder Not Obligated to Construct Improvements 9 3.15 Notice of Default to Mortgage or Deed of Trust Holders: Right to Cure 9 3.16 Failure of Holder to Complete Improvements 10 3.17 Right of the Agency to Cure Mortgage or Deed of Trust Default 10 3.18 Rights of the Agency to Satisfy Other Liens on the Site After Title Passes 11 3.19 Certificate of Completion 11 4. USE OF THE SITE 11 4.1 Affordable Housing 11 4.2 Sale of Restricted Units 13 4.3 Restriction on Transfer by Sale of the Restricted Property or Any Restricted Unit 14 4.4 Process to Complete First Transfer by Sale of Restricted Units by Developer 14 4.5 Process to Obtain Approval of Transfer of a Restricted Unit After the First Transfer by Developer 16 4.6 Covenants of Owner 17 4.7 Uses in Accordance with Redevelopment Plan: Nondiscrimination 18 4.8 Effect and Duration of Covenants 18 5. SALES PRICE OF HOMES 18 5.1 Sales Price 18 5.2 Real Estate Commissions 18 5.3 Disbursement of Home Sale Proceeds 19 6. DEFAULTS, REMEDIES AND TERMINATION 19 6.1 Applicable Law 19 6.2 Termination by Developer 19 6.3 Termination by Agency 19 6.4 Institution of legal Actions 20 6.5 Acceptance of Service of Process 20 6.6 Rights and Remedies Are Cumulative 20 6.7 Damages 20 6.8 Specific Performance 20 7. GENERAL PROVISIONS 21 7.1 Notices, Demands, Communications Between the Parties 21 7.2 Conflict of Interest 21 7.3 Non -liability of Agency and City Officials and Employees 21 7.4 Extension of Times of Performance and Delays 21 7.5 Inspection of Books and Records 21 7.6 Plans and Data 21 7.7 Approval 22 8. SPECIAL PROVISIONS 22 8.1 Submission of Documents for Approval 22 8.2 Redevelopment Plan and Amendments to the Redevelopment Plan 22 8.3 Amendments to this Agreement 22 8.4 Entire Agreement, Waivers and Amendments 22 8.5 Time for Acceptance of Agreement by Agency 23 3. MISCELLANEOUS PROVISIONS 23 9.1 Entire Agreement 23 9.2 Severability 23 9.3 Interpretation and Governing Law 23 9.4 Section Headings 23 9.5 Singular and Plural 23 9.6 Time of the Essence 23 9.7 Waiver 24 9.8 No Third Party Beneficiaries 24 9.9 Mutual Covenants 24 9.10 Counterparts 24 9.11 Jurisdiction and Venue 24 9.12 Eminent Domain 24 9.13 Agent for Service of Process 24 9.14 Authority to Execute 25 9.15 Incorporation by Reference 25 9.16 Hold Harmless 25 9.17 Warranty Against Payment of Consideration for Agreement 25 9.18 Term 25 ATTACHMENTS: NO. 1 - Site Map NO. 2 - Legal Description NO. 3 - Scope of Document NO. 4 - Construction Drawings NO. 5 - Grant Deed NO. 6 - Construction Budget NO. 7 - Declaration of Conditions, Covenants and Restriction NO. 8 - Schedule of Performance NO. 9 - Insurance NO. 10 - Certificate of Completion NO. 11 - Maximum Sales Price Illustration NO. 12 - Certificate of Proposed Transferee NO. 13 - Notice of Intent to Transfer NO. 14 - Request for Approval of Proposed Transferee NO. 15 - Assumption Agreement DISPOSITION AND DEVELOPMENT AGREEMENT (Low and Moderate Income Single -Family Housing Unit Project) THIS AGREEMENT is entered into on this day of , 1995, by and between the Redevelopment Agency of the City of San Jacinto (hereinafter referred to as "Agency') and Habitat for Humanity, Hemet/San Jacinto, Inc., (hereinafter referred to as the "Developer"). Agency and Developer hereby agree as follows: 1. SUBJECT OF AGREEMENT 1.1 Public Purpose of this Agreement The Purpose of this Agreement is to effectuate the Redevelopment Plan (the "Redevelopment Plan") for San Jacinto Redevelopment Project Area (the "Project Areal by providing for the revitalization of a portion of the Project Area. The proposed project shall encourage the development of a three unit low income single family housing project with the units being intended for occupancy by low income families. All of the units constructed shall be offered for sale to low income families. Implementation of this Agreement will increase and improve the community's supply of low and moderate -income housing available at affordable housing costs and will implement the requirements of the California Community Redevelopment Law for low and moderate -income housing. Pursuant to this Agreement a certain portion of the Project Area, hereinafter identified as the Site (as the terms are hereinafter defined), shall be developed and improved by the Developer in accordance with the terms of this Agreement. The disposition and development of the Site and the occupancy of the units, as developed, by households of limited incomes, as provided in this Agreement, are in the vital and best interests of the City of San Jacinto (the"City") and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. 1.2 The Redevelopment Plan The "Redevelopment Plan" has been approved and adopted by the City of San Jacinto (hereinafter referred to as "City") by Ordinance No. 754 on June 28, 1983, which Ordinance and Redevelopment Plan are incorporated herein by reference and made a part hereof as though fully set forth herein. 1.3 The Proiect Area The "Project Area" is located in the City, the exact boundaries of which are specifically described in Ordinance. 1.4 Housing Resolutions This agreement is subject to the provisions of the Housing Resolutions adopted by the Agency and the legislative body of the City. Page No. 1 1.5 The Site Redevelopment Agency represents and covenants that it is the owner of fee simple title to certain real property (the"Site) which is that portion of the Project area shown generally on the Site Map attached hereto as Attachment No.1 and having the legal description set forth in Attachment No.2. The Site consists of one parcel of land as shown on the Site Map, located within the Brown/Second Street Demonstration Neighborhood. Agency desires and Developer is prepared to develop the Site for residential uses, consisting of three single-family homes, which will result in the creation of low income housing opportunities and increase in the valuation of real property and development of property tax increment thereby, and general improvement to the public welfare. 1.6 Parties to the Agreement 1.6.1 The Agency. The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California (Health and Safety Code Section 3100 et seq.). The principal office of Agency is located at 201 East Main Street, San Jacinto, CA 92563. "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. 1.6.2 The Developer. The Developer is a not for -profit corporation, incorporated under the laws of the State of California. The mailing address of the Developer is P.O. Box 1574, San Jacinto, CA 92581. 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 Developer and the permitted successors and assigns of the Developer according to their term and application. Wherever the term "Developer" is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. 1.7 Developer. The qualifications and identity of Developer are of particular concern to Agency. It is because of those qualifications and identity that Agency has entered into this Agreement with Developer. No voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. Except as provided In other Sections herein, Developer shall not assign all or any part of this Agreement without the prior written approval of Agency. The Developer shall at all time remain a valid corporation in good standing in the State of California during the term of this Agreement and shall have a valid state contractors license that allows the Developer to complete the construction work described within this Agreement. 2. DISPOSITION OF THE SITE With respect to the Site, the Agency shall convey to the Developer fee simple marketable title to the site, subject to the covenants as specified in Attachment No. 5 (Grant Deed), at no cost of the Developer. Prohibition Against Change in the Ownershio.Management and Control of Page No. 2 This determination of value for the property is based on the Agency's desire to encourage the construction of affordable housing in Downtown San Jacinto and encourage the revitalization of the Brown and Second Streets model neighborhood. The zero value for the Site is reflected in Attachment No. 6 (Construction Budget). 2.1 Escrow The Agency agrees to open and escrow (the "Agency Conveyance Escrow") with Chicago Title Company (the "Escrow Agent"), on the first business day following approval of this Agreement. This Agreement constitutes the joint basic escrow instructions of the Agency and the Developer for the Agency Conveyance, and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the Agency Conveyance Escrow. The Agency and the Developer shall provide such additional escrow instruction as shall be necessary for and consistent with this Agreement. The Escrow Agent is hereby empowered to act under this Agreement, and the Escrow Agent, upon indicating within five (5) days after the opening of the Agency Conveyance Escrow its acceptance of the provisions of this Section 2, in writing, delivered to the Agency and the Developer, shall carry out its duties as Escrow Agency hereunder. Upon delivery of the Grant Deed (as hereafter defined) to the Escrow Agency by the Agency pursuant to Section 2.1 of this Agreement, the Escrow Agent shall record such deed when title can be vested in the Developer in accordance with the terms and provisions of this Agreement. The Escrow Agency shall pay any applicable transfer tax. Any insurance policies covering the Site are not to be transferred. The Agency shall pay into the Agency Conveyance Escrow the following fees, charges and costs promptly after the Escrow Agent has notified the Agency of the amount of such fees, charges and costs: 1. The Escrow fee; and 2. Cost of drawing the Grant Deed (Attachment No. 5); 3. Recording fees; 4. Notary fees; 5. The Premium for the title insurance policy;and 6. Any transfer tax and any state, county or city documentary stamps;and 7. Ad Valorem taxes and assessments, if any. The Agency shall timely and properly execute, acknowledge and deliver a deed in substantially the form of the "Grant Deed" (which is attached to this Agreement as Attachment No. 5 and is incorporated herein). The Escrow Agent is authorized to: 1. Pay and charge the Agency for any fees, charges and costs payable under this Section 2.1. Before such payments or charges are made, the Escrow Agent shall notify the Agency of the fees, charges and costs necessary to clear title and close the Agency Conveyance Escrow. 2. Disburse funds and deliver the Grant Deed (Attachment No. 5) and other documents to the parties entitled thereto when the conditions of this Agency Conveyance Escrow have been fulfilled by the Agency and the Developer. 3. Record any instruments delivered through this Agency Conveyance Escrow, if necessary and proper, to vest title in the Developer in accordance with the terms and provisions of this Agreement. Page No. 3 All funds received in this Agency Conveyance Escrow shall be deposited by the Escrow Agent, with other escrow funds of the Escrow Agent in an interest -earning 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 general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent. All adjustments are to be made on the basis of a thirty (30) day month and a 360 day year. If this Agency Conveyance Escrow is not in condition to close on or before fourteen (14) days following approval of this Agreement, either party who then shall have fully performed the acts to be performed before the conveyance of title may, in writing, demand from the Escrow Agent the return of its money, papers or documents deposited with the Escrow Agent. No demand for retum shall be recognized until five (5) days after the Escrow Agent shall have mailed copies of such demand to the other party or parties in accordance with Section 1.6 hereof. Objections, if any, shall be raised by written notice to the Escrow Agent and to the other party within the five (5) day period, in which event the escrow Agent is authorized to hold all money, papers and documents until instructed by a mutual agreement of the parties or by a court of competent jurisdiction. If no such demands are made, the Agency Conveyance Escrow shall be closed as soon as possible. Any amendment to these escrow instructions shall be in writing and signed by both the Agency and the Developer. 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 Developer shall be directed to the addresses and in the manner established in Section 1.6 of this Agreement for notices, demands and communications between the Agency and the Developer. The liability of the Escrow Agent in the capacity as escrow holder with respect to the Agency Conveyance is limited to performance of the obligations imposed upon it under this Section 2.1 and Section 2.5 thorough to 2.8, inclusive, of this Agreement. 2.2 Conveyance of Title and Delivery of Possession Subject to any extensions of time mutually agreed upon in writing between Agency and the Developer, the Agency Conveyance(s) shall be completed on or prior to fourteen (14) days following approval of this Agreement. Possession shall be delivered to the Developer concurrently with the conveyance of title. 2.3 Form of Deed for the Conveyance(s) The Agency shall convey to the Developer title to the Site by grant deed substantially in the form of the Grant Deed attached hereto as Attachment No. 5 and incorporated herein by reference. 2.4 Condition of Title The Agency shall convey to the Developer fee simple marketable title to the Site, and said title shall be subject to those encumbrances and limitations is effect as of the acquisition of title by the Agency, as well as the Redevelopment Plan, and the provisions contained in the Grant Deed (Attachment No. 5) and the Declaration of Conditions, Covenants and Restrictions (Attachment No. 7). It is the mutual intention of the parties that the condition of title shall be compatible with and not preclude development of the improvements and the Developer shall review exceptions to title prior to and as a condition to close of the Agency Conveyance Escrow consistent with the foregoing. Page No. 4 The parties shall act reasonably in evaluation of any exceptions to title and shall act diligently and promptly to conform the condition of title to that required for the Developer to proceed with development of the Improvements. 2.5 Time for and Place of Delivery of Grant Deed Subject to any mutually agreed -upon extension of time, the Agency shall deposit the Grant Deed (Attachment No. 5) with the Escrow Agent on or before fourteen (14) days following approval of this Agreement. 2.6 Recordation of Documents The Escrow Agent shall file the following documents for recordation among the land records in the Office of the County Recorder for Riverside County: Grant Deed (Attachment No. 5), and Declarations of Conditions. Covenants and Restrictions for the Site (Attachment No. 7). 2.7 Title Insurance Concurrently with recordation of the Grant Deed (Attachment No. 5) conveying title to the Site the Chicago Title Company shall provide and deliver to Developer a title insurance policy issued by the Title Company insuring that the title to the Site is vested in Developer in the condition required by Section 2.4 of this Agreement. The Title Company shall provide the Agency with a duplicate of a standard CLTA policy title insurance policy with an endorsement naming the Agency as an additional insured thereunder. The Agency shall bear the cost of said title insurance policy. 2.8 Taxes and Assessments Ad valorem taxes and assessments, if any, on the Site levied, assessed or imposed for any period commencing prior to the applicable conveyance of title or possession, shall be borne by the Agency, and any such taxes and assessments imposed after the Agency conveyance of title shall be borne by the Developer. 2.9 Occupants of the Site Possession of the Site shall be delivered to the Developer and title shall be conveyed to it with no occupants and free and clear of all rights of possession by others. /10 Condition of the Site To the best of the actual knowledge of the Agency, there is no subsurface zone hazardous material, waste, or contamination in, on, or under the Site conveyed by the Agency to the Developer, in which case the Developer pursuant to this Agreement, or any portion thereof, which would preclude or substantially impair the development of the Site consistently with this Agreement. Developer, including any and all of its successors in interest, and assigns, acknowledges and agrees it shall be responsible for any release, excavation, pr movement of any hazardous material, waste, or contamination of subsurface zone as may exist on the date of the Agency Conveyance with respect to the Site and for any and all additional hazardous material,waste, or contamination or release of such materials with respect to the Site occurring on or after the date of the Agency Conveyance. Page No. 5 With respect to the Site and the development thereof, Developer shall comply with CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) 42 U.S.C. 9601, et seq., and with the California Environmental Quality Act (CEQA), California Health and Safety Code 25100 et leg., 25300, et seg., 25280 et seq. Except as expressly set forth in the first paragraph of this Section,Developer, including any and all of its successors in interest, agrees to an shall indemnify, defend, and hold the Agency and the City and their officers, employees, and agents harmless from and against all expenses (including,without limitation, reasonable attorneys' fees and disbursements), losses, or liabilities, including any liability,loss or claim raised under CERCLA, suffered by Agency of City by reason of govemmental action or third party claims arising out of any claim or loss alleged to have arisen out of any hazardous material, waste, or contamination, exacerbation, movement, release, or additional contamination on the Site or any part thereof. The Developer assumes all responsibility for subsurface zone conditions and soils conditions on the Site, and for any rehabilitation, removal or other preparation of the Site necessary for the provisions of the Improvements;p and the Agency makes no representations or warranties conceming the Site, their suitability for the use intended by the Developer, or the surface or subsurface conditions of the Sites; and if the soil conditions of the Sites are not in all respects entirely suitable for the use or uses to which the Sites will be put, then it is the sole responsibility and obligation of Developer to take such action as may be necessary to place the Sites in a condition entirely suitable for the development of the Site. This is expressly agreed between the parties to this Agreement to be a material term of this Agreement. Prior to the close of Agency Acquisition Escrow, the Developer shall exercise due diligence and conduct or caused to be conducted an environmental assessment or audit of the Site to ascertain whether it is in all respects suitable for the construction and completion of the Improvements. Developer shall further conduct any other inspection of the Site necessary to determine the suitability of the Site for the proposed development prior to the close of the Acquisition Escrow. Nothing in this Section is intended to waive any claim or right the Developer may have against any person or entity, other than the Agency or the City, relating to the physical condition of the Sites. 2.11 Conveyance to eligible Persons and Families At such time as the Developer conveys Site to Eligible Persons and Families, it shall assure that the Conditions, Covenants and Restrictions (Attachment No. 7) remain of second seniority to the lien of any financing. The conveyances of Site shall be accomplished by Grant Deed which sets forth the affordability and nondiscrimination provisions set forth in the Grant Deed (Attachment No. 5). all escrow instructions for such conveyances shall conform to this Section. 3. DEVELOPMENT OF THE SITE BY BUILDER 3.1 Scope of Development The Site shall be developed in accordance with and within the limitations established in the Redevelopment Plan as it now exists or is hereafter amended consistent with the provisions of this Agreement, and in accordance with Attachment No. 3, Scope of Development. 3.2 Construction Drawings and Related Documents Developer shall construct the three single-family homes per the attached Construction Drawings (Attachment No. 4), prepared by Jeff Hardy, Architect. Construction shall be pursuant to the requirements in Attachment No. 3, Scope of Development. If any revisions or corrections shall be required by Agency, City or any other official agency, department or bureau of City or any other governmental agency having jurisdiction, Developer and Agency shall cooperate in efforts to comply with Page No. 6 such revisions or corrections, to obtain waiver of such requirements, or to develop a mutually acceptable alternative. If no such alternative is developed,Developer shall be bound by such revisions or corrections. Additionally, the Developer shall follow the final grading plans prepared by James Unland and Associates and the public improvement plans related thereto. 3.3 Cost of Construction The cost of developing the Site and construction of all improvements hereon shall be borne by the Agency, in an amount not to exceed $204,055.00. No third party is intended to be a beneficiary of this section. The Agency will provide funds, directly to the selected contractor of the Developer, for the following project expenditures: Fees Direct Construction Finished Area Improvements - On -Site Indirect Construction Costs Final Costs General Administration Contingency The detail breakdown for each of the major cost expenditures is provided in Construction Budget prepared by AA Chamberlain and Associates (Attachment No. 6), the contractor selected by the Developer. All disbursements of funds from the Agency to the contractor shall be based on approved invoices by the Developer, with the Agency also reviewing all invoices of the contractor, related thereto. 3.4 Construction Schedule Developer shall begin and complete all construction and development for the Site consistent with the Construction Drawings for the Project. The Developer shall begin and complete all construction and development within the times specified in Attachment No. 8 or such reasonable extension of said dates as may be granted in writing by Agency. The Schedule of Performance is subject to revision from time -to -time as mutually agreed upon in writing between Developer and Agency. All construction shall be done in accordance with the General Plan and all applicable zoning and building ordinances for the City of San Jacinto. 3_5 Bodily Iniury and Property Damage Insurance During the period commencing with any preliminary work by the Developer on the Site and until such time as the Agency has issued a Certificate of Completion with respect to the construction of the improvements thereon, the Developer agrees to and shall indemnify and hold the Agency, its officers, directors, agents, servants, employees, and contractors harmless from and against all liability, loss, damage, costs, or expenses (including reasonable attorneys 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 occur on the Site and which shall be directly or indirectly caused by any acts done thereon or any errors or omissions of the Developer or its 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. Page No. 7 Prior to the commencement of construction on the site,Developer shall furnish. or cause to be furnished to Agency duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at least One Million Dollars ($1,000,000) for any person, One Million Dollars ($1,000,000) for any occurrence and One Million Dollars ($1,000,000) property damage naming the Agency and the City as additional or con -insured. The cost of such insurance shall be a Project cost. The Developer also shall furnish or cause to be furnished to the Aaency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on 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 3.21 hereof, and said policies shall provide that they shall not be canceled or reduced in coverages or amounts without giving the Agency at least thirty (30) days prior written notice, and that no such reduction or cancellation shall become effective until at least twenty (20) days after receipt by the Agency of the written notice thereof. Developer shall at his own cost and expen e ocure promptly after the execution of this Agreement and maintain during the c • • . nce of this greement a policy of fire insurance with course of construction, vandalism, and icious mischief cia es attached, insuring the homes and all materials delivered to the Site fo their full insurable ue with loss thereunder payable to the following, as their interests may appear; A. ency;anfJ benef ry of a deed of trust encumbering the Site; and the 3.6 • City and Other G • "(ental Agency Permits Before commencement of construction or development of any buildings, structures or other work of improvement upon the Site, Developer, shall secure or cause to be secured any and all permits which may be required by City or any other government agency affected by such construction, development or work. Agency shall provide all proper assistance to Developer in securing these permits, including but not limited to coordination with all on -site and off -site building plans submitted to any public entity or public utility by Developer. Agency agrees to pay all fees required for each individual home constructed on the Site and collected by the City of San Jacinto shall be deferred until the close of escrow on each individual homes. 3.7 Environmental Impact Report An Environmental Impact Report ("SR") has been prepared, certified, approved and adopted by Agency for the Redevelopment Project. Additionally, this project was approved by the City of San Jacinto Planning Commission. 3.8 Anti -discrimination During Construction The Developer for itself and its successors and assigns agrees that in the construction of the improvements on the Site provided for in this Agreement, the Developer 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 Developer will comply with all applicable local, state and federal fail employment laws and regulations. 3.9 Local, State and Federal Laws The Developer shall perform under this Agreement in conformity with applicable law. Page No. 8 3.10 Riaht of Access The Agency and its representatives shall have access to the Site, without restriction, at normal business hours. 3.11 xes. Assessments. Encumbrances and Liens all pay when due all real property taxes and assessments assessed and levied on the Site. veloper shall not allow to be placed on the Site any mortgage, trust deed, encumbrance or lien unauthorized by the Agency. The Developer shall remove, or shall have removed any levy or attachment made on the Site in conjunction with the improvements pursuant to the Scope of Development (Attachment No. 3) or shall assure the satisfaction thereof with a reasonable time but in any event prior to a sale thereunder. 3.12 Prohibition Against Transfer of the Site. the Building or Structures Thereon and Assignment of Aareement Except as to the sale of any home to an owner -occupant in accordance with this Agreement, the Developer shall not, except as may be expressly permitted by this Agreement, without prior approval of the Agency,make any total or partial sale, transfer, conveyance of, or enter into any assignment or ground lease of or refinance the whole or any part of the Site or of the buildings or structures on the Site. This prohibition shall not restrict the sale of "Restricted Units' to "Eligible Persons or Families" (as defined in Section 2.11 of this Agreement). 3.13 Granting of Mortgage. Deed of Trust. Sale and Lease -Back Financing No mortgage, deeds of trust and sales and leases -back are to be permitted before completion of the construction of Improvements. 3.14 Holder Not Obligated to Construct Improvements The holder of the construction rights authorized by this Agreement shall not be obligated by the provisions of this Agreement to construct or complete the off -site Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the deed for the Site be construed so to obligate the holder. Nothing in this Agreement shall be deemed to construe, permit or authorize the holder to devote the Site to any uses or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. 3.15 Notice of Default of Mortgagee or Deed of Trust Holders: Right to Cure With respect to the construction mortgage granted by Developer in conformity with this Agreement, whenever the Agency shall deliver any notice or demand to Developer with respect to any breach or default by the Developer in completion of construction of the improvements, the Agency may at the same time deliver to each holder of record of any mortgage or deed of trust authorized by this Agreement a copy of such notice or demand. The holder, shall (insofar as the rights of the Agency are concerned) have the right, at its option, within forty-five (45) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or Page No. 9 continue the construction or completion of the Improvements (beyond the extent without first having expressly assumed the Developer's obligations to the Agency by written agreement satisfactory to the Agency. The holder, in that event, must submit evidence satisfactory to the Agency that it has the qualifications and financial responsibility necessary to perform such obligations and must agree to complete, in the manner provided in this Agreement, the Improvements to which the lien or title of such holder relates. the holder properly completing such Improvements shall be entitled, upon compliance with the requirement of Section 3.20 of this Agreement, to a Certificate of Completion or a partial Certificate of Completion (as therein defined). 3.16 Failure of Holder to Complete Improvements In any case where, forty-five (45) days after default and receipt of the notice of said default by the Developer in completion of construction of the Improvements under this Agreement, the holder of the construction mortgage creating a lien or encumbrances upon the Site of any part thereof has not exercised the option to construct, or if it has exercised the option and has not proceeded diligently with construction, the Agency shall purchase the construction mortgage by payment to the holder of the amount of the unpaid mortgage, including principal and interest and all other sums secured by the construction mortgage. If the ownership of the Site or any part thereof has vested In the holder, the Agency, if it so desires, shall be entitled to a conveyance from the holder to the Agency upon payment to the holder of an amount equal to the sum of the following not previously charged to the construction loan: a. The unpaid mortgage 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 net expense, if any (exclusive of general overhead), incurred by the holder as a direct result of the subsequent management of the Site or 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 amounts become part of the mortgage debt had continued in existence to the date of payment by the Agency;less f. Any income derived by the lender from operations conducted on the Site (the receipt of principal and interest payments in the ordinary course of the lender's business shall not constitute income for the purposes of this subsection 4). 3.17 Right of the Agency to Cure Mortgage or Deed of Trust Default In the event of the construction mortgage default or breach by the Developer prior to the completion of the construction of the Improvements or any part thereof as to a particular Site and the holder of any mortgage or deed of trust has not exercised its option to construct, the Agency will cure the default and purchase the loan. Page No. 10 3.18 Riaht of the Agency to Satisfy Other Liens on the Site After title Passes After the Agency Conveyance and prior to the completion of construction,and after the Developer has had written notice and has failed after a reasonable time, but in any event not less than forty-five (45) days, to challenge, cure adequately bond against, or satisfy any liens or encumbrances on the site which are not otherwise permitted under this Agreement, The Agency shall have the right but not obligation to satisfy any such liens or encumbrances. Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto. 3.19 Certificate of Completion Promptly after the completion of each home on the site and its sale to Eligible Persons or Families (as defined in Section 4.1 hereof) in conformity with this Agreement (as determined by the Executive Director of the Agency), upon the written request of the Developer relating only to such home as to which construction has been completed in accordance with this Agreement, the Agency shall furnish the Developer with the Certificate of Completion (in the form attached hereto as Attachment No. 10) which evidences and determines the satisfactory completion of the construction, development ad sale to an Eligible Person or Family, as to each single-family home, pursuant to the provisions and covenants specified in this Agreement, the Redevelopment Plan and the Califomia Community Redevelopment Law. The issuance and recordation of a Certificate of Completion (Attachment No. 10) with respect to the Improvements shall not supersede, cancel, amend or limit the continued effectiveness of any obligations relating to the maintenance, or uses, or payment of monies, or any other obligations, except for the obligation to complete construction of the improvements as of the time of the issuance of such applicable certificate. If the Agency refuses or fails to furnish a Certificate of Completion after written request from the Developer, the Agency shall, within forty-five (45) days of the written request, provide the Developer with a written statement of the reasons the Agency refused or failed to furnish such Certificate of Completion. Upon issuance of a Certificate of Completion (Attachment No. 10) for the Improvements, construction of such Improvements as to each single-family home shall be deemed to have been completed in conformity with this Agreement. The Certificate of Completion (Attachment No. 10) is not a notice of completion as referred to In Section 3093 of the California Civil Code. The issuance of a Certificate of Completion shall not affect the continued effectiveness of the Conditions, Covenants, and Restrictions (Attachment No. 7) recorded pursuant to this Agreement. 4. USE OF THE SITE 4.1 Affordable Housing 4.1.1 Number of Units. Developer shall develop three (3) detached single-family homes (the "Restricted Unit") on the Site and shall develop all on -site public improvements connected therewith, all as described and set forth in the Scope of Development (Attachment No.3). The Developer covenants and agrees that during the effectiveness of this Agreement, that all of the homes on the Site shall be covenanted with the income and affordability requirements pertaining to Very Low Income, Low Income and Moderate Income Households as set forth herein. The Developer further covenants and agrees that the above -referenced occupancy, ownership and affordability requirements shall bind and be enforceable against the Site for the life of the Redevelopment Plan. Page No. 11 4.1.2 Definitions (a) "Affordable Housing Cost" shall be that purchase price which would result in monthly housing payments for a fixed rate thirty (30) year mortgage for ninety percent (90%) of the purchase price under currently prevailing mortgage loan rates or the interest rate of any below -market mortgage loan program for which such purchaser has obtained a first trust deed loan, for the foil- ving income groups calculated pursuant to Health and Safety Code section 50052.5,which sets forth t following formulas: (i) Very Low Income Households - the product of thirty percent f" ) times fifty percent (50%) of the area median income adjusted for family size appropriate for th Affordable Unit. (II) Lower Income Households - the product of thirty percent (30%) times the greater of seventy percent (70%) of the area median income adjusted for family size appropriate for the Affordable Unit, or the actual gross income of the household for households earning greater than seventy percent (70%) and not more than eighty percent (80%) of the area median income adjusted for family size. (iii) Moderate Income Households - not less than twenty-eight percent (28%) of the gross income of the households, nor more than the product of thirty-five percent (35%) times the greater of one hundred ten percent (110%) of area median income adjusted for family size appropriate for the Affordable Unit, or the gross income of the household for households eaming greater than one hundred ten percent (110%) of the area median income adjusted for family size. (b) "Very Low Income Household" shall mean a house hold earning not greater than fifty percent (50%) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time asset forth in Health and Safety Code Section 50105. (c) "Lower Income Household" shall mean a household earning not greater than eighty percent (80%) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time asset forth in Health and Safety Code Section 50079.5. (d) "Moderate Income Household"shall mean a household earning not greater than one hundred twenty percent (120%) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time asset forth in Health and Safety Code Section 50093. (e) "Eligible Person or Family" shall mean any person or family who meets the income qualifications for Very Low Income Households,Lower Income Households, or Moderate Income Households, as is applicable to a particular Restricted Unite. (f) "Owner' shall mean Developer and any successor in interest of Developer to any Site except where a provision of this Agreement expressly excludes Developer from the definition of owner. (g) "Proposed Transferee" shall mean a person or family determined to be an Eligible Person or Family to whom the Developer or any successor Owner desires and proposes to Transfer a Restricted Unit. Page No. 12 (h) "Purchase Housing Cost" of an Eligible Person or Family purchasing a Restricted Untt shall include all of the following associated with that Restricted Unit, estimated or known as of the date of the proposed sale of the Restricted Unit. (i) Principal and interest on a mortgage loan including any rehabilitation Ioans,and any loan insurance fees associated therewith. (ii) Property taxes and assessments. (iii) Fire and Casualty insurance covering replacement value of property improvements. (iv) Any homeowner association fees. Monthly housing cost of a purchase shall be an average of estimated costs for the next twelve (12) month. (i) "Restricted Unit"shall mean a dwelling unit,which shall be a single-family residence, subject to the restriction of this Agreement (including, without limitation, the Declaration of Conditions,Covenants and Restrictions (Attachment No. 8]). (j) "Sales Price" shall mean all sums paid by a purchaser to a seller for, or in conjunction with, the acquisition of a Restricted Unit, including the purchase price designated in any purchase agreement, consideration for personal property and all other costs and fees paid by the purchaser to or for the benefit of the seller. (k) 'Transfer' shall mean any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in a Restricted Unit. Without limiting the generality of the foregoing. Transfer shall include (i) a transfer by devise, inheritance or intestacy to a party who does not meet the definition of Eligible Person or Family; (ii) a life estate; (iii) creation of a joint tenancy interest; (iv) a gift of all or any portion of a Restricted Unit; or (v) any voluntary conveyance of a Restricted Unit. Transfer shall not include transfer to a spouse in a dissolution proceeding; however any subsequent Transfer shall be subject to this restriction. (1) 'Transferee shall mean any natural person or entity who obtains ownership or possessory rights in a Restricted Unit pursuant to a Transfer. 4.2. Sales of Restricted Units. Developer agrees that Developer shall sell each Restricted Unit to an Eligible Person or Family at an Affordable Housing Cost (the "Developer Conveyance") and that during the Affordability Period each subsequent resale of a Restricted Unit by the then -owner thereof shall be to an Eligible Person or Family at an Affordable Housing Cost. Developer agrees that the Conditions, Covenants, and Restrictions (Attachment No. 7) giving effect to the foregoing restrictions shall be recorded against the site concurrently with the Disposition Conveyance. Developer agrees to commenced to market each Restricted Unit not later than the completion of construction of each Restricted Unit; each Restricted Unit shall be sold to an Eligible Person or Family prior to issuance of a Certificate of Completion as to any such Restricted Unit for purposes of Section 3.20 hereof. Developer covenants and agrees that no sales shall be made to persons or families related, within the fourth degree of consanguinity, to any shareholder of the Developer or anyone related by blood or marriage, to any such shareholder. Page No. 13 For purposes of satisfying the requirement that all of the Restricted Units shall be occupied by Eligible Persons or Families: (a) an individual or family who qualifies as an Eligible Person or Family at the time he or she first takes title to a Restricted Unit will be deemed an Eligible Person or Family as long as he or she continues to hold title to such Restricted Unit even though the Eligible Person or Family subsequently ceases to meet the income or other requirements of an Eligible Person or Famiiy,and (b) when an Owner releases title to a Restricted Unit, such unit will be considered as occupied by an Eligible Person or Family if it is held vacant and available four such occupancy until title is transferred to another Eligible Person or Family, at which time the status of the new Owner as an Eligible Person or Family is to be determined. 4.3 Restricted on Transfer by Sale of the Restricted Property or Any Restricted Unit. (a) For the duration of the Affordability Period Developer, for itself and any subsequent Owner, hereby subjects the Site to certain restrictions and limits the price at which Developer or any other Owner may sell and/or resell the Site and the persons to whom Developer or any other Owner may sell the Site. (b) DEVELOPER AND ANY OTHER OWNER UNDERSTANDS THAT THE DETERMINATION OF THE SALES PRICE CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, PROPERTY TAXES AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED AND THAT THE SALE PRICE PERMITTED HEREUNDER MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. DEVELOPER AND ANY OTHER OWNER FURTHER ACKNOWLEDGE THAT, AT ALL TIMES IN SETTING THE SALES PRICE, THE PRIMARY OBJECTIVE OF THE AGENCY AND THIS AGREEMENT IS TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AFFORDABLE HOUSING COST. THE SALES PRICE MAY BE LESS THAN OTHER SIMILAR PROPERTIES WHICH HAVE NO RESTRICTIONS. Developer's Initials (c) Transfer of a Restricted Unit. Developer and any successor Owner may transfer a Restricted Unit only in strict accordance with the provisions of this Agreement. Specifically, during the Affordability Period, Owner may Transfer a Restricted Unit (a) only to an Eligible Person or Family and (ii) only if the Purchase Housing Cost does not exceed Affordable Housing Cost for the Eligible Person or Family; and (iii) if Section 4.4 applies, only if the Transfer has previously been approved in writing by the Agency in accordance with the provisions of Section 4.4, except when Section 4.5 applies. In order to comply with this Subsection 4.3(c), Developer and any successor Owner must calculate the Affordable Housing Cost for the Proposed Transferee of the Restricted Unit in accordance with the definition set forth in Section 4.1.2(a). After calculating the Affordable Housing Cost for the Proposed Transferee, the Owner must ensure that the sum of the Sales Price and all costs listed in the definition of Purchase Housing Cost set forth in Section 4.1.2(h) does not exceed that Affordable Housing Cost. The calculation of the Sales Price under this Section 4.1.2(j) is illustrated by example in Attachment No. 13 attached hereto. 4.4 Process to Complete First Transfer by Sale of Restricted Units by Developer. Upon the first Transfer by sale of a Restricted Unit, the following procedures shall apply: (a) Qualifications of Proposed Transferee. No Transfer shall occur unless and until Developer first determines, based on the Certificate in the form of Attachment No. 12 attached hereto (Certificate") and attachments thereto, that the Proposed Transferee (i) intends to occupy the Restricted Unit as the Proposed Transferee's principal residence and (ii) is an Eligible Person or Family. Page No. 14 Each Proposed Transferee shall submit a Certificate to the Developer certifying its intent with regard to the occupancy of all Restricted Unit and as to truth and accuracy of all information supplied as to the Gross Income (calculated as set forth in 25 Cal. Code of Regs., Section 6914) of the Proposed Transferee ("Proposed Transferee's Certificate ). Developer shall certify pursuant to Attachment No. 12 hereof the information provided on the Proposed Transferee's Certificate pursuant to direction on the Certificate. Developer shall be entitled to rely on the information on the Proposed Transferee's Certificate and attachments thereto in making the determination required by this subsection 4(a) unless the Developer has knowledge of, or a reasonable basis for belief as to the, inaccuracy or falsehood of the Proposed Transferee's Certificate. (b) The Sales Price for the Restricted Unit shall not exceed the maximum price at which the Purchase Housing Cost to be paid by the Proposed Transferee would not exceed Affordable Housing Cost. The calculation of the Sales Price under this subsection is illustrated by example in Attachment No. 11 attached hereto. However, in determining Affordable Housing Cost, the family size of the Proposed Transferee shall be deemed to be persons in the case of a 1 bedroom, 3 persons for a 2 bedroom, 4 persons for a 3 bedroom, or 5 persons for a 4 bedroom Restricted Unit. If the actual family size of the Proposed Transferee is larger, then the actual family size shall be used. (c) Certificate from Parties. With respect to each sale of a Restricted Unit, Developer shall submit to the Agency, not later than four (4) weeks prior to close of escrow on the sale of a Restricted Unit, a certificate that (i) the Developer has made the affirmative determinations required by Section 4.4(a) above and (ii) the Sales Price conforms with Section 4.4(b) above. The Developer shall concurrently submit to the Agency the Proposed Transferee's Certificate and all attachments thereto and all other documents or material with regard to information required by Sections 4.4(a) and/or 4.4(b) above, whether or not relied on by the Developer. Further, the Developer and Proposed Transferee each shall certify in writing, in a form acceptable to the Agency, that the Transfer shall be closed in accordance with, and only with, the terms of the sales contract and other documents submitted to and approved by the Agency and that all consideration delivered by the Proposed Transferee to Developer has been fully disclosed to the Agency. The written certificate shall also include a provision that, in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to the Agency for its approval of the Transfer, the Agency shall have the right to file an action at law or in equity to seek termination and/or rescission of the sales contract and/or declare the sale void, notwithstanding the fact that the Transfer may have closed and become final as between Developer and its Transferee. In the event Developer fails to comply with Section 4.4(a) or 4.4(b) above, any costs, liabilities or obligations incurred by the Developer and its Transferee for the return of any monies paid or received or for any costs and legal expenses, shall be borne jointly and severally by the Developer and its transferee and such parties shall hold the City and Agency harmless and reimburse their expenses, legal fees and costs for any action the City and/or Agency take in enforcing the terms of this Article 4. (d) Assumption Agreement. No Transfer by sale other than by Developer shall be consummated until the Proposed Transferee shall execute a recordable assumption agreement in the form attached hereto as Attachment No. 15 (the "Assumption Agreement") and the Assumption Agreement has been recorded; provided, this Agreement shall be binding on the Restricted Unit throughout the term of the Affordability Period even if no Assumption Agreement is executed or recorded. (e) Delivery of Documents. In addition to the documents required to be provided by Section 4(c) above, upon the close of the proposed Transfer, the Developer and Transferee, as applicable, shall provide the Agency and Developer with a certified copy of the recorded Assumption Agreement, a copy of the final sales contract, settlement statement, escrow instructions and any other documents which the Agency may reasonably request. Page No. 15 4.5 Process to Obtain Approval of Transfer of a Restricted Unit Atter the First Transfer by Developer. In the event Owner (for the purposes of this Section 4.5, Owner shall not include Developer) desires to Transfer a Restricted Unit, prior to the Transfer the Owner shall notify the Agency by delivering a "Notice of Intent to Transfer" in the form attached hereto as Attachment No. 13, and Owner shall indicated in the Notice of Intent to Transfer the identity of the Proposed Transferee who desires to purchase the Restricted Unit at Affordable Housing Cost. In addition to the delivery of the Notice of Intent to Transfer, the following procedure shall apply: (a) Notice to City: Owner shall send to the Agency in care of the San jacinto Redevelopment Agency (or its successor), at 201 E. Main Street, San Jacinto, California, the form attached hereto as Attachment No. 14 fully competed an executed by the Owner and the Proposed Transferee (the "Approval Request). (b) Qualification of Proposed Transferee: The Proposed Transferee shall provide the Agency with sufficient information in the form required by the Agency on Attachment No. 11, including without limitation, a certification as to the income and family size of the Proposed Transferee, for the Agency to determine if the Proposed Transferee meets the following requirements: (i) The Proposed Transferee shall certify its intent to occupy the Restricted Unit as the Proposed Transferee's principal residence. (ii) The Proposed Transferee shall certify that it is an Eligible Person or Family. (c) Qualification of Transaction: (i) The Sales Price shall not exceed the lesser of: (A) The Fair Market Value of the Restricted Unit, or (B) The maximum price at which the Purchase Housing Cost to be paid would not exceed Affordable Housing Cost. The calculation of the Sales Price under this subsection (B) illustrated by example in Attachment No. 11 attached hereto. However, in determining Affordable Housing Cost the family size of the Proposed Transferee shall be deemed to be not fewer than four (4) persons for a Restricted Unit of three (3) bedrooms. If the actual family size of the Proposed Transferee is larger, the actual family size shall not be used. (ii) The price paid to the Owner by the Proposed Transferee for Owner's personal property, of any, sold or to be sold in connection with the sale of the Restricted Unit, shall not exceed the Fair Market Value of such property. No other consideration of any nature whatsoever shall be delivered by the Proposed Transferee to Owner unless fully disclosed to and approved by the Agency. (d) Certificates from Parties: The Owner and Proposed Transferee each shall certify in writing, in a form acceptable to the Agency , that the Transfer shall be closed in accordance with, and only with, the terms of the sales contract and other documents submitted to and approved by the Agency and that all consideration delivered by the Proposed Transferee to Owner has been fully disclosed to the Agency. Page No. 16 The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to the Agency for its approval of the Transfer, the Agency shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Owner and its transferee. In the event Owner fails to comply with this subsection 4.5(a) though this subsection 4.5(d) or sells a Restricted Unit in excess of the amount allowed by subsection 4.5(c), any costs, liabilities or obligations incurred by the Owner and its transferee for the return of any monies paid or received in violation of this Agreement or for any costs and legal expenses, shall be borne by the Owner and its transferee and such parties shall hold the City and Agency harmless and reimburse their expenses, legal fees and costs for any action the City and/or Agency take in enforcing the terms of this Agreement. If the Request for Approval of Proposed Transferee submitted by the Proposed Transferee is found to contain false or misleading information, The Transferee and the Owner shall be jointly and severally liable to the Agency for all costs, liabilities or obligations in connection with any termination or rescission and the City and Agency shall have no liability therefor. (e) Assumption Agreement. The Proposed Transferee shall execute an Assumption Agreement (Attachment No. 15). The recordation of the Assumption Agreement shall be a condition of the Agency's approval of the proposed Transfer; provided this Agreement shall be binding on the Restricted Unit for the duration of the Affordability Period even if no Assumption Agreement is executed or recorded. (f) Written Consent of Agency Required Before Transfer. During the Affordability Period the Restricted Property or the Restricted Unit, as the case may be, and any interest therein, shall not be conveyed by any Transferee except with the express written consent of the Agency, which consent shall be given only if the Transfer is consistent with the Agency's goal of creating, preserving, maintaining and protecting housing in the City of San jacinto for Eligible Persons and Families and shall be in accordance with the provisions of this subsection 4.5. This provision shall not prohibit the encumbering of title for the sole purpose of securing financing of the purchase priced of the Restricted Unit. (g) Delivery of Documents. Upon the close of the proposed Transfer, the Owner and Transferee, as applicable, shall provide the Agency with a certified copy of the final sales contract, settlement statement, escrow instructions. all certificates required by this subsection 4.5 and any other documents which the Agency may request. 4.6 Covenants of Owner. The Owner of each Restricted Unit by acceptance of a deed to the Restricted Unit covenants and agrees that, at all times during the Affordability Period, its Restricted Unit will be continuously occupied by Owner as its principal residence, and shall not be rented, subleased, or subject to any other business arrangement, whereby consideration shall be paid by an occupant of a Restricted Unit; provided, if the Restricted Unit is occupied by an Eligible Person or Family, the family members whose income was considered in determining the eligibility of that family may make monetary contributions toward the Purchase Housing Costs of the Restricted Unit. Owner agrees that it shall not record or cause the recordation of any deed of trust (a "Further Encumbrance") securing a note having an original principal sum which, when added to the sum of the principal amount(s) of any notes secured by any deeds of trust against the Restricted Property as of the date of trust against the Restricted Property as of the date of recordation of the Further Encumbrance, exceeds the Fair Market Value of the Restricted Property. Page No. 17 4.7 Uses in Accordance with Redevelopment Plan: Nondiscrimination The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Sites or any part thereof that the Developer and such successors and assignees, shall devote the Sites to the uses specffied in the Redevelopment Plan, the Grant Deed (Attachment No. 5), the Declaration of Conditions , Covenants and Restrictions (Attachment No. 7) and this Agreement for the periods of time specified therein. The foregoing covenants shall run with the land. The Developer covenants by and for itself and any successors in interest that there shall t•.3 no discrimination against or segregation of any person or group of persons on account of race, colr creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transt use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself or any person claimir under or thoi. ;h 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 Sites. The foregoing covenants shall run with the land. The Developer shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry of any person. 4.8 Effect and duration of Covenants The covenants established in this Agreement shall, without regard to technical classification and designation, be binding on Developer and any successor in interest to the site or any part thereof for the benefit and in favor of Agency, its successors and assigns, and City. 5. SALES PRICE OF HOMES 5.1 Sales Price The maximum sales price of each of the completed homes has been set at the following amounts: Model A & A-R Model B $75,900 $88,000 Any deviation from the price of the individual houses sold shall be at the sole discretion of the Agency. In the event the homes are sold for less than the market rate prices indicated above, a Second Trust equal to the difference between the actual sales price and the market rate price shall be duly recorded. The Second Trust Deed shall be adminsistered by the Developer and shall be excused pursuant to the guidelines of the Developer. If the developer fails to construct each home within the budget and contingency established in Attachment No. 6 (Construction Budget), the amount over the budget for each individual house shall be borne by the Developer. 5.2 Real Estate Commissions In the event the Developer commissions a real estate agent/broker to sell the three units, the Agency shall not be liable for the payment of any real estate commission related thereto. Page No. 18 5.3 Disbursement of Home Sale Proceeds Sales proceeds from the purchase of each individual house within the Project by a qualified household, as described in Section 4.1, shall be distributed in the order as listed below: 1.) Re -investment of an amount equal to the purchase price for affordable housing in the Project Area or City proper.: 2.) Satisfaction of any outstanding material and/or construction liens against the individual house: 3.) Payment of all applicable escrow and closing costs; 4.) Payment of any city fees or permit costs attributable to the individual house; 5.) Payment of all remaining sales proceeds, if any, to the Agency, in the event re- investment as indicated in Section 5.3.1 does not occur within 5 years from the close of escrow of each unit. 6. DEFAULTS, REMEDIES AND TERMINATION 6.1 Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 6.2 Termination by Developer Developer may terminate this Agreement upon thirty (3) calendar days written notice thereof to Agency in the event that: (a) City of San Jacinto does not issue the necessary building permits to commence construction of the houses within ninety (90) calendar days following the approval of this Agreement by the Agency. 6.3 Termination by Agency Agency may terminate this Agreement if: a) Developer fails to complete the construction of the three houses within one hundred and eighty (180) calendar days from the issuance of the necessary building permits from the City. b) Developer fails to complet the sale of any one of the first three constructed homes on the Site within ninety (90) cale g the completion of construction and issuance of Certificates of Occupan or the first three ho es constructed. c) Developer f ' ete the sale of all three units within one -hundred and n of construction and issuance of Certificates of Occupancy for the first four homes constructed. Page No. 19 d) Developer's cost for construction of any of the individual homes exceeds the budgeted amount including contingency and Developer Profit as shown in Attachment No. 6 construction Budget. e) Developer commits any other material breach of this Agreement; and f) Any default or failure referred to in this Section may be cured within thirty (30) days after the date of written demand by Agency. 6.4 Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. The prevailing party in any such legal action may recover its attorneys fees. 6.5 Acceptance of Service of Process In the event that any legal action is commenced by the Developer 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. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon any officer or agent of the Developer (authorized to accept service on behalf of the Developer) or in such other manner as may be provided by law and shall e valid whether made within or without the State of California. 6.6 Riahts 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 by the other party. 6.7 Damages If the Developer or the Agency defaults with regard to 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 cured or commenced to be cured by the defaulting party within thirty (30) days after service of the notice of default the defaulting party shall be liable to the other party for any damages caused by such default. 6_8 Specific Performance If the Developer or the Agency defaults under any of the provisions of this Agreement, the non - defaulting party, at its option, may institute an action for specific performance of the terms of this Agreement. Page No. 20 7. GENERAL PROVISIONS 7.1 Notices. Demands and Communications Between the Parties Formal notices, demands and communications between Agency and Developer shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of Agency and Developer, as designated in Section 1.7.1 and 1.7.2 hereof. 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 as provided in this Section. 7.2 Conflict of Interest No member, official or employee of Agency or City shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official, or employee participated in any decision relating to the Agreement which affect his personal interests or the interests of any corporation, partnership or association in which it is, directly or indirectly, interested. Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. 7.3 Non -liability of Aaencv and City Officials and Employees No member, official or employee of Agency or City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by Agency or for any amount which may become due to Developer or successor or on any obligations under the terms of this Agreement 7.4 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, insurrections, strikes, lock -outs, riots, floods, earthquakes, quarantine, restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation (including condemnation actions), unusually severe weather, inability to secure necessary labor, materials and tools, delays of any contractor, subcontractor of supplier, acts of the other party, or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by Agency and Developer. 7.5 Inspection of Books and Records The Agency has the right at all reasonable times to inspect the books and records of the Developer pertaining to the Site. The Developer also shall have 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. 7.6 Plans and Data If this agreement is terminated by the Agency for any failure of the Developer specified herein, the Developer shall deliver to the Agency all plans and data concerning the site. Page No. 21 7.7 Approval Approvals required of Agency or Developer shall be in writing and shall not be unreasonably withheld and approval or disapproval shall be given within the times set forth in this Agreement, or if no time is given, within a reasonable time. 8. SPECIAL PROVISIONS 8.1 Submission of Documents for Approval Whenever this Agreement requires either party to submit plans, drawings or other docul ants to the other party for approval, which shall be deemed approved if not acted on by the other part within a specified time, said plans, drawings or other documents shall be accompanied by a letter stati, f that they are being submitted and will be deemed approved unless rejected by the other party within the stated time. If there is no time specified herein for such action, the submitting party may submit a letter requiring approval or rejection by the other party of documents within thirty (30) days after submission to the other party or such documents shall be deemed approved. Except where such approval is expressly reserved to the sole discretion of the approving party, all approvals required hereunder by either party shall be reasonable and not unreasonably withheld. 8.2 Redevelopment Plan and Amendments to the Redevelopment Plan Agency represents and warrants that it has legal authority to carry out its obligations under this Agreement pursuant to the Redevelopment Plan, as amended. Any amendments to the Redevelopment Plan which change the uses or development permitted on the Site or otherwise change the restrictions or controls that apply to the Site shall require the written consent of Developer so long as Developer owns the fee ownership of the Site. Amendments of the Redevelopment Plan applying or other property in the Project Area shall not require the consent of Developer or its respective successors or assigns. 8.3 Amendments to this Agreement The Developer and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by any of the parties hereto, and lending institutions. providing said request are consistent with this Agreement and would not substantially alter the basic business terms included herein. The Executive Director of the Agency is authorized to approve and execute Amendments to this Agreement which are not of a material nature, including extensions of time. 8.4 Entire Aareement, Waivers and Amendments This Agreement is executed in three (3) duplicate originals each of which is deemed an original. this Agreement comprises pages 1 though 29 inclusive, and Attachments "No. 1 though 15", 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 incidentals herein or 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 singed by the appropriate authorities of the Agency and the Developer and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency and the Developer. Page No. 22 8.5 Time for Acceptance of Agreement by Agency This Agreement, when executed by Developer and delivered to Agency, must be authorized, executed and delivered by Agency within thirty (30) days after date of signature by Developer or this Agreement shall be voidable, upon notice in writing from Developer. The date of this Agreement shall be the date when the Agreement shall have been signed by Agency. 9. MISCELLANEOUS PROVISIONS 9_1 Entire Agreement This Agreement sets forth and contains the entire understanding and agreement of the parties and there are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.2 Severabilitv If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 9.3 Interpretation and Governing Law This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. this Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by a counsel in the negotiation and preparation hereof. 9.4 Section Headings All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.5 Singular and Plural As used herein, the singular of any work includes the plural. 9.6 Time of the Essence Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. Page No. 23 9.7 Waiver Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 9.8 No Third Party Beneficiaries This Agreement is made an entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.9 Mutual Covenants The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 9.10 Counterparts This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 9.11 Jurisdiction and Venue Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.12 Eminent Domain No provision of this Agreement shall be construed to limit or restrict the exercise by Agency of its power of eminent domain as may be specified in the Redevelopment Plan. 9.13 Agent for Service of Process In the event Developer is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venture resident of the State of Califomia, or it is a foreign corporation, then in any such event, Developer shall file with Agency, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Developer. If for any reason service of such process upon such agent is not feasible, then in such event Developer may be personally served with such process out of this City and such services shall constitute valid service upon Developer. Developer is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. Page No. 24 9.14 Authority to Execute The person or persons executing this Agreement on behalf of Developer warrants and represents that he has the authority to execute this Agreement on behalf of his corporation and warrants and represents that he has the authority to bind Developer to the performance of its obligations hereunder. 9.15 Incorporation by Reference Any and all attachment referred to in this Agreement are hereby incorporated into, and by this reference made a part of, this Agreement. 9.16 Hold Harmless Developer shall indemnify and hold Agency, its officers, agents, employees and independent contractors free and harmless from any liability, whatsoever, bared or asserted upon any act or omission of Developer, its officers, agents, employees, subcontractors and Independent contractors for property damage, bodily injury, or death (Developer's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from its responsibilities contained in this agreement, and Developer shall defend, at its expense, including attorney fees, City, its officers, agents, employees, and independent contractors in any legal action bared upon such alleged acts or omissions. 9.17 Warranty Against Payment of Consideration for Agreement Developer warrants that it has not paid or given, and will not pay or give, any third party any money or any other consideration for obtaining this Agreement. Such prohibition shall not apply to consideration paid to consultants, attorneys, architects, contractors or other persons for services rendered in connection with the Agreement or the Development of the Site. 9.18 Term Unless sooner terminated by either the Developer or the Agency pursuant to the provisions of this Agreement, the terms, conditions and covenants set forth in this Agreement shall remain in effect for for the life of the "Redevelopment Plan," which was approved and adopted by the City pursuant to Ordinance No. 754, on June 28, 1983. IN WITNESS WHEREOF, Agency and Developer have executed this Agreement as of the dates set opposite their signatures. Dated: REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO Dated: By HABITAT FOR HUMANITY HEMET/SAN JAQIINNTO, INC. By d z,Z, Page No. 25 IN THE CITY OF SAN JACINTO. COUNTY or RIVERSIDE. STATE OF CAUFORNIA lL6KAtQ TENTATIVE PARCEL MAP NO. 28066 JAMES W. UNLAND & ASSOCIATES CIVIL ENGINEERS SEPTEI.IBER. 1994 I 6 I h • I I A. I I I I I I I I I I I 1 I I N 0000sr c BROWN STREET B aa7x (toxin 4aa.IJD' C S® s I J g I/ 1y cp0 • I 1� SITE 16 ,I. `s� 1. 4 IA. AA eel COOTS . I Moor 3 1-1 N 000E24' E MUIR' SANTA FE STREET Orr OF WI JACJNTO F.0. I0S W IAA 1A0.T0. CA Gm: MR M.1030 MI6 REOWILOFNENT AOCNCTISAN JAGIITO I.O. SOSIN SAN JACNiq CA 115.1 per 14T.711e WIN A MATCH OF UST IT OF WRSr7 SWOMION p FAIIMIOT4I OF TN(V W OS OF Ni WN JACERO IAIMT7 ASIOCJ4110N AS WORN tr IAI. 0M FRS. PI SOON 1 Y JAMB FAITS At RICOROI OF RNWOS COWTY. COJECFNIN. N SErn01O4. TA S. AIR. MAIM ELMO weal art OF SAN J.ONTO VAIN OT/ CO SANJ.OMTO W SWORN@ CA4IORIFA OAS CO. 6ACII.0 SO4RI14RN CJMIORNA !GOON CO. TISL.ONS OSN4AM. IIIS1110.11 CO. CAAII IN MIANO WAGE CA IZMOCN 1.410FOSE0 LAND use RFSOFITIAL SDJACENT LAND U t MAIN • RSSOSNnm. SOOM • Re mama". PAST • R4SOSN1YL NUT • RESOSN7NL ASSESSOR'S PARCEL NO. 2oI\40 Ra. &MAU DwD0L0sms[ p.11. IAN **WO ONOIEO SCI.00L IRTI ACT 6CGD.6LM MINIR:INIIN MMFRSMF 104 Y 6.0.1 PROPOSED SAFROYEMFNTS 10.I DUMBER OF mama A SCALE 1 N 50' 0 So IDO /SC 100 LOT AREA 1 6075 S.F. 2 6075 S.F. • 3 6500 S.F. .F.a V. *LAN I A=CURT LOT'A' 1350 S.F. O.A OM= 2171 L Tlsw A.I. SW. c WAN. C..Isns MA. 101/12-1R73 TA1 Nava -MO • eIP \I, '77n-.3 5107 ATTACHMENT NO. 2 LEGAL DESCRIPTION PARCEL MAP 28066, BEING A PORTION OF LOT 17 OF BAILEY'S SUBDIVISION OF FARM LOT 49 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATIONS SHOWN ON FILE, IN BOOK 2 OF MAPS, PAGE 23, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTION 34, T.4S, R.1W., S.B.B.M. ATTACHMENT NO. 3 Scope of Development The project shall consist of the construction of three (3) single-family detached h les -o be constructed on a 20,000 square foot lot, owned by the City of San ac o Redevelopment Agency. This parcel can be identified as Assessor Parcel No. 5- ?- 006. Two of the single family homes will consist of three bedrooms and two baths n two car garages. The third single family home will consist of four bedrooms and twcr oaths, also with a two car garage. The homes will be constructed in the following square footage: Model A 1,198 square feet Model A-R 1,198 square feet Model B 1,398 square feet Model A and A-R homes will be constructed on the two front Tots and Model B will be constructed on the rear lot. All homes shall be constructed per the approved construction drawings, described on Attachment No. 4. The homes have been designed to provide a small comfortable starter home for first time home buyers, retirees or small families seeking home ownership rather than continued rental expenses. The are designed to convey the aesthetics of an eye pleasing small bungalow -type dwelling. Each of the homes is to have a front porch to allow interaction with neighbors and engender a small close-knit on the block: The construction drawings provide homes with the following features: * 5:12 pitched roofs * Mixture of decorative shingle, wood -type siding and stucco exteriors * Exterior insulation will use a styrofoam wrap with an R-Value of R-6, in addition to the required "R-13 value in a 2X4 exterior wall * Full fiberglass tub/shower unit combinations it each of the baths. * Walk-in closet in the master bedrooms. * Entry level appliances provided in each unit, with a full pantry and eating bar in unit * Steel garage doors. TO: FROM: DATE: SUBJECT: STAFF REPORT Honorable Mayor and City Council Members Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager March 21, 1995 CORRECTIONS TO DISPOSITION AND DEVELOPMENT AGREEMENT AGENDA ITEM 6.1 Upon further review by Staff and the City Attorney, the following corrections to the Disposition and Development Agreement (DDA) and Attachment No. 5 to the DDA are necessary: DDA - Pg. No. 8 Section 3.5 Last Paragraph Developer shall at his 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 homes and all materials delivered to the Site for their full insurable value with loss thereunder payable to the following, as their interests may appear; Agency; and any beneficiary of a deed of trust encumbering the Site; and the Developer. DDA - Pg. No. 9 Section 3.11 First Sentence The Agency shall pay when -due all real property taxes and assessments assessed and levied on the Site. when due. prior to the transfer of the site from the Agency to the Developer. The Developer shall not allow to be placed on the Site any mortgage, trust deed, encumbrance or lien unauthorized by the Agency. The Developer shall remove, or shall have removed any levy or attachment made on the Site in conjunction with the improvements pursuant to the Scope of Development (Attachment No. 3) or shall assure the satisfaction thereof with a reasonable time but in any event prior to a sale thereunder. City Council Staff Report March 21, 1995 Page No. 2 DDA - Pg. No. 19 Section 6.3 Subsection b) and c) b) Developer fails to complete the sale of any one of the first three constructed homes on the Site within ninety (90) calendar days following the completion of construction and issuance of Certificates of Occupancy for the three homes constructed. c) Developer fails to complete the sale of all three units within one - hundred and fifty (150) calendar days following the completion of construction and issuance of Certificates of Occupancy for the first four three homes constructed. DDA - Attachment No. 5 Section 4 2nd Line Grantee, and any successor to Grantee, shall only be responsible for and liable for the performance of the provisions of Sections 1, 2, 3 and 4432 during such period of time as it shall be the owner of the Property. DDA - Attachment No. 5 Section 5 First Sentence All covenants set forth in Sections 1 , 2, 3, 3, and 10 through 9. inclusive. 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 and 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 rights 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. DDA - Attachment No. 5 Section 8 Correction of a typographical error in the first sentence (2nd line) of the last paragraph. Attachments: Corrected Pages without highlights CORRECTED PAGES DISPOSITION AND DEVELOPMENT AGREEMENT Prior to the commencement of construction on the site,Developer shall furnish, or cause to be furnished to Agency duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at least One Million Dollars ($1,000,000) for any person, One Million Dollars ($1,000,000) for any occurrence and One Million Dollars ($1,000,000) property damage naming the Agency and the City as additional or con -insured. The cost of such insurance shall be a Project cost. The Developer also shall furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Site 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 3.21 hereof, and said policies shall provide that they shall not be canceled or reduced in coverages or amounts without giving the Agency at least thirty (30) days prior written notice, and that no such reduction or cancellation shall become effective until at least twenty (20) days after receipt by the Agency of the written notice thereof. Developer shall at his 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 homes and all materials delivered to the Site for their full insurable value with loss thereunder payable to the following, as their interests may appear; Agency; any beneficiary of a deed of trust encumbering the Site; and the Developer. City and Other Governmental Agency Permits Before commencement of construction or development of any buildings, structures or other work of improvement upon the Site, Developer, shall secure or cause to be secured any and all permits which may be required by City or any other govemment agency affected by such construction, development or work. Agency shall provide all proper assistance to Developer in securing these permits, including but not limited to coordination with all on -site and off -site building plans submitted to any public entity or public utility by Developer. Agency agrees to pay all fees required for each individual home constructed on the Site and collected by the City of San Jacinto shall be deferred until the close of escrow on each individual homes. 3.7 Environmental Impact Report An Environmental Impact Report ("EIR") has been prepared, certified, approved and adopted by Agency for the Redevelopment Project. Additionally, this project was approved by the City of San Jacinto Planning Commission. 3.8 Anti -discrimination During Construction The Developer for itself and its successors and assigns agrees that in the construction of the improvements on the Site provided for in this Agreement, the Developer 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 Developer will comply with all applicable local, state and federal fail employment laws and regulations. 3.9 Local, State and Federal Laws The Developer shall perform under this Agreement in conformity with applicable law. Page No. 8 3.10 Right of Access The Agency and its representatives shall have access to the Site, without restriction, at normal business hours. 3.11 Taxes. Assessments. Encumbrances and Liens The Agency shall pay all real property taxes and assessments assessed and levied on the Site, when due, prior to the transfer of the site from the Agency to the Developer. The Developer shall not allow to be placed on the Site any mortgage, trust deed, encumbrance or lien unauthorized by the Agency. The Developer shall remove, or shall have removed any levy or attachment made on the Site in conjunction with the improvements pursuant to the Scope of Development (Attachment No. 3) or shall assure the satisfaction thereof with a reasonable time but in any event prior to a sale thereunder. 3.12 Prohibition Against Transfer of the Site. the Building or Structures Thereon and Assignment of Agreement Except as to the sale of any home to an owner -occupant in accordance with this Agreement, the Developer shall not, except as may be expressly permitted by this Agreement, without prior approval of the Agency,make any total or partial sale, transfer, conveyance of, or enter into any assignment or ground lease of or refinance the whole or any part of the Site or of the buildings or structures on the Site. This prohibition shall not restrict the sale of "Restricted Units' to "Eligible Persons or Families" (as defined in Section 2.11 of this Agreement). 3.13 Granting of Mortgage, Deed of Trust. Sale and Lease -Back Financing No mortgage, deeds of trust and sales and leases -back are to be permitted before completion of the construction of improvements. 3.14 Holder Not Obligated to Construct Improvements The holder of the construction rights authorized by this Agreement shall not be obligated by the provisions of this Agreement to construct or complete the off -site Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the deed for the Site be construed so to obligate the holder. Nothing in this Agreement shall be deemed to construe, permit or authorize the holder to devote the Site to any uses or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. 3.15 Notice of Default of Mortgagee or Deed of Trust Holders: Right to Cure With respect to the construction mortgage granted by Developer in conformity with this Agreement, whenever the Agency shall deliver any notice or demand to Developer with respect to any breach or default by the Developer in completion of construction of the improvements, the Agency may at the same time deliver to each holder of record of any mortgage or deed of trust authorized by thls Agreement a copy of such notice or demand. The holder, shall (insofar as the rights of the Agency are concerned) have the right, at its option, within forty-five (45) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or Page No. 9 5_3 Disbursement of Home Sale Proceeds Sales proceeds from the purchase of each individual house within the Project by a qualified household, as described in Section 4.1, shall be distributed in the order as listed below: 1.) Re -investment of an amount equal to the purchase price for affordable housing in the Project Area or City proper.: 2.) Satisfaction of any outstanding material and/or construction liens against the individual house: 3.) Payment of all applicable escrow and closing costs; 4.) Payment of any city fees or permit costs attributable to the individual house; 5.) Payment of all remaining sales proceeds, if any, to the Agency, in the event re- investment as indicated in Section 5.3.1 does not occur within 5 years from the close of escrow of each unit. 6. DEFAULTS, REMEDIES AND TERMINATION �1 Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 6.2 Termination by Developer Developer may terminate this Agreement upon thirty (3) calendar days written notice thereof to Agency in the event that: (a) City of San Jacinto does not issue the necessary building permits to commence construction of the houses within ninety (90) calendar days following the approval of this Agreement by the Agency. 6.3 Termination by Agency Agency may terminate this Agreement if: a) Developer fails to complete the construction of the three houses within one hundred and eighty (180) calendar days from the issuance of the necessary building permits from the City. b) Developer fails to complete the sale of any one of the first three constructed homes on the Site within ninety (90) calendar days following the completion of construction and issuance of Certificates of Occupancy for the three homes constructed. c) Developer fails to complete the sale of all three units within one -hundred and fifty (150) calendar days following the completion of construction and issuance of Certificates of Occupancy for the three homes constructed. Page No. 19 CORRECTED PAGES DISPOSITION AND DEVELOPMENT AGREEMENT ATTACHMENT NO. 5 (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, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices o discrimination or segregation with reference to the selection, location, number, use of 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, national origin or ancestry 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 though 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 person or group of persons on account of sex, race, color, creed, religion, marital status, handicap, national origin or ancestry 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 though 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 only be responsible for and liable for the performance of the provisions of Sections 1, 2, 3 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 through 9, inclusive, 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 and 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 rights 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 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 Tess 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 Developer, if the Developer (or its successors in interest) shall: 1. Fail to complete the construction of the three houses within one hundred and eighty (180) calendar days from the issuance of the necessary building permits from the City. 2. Fail to complete the sale of any one of the three constructed homes on the Site within ninety (90) calendar days following the completion of construction and issuance of Certificates of Occupancy for the first three homes constructed. 3. Fail to complete the sale of all the three homes within one -hundred and fifty (150) calendar days following the completion of construction and issuance of Certificates of Occupancy for the three homes constructed. 4. The Developer's cost for construction of any of the Individual homes exceeds the budgeted amount including contingency and Developer Profit as shown in Attachment No. 6 Construction Budget. 5. Transfer or suffer any involuntary transfer of the Site(s), or any part thereof, in violation of this Agreement. Such right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit: 1. Any mortgage or deed of trust permitted by this Agreement; or 2. Any rights or interests provided in this Agreement for the protection of the holders of such mortgages or deed of trust. Upon the reinvesting in the Agency of title to the Property, the Agency may, but is not required, to use its best efforts to resell the Property as soon and in such manner as the Agency shall find feasible and consistent with the objectives of the state redevelopment law and of the Redevelopment Plan, as it may be amended, to a 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 or who will assume the ownership, management, and operation of the Site(s) all in accordance with the uses specified herein and specified for the Site(s) or part thereof in the ATTACHMENT NO. 5 GRANT DEED RECORDING REQUESTED BY ) AND WHEN RECORDED RETURN TO ) AND MAIL TAX STATEMENTS TO: ) SAN JACINTO REDEVELOPMENT AGENCY ) 201 E. Main Street ) San Jacinto, CA 92583 ) Space above this line for Recorder's use 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 Habitat for Humanity, Hemet/San Jacinto, Inc., herein collectively called "Grantee" or "Developer", the real property hereinafter referred to as "Property' , described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants or record, if any, set forth on Exhibit A. 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. es For a period commencing upon (date of recording of Grant Deed) and expiring on [the termination date of the Redevelopment Plan] (the "Affordability Period"), the Property may only be used for the construction and residential use of single-family housing to be sold at Affordable Housing Cost as such term is defined by Health and Safety Code Section 50052.5 and occupied by persons and households of Low -to Moderate -Income as defined in Health and Safety Code Sections 50105 and 50093, respectively, and subject to the limitations of, that certain Disposition and Development Agreement dated as of , 19_ 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 the Redevelopment Plan. Section 2. Obligation to Refrain From Discrimination The Developer covenants by and for itself, and any successors in interest, that there shall be no discrimination against or segregation of any person, or group of persons, on account of 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 Developer 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 Nonseareaation Clauses The Developer shall refrain from restricting the rental, sale or lease 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, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices o discrimination or segregation with reference to the selection, location, number, use of 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, national origin or ancestry 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 though 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 person or group of persons on account of sex, race, color, creed, religion, marital status, handicap, national origin or ancestry 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 though 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 only be responsible for and liable for the performance of the provisions of Sections 1, 2, 3 and Mr -during such •eriod of time as it shall be the owner of the Property. Section 5. C•venant for the B 9, , �'`'"` '' d All covenants set forth in Section. t, 2, 3f19 • •f this Deed without regard to technical classification or designation shall be bindin• forthe b= efit • e Grantor, and such covenants shall run in favor of the Grantor for the entire period dun ich such covenants shall be in force and effect, without regard to whether the Grantor is or remains and 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 rights 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. Mortaaae 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 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 Tale 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 Developer, if the Developer (or its successors in interest) shall: 1. Fail to complete the construction of the three houses within one hundred and eighty (180) calendar days from the issuance of the necessary building permits from the City. 2. Fail to complete the sale of any one of the three constructed homes on the Site within ninety (90) calendar days following the completion of construction and issuance of Certificates of Occupancy for the first three homes constructed. 3. Fail to complete the sale of all the three homes within one -hundred and fifty (150) calendar days following the completion of construction and issuance of Certificates of Occupancy for the three homes constructed. 4. The Developer's cost for construction of any of the individual homes exceeds the budgeted amount including contingency and Developer Profit as shown in Attachment No. 6 Construction Budget. 5. Transfer or suffer any involuntary transfer of the Site(s), or any part thereof, in violation of this Agreement. Such right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit: 1. Any mortgage or deed of trust permitted by this Agreement; or 2. Any rights or interests provided in this Agreement for the protection of the holders of such mortgages or deed of trust. Upon the reinvesting in the Agency of tit' = t. t - Property, the Agency may, but is not required, to use its best efforts to resell the Property as soon : nd'su • h manner as the Agency shall find feasible and consistent with the objectives of the state redevelo• ent :w and of the Redevelopment Plan, as it may be amended, to a qualified and responsible party or pa . - (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 or who will assume the ownership, management, and operation of the Site(s) all in accordance with the uses specified herein and specified for the Site(s) or part thereof in the Redevelopment Plan. Upon such resale of the Site(s), the proceeds thereof shall be applied to reimburse the Agency, on its own behalf or on behalf of the City, for all costs and expenses incurred by the Agency, including, but not limited to, any expenditures by the Agency or the City in connection with the recapture, management and resale of the applicable Site or part thereof (but less any income delivered by the Agency from the applicable Site or part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to such Site or part thereof which the Developer has not paid (or, in the event the Site is exempt from taxation or assessment for such charges during the period of ownership thereof by the Agency, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if such area were not so exempt) any payments made or necessary to be made to discharge any encumbrances or liens existing on the Site or part thereof at the time of revesting of title thereto in the Agency, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or operation and management of the Improvements or any part thereof on the Site, or part thereof; and any amounts otherwise owing the Agency, the Developer and its successor or transferee; and Any balance remaining after such reimbursements shall be retained by the Agency as its sole property. The rights established in this Section 8 are to be interpreted in light of the fact that the Agency conveyed the Property to the Developer for development of housing available at an affordable housing cost, to persons and families of low -to moderate -income, and not for speculation in undeveloped land. Section Sales or Transfer of Property wir-r.A.c.A.-- Granteet\covenantX tharthe1shall 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 WHE EOF, the Grantor and Grantee have caused this instrument to be executed on their behalf by their respe• ive officers hereunto duly authorized, this day of , 1995. SAN JACINTO REDEVELOPMENT AGENCY ATTEST: By: Secretary S By: Chairman "AGENCY" HABITAT FOR HUMANITY HEMET/SAN JACINTO, INC. By: "DEVELOPER" Rn 110 n A-c ATTACHMENT NO. 6 CONSTRUCTION BUDGET an-95 IVATE PROJECT PROJECT BUDGET •••••••••••••• DATE: 9/29/94 OJE BROWN STREET ACRES: 0.50 DEVELOPE2: ACT: UNITS CAT SAN JACINTO PER ACRE 3.00 DURATION: CT A O. PLAN 6 MTHS. LENDER: :B ESTIMATE COST/SF 3.�. 1,198 1,398 3.794 MIX 2 1 3 MIX TYPE 38R2BTH 48R2BTH 0 0 30.00 00 LAND ACQUISITION 0 10 179 30,536 38.05 00 FEES 10,179 0 30.570 $8.06 00 DEVELOP MENT-OFF/ON5 10,190 10,190 0 $0.00 00 FINISH AREA IMP.-OFFSIT 0 SUBTOTAL 20.369 20.369 61,106 $16.11 93,467 $24.64 100 DIRECT CONSTRUCTION 29,604 34,2582 900 8,700 $2.29 100 FINISH AREA IMP.-ONSIT 2.900 3 900 9 700 $2.29 100 INDIRECT CONSTRUCTIO 3,077 SUBTOTAL DIRECT COST/S.F. TOTAL HARDCOST -----_ --- 0 0 0 0 50.00 )DO MARKETING 0 )00 FINANCE 0 $000 399 G & A ..00 8.517 8,517 25,550 73 399 CONTINGENCY 2•2,000 6.000 $1.58 2,000 35,582 40.236 111.399 $29.36 27.13 26.58 29.36 55,950 60.605 172.505 $45.47 TOTAL SOFTCOST 10,517 10.517 31,550 $8.32 TOTAL COST 66•467 71.121 204,055 $53.78 Jan-95 FEES :CT Ir; DESCRIPTION )20 PER EACH ACRE ESTIMATE FEES: 0 CURRENT PLANNING 0 ADVANCED PLANNING 0 0 GENERAL PLAN AMENDMENT 0 0 TENATIVE MAP 0 0 FINAL MAP 0 0 DRAINAGE 0 0 0 CITY SEWER 0 0 SEWER/TREATMENT(EMWD) 4.195 12.585 SEWER FRONTAGE 0 0 WATER CAP IMP 0 0 WATER METERS 400 1.200 WATER FRONTAGE 0 0 FIRE STATION MTG 0 0 FIRE SPRINKLERS 0 0 PARK FEE 0 0 PUBLIC BUILDINGS 0 0 PUBLIC SAFETY STRUCTURE 0 0 PUBLIC SAFETY EQUIPMENT 0 0 UNDERGROUNDING FEE 0 0 HYDRANT PAINTING 133 400 LLMD 133 400 STREET TREES 0 0 SCHOOL 5.317 15.951 SIGNALIZATION 0 0 LOCAL TRANSPORTATION 0 0 0 REGIONAL TRANSPORTATION 0 0 0 CAR POOL MITIGATION 0 0 10.179 30,536 -Jan-95 280 STREET LIGHTS 330 BLOCK WALLSISTUCCO/WOOD PERIMETER (wood) ENTRY SUBTOTAL 0 0 0 0 1.633 0 10.190 4.900 0 30,570 an-Y5 PROJEL i BUDGET .........• wore, • C'T PLAN 3. SIZE 'X fPE A B ESTIMATE 1,198 1.3913 3.794 2 1 3 3BR/2BTH 4BR/2BTH SQ.FT. SOFT. 20 CONCRETE FO 30 PLUMBING 40 ELECTRICAL 30 CARPENTRY-LU 35 CARPENTRY -LA 37 TRUSSES 10 CARPENTRY -HD 15 CARPENTRY-ST 30 WINDOWS 8 SG 40 DOORS & TRIM 50 FIREPLACE 55 FACE/MANTEL/ 60 SKYLIGHT 70 ROOFING 80 HEAT 8 AIR 90 SHEET METAL 20 SIDING OR PLA 30 INSULATION 40 DRYWALL 50 GARAGE DOOR 60 TUB/SHWR ENC 70 ORNAMENTAL I !80 LUM CEILING 90 PAINTING 100 CABINETS 120 COUNTERTOPS 1PPLIANCES 1 ,PRINKLER SYS 13& VACCUUM SYST 140 LIGHT FIXTURE 500 FINISH CARPEN 510 FINISH HDWR 520 WARDROBE DO 530 MIRRORS 540 WEATHER STRI 550 MEDICINE CABI 300 FLOOR-VINYLTTI 310 FLOOR -ENTRY 320 FLOOR -CARPET roo CLEAN -ROUGH/ COST/SO.F. 2.00 3,356.00 2.00 3.796.00 +Garage 10,508 2.77 1.25 1,497.50 1.25 1.747.50 4.743 1.25 0.80 958.40 0.80 1,118.40 3.0355 0.80 3.60 4,312.80 3.60 5,032.80 13,658 3.60 0.00 0.00 0.00 0.00 0 0.00 3.00 3,594.00 3.00 4,194 00 11.382 3 00 0.10 119.80 0.10 139.80 379 0.10 0.00 0.00 0.00 0.00 0 0.00 0.90 1,078.20 , 0.90 1,258.20 3,415 0.90 0.70 838.60 0.67 936.66 2,614 0.69 0.00 0.00 , 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0 00 1.00 1,198.00 1.00 1,398.00 3,794 1.00 1.40 1,677.20 1.40 1.957.20 5,312 1 40 0.00 0.00 0.00 0.00 0 0.00 0.80 958.40 0.80 1,118.40 3.035 0.80 0.44 527.12. 0.44 615.12 1,669 0.44 1 40 1,677.20 . 1.40 1,957.20 5,312 1.40 0.24 287.52 9 0.23 321.54 897 0.24 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.50 599.00 , 0.50 699.00 1,897 0.50 1.10 1,317.80 . 1.13 1,579.74 4,215 1.11 0.80 958.40 0.78 1,090.44 3,007 0.79 1.00 1,198.00 0.97 1,356.06 3,752 0•99 1.00 1,198.00 1.00 1.398.00 3,794 1.00 0.00 0.00 0.00 0.00 0 0.00 0.24 287.52 0.24 335.52 911 0.24 0.00 0.00 0.00 0.00 0 0 00 0.18 215.64 0.18 223.68 655 0.17 0.35 419.30 0.32 447.36 1,286 0.34 0.11 131.78 0.10 139.80 403 0.11 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.20 239.60 0.20 279.60 759 0.20 0.00 0.00 0.00 0.00 0 0.00 0.80 956.40 0.80 1,118.40 3,035 0.80 0.00 0.00 0.00 0.00 0 0 00 TOTALS 23.91 29,604.18 23.79 34,258.42 93,467 24.64 men -a-, G_..IMON AREA ••••••••••• :CT O. DESCRIPTION EACH ESTIMATE ONSITE. 130 FINISH GRADING 200 600 140 CLUB HOUSE 0 0 145 POOL & REC.AREA 0 0 150 LANDSCAPE 1.333 4.000 )60 FLATWORK 478 1.435 )90 FENCING CHAINLINK (Re 833 2.500 130 MAIL BOXES & HSE # 55 165 SUBTOTAL 2,900 8,700 OFFSITE: 331 FINISH GRADING 0 0 351 LANDSCAPE 0 0 D61 FLATWORK 0 0 D91 FENCING 0 0 111 GUARD GATE & EQUIP 0 0 SUBTOTAL 0' TOTAL-ON/OFFSITE 2.900 0 8,700 7 Jan•95 INDIRECT CONSTRUCTION DESCRIPTION PER EACH ESTIMATE MONTH 010 ARCHITECTURE-STRUCT 0 0 0 140 ARCHITECTURE-LANDSC 0 0 0 160 REPRODUCTION 133 400 67 ISO PLAN CHK & BLDG PERMI 1.644 4.932 822 VA APP. & INSPEC. 0 0 40 LEGAL 0 0 0 45 ACCOUNTING 0 0 0 50 BUSINESS LICENSE 0 0 0 '60 BONDS: 0 0 0 TAX 0 0 0 IMPROVEMENT 0 0 0 MONUMENT 0 0 0 165 INSURANCE (C OF C) 0 0 0 200 SALARY-SUPERINTENDA 0 0 0 Z10 SALARY -LABOR 0 0 0 300 FIELD OFFICE RENTAL 0 0 0 310 FIELD OFFICE TELE 0 0 0 320 FIELD OFFICE SUPPLIES 0 0 0 400 SECURITY -FENCE 0 0 0 SERVICE 0 0 0 430 EQUIPMENT RENTAL 0 0 0 440 SANITARY TOILET 200 600 100 460 TRASH BINS 500 1.500 250 480 TEMPORARY WATER 267 800 133 490 TEMPORARY POWER 333 1.000 167 500 AUTO EXPENSES 0 0 0 620 WATER TRUCK RENTAL 0 0 0 P-i STREET CLEANING 0 0 0 HACK OUTS(WINDOWS) 0 0 0 8Uu CUSTOMER SERVICE 0 0 0 TOTAL 3.077 9.232 1,539 Jan=95 G & A- NON PROFIT AND CONTRACTOR ................ «. «........».. «. :C'T O. DESCRIPTION PER EACH ESTIMATE MONTH 00 FIELD 0 0 50 OFFICE 8,516 67 25.550.00 ITEM AMT. •53 ADVERTISING 0.00 0.00 0 ,56 BUSINESS EXPENSES 1.500.00 4,500.00 750 59 EQUIPMENT 333.33 1,000.00 167 62 HEALTH INS. 533.33 1,600.00 267 165 LEASE EQUIP 0.00 0.00 0 68 LIABILITY INS. 2,000.00 6.000.00 1.000 171 MEMBERSHIPS 0.00 0.00 0 174 REFERENCE MATL 0.00 0.00 0 177 REIMBURSEMENT 0.00 0.00 0 180 RENT 933.33 2,800.00 467 183 SALARY 1,666.67 5,000.00 833 186 SUPPLIES 333.33 1,000.00 167 189 TELEPHONE 416.67 1.250.00 208 192 UTILITIES 800.00 2.400.00 400 195 VEHICLE EXPENSES 0.00 0.00 0 TOTAL 8,516.67 25,550.00 4,258.33 CONTINGENCY .............. :CT 10. DESCRIPTION EACH ESTIMATE )99 OFFSITE/ONSITE 0 0 )99 DIRECT 1,667 5.000 )99 INDIRECT 333 1,000 199 MARKETING 0 0 TOTAL 2,000 6.000 10 ATTACHMENT NO. 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO SAN JACINTO REDEVELOPMENT AGENCY 201 E. Main Street San Jacinto, CA 92583 (Space above for recorder.) This Agreement is recorded at the request and for the benefit of the Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. SAN JACINTO REDEVELOPMENT AGENCY By: Dated: its: DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS is made this day of , 1995, by Habitat for Humanity, Hemet/San Jacinto, as declarant (the "Developer"), with reference to the following: A. The Developer is fee owner of record of that certain real property located in the City of San Jacinto, County of Riverside, State of California, legally described in the attached Exhibit "A" (the "Property"), which is comprised of three (3) parcels ("Parcels"). The Property comprises the Site which is the subject of an agreement, further described herein, for the development, operation and maintenance of the Property for low- to moderate -income housing. The Property is to be used for the development of single- family housing units and subsequent occupancy as a primary residence by households meeting certain income qualifications, all in conforming with this Declaration and a disposition and Development Agreement between the Developer and the Agency dated as of , a copy of which is on file with the Agency as a public record (the "DDA"). B. The Property is within the Redevelopment Project Area (the "Project") in the City of San Jacinto and is subject to the provisions of the Redevelopment Plan for the Project adopted by Ordinance No. 754 on June 28, 1983, by the City Council of the City of San Jacinto. C. The San Jacinto Redevelopment Agency ("Agency") and the Developer have entered into a Disposition and Development Agreement dated as of concerning the development and use of the Property (the "DDA") which DDA is on file with the Agency as a public record and is incorporated herein by reference and which DDA prov' 'Is for the execution and recordation of this document. D. Developer deems it desirable to impose a general plan for the : and maintenance of the Property, and to adopt and establish covenants, condit s and restrictions upon the Property for the purpose of enforcing and protecting value, desirability and attractiveness thereof. E. Developer will convey title to all portions of said Property (including each Parcel) subject to certain protective covenants, conditions, and restrictions hereinafter set forth. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved, subject to the following covenants, conditions, restrictions and easements which are hereby declared to be fore the benefit of the whole Property. These covenants, conditions, restrictions and easements shall run with the Property and shall be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof (including each Parcel) and shall inure to the benefit of each owner thereof and their successors and assigns, and are imposed upon the Property and every part thereof (including each Parcel) as a servitude in favor of each and every Parcel as the dominant tenement or tenements. NOW, THEREFORE, THE DEVELOPER AGREES AND COVENANTS AS FOLLOWS: 1. Use Restrictions. The Property shall be occupied and used as follows: a. The single-family home on each Parcel ("Unit") shall be used only for private dwelling purposes and for no other purposes. The Units shall not be leased, subleased, rented or otherwise; rather, each Unit shall be the principal dwelling of the owner thereof and his family. Occupancy of each Unit shall be limited to a maximum of seven persons for a three -bedroom unit. b. No sign of any kind shall be displayed to the public view on or from any Unit without the prior approval of public view on or from any Unit without the prior approval of the Agency and shall conform to the City Code, except one (1) "for sale" sign on any Parcel. All signs otherwise permitted under this section shall conform with all ordinances and other regulations of the City. c. No owner of any Parcel, including for purposes of this agreement the Developer, ("Owner") shall permit or suffer anything to be done or kept upon such Parcel which will increase the rate of insurance on the Unit or on the contents thereof, or impair the structural integrity thereof or which will obstruct or interfere with the rights of adjacent property owners, or annoy them by unreasonable noises or otherwise, nor shall any Owner commit or permit any nuisance on such Owner's Parcel or fail to keep such Owner's Parcel free of rubbish, clippings and trash or commit or suffer any illegal act to be committed thereon. d. There shall be no structural alteration, construction or removal of any structure on any Parcel (other than repairs or rebuilding permitted herein) without the approval of the appropriate City departments in conformance with the City Code. e. No Owner shall permit the parking, storing or keeping of any vehicle on a Parcel except on the driveway or within the garage of the Parcel. No Owner shall permit the parking, storing or keeping of any large commercial type vehicle (dump truck, cement mixer truck, oil or gas truck, etc.), or any recreational vehicle (camper unit, camper shell detached from a private passenger vehicle, motor home, trailer, boat trailer, mobile home or other similar vehicle), boats over twenty (20) feet in length or any vehicle other than a private passenger vehicle upon any portion of the Parcel owner by such Owner, including the driveway or garage. No Owner shall permit major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle to be conducted upon any portion of the Parcel owned by such Owner, except for emergency repairs thereto and then only to the extent necessary to enable movement thereof to a proper repair facility. No inoperable vehicle shall have the right to remove, at the Owner's expense, any vehicle parked, stored or kept in violation of the provisions of this Declaration. In addition, all provisions of the San Jacinto Municipal Code, including amendments thereto, shall apply. 2. Controlled Substances. No alcoholic beverages shall be permitted to be consumed in public view, and controlled substances shall not be used, anywhere on or about any Parcel. 3. Maintenance. The exterior areas of each Parcel shall be kept free of rubbish, debris and other unsightly or unsanitary materials. Each Owner shall have the affirmative obligation to prevent the occurrence on the Parcel owned by such Owner of what might be considered a fire hazard or a condition dangerous to the public health, safety and general welfare; or constitute an unsightly appearance or otherwise detract from the aesthetic and property values of neighboring properties. The following minimum performance standards for the maintenance of the Unit and landscaping on each Parcel shall be adhered to by each Owner: (1) Landscaping on the Property shall be absent of the following: (a) Lawns with grasses in excess of six (6) inches in height. (b) Untrimmed hedges. (c) Dying trees, shrubbery, lawns and other plant life from lack of water or other necessary maintenance. Trees and shrubbery grown uncontrolled without proper pruning. Vegetation so overgrown as to be likely to harbor rats or vermin. Dead, decayed or diseased trees, weeds and other vegetation. Inoperative irrigation system(s). (2) Yard areas shall be maintained so as to be absent of the following: (a) Broken or discarded furniture, appliances and other household equipment stored in yard areas for periods exceeding one (1) week. (b) Packing boxes, lumber, trash, dirt, and other debris stored in yards for unreasonable periods in areas visible from public property or neighboring properties. (c) Unscreened trash cans, bins or containers stored for unreasonable period in areas visible from public streets and common areas. (3) No building, wall or fence may be left in an unmaintained condition so that any of the following exist: (a) Building abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction. (b) Unpainted building or buildings with peeling paint in such a condition as to: i. Cause dry rot, warping and termite infestation; or ii. Constitute an unsightly appearance that detracts from the aesthetic or property values of neighboring properties. (c) Broken windows, constituting hazardous conditions and/or inviting trespassers and malicious mischief. (d) Damaged garage doors that may become inoperative or unsafe to operate. (e) Graffiti remaining on any portion of the property for a period exceeding the (10) days. (f) Building interiors and exteriors shall be maintained to meet standards of similar residential property in the City of San Jacinto. (4) No more than two (2) domesticated pets of conventional varieties shall be permitted per Unit; farm animals shall not be permitted. 4. City's Right of Review and Enforcement The City of San Jacinto ("City") and the Agency shall be made a party to this Declaration for the limited purpose as specified herein as follows: a. Changes or amendments to this Declaration must be submitted for City/Agency review and approval. b. In the event of inaction by any Owner, the City and Agency are hereby granted expedient power to enforce all provisions of this Declaration including, but not limited to, the maintenance of the Improvements and all yards, buildings and landscaping areas within the Site. c. The City and Agency are hereby granted the express power to enforce all laws and ordinances of the State of California and/or the City of San Jacinto on yards, structures, private parking areas within the Property. Nothing within this Declaration, however, shall be construed as imposing an obligation or requiring the City or Agency to enforce any provision thereof. d. This Declaration shall not be amended to remove, or to result in the effective removal, of the restrictions on the Property set forth in Sections 1, 2, 3 and 4 hereof. As to all other types of amendments, the City and the Agency shall be given prior written notice of any proposed amendment to this Declaration. Such notice shall be given by mailing a copy of the precise language of the proposed amendment to the City of San Jacinto, c/o City Clerk, together with a letter of transmittal explaining the proposed change in general terms. The City and the Agency shall have an opportunity to review and comment upon the proposed amendment for a period of not less than forty-five (45) days prior to the effective date of any such proposed amendment. If the City or Agency fail to respond within forty-five (45) days, the proposed change(s) and amendment(s) shall be deemed disapproved, unless that time period is extended by mutual agreement of all parties. 5. Miscellaneous Provisions a. If any provision of this Declaration or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Declaration; and each provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. b. This Declaration shall be construed in accordance with the laws of the State of California. c. This Declaration shall be binding upon and inure to the benefit of the successors and assigns of the Developer. d. In the Event action is instituted to enforce any of the provisions of this Declaration, the prevailing party in such action shall be entitled to recover from the other party thereto as part of the judgment, reasonable attorney's fees and costs. 6. The covenants and agreements established in this Declaration shall, without regard to technical classification and designation, be binding on each Owner and any successor in interest to the Property, or any part thereof (including each Parcel), for the benefit of any in favor of the Agency, its successor and assigns, and the City of San Jacinto, and shall remain in effect for fifty (50) years from the date of the recording of this document). 7. This Site is subject to sales restrictions and such other restrictions related to low and moderate income housing as is stated within the Disposition and Development Agreement (DDA) dated between the San Jacinto Redevelopment Agency and Habitat for Humanity, Hemet/San jacinto restrictions are specifically incorporated herein by reference. IN WITNESS WHEREOF, Owner has executed this instrument the day and year first hereinabove written. Dated: Dated: By: By: Habitat for Humanity, Hemet/San Jacinto "OWNER" STATE OF CALIFORNIA ) On before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the corporation that executed with within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. (SEAL) COUNTY OF RIVERSIDE ) ss ) On before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me on the basis of satisfactory evidence to bE the person who executed the within instrument as the Secretary of the corporation that executed with within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. (SEAL) ATTACHMENT NO. 8 Schedule of Performance The Developer shall commence construction of the three homes within 90 calendar days following the signature of this Agreement by both parties. The three homes shall be completed within 180 calendar days following the issuance of the necessary building permits from the City. Complete the sale of at least one home on the Site within 90 calendar days following the completion of construction and the issuance of Certificates of Occupancy for the home constructed. Complete the sale of all three of the homes within 150 calendar days following the completion of construction and the issuance of Certificates of Occupancy for the three homes constructed. ATTACHMENT NO. 9 INSURANCE Alpine surance Company,� 311 South Wacker Drive, Chicago, Illinois 60606 . (31211i22-8800' ' i-EE .5% DECLARATIO'-N,SuE -- this Declaration Page is issued in conjunction with and forms a part of Policy Number: GAC 1478 Item 1. Name of Insured: A.A. CHAMBERLAIN & ASSOCIATES, INC. Address: 1520 SOUTH SAN JACINTO AVENUE. #1 SAN JACINTO, CALIFORNIA 92583 Item 2. Policy Period: NOVEMBER 30, 1994 to NOVEMBER 30, 1995 (12:01 a.m. unless othemse awaited) Item 3. Description of Insurance afforded hereunder. COMMERCIAL GENERAL LIABILITY Item 4. Limits of Liability: Coverage is provided only if a limit is shown below: General Aggregate Limit (other than Products -Completed Operations) $ 1,000,000.00 Products - Completed Operations Aggregate Limit $ 1,000,000.00 Personal & Advertising Injury Limit $ 1,000,000.00 Each Occurrence Limit $ 1,000,000.00 Medical Payments Limit $ 5,000.00 Fire Damage Limit $ 50,000.00 (any one person) (any one fire) Item 5. Self Insured Retention: $ ❑ Per Claim ❑ Per Occurrence/Offense Item 6. Deductible: Item 7. The Named Insured is: $ 1,000.00 ® Per Claim ❑ Per Occurrence/Offense SEE ENDORSEMENT #5 ❑ Individual E Joint Venture ® Corporation ❑ Other ❑ Partnership Item 8. Premium: The premium stated herein is the minimum premium for the policy period. Any adjustment upon audit will be upward only. There will be no premium refund of the minimum premium upon audit, if the estimated exposure is less than shown herein. ® Annual ❑ Term 58,647.00 MINIMUM & DEPOSIT PREMIUM E Flat ® Adjustable at a Rate of: $18.99 PER $1,000 OF GROSS RECEIPTS E Flat Fully Earned Estimated Exposure: $350,000.00 Item 9. Endorsements and forms attached to this Policy: ADDLDEC (Ed. 02/09/94); OCC1-18 (Ed. 09/01/91) (rev. 08/01/94); ENDORSEMENTS 1 THROUGH 8 Authorized Representative: Countersignature Date: December 29, 1994 ALP-OCUR (Ed. 09/16/911 ATTACHMENT NO. 10 CERTIFICATE OF COMPLETION RECORDING REQUESTED BY SAN JACINTO REDEVELOPMENT, AND WHEN RECORDED MAIL TO: SAN JACINTO REDEVELOPMENT AGENCY 201 E. Main St. San Jacinto, Ca 92583 Attn: Executive Director [Space above for Recorder's Use] CERTIFICATE OF COMPLETION OF CONSTRUCTION AND DEVELOPMENT WHEREAS, by a Disposition and Development Agreement dated , 1995, by and between the SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter referred to as the "Agency") and Habitat for Humanity, Hemet/San Jacinto, Inc. (collectively referred to as the "Developer"), the Developer has constructed a house at Brown Street upon the real property (the "Site"), legally described on the attached Exhibit A, by constructing or causing to be constructed the improvements thereon according to the terms and conditions of said Disposition and Development Agreement (the "DDA"); and WHEREAS, pursuant to Section 3.21 of the DDA, promptly after completion of each home within the Site the Agency shall furnish the Developer with a Certificate of Completion upon written request therefor by the Developer; and WHEREAS, the Developer has requested that the Agency furnish the Developer with the Certificate of Completion; and WHEREAS, the Agency has conclusively determined that the construction of the home conforms to the DDA; NOW, THEREFORE: 1. As provided in the DDA, the Agency does hereby certify that the construction of the home required to be constructed on the Site described in Exhibit "A" hereto has been satisfactorily performed and completed, and that such development and construction work complies with the DDA. 2. This Certificate of Completion does not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of mortgage security money loaned to finance the work of construction of improvements and development of the Site, or any part thereof. This Certificate of Completion is not a notice of completion as referred to in Section 3093 of the California Civil Code. 3. This Certificate of Completion does not denote completion of any work required to be complete, other than on the Site for the specific home. 4. The Deed of Trust recorded as document No. among the official land records of the County of Riverside and those Conditions, Covenants and Restrictions recorded as Document No. among the official land records of the County of Riverside shall remain in full force and effect. IN WITNESS WHEREOF, the Agency has executed this Certificate as of this day of , 1995. SAN JACINTO REDEVELOPMENT AGENCY By: ATTEST: Agency Secretary Executive Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) t! 3 the person who executed the within instrument as the Executive Director of the SAN J� ,NTO REDEVELOPMENT AGENCY and acknowledged to me that the SAN J. .;INTO REDEVELOPMENT AGENCY executed it. Signature of Notary Public Name typed or printed (SEAL) ATTACHMENT NO. 11 MAXIMUM SALES PRICE ILLUSTRATION THIS IS A HYPOTHETICAL EXAMPLE Illustration of the calculation of the maximum Sales Price to be paid by a purchaser of a Restricted Unit: Assumptions 1. Family size = 4 Persons 2. Pursuant to 25 Cal. Code of Regulations Section 6932, the maximum income level for a Person or Family of Low or Moderate Income is 120% of area medium income. For a family size of 4 in Riverside County that income level, as of , is $ 3. Interest Rate = 10%. 4. Property taxes and assessments (per month) _ $85.00. 5. Hazard insurance (per month) _ $40.00. 6. Downpayment on house = 10% of Sales Price. 7. The first mortgage loan financing the purchase of the Restricted Unit is a 30-year, fully amortizing loan. 8. No other mortgage financing is provided for the purchase of the Restricted Unit. Pursuant to the Health & Safety Code Section 33413(b) (2) and Section 401 of the Disposition and Development Agreement, Affordable Housing Cost shall not exceed % of gross income. CALCULATION OF SALES PRICE: Calculate monthly Affordable Housing Cost: $ [Maximum income of Family of Low Income adjusted for family size (4 persons)] X [Affordable Housing Cost cannot exceed % of income] divided by 12 [to calculate the maximum monthly Affordable Housing Cost] $ [As this hypothetical illustrates. no Family of Low or Moderate Income with a family size of 4 shall spend more than $ per month, as of the date hereof. on the sum of the items listed in Purchase Housing Cost.] II. Calculation of maximum amount to be spent on principal and interest of mortgage loan and loan insurance fees, if any. [Maximum monthly Affordable Housing Cost( $85.00 [Property taxes and assessments (per month)] $40.00 [Hazard insurance (per month)] s (Maximum amount (per month) to be spent on principal and interest on mortgage loan and loan insurance fees] III. Calculation of Sales Price: THIS HYPOTHETICAL ASSUMES NO MORTGAGE FINANCING OTHER THAN A FIRST MORTGAGE - If additional financing is available (such as through a deferred seller-carryback note), and provided that such additional financing is expressly permitted by the Disposition and Development Agreement between the San Jacinto Redevelopment Agency (the "Agency") and DEVELOPMENT COMPANY the sales Price will increase by the amount of that deferred financing. This additional financing must be deterred in oraer not to increase monthly Purchase Housing Cost expenditures. 1 . At a 10% interest rate. a $ monthly principal and interest payment can carry a 30-year mortgage loan of $ 2. (a) [Mortgage loan] = (1 downpayment %) times the Sales Price (b) $ loan = (1-.1) times the Sales Price 3. Solve for the Sales Price: $ !(1-.1) = Sales Price Sales Price = 'S ATTACHMENT NO. 12 CERTIFICATE OF PROPOSED TRANSFEREE THIS FORM MUST BE DELIVERED TO THE OWNER BEFORE PROCEEDING WITH ANY TRANSFER OF THE PROPERTY. 1. The Proposed Transferee is Names: 1995 Current Address: Telephone Number: 2. The address of the property which the proposed transferee desires to purchase is (the "Property"), which was built in the San Jacinto Redevelopment Proiect Area No. 1. 3. The proposed transferee represents. warrants and covenants the following: (a) The proposed transferee has never previously owned a single-family home. (b) The Property will be the principal residence of the proposed transferee. (c) The combined maximum annual income in the current year for all household members of the proposed transferee is $ . (This figure must reflect income from all sources.) (d) The proposed transferee will deliver to the Agency a signed financial statement on a form acceptable to the Agency. 4. The proposed transferee's household consists of the following persons who will reside in the Property: Adults (18 or over) - [name of each!: Minors (under 18) - (name of each!: 5. The proposed transferee must submit to the Owner, on a form available form the Owner, an income certification so the Owner may determine if the proposed transferee is an Eligible Person or Family. 6. A true and correct copy of the proposed transferee's most recent tax return to the U.S. Interns Revenue Service is attacned hereto. 7 The terms of the proposed transfer are: (a) Sales price of $ . This sales price is based on the maximum price at which the Purchase Housing cost of the Proposed Transferee would not exceed Affordable Housing Cost. The calculation of the Sales Price under this section is illustrated in Attachment No. 10 to the Disposition and Development Agreement. (b) Price of any faeLsOlal property being sold by the Owner to the proposed transferee: (if none, so state) $ (c) The price of $ services of Owner. (If no. so state). (d) All other amounts of money or other consideration, if any, concerning the Property or any other matter to be paid by the proposed transferee to the Owner: $ . (If none, so state). (e) Sources of payment of sales price: Sales Cash down payment 1st loan 2nd loan Other (describe) to be paid by the proposed transferee for any Total ( f) The financing obtained by the proposed transferee to purchase the Property is as follows: 1st Loam Loan amount: $ Monthly payments: S_ Interest rate if variable interest, describe adjustment mechanism: Due date: Balloon payment amount: Points and fees: Lender: Lender's address: 2nd Loan: Loan amount: $ Monthly payments: $ Interest rate if variable interest. describe adjustment mechanism: Due date: Balloon payment amount: Points and fees: Lender: Lender's address: Other Loans: (describe. if none. so state) (g) The monthly Purchase Housing Cost to be paid by the proposed transferee: 1st loan monthly payment: $ 2nd loan monthly payment: $ Other loans monthly payment $ Taxes and assessments (1/12 of yearly taxes and assessments): $ Insurance (1/12 of yearly premium): Homeowner's dues: $ Total: $ 8. A true and correct copy of proposed transferee is attached he I declare under penaity or true and correct. PROPOSED TRANSFEREE: Date the purchase and sale or otner agreement between the owner and the reto. perjury under the laws of the State of California that the foregoing is signature signature print name print name street address telepnone City State Zip Code Developer's Certification Based on the Proposed Transferee's Certificate, above, and all documents attached hereto, Developer hereby certifies that: (1) Proposed Transferee is an Elioible Person or Family; and. (2) The monthly Purchase Housing Cost to be paid by the Proposed Transferee shall not exceed the monthly Affordable Housing Cost. (Capitalized terms used above are defined in the Disposition and Development Agreement to which this certificate is attached.] OWNER: Date: [Name( ATTACHMENT NO. 13 NOTICE OF INTENT TO TRANSFER NOTICE OF INTENT TO TRANSFER MUST BE DELIVERED TO THE SAN JACINT( REDEVELOPMENT AGENCY PRIOR TO PROCEEDING WITH ANY TRANSFER OF THE PROPERTY. From: _� ("Owner") To: San Jacinto Redevelopment Agency Go City of San Jacinto 201 E. Main St. San Jacinto, CA 92583 Attn: Community Development Director Re: (street address) San Jacinto. California (the "Property") Owner desires to [sell, convey, transfer by inheritance or devise, leasee. gift. otherwise transfer] (circle appropriate words) the Property. If the Agency has a program to help locate an Eligible Family, does the Owner want the Agency to look for an Eligible Person or Family to buy the Property? Yes No D ate Signature of Owner L ) daytime telephone number of owner Signature of Owner daytime telephone number of owner I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. OWNER: Date signature signature print name print name street address City PROPOSED TRANSFEREE: Date signature telephone Slate Zip Code signature print name pant name street address telephone City Slate Zip Code ATTACHMENT NO. 14 PEQU.EST FOR APPROVALOF PROPOSED TRANSFERE THIS FORM MUST BE DELIVERED TO THE SAN JACINTO REDEVELOPMENT AGENCY BEFORE PROCEEDING WITH ANY TRANSFER OF THE PROPERTY. San Jacinto Redevelopment Agency c/o City of San Jacinto Community Development 201 E. Main St. San Jacinto, CA 92583 1995 Attn: Development Officer Redevelopment Project Area Re: Request for Approval of Proposed Transferee To Whom It May Concern: The undersigned is the owner of real property in San Jacinto, located at (the "Property"), which was built within the Redevelopment Project Area. The Owner now desires to transfer the Property and by this letter is requesting the City of Sa Jacinto to approve the proposed transferee. 1. The Proposed Transferee is Name: Current Address: Telephone Number: 2. The terms of the proposed transfer are: (a) Sales price of $ . This sales price is based on the lesser of ( i) Fair market value: or (i i) The maximum price at which the Purchase Housing Cost of the Proposed Transferee would not exceed Affordable Housing Cost. The calculation of the Sales Price under this subsection (ii) is illustrated in Attachment No. 10 to the Disposition and Development Agreement. IN ORDER TO ANSWER QUESTION 2(a) YOU MUST CALCULATE THE PROPOSED SALES PRICE BASE ON AFFORDABLE HOUSING COST, TAKING INTO CONSIDERATION ALL ITEMS LISTED IN THE DEFINITION OF PURCHASE HOUSING COST. (b) Price of any persona( property being sold by the owner to the proposed transferee: (if none, so state) (c) The price of $ of Owner. (If no, so state). (d) All other amounts of money or other consideration, if any, concerning the Property or any other matter to be paid by the proposed transferee to the Owner: $ (If none, so state). (e) Sources of payment of sates price: Sales price $ Cash down payment 1st loan $ 2nd loan $ Other (describe) $ to be paid by the proposed transferee for any services $ Total (f) The financing obtained by the proposed transferee to purchase the Property is as follows: 1st Loan: Loan amount: $ Monthly payments: $_ Interest rate if variable interest. describe adjustment mechanism: Due date: Balloon payment amount: Points and fees: Lender: Lender's address: 9nd Loan: Loan amount: $--- Monthly payments: $------`— Interest rate if variable interest, describe adiustment mechanism: Due date: — Balloon payment amount: -- Points and fees: Lender: Lender's address: Other Loans: (describe. if none, so state) (g) The monthly Purchase Housing Cost to be paid by the proposed transferee: 1 st loan monthly payment: $------------ a 2nd loan monthly payment: $ a Other loans monthly payment $ Taxes and assessments (1/12 of $ yearly taxes and assessments): Insurance (1/12 of yearly premium): $— Homeowner's dues: Total: 3. The proposed transferee represents, warrants and covenants the following: (a) The Property will be the principal residence of the proposed transferee. (b) The combined maximum annual income for all ouseholl old members rces of the proposed (This figure nat. in transferee is $ (c) The proposed transferee will deliver to the Agency a signed financial statement on a forth acceptable to the Agency. 4. The proposed transferee household consists of the following persons who will reside in the Property: Adults (18 or over) - [name of each]: Minors (under 18) - (name of each]: Ow 5. The proposed transferee mustsubmit to a of Age gency, on proone ad form a raila sle form th a Pennon an income certification so the Agency may Family. 6. A true and correct copy of the proposed transferee's most recent tax return to the U.S. Internal Revenue Service is attached hereto. 7. A true and correct copy of the purchase and sale or other agreement between the owner and the proposed transferee is attached hereto. I dectare under penalty of perjury under the laws of the State of California that the foregoing is true ana correct. OWNER: Date signature print name signature print name street address telephone City State Zip Code PROPOSED TRANSFEREE: Date signature signature print name print name street address telepnone City Slate Zip Coae ATTACHMENT NO. 15 RECORDING REQUESTED BY SAN JACINTO REDEVELOPMENT, AND WHEN RECORDED RETURN TO: San Jacinto Redevelopment Agency 201 E. Main St. San Jacinto, Ca 92583 Attn: Executive Director ASSUMPTION AGREEMENT This Assumption Agreement is entered into by: The San Jacinto Redevelopment Agency ("Agency") ("Selling Owners") Date of Agreement: FACTS ("Buying Owners") A. Selling Owners are all of the Owners of property commonly known as , San Jacinto, California (the "Property") and more particularly described in Exhibit A attached hereto and incorporated hereby this reference. B. The Property is subject to the Disposition and Development Agreement between the Agency and Habitat for Humanity, Hemet/San Jacinto, dated as of (the "DDA", a copy of which is on file with the Agency as a public record and is incorporated herein by reference, the Grant Deed recorded at Book , Page Series M of the official land records of Riverside County (the "Grant Deed"), and that certain Second Deed of Trust recorded at Book , Page , Series No. of the official land records of Riverside County (the "Restriction"). The DDA, the Deed of Trust, and the Restriction restricts the sales price that can be charged for the Property and the persons to whom the Property can be sold. C. Buying Owners desire to purchase the Property. Buying Owners understand that the Restriction will limit the purchase price they can receive when they sell the Property and will limit the people to whom they can sell the Property. D. Buying Owners are able to purchase the Property because the purchase price of the Property may be less than other similar property without Restrictions. For this reason Buying Owners desire to purchase the Property. E. In order to purchase the Property, Buying Owners must assume all obligations of the Owner under the DDA, the Deed of Trust, and the Restriction and must agree to bound by all the provisions in the Restriction. NOW THEREFORE, Buying Owners agree as follows: 1. Acknowledgement of Limitation on Future Sales Price. BUYING OWNERS UNDERSTAND THAT WHEN BUYING OWNERS DESIRE TO SELL OR TRANSFER THE PROPERTY THAT THE SALE PRICE CAN BE DETERMINED ONLY AT THE TIME PROPOSED TRANSFER TAKING INTO CONSIDERATION INTEREST RATES, PROPERTY TAXES AND OTHER FACTS THAT CANNOT BE PRICED ACCURATELY AND THAT THE SALES PRICE MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR PROPERTY THAT IS NOT ENCUMBERED WITH THE DDA, THE DEED OF TRUST, AND THE RESTRICTION. BUYING OWNERS ALSO ACKNOWLEDGE THAT ALL TIMES IN SETTING THE SALES PRICE THE PRIMARY OBJECTIVE OF THE AGENCY AND THE RESTRICTION IS TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AFFORDABLE HOUSING COST. THE SALE PRICE, WHEN BUYING OWNERS DECIDE TO SELL THE PROPERTY, WILL LIKELY BE LESS THAN OTHER SIMILAR PROPERTIES WHICH HAVE NO RESTRICTIONS. Buyer's Initials 2. Understand the DDA, the Deed of Trust, and the Restriction. Buying Owners represent that they have read the Restriction and fully understand the DDA, the Deed of Trust, and the Restriction. 3. Owner Occupancy. Buying Owners agree that they will occupy the Property as their primary residence and that they will comply with all provisions of the DDA, the Deed of Trust, and the Restriction relating to occupancy of the Property. 4. Assumption of Obligations Under the DDA, the Deed of Trust, and the Restriction. As a material consideration to the Agency in approving Buying Owners, Buying owners hereby assume all obligations of the Owner (as defined in the DDA, the Deed of Trust, and the Restriction), related to the Property set forth in the DDA, the Deed of Trust, and the Restriction. Buying Owners agree to be bound by all duties and obligations of the Owner in the DDA, the Deed of Trust, and the Restriction and agree to comply with all provisions thereof for the term of the DDA, the Deed of Trust, and the Restriction. Buying Owners agree as set forth above in order to have the benefit of the restricted purchase price for which the Property is offered. 5. Remedies. Upon the occurrence of an Event of Default, the Agency shall have the following remedies: (a) Specific Performance. The Agency shall have the right to bring an action for specific performance of this Agreement to require the Developer to comply with the terms and provisions of this Agreement. Developer acknowledges that it is the intention of Developer and the Agency that these provisions be specifically enforceable to maintain the supply of affordable housing for Eligible Persons and Families. (b) Application to Court. The Agency may apply to a court of competent jurisdiction for an injunction prohibiting a proposed Transfer in violation of this Agreement, for a declaration that a Transfer is void or for any other such relief as may be appropriate. (c) All Remedies Available and Cumulative. Upon the occurrence of an Event of Default, the Agency shall have the right to exercise all the rights and remedies, and to maintain any action at law or suits in equity or other real property proceedings, to enforce the provisions of this Agreement, the DDA, the Restriction and the Deed of Trust, and to cure any Event of Default or violation hereof. No delay in enforcing the provisions hereof as to Event of Default or violation shall impair, damage or waive the right of the Agency to enforce the provisions of this Agreement in the future or any continuing or new breach or violation of any of the covenants or restrictions contained in this Agreement, the DDA the Restrictions, and the Deed of Trust. All rights and remedies, including without limitation those set forth in Section (a) above, of any party legally entitled to enforce this Agreement, the DDA, the Restrictions, and the Deed of Trust, shall be cumulative and the exercise of any such right or remedy shall not impair or prejudice and shall riot be a waiver of the right to exercise any other such right and remedy. IN WITNESS WHEREOF, the parties have executed this Assumption Agreement to be effective on the date of recordation of a deed conveying the Property to Buying Owners. Date Buying Owner Date Buying Owner Based on information provided by Selling Owners and Buying Owners and on buying Owners execution hereof, the San Jacinto Redevelopment Agency hereby approves Buying Owners to purchase the Property subject to this Agreement. San Jacinto Redevelopment Agency Date By Name Title cN Staff Report JACINTO TO: Honorable Mayor and Councilmembers FROM: Les Evans, Public Works Director Pamela S. Easter, City Manager DATE: March 21, 1995 RE: COUNTY SERVICES AREA (CSA) 152 ADMINISTRATIVE SERVICES CONTRACT NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) AND RESOLUTION SETTING RATES FOR THE COUNTY SERVICE AREA Recommendation: 1. Approve the Administrative Services Agreement between Riverside County and the City of San Jacinto, which will enable the County to formally assess and collect City CSA 152 parcel charges and revenue for the NPDES program. 2. Adopt Resolution No. Setting the Rates for County Service Area (CSA) 152 to Fund City's National Pollutant Discharge Elimination System (NPDES) Permit Program. Alternative to Staff Recommendations: If the Council declines to adopt the staff recommendation, they should direct staff on how to proceed with compliance with the NPDES Permit Program. An alternative which the Council may consider follows on page two. NPDES/CSA 152 Page Two March 21, 1995 Direct staff to not comply with the NPDES permit program or certain aspects of the NPDES permit program. The major cost items of the program include: a. Storm Drain Inspection $ 5,250.00 b. Staff work (attend NPDES meetings Prepare NPDES reports) $ 10,000.00 c. Additional Street Sweeping $ 7,800.00 d. Education $ 500.00 e. Additional Catch Basin & Storm Drain Maintenance $ 10,000.00 f Preparation and printing of inspection forms $ 500.00 The Council should be specific regarding which of the above items should be deleted and how remaining items should be funded and from what eligible funding sources. Fiscal Impact: The proposed total budget for the FY 1995-96 NPDES Permit Program is $46,630. Included in this amount is the County Annual Administrative charge which is 6% of City CSA revenue or $2,640.00. Also included is the cost to form the District which will be approximately $9,940.00. These funds can be recouped through the CSA assessment. Background: Recently, at their March 7, 1995 meeting, the City Council deadlocked in a two to two vote regarding approval of the staff recommendation. The item was automatically agendized for the next meeting in accordance with City Council policies. The County has advised that their "drop dead" date for San Jacinto to join the County program is March 22, 1995. Previously, at their February 21, 1995 meeting, the City Council tabled the Agreement and Resolution, pending a report from the City Attorney on the ramification of non- compliance with the NPDES legislation. The City Attorney reported that non-compliance is punishable by fines of up to $25,000 a day and "willful" non-compliance is subject to civil and criminal penalties. Staff strongly recommended and continues to recommend that the City Council comply with the NPDES regulations. NPDES/CSA 152 Page Three March 21, 1995 On September 6, 1994, the City Council approved a Resolution making application to the Local Agency Formation Commission (LAFCO) for the annexation of the City to County Service Area 152. That annexation was approved by the County Board of Supervisors on December 6, 1994. The regulations which require a storm water management program originated in 1987, when Congress enacted the Water Quality Act which amended portions of the Clean Water Act (CWA). Section 402 (p) of the CWA requires that the EPA establish regulations setting forth a program of NPDES applications and corresponding permits for storm water discharges from industrial sources and municipal separate storm drain systems. EPA published its draft regulations in December 1989 for review and comment. The Final Rule for NPDES Permit Application Regulations for Storm Water Discharges was published on November 1, 1990. The Rule specifies who is covered by the regulations; prescribes a variety of required information -gathering, planning, and reporting activities; and sets forth a schedule for compliance with the two-part permit application requirements. The Rule also sets forth specific application requirements for identified industries. Under these rules, the City of San Jacinto is required to institute a program to protect the environment from contaminated storm water run-off. This program will include increased monitoring, cleaning and inspection of drainage facilities. Only $10,000 is included for storm drain maintenance. Revenue to offset the cost of the NPDES Program has been provided through CSA 152 for many Riverside County cities. NPDES/CSA 152 Page Four March 21, 1995 So far the cost of implementation of the program has not been high. A summary of present charges by other Agencies in CSA 152 is shown below: CSA 152 Annual Assessment No. of BAU's Proj. Revenue Banning $ 4.72 12,632 $ 59,649 Cathedral City 8.48 23,852 167,000 Corona 5.82 38,145 222,000 Desert Hot Springs 1.57 6,998 10,951 Indio 0.00 23,518 -0- La Quinta 9.99 15,039 105,000 Moreno Valley 1.55 47,043 73,000 Murrieta 10.00 13,087 131,010 Norco 5.78 8,637 49,861 Palm Desert 0.00 32,570 -0- Palm Springs 9.50 35,435 336,792 Rancho Mirage 4.68 19,602 68,000 Riverside 2.83 95,865 271,287 Coachella 0.00 10,479 -0- San Jacinto (Proposed) 4.26 10,950 46,630 Proposed Assessments are confirmed by cities and recommended to the County for approval. Rates are for a single family residential parcel which is equal to one (1) Benefit Assessment Unit (BAU). Other parcel assessments will vary with land use, size of parcel and relative stormwater runoff potential. Vacant, undeveloped and agriculture parcels are excluded. The County has determined that there are 10,950 BAUs in the City of San Jacinto. City staff has prepared a preliminary budget of $46,630 which describes a minimal NPDES Program for the City for 1995-96. The program of work can be seen in Attachment "A: to this staff report. The preliminary budget is also attached. The cost of forming the assessment district and the County's annual administrative fee for administering the CSA totals $12,580.00. If the City Council approves the Administrative Services Agreement and adopts the Resolution setting a rate to fund the NPDES Program, the County of Riverside will prepare the required reports, notice property owners and hold the necessary public hearings. The City Council may revise the proposed budget and assessment rate at any time up to final approval by the County Board of Supervisors. This approval will probably occur in June, 1995. 31 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 ADMINISTRATIVE SERVICES AGREEMENT FOR CSA 152 PROGRAM BETWEEN RIVERSIDE COUNTY AND CITY OF SAN JACINTO This Agreement, entered into as of this day of 1995 by the COUNTY OF RIVERSIDE, hereinafter called "COUNTY", and the CITY OF SAN JACINTO, hereinafter called "CITY", establishes the responsibilities and obligations of each party concerning the management and financing of COUNTY SERVICE AREA 152, hereinafter called "CSA 152". RECITALS WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act (CWA) [33 U.S.C. 1342(p)]; and, WHEREAS, Section 402(p) requires certain municipalities, construction and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before discharging stormwater into the waters of the United States; and, WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES Permit for each of the three watersheds of the County; and. WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits; and, WHEREAS, cooperation between COUNTY and CITY in the administration and implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and, WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 94-411 on December 6, 1994; and, WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this 281 1 1 1 41 1 6 7 8 9 10 11 12 13 14 15 16 17 181 19 20 21 23 24 25 26 27 281 Agreement that will benefit all parties; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall be as follows: A. COUNTY shall assume the responsibilities and meet the requirements of CSA 152 administration for COUNTY and CITY by: (1) Preparing CSA 152 budget and reports in compliance with County Ordinance No. 573. (2) COUNTY also shall: (a) Prepare the required narrative for said budget and reports along with COUNTY'S individual budget or report on COUNTY activities. (b) Annually prepare and forward to the appropriate agency computer tape information on individual assessments of parcels within CITY for generation of Benefit Assessment Units (BAU) totals and assessments for CITY. (c) Forward CITY corrections to assessments and tax bills to Auditor- Controller/Tax Collector. (d) Review and coordinate CITY CSA 152 budget with overall CSA 152 budget. (e) Reimburse CITY for actual expenditures incurred under provision of approved CITY CSA 152 budget and allocations. (f) Conduct mailing of proposed tax rate assessment for CITY for FY 94/95 and any year CITY requires notices. COUNTY shall bill CITY for these services at cost. (g) Provide to CITY annual property assessment printouts and a BAU r 31 4 5 6 7 8 9 10 11 12 13 15 16 17 181 19 20 21 22 23 24 25 26 summary. (h) Provide to CITY standardized forms including but not limited to assessment re-evaluation forms, budget and expense reimbursement formats. (i) Serve as administrative and technical advisor on CSA budget preparation and assessment re-evaluations. (j) Assess C1TY an annual six percent (6%) administrative fee on new revenue for CITY CSA 152 budget. (k) Be responsible to CITY for reasonable requests by CITY for information, billing tapes, data, changes, corrections, refunds, issuances of new CITY tax bills or revisions. Said requests will be at expense of CTTY. (1) Conduct annual County public budget bearing of CSA 152. (m) Assist CITY with first year CITY information workshop on NPDES program and CSA 152 administration by providing administrative and technical guidance. (n) Provide CITY with copy of CSA 152 budget prior to submittal to COUNTY Board of Supervisors. B. CITY shall assume the responsibilities and meet the requirements of CSA 152 administration for CITY by: (1) Preparing CITY CSA 152 budget and reports on its activities using COUNTY format, hereto attached as Exhibit A and incorporated herein by reference. Said budget and reports shall be submitted to COUNTY for incorporation with COUNTY CSA 152 budget narrative and in accordance with Schedule of Events, hereto attached as Exhibit B and incorporated herein by reference. 3 11 91 41 6 7 8 9 101 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) CITY shall also: (a) Conduct NPDES and CSA 152 public forum for CITY constituents prior to COUNTY CSA 152 public hearing for new or increased CSA 152 assessment over prior fiscal year assessment. (b) Be responsible for CITY updates, corrections or revisions to be entered into COUNTY data base for CSA 152 or any corrections, revisions, refunds or issuance of new CITY tax bills through COUNTY at CITY expense. (c) Be responsible to COUNTY for any proposed tax assessment printing and/or mailings CITY may want COUNTY to perform at CITY expense. (d) Be responsible for replies to CITY taxpayer inquiries and requests for CITY CSA 152 budget information and NPDES Program within CITY boundaries. (e) Provide COUNTY with CITY telephone numbers and public forum dates for CITY taxpayer inquiries on CITY CSA 152 program and for inclusion on CITY CSA 152 assessment mailings or proposed assessment increases by February 15 of each year, and keep such numbers updated as necessary. 2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of COUNTY and CITY. CITY share of annual CSA 152 administration shall be a six percent (6%) fee of CITY CSA 152 annual budget. A. CITY shall be responsible for payment to COUNTY, at cost, for services that require: (1) COUNTY to provide information, billings tapes, data changes, corrections, refunds, issuances of new CITY tax or revisions to CITY. COUNTY shall 4 provide an itemized billing of completed work to CITY. (2) COUNTY to perform printing and/or mailing of proposed tax assessment rates of CITY assessed parcel numbers. 4 3. SHARE OF COSTS. In the event CSA 152 requires the services of a consultant, as 5 mutually determined by COUNTY and CITY, to prepare manuals and/or perform studies 6 such as, but not limited to, management audits and fiscal reports that are relevant to the 7 entire CSA 152 boundary, the cost of said consultant services will be shared by COUNTY 8 and CITY using the methodology of this Section. 9 A. Share of Cost Methodology. The individual percentage contribution from 10 COUNTY and C1TY shall be a function of population. Contribution shall be calculated as 11 the population of COUNTY or CITY, divided by the aggregate total population of all CSA 12 152 members, thusly: 13 (1) Contribution (%) = Xn/Xt 1 Xn = population of COUNTY or CITY 15 Xt = total population of all CSA 152 members combined. 16 (2) The population of COUNTY, C1TY and CSA 152 member cities will be 17 based on the latest California State Department of Finance population figures 18 issued in May of each year. 19 B. COUNTY shall keep CITY apprised and notified of COUNTY requests for 20 proposal (RFP), selection of consultant, consultant's fee, any contract timetables and 21 consultant schedule of payments. 22 4. TERM OF AGREEMENT. The term of this Agreement shall commence on the date 23 the last duly authorized representative of COUNTY or CITY executes it. The term of the 24 agreement shall be indefinite or as long as required for the Clean Water Act. 25 5. WITHDRAWAL FROM AGREEMENT. Either Party may withdraw from this 26 Agreement thirty (30) days after giving written notice to other Party. In event withdrawal _1 281 5 becomes effective, withdrawal shall constitute forfeiture by the withdrawing party of its share of costs and administrative fees paid as described in Sections 2 and 3 of this Agreement up 3 to the effective date of withdrawal. The withdrawing party shall be responsible for all 4 lawfully assessed penalties as a consequence of withdrawal. 51 6. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by 6 mutual consent of the parties to the Agreement. No amendment to this Agreement shall 7 be effective unless it is in writing and signed by the duly authorized representatives of the 8 parties. 9 7. NOTICES. All notices shall be deemed duly given when delivered by hand; or five (5) 10 days after deposit in the U. S. mail, postage prepaid. 11 8. GOVERNING LAW. This Agreement will be governed and construed in accordance 12 with laws of the United States and the State of California. If any provision or provisions 13 of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality 14 and enforceability of the remaining provisions shall not in any way be affected or impaired 15 hereby. 16 . 9. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be 17 deemed waived and no breach excused, unless such waiver or consent is in writing and 18 signed by the party so waiving or consenting. Any consent by any party to, or waiver of, a 19 breach by the other party, whether expressed or implied, shall not constitute a consent to, 20 waiver of, or excuse for any other different or subsequent breach. 21 I 10. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement and the Exhibits 22 attached hereto constitute the entire agreement between the parties with respect to the 23 subject matter; all CSA 152 prior agreements, representations, statements, negotiations and 24 understandings are superseded hereby. 25 11. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party 26 from liability or damages resulting from its own acts or omissions including those of its 27 78 6 11 21 4 n uw f officers or employees in the performance of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. CITY OF SAN JACINTO ATTEST: 6 City Clerk 7 By 8 Mayor 9 10 11 City Manager 12 Form Approved 13 I County Counsel COUNTY OF RIVERSIDE, 15 BY on behalf of CSA 152 16 Deputy 17 18 I Chairman, Board of Supervisors 19 20 ATTEST: 21 Gerald A. Maloney 22 ! Clerk of the Board 23 By 24 Deputy 25 26 _7 :81 7 CITY OF SAN JACITO CSA 152 (NPDES) FY 1995-96 APPROPRIATIONS** Storm Drainage System Inspection Video inspection of all underground Storm Drain pipe 36" in diameter and larger - 15,000 LF @ $0.35/LF Water Quality Testing $ 5,250 -0- Drainage Area Management Plan (DAMP) Implementation of Best Management Practices (BMPs) Inspection Forms for Building/Public Works Inspectors 500 Additional Catch Basin & Storm Drain Maint. 10,000 Additional Street Sweeping in Industrial/ Commercial/Central Business Areas (10 hours per month) 7,800 Administration of Volunteer Catch Basin Basin Stenciling -0- Development of Grading Ordinance -0- Develop BMP Manual for new Development -0- Inspection of Construction Sites for Compliance of Grading Ordinance -0- Testing of Sediment in Sediment Basin -0- Spot Inspection of Commercial/Industrial Areas for Illegal Dumping -0- Education Pesticide Training for City Personnel -0- Permit Training Requirements for Inspectors Plan Checkers, Engineers & Planners 500 Training for Review/Inspection of BMP and Inspection for Illegal Dumping -0- Utility Bill Inserts with information on Impacts of Fuel Spills, Illegal Dumping, Erosion, etc. -0- Exhibit 'A' Page 2 - CSA 152 (NPDES) Budget Format Exhibit 'A' Administration of NPDES Permit Attendance at monthly meetings, preparation of annual report, budgets, contract administration, etc. $ 10,000 County Charge for the Formation of District - First Year Legal Mailings 3,640 Assessor Line Item Charge 3,640 Riverside County Flood Control BAU computer time 2,100 Printing 560 SUB -TOTAL CSA 152 Administration Fee (6%) TOTAL PROJECTED APPROPRIATIONS $ 43,990 2,640 46,630 CSA 152 EXHIBIT B SCHEDULE OF EVENTS January 2 Cities and County begin CSA 152/NPDES budget process for upcoming fiscal year. 15 County provides updated BAU summary to first year CSA 152 Cities. 20 County provides statement of accounts to each City for first tax collection period of fiscal year (December). Statement reflects year to date CSA 152 revenue collected from each City and its zone of benefit (incorporated city boundaries). 30 City prepares and submits to County a statement of expenses for City CSA 152/NPDES program. February March April 10 County receives expense statement of Cities and effects reimbursement to Cities. Reimbursement is limited to the amount of City CSA 152 revenue collected less County expenses as outlined in CSA 152 agreement. County shall submit to City on a quarterly basis County expenses for inclusion in City expense statement. 15 Deadline for City to notify County of proposed increase in City CSA 152 assessment rate. 1 Cities and County finalize individual CSA 152 budgets and proposed BAU assessment rates. 10 Deadline for first year CSA Cities or Cities with CSA rate increase to submit information for CSA legal mailing of estimated assessments. Required information includes times, dates, appropriate addresses of public forum/offices including phone numbers and proposed BAU rate of City. 15 City CSA 152 budgets due to County for consolidation of overall CSA 152 budget. 15 County conducts BAU computer and print services of CSA legal mailings for first year CSA Cities and Cities with rate increases. 1 County submits total CSA 152 budget for review and inclusion into overall County Budget. 10 Legal mailing date for estimated assessments on parcels for any new or proposed increases in City CSA 152 rates. County provides list of assessor parcel numbers and estimated assessments to those CSA Cities with new/increased rates. 10 Second installment of taxes/assessments due. Page 2 - CSA 152 Schedule of Events EXHIBIT B May 1 10 15 20 June/July County provides Cities with second statement of accounts for year to date City CSA 152 revenue collected. Cities prepare and submit statement of expenses for reimbursement of CSA 152/NPDES program costs. - Cities with proposed increased CSA 152 assessments over the current year hold public forums to address City constituents and questions. County reviews/approves expense statement of Cities and effects reimbursement to Cities. County Board of Supervisors conducts public hearings on CSA assessments rates including CSA 152 rates or proposed rate increases. Changes may occur to CSA rates at discretion of Board. July 15 Reconciliation of statement of accounts for County and each CSA 152 City (zone of benefit). Balanced statement reflects total revenue collected for prior fiscal year. Cities may apply for balance to cover reimbursement of underfunded City NPDES expenses or balance is carried forward into next fiscal year within CSA 152 City account (zone of benefit). July/August County Board approves fmal County budget including CSA budgets. Budgets may change at the discretion of the Board. September First County and City tax/assessments bills of the fiscal year are mailed. October 15 Cities provided with update BAU summary and list of assessor parcel numbers and actual assessments. October November 1 December 10 Cities respond to taxpayer requests for parcel re -assessments or re-evaluations and forward recommendations and corrections to County. City provides BAU and assessor parcel corrections to County for updating in file. First installment of taxes and assessments due/collected by County for current fiscal year. '" Use schedule for CSA 152 planning purposes. ^r!t• `) ti RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA SETTING THE RATES FOR COUNTY SERVICE AREA 152 - SAN JACINTO TO FUND CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM WHEREAS, the County of Riverside, by its Resolution No. 94-411 adopted December 6, 1994, annexed the City of San Jacinto to its County Service Area (CSA) 152 at the City's request to the Environmental Protection Agency's requirement to obtain operating permits for discharges from storm drain systems and to pay for anticipated project costs that places an assessment on property owners' tax bills to fund expenditures required by the permit; and WHEREAS, City staff has estimated the stormwater management program requirements will cost the City approximately $46,630.00: WHEREAS, a typical benefit assessment unit would be a single family residential lot, and large residential and commercial/industrial parcels would be assigned several benefitting units, depending on the parcel(s) size and runoff. Agricultural land and vacant, undeveloped parcels would produce no urban pollutants and would be exempt from any assessment; and WHEREAS, the City Council has determined, based on staffs calculations, that annual assessments are anticipated to be $4.26 per Benefit Assessment Unit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto that the annual assessment rate for fiscal year 1995-96 for CSA 152 - San Jacinto is hereby set at $4.26 per Benefit Assessment Unit. PASSED, APPROVED and ADOPTED by the City Council of the City of San Jacinto on this day of , 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Henry C. Hafliger, Mayor City of San Jacinto ATTEST: Bob Wilson, City Clerk r vti. owniosimer ,) A N JACINTO TO: Honorable Mayor and Members of the City Council FROM: Pamela S. Easter, City Manager by Gene Price, Interim Fire Chief DATE: March 21, 1995 h�7t_tl4DA • g' Staff Report RE: Naming of Public Facilities Recommendation: Review proposed policy and give direction to staff regarding any desired modifications. Background: Recently the City Council discussed the issue of the naming of public facilities. It was apparent there is no City Policy to provide guidelines for individuals or organizations to follow when they wish to suggest a naming or renaming of a public facility. The proposed policy is intended to provide guidelines to follow, criteria to evaluate the proposal and the use of a committee to consider the request and make a recommendation to the City Council. The proposed policy currently does not restrict a nominee to be a resident of San Jacinto or whether the person has to be dead to qualify, though, the City Council may wish to do so. The City presently has a policy for the naming of new streets as development occurs. If the Council wants to consider allowing streets to be renamed, this policy could be modified to include the renaming of streets. PROCEDURES FOR THE NAMING OF PUBLIC FACILITIES Purpose: To establish guidelines and procedures for identifying those City owned facilities which would be appropriate for naming or renaming in honor of individuals. A Facilities Included: Facilities to be included for consideration as a subject for naming may include any City owned structure, facility or park. Criteria: The following criteria shall be used for determining the appropriateness of the nominee. A An individual nominated for recognition shall have made a long term significant contribution to the City Of San Jacinto in any area including but not limited to health, education, civic involvement, housing, public service, employment, and the arts. Such a contribution, in the considered judgement of the reviewing committee shall have contributed to the well being of society and specifically, to the City of San Jacinto. B The individual, whether living or dead, need not have been a resident of San Jacinto, the State of California, or the United States, nor should consideration be restricted due to the individual's race, age, sex, religion, national origin, or economic status. C The contribution of the individual must be or have been one that is publicly acknowledged with proof documented to the satisfaction of the reviewing body. Procedures: Nominations for consideration of an individual for whom a City owned facility, structure should be named shall be governed by the following procedures: A An application/nominating form shall be completed by the person(s) submitting the nomination. The application form shall include: Name of the nominee Facility which is proposed to be named. Date(s) of the individual's significant contribution(s) The residence (current or last if deceased) of the individual. A statement of qualifications of the nominee in relation to the listed criteria and a summary of their contribution(s) to the community. Procedures (cont'd) B The City Council upon receipt of a nomination shall appoint an ad hoc nominating committee, consisting of: (2) Community Preservation Committee Members (2) Planning Commission Members Museum Association President Upon conclusion of its work the committee will be automatically dissolved. Committee members may establish by-laws which shall provide for a quorum, selection of a chairperson, and other matters customarily set forth in by-laws. C The nominating committee must complete its work on any given nomination within 90 days after receipt of the nomination. D The nominating committee will be responsible for verifying and certifying the information on the application/nominating form. E The nominating committee will make a recommendation to the City Council endorsing or opposing a nomination, setting forth the reasons therefor. F The City Council must take action on the nominating committee recommendation, approving or denying it, within 45 days of receipt of the recommendation and supporting data. NiDA STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Anna A. Vega, Finance Director via Pamela S. Easter, City Manager SUBJ: 1994-95 Budget Amendment DATE: March 21, 1995 RECOMMENDATION: 1. Adopt resolution amending the 1994-95 fiscal year budget. 2. Advance $40,000 to the Asset Seizure fund that will be repaid as soon as funds are adjudicated. 3. Change the Table of Organization to reflect seven Senior Police Officers and eleven Police Officer positions. BACKGROUND: Revenues based on analysis through February 28, 1995. The City Council adopted the 1994-95 fiscal year budget in June 1994, based upon conservative revenue estimates, for Fiscal Year 1994-95. We anticipated a continuation of the economic slowdown and had assumed that construction related revenues would be significantly reduced. However, construction related fees are higher than anticipated and Motor Vehicle -in -Lieu is expected to be about 9% more than original projection. The major areas with decreased revenues are Property Taxes (35%1 , Weed/Lot Abatement fees and Miscellaneous fees. The total general fund revenue shortfall for 1994-1995 is $41,093. The revenue shortfall is being addressed through the following expenditure measures. .4 Page Two 1994-95 Budget Amendment Recommended Expenditure Measures To bring the fiscal year 1994-95 budget into balance, City expenditures have been reduced overall by less than 1% ($41,093). * $4,000 will be reduced from the City Council Conference,Training & Education account, due to the Council not holding a retreat. * $5,000 will be reduced from the City Attorney department. * Due to our utilizing Joyce Marshall to provide recycling staff support, $7,998 has been transferred from the City Manager department (Assistant to the City Manager salary savings) to non -departmental to cover the contract with Western Riverside Council of Governments (WRCOG). * Provide funding for the "buyout" of the Finance Director's accumulated time and funding for the Interim Finance Director in the amount of $3,000. * The Police Department has had salary and benefit savings due to some unfilled positions during the fiscal year for a total of $59,000. The vacant positions of Commander is being frozen for the remainder of the fiscal year. The other positions have been filled. * Although overtime is up in the Fire Department, this increase is offset by the delay in the State's signing of the CDF agreement and car allowance budgeted for the Fire Chief. A net savings of $3,600 will be achieved. * The Public Works Maintenance Department will be reduced $16,800. This will be accomplished by not filling the Superintendent position and not purchasing capital outlay. * There will be an increase of $1,907 in the City Clerk's department due to the appointment of a new City Clerk and the Deputy City Clerk's additional time for extra meetings. * The Building Department has experienced a decrease in office supplies, conferences and seminars in the amount of $1,450. * The original Swimming Pool budget netted the $4,000 revenue which is received by Valley -Wide. This adjustment will account for the actual contract amount and an equal $4,000 will be accounted for in the General Fund Revenues. Page Three 1994-95 Budget Amendment Other Issues As part of this mid -year budget review, the Council will also be asked to consider several other items; including a budget adjustment to advance $40,000 to the Asset Seizure Fund. Adjudicated funds have not been received and, therefore, it is necessary to advance funds to cover the necessary expenditure through June 30, 1995. These funds are expected to be repaid to the general fund once asset seizure funds are adjudicated. Also, in the Police Department, a police officer has met the qualifications for Senior Police Officer. The Classification schedule approved six Senior Police Officers and twelve Police Officers. Staff is requesting approval for seven Senior Police Officers and eleven Police Officer positions. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA AMENDING THE 1994-95 FISCAL YEAR BUDGET BY A NET DECREASE OF $41,093 BUDGET AMENDMENT NO. 1 AND ADVANCE $40,000 TO ASSET FORFEITURE FUND WHEREAS: The City of San Jacinto fiscal year commenced July 1, 1994 through June 30, 1995, and WHEREAS: The fiscal year budget was approved and adopted on June 21, 1994, and WHEREAS: Said budget amendment for a net decrease of $41,093 is hereby deemed prudent and necessary for the continued operation of San Jacinto's general fund, and WHEREAS: The General Fund is advancing $40,000 to the asset forfeiture fund, and WHEREAS: Said budget amendment reflects a decrease in the General Fund revenues, as outlined in Exhibit "A," and a decrease of equal amount in general fund expenditures, as outlined in exhibit "B," and WHEREAS: Said budget is in accordance with all applicable ordinances of the City and all applicable statues of the State, and WHEREAS: Said amendments to the 1994-95 fiscal year budget shall be made by said Resolution and motion of the City Council. NOW, THEREFORE, BE IT RESOLVED THAT: The Finance Director is hereby directed to make the necessary amendments to the 1994-95 budgeted appropriations and estimated revenues. APPROVED AND ADOPTED this 21 st day of March, 1995. Henry Hafliger, Mayor ATTEST: Robert Wilson, City Clerk Deputy City Clerk EXHIBIT "A" CITY OF SAN JACINTO REVENUE COMPARISON 1994-95 MID -YEAR BUDGET AMENDMENT 10 GENERAL FUND 110 Property Taxes 120 Sales Tax 130 Transient Occupancy 141 Franchises 160 Business License 165 Property Transfer 210 Animal License 212 Bicycle License 221 Construction Permits 225 Resident Inspeciton 237 Mobile Home Permits 250 Other Licence/Permits 330 Fines & Forfeits 335 Parking Citations 410 Interest 440 Rents & Leases 505 Motor Vehicle License 509 Trailer Coach Fee 510 H.P. Tax Relief 529 P.O.S.T. 595 Hwy Carrier In -Lieu 601 Planning Fees 605 Kiok Sign Program 611 Contractor License Verif 615 Police Fees 620 Sewer Permits 621 Alarm Response Fee 625 Fire Fees 630 Plan Check Fees 645 Engineering Fees 650 P.W. Permits 660 Weed/Lot Abatements 665 Vehicle Abatement 694 Swimming Pool Fees 701 Sale Of Property 745 Contributions 746 School DARE Program 675 Senior Citiz Donations 780 Waste Reduction/Recycle 791 Other Revenue 5011 Inter -Fund Transfer -In TOTAL REVENUE 61 ASSET FORFEITURE (POLICE) 5011 Inter -Fund Transfer -In ACTUAL 1994-95 REVENUE ADOPTED TO 2/28/95 REVENUE 315,647 765,393 480,165 683,419 5,599 6,364 628,323 628,323 86,664 108,881 14,041 21,863 1,961 2,974 54 255 98,744 75,000 0 0 10,248 10,370 835 595 697 10,000 11,784 36,000 48,964 32,056 22,076 40,099 555,301 749,230 0 10,145 0 47,278 16,917 69,750 3,498 4,799 16,304 12,000 0 0 7,550 1,800 22,130 12,859 32 600 1,016 7,066 3,898 0 55,936 8,400 0 0 51,008 4,800 7,262 36,700 7,706 17,000 0 0 0 10,015 434 1,756 0 0 0 707 0 10,471 23,414 80,062 1,006,351 1,509,527 1994-95 MID YEAR PROJECTION 580,874 683,419 8,399 641,086 108,881 21,863 2,974 90 118,000 0 10,370 1,250 1,413 40,565 66,878 40,099 815,000 150 14,027 47,980 4,799 18,304 0 8,750 25,130 32 1,016 4,100 65,000 0 55,000 14,525 12,000 4,000 10,015 1,756 0 500 0 37,692 1,509,527 3,504,559 5,016,557 4,975,464 REVENUE INCREASE (DECREASE) (184,519) 0 2,035 12,763 0 0 0 (165) 43,000 0 0 655 (8,587) 4,565 34,822 0 65,770 (9,995) (33,251) (21,770) 0 6,304 0 6,950 12,271 (568) (6,050) 4,100 56,600 0 50,200 (22,175) (5,000) 4,000 0 0 0 (207) (10,471) (42,370) 0 (41,093) 0 0 40,000 40,000 EXHIBIT "B" CITY OF SAN JACINTO 1994-95 MID -YEAR BUDGET AMENDMENT ACTUAL 1994-95 1994-95 BUDGET EXPENDITURES ADOPTED MID YEAR INCREASE GENERAL FUND TO 2/28/95 BUDGET PROJECTION (DECREASE) 1100 CITY COUNCIL 15,139 28,640 24,640 (4,000) 1110 CITY CLERK 36,617 54,550 56,457 1,907 1111 CITY ATTORNEY 60,430 120,000 115,000 (5,000) 1200 CITY MANAGER 128,149 203,217 195,219 (7,998) 1210 HUMAN RESOURCES 33,066 49,467 49,467 0 1400 FINANCE 152,992 225,012 228,012 3,000 1410 CITY TREASURER 1,318 1,938 1,938 0 1700 COM DEV - PLANNING 242,445 366,538 366,538 0 2500 NON -DEPARTMENTAL 88,970 199,022 207,020 7,998 2550 COMMUNITY PROMOTION 2,560 6,000 6,000 0 3100 POLICE 1,430,978 2,273,621 2,214,621 (59,000) Inter -Fund Transfers -Out 0 0 40,000 40,000 3200 FIRE SUPPRESSION 483,637 742,038 738,438 (3,600) 3210 FIRE PREVENTION 126,724 158,716 158,716 0 3220 FIRE-EMRGNCY PREPARD 0 6,000 6,000 0 3300 COMM DEV-BLDG & SAFET 44,526 66,494 65,044 (1,450) 4100 PUBLIC WORKS - ADMIN 65,501 97,753 97,753 0 4150 PUBLIC WORKS - MAINT 217,937 361,554 344,754 (16,800) 6100 MUSEUM 5,554 7,635 7,635 0 7400 COMMUNITY CENTER 22,074 37,785 37,785 0 8400 SWIMMING POOL 4,833 10,650 14,500 3,850 TOTAL APPROPRIATIONS 3,163,450 5,016,630 4,975,537 (41,093) CITY OF SAN JACINTO MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: March 21, 1995 SUBJECT: FIRST STREET AREA UPDATE AS OF MARCH 21, 1995 Surveys mailed to long time owners Surveys returned Results of surveys are attached. 16 11 Nine 30-yard bins have been removed from the Target Neighborhood. It is being sorted at the City Yard to separate recycled goods. Inoperative vehicles tagged 12 Vehicles voluntarily removed Vehicles have been towed Beautification notices sent 4 1 15 Voluntary Compliance with Beautification Notice 7 One gang affiliated household has been evicted due to substandard living conditions. Numerous yards with chickens have been discovered. BKM:Ir CCRPT-95\First-St 1. Please circle the number that best describes changes to your neighborhood over the past 3-5 years. Vandalism of vacant Buildings Graffiti Groups of kids loitering High vacancy rate Gang problems Crime Dumping of trash Keeping of farm animals Overgrown Vegetation Other (Please list) Substantially Some improved Improvement No change Needs over the improvement past 3-5 yrs. 0 1 0 0 1 2 2 0 0 0 2 1 0 0 0 0 1 0 0 2 0 2 0 3 1 2 1 Doas running loose (1); rabbits running loose (1) 3 4 2 3 1 5 5 2 2 Needs much Improvement Please mark three things the City might do to improve your neighborhood. Install sidewalks Flood control improvements Neighborhood park Abandon alleys Build Houses on the Vacant Lots Demolish vacant buildings More street sweeping Instruction on fire safety Others (please list) (0) (5) (3) (5) (1) (2) 4 2 3 2 5 4 3 1 1 Provide programs to help people buy houses More or brighter street lights Graffiti removal Start some form of neighborhood patrol Fix up vacant buildings Instruction on home security Pave Artesia (2): barking dogs (1); junk vehicles in front yards and alleys (1): increase police patrol (1); and eliminate gang activity (1) 3. We have used the term "neighborhood" in the question above. What streets do you feel are the boundaries of your neighborhood? North boundary Expressway (2) Artesia (5) South boundary Main (1): 1st St (3); 2nd St (1); Peach St (1) ;Shaver (1) East boundary Hewitt (1): Alessandro (3); Algona (1): Expressway (1) West boundary Ramona (1); Jordan (1): Sheriff (2); San Jacinto (1): State (1) 4. Do you live adjacent to an alley Yes (6) No (4) Do you use it? Yes (2) No (4) If yes, what do you use the alley for ? Access for parking car in back yard (1); Neighborhood watch (11 5. If the City initiated some sort of neighborhood watch or neighborhood patrol for your area that involved your active participation, would you be interested in helping? Yes (5) No (3) If so, how often? Name: Address: 6. What is the main problem you see in your neighborhood. Graffiti 2 Speeding cars 1 Robberies 1 Flooding 2 Clothing on fences 1 Gangs 2 Dogs 2 Home trashing 1 Junk vehicles 1 7. Do you have any other comments? More police patrols in streets and alleys (2) Would like to have decent people move into houses and apartments (1) More animal patrol (1) Improve the neighborhood will lead to further investment (1) H:\nat-team\tally.sht City Council Staff Report Page 2 FIRST STREET TARGET AREA SURVEY RESULTS (CLASSIFIED BY NUMBER OF TIMES MENTIONED) MARCH 21, 1995 SURVEY SENT TO 16 LONG TIME OWNER/RESIDENTS SURVEYS RETURNED 11 Restatement of answers to survey questions 2, 6, and 7 as well as "other" answers to question #1. Flood Control Improvements 11 Better animal control 5 Graffiti 5 More or brighter street lights 5 Neighborhood patrol 5 Demolish vacant buildings 4 Increased police patrol 3 Gangs 3 Install sidewalks 3 Instruction on home security 2 Junk vehicles 2 Pave Artesia Street 2 # .roil A 8 • tz TO: Honorable Mayor and Members of the City Council FROM: Pamela S. Easter, City Manager via Joyce Marshall, WRCOG Director of Local Government Programs DATE: March 21, 1995 SUBJECT: CITY -TO CITY RECYCLING PROGRAM Recommendation/Action: Approve the "City -to -City" Agreement for a joint recycling program and the attached "City -to -City" Recycling Service Proposal, as well as the other points referenced in the staffs recommendation section. Staff Recommendation: As part of the Council's approval of the "City -to -City" Agreement and "City -to -City" Recycling Service Proposal, the staff presents the following information for the Council's consideration and clarification. 1. Understand that the "City -to -City" program will mirror, as much as possible, the current City of Hemet recycling program. Both parties understand that the City of San Jacinto will retain the twice a week manual refuse collection through O.K. and Associates. 2. Understand that the acquisition of necessary trucks and containers to implement the "City -to -City" Agreement will require that the Council obligate the City of San Jacinto by authorizing the City of Hemet to issue a Purchase Order to lease purchase the two trucks and recycling containers necessary for the "Shared" program in the amount of $583,845. A Certificate of Participation (COP) will be used to acquire the equipment, with lease payments used to repay the COP. It is important that the Council understand that by approving the "City -to -City" Agreement on March 21, the City of San Jacinto agrees to pay the lease payments for the equipment and take over the lease purchase obligation and control of the equipment in the event there is a termination of this "City -to -City" Agreement. The Agreement would also provide the option of Hemet assuming the payments. 1 3. Set a rate hearing for April 4, 1995 to formally adopt the rates that will be charged to our residents and businesses. The "City -to -City" proposal includes proposed rates for the "City -to -City" program, but there will be additional SRRE implementation costs not covered under the "City -to -City" program, that are required to implement the SRRE. For this reason, before the Council formally sets the rates, staff will identify and present the additional implementation costs that must be covered during the April 4, 1995 rate setting hearing. The Council will also need to consider how to handle contamination charges during this rate setting hearing. This is discussed in more detail on page 2-3 of the "City -to -City" Recycling Service Proposal. 4. The Council has the option of selecting from three different approaches to cover the cost of the depreciation of the trucks and containers at 100%, 50% or 0% of value. The calculations for the rates under each of these options is presented in Appendix A-3 and discussed in Section 3 of the Recycling proposal. When the Council adopts the "City -to -City" agreement, one of these options must be selected. 5. The City of San Jacinto will begin billing customers for the recycling program in May. Residents and businesses may begin recycling as soon as they receive their containers. All residents and businesses will receive a recycling container during the month of May. The City of San Jacinto will bill the customers and then forward to the City Hemet, by the second week of the month, the recycling funds collected, minus one -twelfth of the administrative fees identified in the "City -to -City" budget. Background: The City Council formed a Sub -committee comprised of Mayor Hafliger and Councilmember Jim Oaks to meet with the City of Hemet's Council sub -committee to work out the issues associated with implementing the "City -to -City" joint recycling program. The committee met on numerous occasions. The committee reviewed and revised the old "City -to -City" Agreement (the changes have been underlined in the document). In addition to making these changes, they discussed operational, legal, financial, administrative, public education and scheduling issues. The Sub -committee is unanimously recommending approval of the "City -to -City" agreement and Recycling Service proposal. The following information is an outline of how the "City -to -City" agreement is proposed to operate under each program area and a summary of issues covered through committee discussion or direction: 2 Operational: "Shared" Residential Recycling Program Residents will utilize the same collection day for recycling and greenwaste. These materials will not be picked up the same day as trash. New routes are currently being developed to increase efficiencies and minimize the risk of impeding refuse collection service by the existing franchise hauler, O.K. and Associates. Residential Co -mingled Recyclables: • Each resident will be provided with a 64 gallon automated wheeled container (Mobile Home Parks (MHP) and other similar developments will be offered 17 gallon hand trays) for the commingled recyclable materials. The following recyclables may be placed together in the container provided: glass and plastic containers, tin, aluminum, and steel cans, aluminum foil and trays, all dry paper except paper with a plastic or wax coating. Service for co -mingled recycling collection will be provided every other week. Public Education materials and collection calendars will be distributed with every container delivered and placed in front of each residence's garage or carport. Residential Greenwaste: • "Green waste" means grass, leaves, brush, branches, cactus, tumbleweeds, and untreated scrap wood. Containers will not be provided for green waste, it should be placed in a sturdy container, such as a cardboard box, old trash can or heavy duty trash bag. The weight should not exceed 50 pounds per container. • Green waste materials will be collected every week. Branches need to be tied with strong string or twine in bundles no larger than 4' long and 18" around. Multi-family/Mobile home service will be dependant on the type of refuse service currently received. If the unit has residential refuse service, they will participate in the residential recycling program and if they have commercial refuse service, they will participate in the commercial recycling program. Commercial Program • The "Shared" Commercial recycling program will be billed according to the commercial accounts' current level of refuse service. Each business will be eligible to receive the necessary information, containers and service to successfully reduce their current volume of waste by 25%. Each business will be eligible to receive a free waste audit to determine how much additional savings the business could realize if they choose to participate in the "optional" commercial recycling program. Industrial Program The existing hauler may continue to provide industrial roll -off recycling services but the "City -to -City" program will be eligible to compete and may include a franchise fee for the City of San Jacinto in the rate. Drop-off Antifreeze, Batteries, Oil, and Paint (ABOP) and Greenwaste Programs San Jacinto businesses and residents will be able to participate in the either one of these drop-off programs located at the Hemet City Yard. Legal Issues: "City -to -City" Agreement: A few modifications have been made in the "City - to -City" agreement since the Council last reviewed the document. These changes are underlined for the Council's convenience. • Division of Assets: To implement the "Shared" program in San Jacinto, two trucks and containers will need to be purchased at a cost of $583,845. As proposed, this equipment will be purchased through a Certificate of Participation (COP) issued by the City of Hemet and repaid through lease payments. The revenue from the San Jacinto portion of the "City -to -City" program will be used to pay the necessary lease payments. 4 To implement this arrangement, there will need to be a separate letter of agreement between the two cities that makes San Jacinto responsible for the lease payments during the agreement as well as in the event of a termination of the agreement. If San Jacinto did take over the lease payments, they would also take over control of the equipment. The agreement will also include an option for the City of Hemet to take over the lease payments in the event of termination. This letter of agreement is expected to be brought back to the Council within 30 days. Insurance: A premium amount of $16,000 has been included in the budget with an Self Insured Retention (SIR) of $250,000. Additional Premiums to Cover SIR: Under the existing policy, the cities of Hemet and San Jacinto would be required to pay the higher SIR cost of $250,000 in the event of a shock Toss. Since the City of San Jacinto cannot afford to take a $250,000 hit against the General Fund, the City of Hemet Finance Director is currently seeking premium quotes for an additional policy to either lower the SIR to $25,000 or $50,000. He has reported that they expect to have two quotes for each of these within thirty to sixty days. There is a potential shock loss risk of $250,000 during this window of time in which the SIR will not be covered. The cost of the policies could be covered under the depreciation reserves at some point in time. One of the outstanding issues is how the $25,000 or $50,000 shock loss would be covered. Financial Issues Billing - The City of San Jacinto will begin billing our customers for the recycling program with their May billing. Residents may begin recycling as soon as they receive their containers, which should be in mid to late May. All residences will receive a recycling container during the month of May. The City of San Jacinto will bill the customers and then forward to the City of Hemet, by the second week of the month, the recycling funds collected, minus one -twelfth of the "overhead" administrative fees identified in the "City -to -City" budget. San Jacinto "overhead" administrative fees for the "Shared" program were calculated based on the following break down of anticipated staff expenditures. City Manager 5%, Assistant to the City Manager 20%, City Attorney $4,000.00, Economic Development 3%, Clerical Support 3% and 2 Account Clerks at 5% each, the Finance Director 2%, Customer Service Representative 25% and $1,200 for Data Processing for a total cost of $40,394. This includes wages and benefits. San Jacinto "overhead" has also been included for the "Optional" program. 5 • • Revenue from Recyclables - All revenue from the sale of the San Jacinto recyclables will go back into the fund balance for the separate "City -to -City" fund for San Jacinto. However, the Council should understand that markets fluctuate. The City of Hemet is currently receiving revenue from the sale of the recyclables. However, a down turn in the market could cause the cities to pay up to the full $25.00 processing fee, instead of receiving a check for the sale of the commodities. As discussed under legal issues, two trucks and containers will need to be purchased at a cost of $583,845 for the "Shared" program. As proposed, this equipment will be purchased through a Certificate of Participation and repair through lease payments. The revenue from the San Jacinto portion of the City -to -City program will be used to pay the necessary lease payments. Administration Issues: • Day to Day operation of the programs will be conducted by the Shared crews. • Monthly participation and diversion reports will be provided to San Jacinto by the City of Hemet staff. • Shared crews will remain City of Hemet employees and will be managed by the Hemet City Manager. San Jacinto City Manager will work with the Hemet City Manager on program evaluation and implementation, accomplishment of 25% diversion goals and other related matters. • City of San Jacinto residents and business will have their own recycling hot line for complaints and questions. • All customer complaints will be recorded in a log and provided in a report back to the City of San Jacinto. • The City's offices San Jacinto will not be charged a recycling fee to participate in the "City -to -City" recycling program. • Street sweeping materials from the City of San Jacinto's street sweeping contractor will be recycled. 6 If a container is contaminated, it will be tagged "contaminated" and an Hemet automated refuse vehicle must pick it up. For the first occurrence, the resident or business will be notified in writing. For the second occurrence, a five dollar ($5.00) charge will be assessed. Upon the third occurrence, the container will be removed for a three month period on time and the account will continue to be billed during this time period for recycling service. City of Hemet staff has indicated that the majority of the contamination problems will be handled through the public education program. The City of San Jacinto will be responsible for implementing all other SRRE program and reports not included under the "City -to -City" recycling service proposal. Program Evaluation: As you'll note in the timeline, there is a Council joint committee meeting scheduled for August 1995 to review program status. Additionally, the two City Managers will be working together on an ongoing program evaluation and implementation accomplishment of 25% diversion goals and other related matters. Additionally, a mid -year evaluation is also scheduled for February 1996. As we proceed, the City Councils may also find areas of the "City -to -City" Agreement that they wish to revise or change. Scheduling: Tentative Timeline 3-21-95 Presentation and approval of "City -to - City" Agreement by both Councils 3-23-95 Order Trucks and containers Early April Public Education Program Begins 4-495 San Jacinto Rate Setting Hearing and Advance Refuse Billing Concept 5- 1-95 Recycling Billing Starts 5- 8-95 Begin Assembling Carts 5-17-95 Begin Distribution of Containers throughout San Jacinto (Residents can begin recycling as soon as they receive their containers) 7 5-31-95 Complete distribution of containers 6- 1-95 "Shared" Residential & Commercial Co - mingled recycling and green waste collection program begins throughout the City of San Jacinto August 95 February 1996 Public Education Summary Council joint committee will review program status Mid -year Evaluation of Program Achieving a successful recycling program will require extensive education and promotion. A comprehensive public education program will be developed and targeted to residents, businesses and children. As much as possible, printed material will be prepared in both English and Spanish. Promotional material will be created to answer at least the following questions: Why are we recycling? What are the benefits of recycling? When should citizens expect the program to begin? What can and cannot be recycled? How do they use the recycling bins? Who to contact for more information? Printed Literature • At least one general recycling brochure/newsletter will be mailed to all citizens citing reasons for recycling and describing program. This general publication will address the 3 R's of Recycling (Recycle, Reduce, Reuse) and educate recipients on how they can participate in the reduction of the City's waste stream. • Additional printed material will be distributed, with the bins, listing items that can be recycled, answering commonly asked questions, describing the use of the bins, explaining the different programs available (green waste, hazardous waste, etc.) and calendar for collections. 8 • Stickers with recycling instructions will be placed on the inside of the lid of each bin. Bilingual stickers will also be available. • Local businesses will be contacted for permission to include flyers on their counter tops, with customers' purchases, posted on bulletin boards, etc. Media • Press Releases and Public Service Announcements will be issued as often as possible. • Advertise in Easy Ad, Pennysaver, Recycler, etc. • Issue press releases and encourage local newspapers to write feature stories on successful recycling by senior groups, businesses, children and residents. • Chamber of Commerce's "Focus on San Jacinto" cable tv show will be utilized to educate citizens on recycling techniques. Information will be printed in the City Manager's weekly column in The Hemet News. Direct Contact Businesses will be visited by shared program recycling staff to answer specific questions, perform waste audits and set up a recycling program specifically for their business. Explanations will also be given on how businesses can participate in the optional recycling program to reduce their costs. Presentations will be made before the San Jacinto Chamber of Commerce, mobile home parks, homeowner associations, senior citizen groups, etc. School Education Assist in expanding the school district's current recycling program that educate elementary students on the 3 R's of recycling. We hope this information will disseminate into the homes. 9 Ongoing Education A periodic recycling newsletter will be created and mailed with utility bills. Information can include most commonly asked questions, new items added to recycling list, times and dates of city-wide clean up, hazardous waste dren off sites and dates, etc. Budget The summary budget is included in Section 3, entitled Program Revenues and Costs. A more detailed budget is also provided in Appendix A-1. The total annual cost of the "Shared" Residential and Commercial Recycling program is $533,230. This cost includes $107,172 of labor; $82,406 of fixed asset depreciation, and $343,652 of operations and maintenance costs. The "Optional" program budgets are also provided in the previously identified sections. The "Optional" program has a total annual budget of $182,639 and is based on a break-even estimate of 190 commercial businesses desiring to exceed 25% diversion. The "Shared" and "Optional" program budgets shown above are stand-alone budgets. This means that the rates established for each program cover the full cost of operations. If revenues are not realized as forecasted under the "Optional" program, expenditures in the "Optional" program budget will be limited to the amount of revenues received. Proposed Rates The "City -to -City" monthly rate structure under 100% funding of the depreciation reserve would be as follows: Mobile Home Parks/Similar Developments $2.71 Residential $3.49 Commercial See Appendix A-2 for various rates "Optional" Commercial Program Rates: Commercial Will be available for April 4th rate hearing Appendix A-3 has a detailed chart showing the differences in the "Shared" program residential rates depending on the percentage of depreciation reserve (100%, 50%, 0%) that San Jacinto City Council chooses to fund. It is also summarized as follows: 10 Monthly Rate Monthly Rate Monthly Rate with 100% with 50% with 0% Depreciation Depreciation Depreciation Mobile Home Parks/Similar Developments $ 2.71 $ 2.51 $ 2.30 Residential $ 3.49 $ 3.23 $ 2.96 These proposed rates are only for the "Shared" and "Optional" recycling programs. These rates do not include the cost of the other SRRE programs. For this reason, before the Council formally sets the rates, staff will identify and present the additional implementation costs, that must be covered, during the April 4, 1995 rate setting hearings. A summary of the SRRE programs is provided as Attachment 1. ATTACHMENT NO. 1 PROGRAM PROPOSED IMPLE9BVTAT)ON DATE COSTS SOtINCE NEMILiION Adopdon of toed Ordne oes Sad Waste Rduodon Plans Pub0o R.cow don Propane R Ponin0 Syste me Efficient Usti of Paper Drought Rained Landscaping Rafsffai System of Whits Goods Sate a Federal Packaging lac Support Deposit. Refunds and Rebates Badness U. . Fes ModlI)o.doto Support for On site Stockyard' Composting Technical Assistance for Businesses Non -Procurement Programs Wrote Evolutions InwrNrelDIslrwndyes for Land Use 1992.1999. 1994 ONGOING $82,600 .00 1994 ONGOING $4.000.00 1994-ONGOING $600.00 1992-ONGOING 1992-ONGOING 1992 -ONGOING 1992 -ONGOING 1992-ONGOING SEPTEMBER 1994-ONGOING 1992 ONGOING ICC'. (OK) ICCI RBCYCIMO (CC) & (OK) Sind. Forney Commingled Curbside Mold -homily R. yo0n O LIMP Comm/old R.cyc*n 0 MRF Commardd end industrial Ordinances Unstated Drop-off Center Promod0n CerdMd Recycling Comes Pronrodon Public Agency Recycling Protean SaltragIng O said Wars Peonies Odra Programs fTlral Mdnt9nsna of Edema Ittcydno Ploonms Reddendd Program Commerdd.nduMd Program Tin ShMadam' ed Recycling CID Privets Polity Whits Gods Recycling Sledge Waste Co -Composing PINON.RPSIZI AP19IN DAKRIMI ERN Designation of City R.peeeawdw Public Information Resource Devdaprcent Commie/ Outreach Pubic Infonmedon Center Recycling N.wsi.mr - Busieser Teaidng $..sioa Mods Campaign School R.cyding Coordinator R.cyding Curriculum (whoa.) a Program (CC) & IOKI (CCI a (OK) 19944NOOINQ 1994-ONGOING 1992-ONGOING 1993-ONGOING 1993-ONGOING JUtY 1992 ONGOING AUGUST 1993-ONGOING JULY 1993-ONGOING MAY 1992-ONGOING JULY 1992-ONGOING JULY 1992-ONGOING JANUARY. 1992-ONGOING 1991-ONGOING SEPTE BI31. 1993-ONGOING 100111NlM4Nrr (CC) & (OK) 1997-ON001N0 ICC) & (OKI 1997-ONGOING 1991-ONGOING $4.000.00 $3.000.00 $1.000.00 $10.000.00 $1 4,019.00 $51.536 00 $239266.00 $2 000,00 $1.000.00 T760.00 $1.000 00 $0.00 41.,000,00 12 nnm On $96/TON +$2.000,00 $94R0N +$1,000.00 NIA 1991-ONGOING 1991-ONGOING ONGOING $2.000.00 NIA NIA (CC) (CCI. (OKI (CCI a 10K) MCI ICC) & (OKI 1992-2000 41992-ONGOING JULY 1992-ONGOING 1990-ONOOINO JANUARY 1993-ONGOING 1993-ONGOING $36.866,00 $1.000.00 $1.000.00 $0.00 $1.600,00 $ 9,300.00 JULY 1992 $1,000,00 SEPTRYBEC(1992 NIA S$PT9MB91 1993-ONGOING $3,000.00 c TO: FROM: DATE: RE: Staff Report S A N JACI NTO Honorable Mayors and Members of the City Councils San Jacinto -Hemet City -to -City Council Subcommittee March 21, 1995 City -to -City Recycling Agreement Having reviewed the joint City to City recycling proposal we unanimously recommend approval by both full councils. A copy of the City to City agreement and the City to City Recycling Service Proposal are attached for Council approval. Respectfully submitted, C uncil Member Lowe ncil Member Venable ouncil Member Oaks CITY TO CITY RECYCLING AGREEMENT Pursuant to Government Code §6500 et seq., the cities and Hemet and San Jacinto desire to exercise their respective authorities regarding an efficient recycling program as provided hereinafter. Both cities recognize the importance of sharing authority in governing this program and in accepting the responsibility for the success of the program in attaining the recycling goals required by the State of California. Goals of this agreement are to meet the mandates of AB 939, maximize the utilization of personnel and equipment, maximize program, service and cost efficiencies, and maximize the value of the valley's recyclable materials in order to better serve the citizens of the valley. The scope of services as outlined in the "City -to -City Recycling Service Proposal" will be subject to annual review and modification by the City Councils as part of the annual budgetary process upon recommendation by the joint council committee as hereinafter defined. Either city may call additional meetings as needed. The joint council committee will be defined as two members of each city appointed by the respective City Councils. For purposes of the Ralph M. Brown Act, this committee is designated to be a standing committee. The scope of services portion of the agreement which will be subject to review by the joint council committee may include, but not be limited to, budgets, rates, levels of service and programs pertaining to recycling. The management and operations of the programs undertaken under this agreement will be overseen by the City Managers of the two cities and their designees. For the purposes of this agreement, the day-to-day operations, including the provision of personnel and equipment, consistent with the scope of services, shall be the responsibility of the City of Hemet. The waste flow and recyclable materials collected pursuant to this agreement shall be owned, controlled and credited to this program. The Citizens' Solid Waste Advisory Committee, consisting of representatives from both cities, will provide recommendations to the joint council committee on policy issues pertaining to recycling. This committee will be subject to provisions of the Ralph M. Brown Act. The City of Hemet shall, at its sole cost and expense, defend, indemnify and hold the City of San Jacinto, its Council Members, officers, agents and employees free and harmless from any claims or liabilities based or asserted upon any acts or omissions of the City of Hemet, its Council Members, officers, agents and employees arising directly or indirectly out of this agreement. Upon the City of Hemet's failure to so defend, indemnify and hold the City of San Jacinto harmless, the City of San Jacinto shall be entitled to recover from the City of Hemet all of its respective costs, including, but not limited to, reasonable attorney's fees. The City of San Jacinto shall, at its sole cost and expense, defend, indemnify and hold the City of Hemet, its Council Members, officers, agents and employees free and harmless from any claims or liabilities based or asserted upon any acts or omissions of the City of San Jacinto, its Council Members, officers, agents and employees arising directly or indirectly out of this agreement. Upon the City of San Jacinto's failure to so defend, indemnify and hold the City of Hemet harmless, the City of Hemet shall be entitled to recover from the City of San Jacinto all of its respective costs, including but not limited to, reasonable attorney's fees. Each city will assume responsibility for achieving its own reductions in waste flow required by the state. Recyclable materials collected and diverted from the landfills will be tracked separately and reported to the City of San Jacinto by the City of Hemet as necessary to meet the state requirements of the Source Reduction and Recovery Element of the General Plan (SRRE) unless a regional authority is adopted. Within two years, both cities will investigate the joint application to the California Integrated Waste Management Board as a Regional Recycling Authority, which will allow both cities to combine their waste flows and prepare a joint Source Reduction and Recycling Element and Household Hazardous Waste Reduction Element. Customer billing will continue to be provided by each city to its own customers. Each city will be responsible for providing the recycling portion of each residential and commercial active account on a monthly or bimonthly basis as collected. Uncollectible accounts cannot exceed one percent of total accounts billed. To the extent practicable and permissible by law, activities and services provided under this agreement shall be self sustaining. When practicable, with the approval of the City Councils, services may be offered on a special enterprise basis, with fees for service established as may cover all costs, expenses and reserves as may be deemed advisable. In determining the proportion of assets allocated to each city and for the purpose of termination, the following may be considered: Joint Recycling 3/15/95 2 a. Recognition of each city's revenue -producing activities. b. Identification of expenses attributed solely to one city. c. The relative demands for and amounts of service provided within each city. d. The most current population and/or customer counts of each city. e. The most current county -prepared assessed valuation of each city. f. Anv other written agreement made contemporaneously with or subsequent hereto whereby the parties have established a proportionate interest in any asset(s). This agreement may be terminated by written notice of either party, effective upon the completion of a full fiscal year, provided such notice is received not less than one year prior to such effective date. Should this agreement be terminated, each party shall be entitled to its proportionate share of assets acquired under this agreement and shall be responsible for its proportionate share of any outstanding liabilities. The parties understand the liabili- ties on either or both parties may survive the termination of this agreement. In the establishment of rates to be charged to citizens of each or any party to this agreement, each City shall have the option to include or omit booked depreciation upon capital equipment purchased. The parties recognize that a choice not to so include depreciation in rate structure may require substantial and immediate contributions for replacement of worn or destructed equipment. Should any dispute arise between the cities, prior to termination or litigation, the dispute shall first be submitted for voluntary mediation, to be conducted by representative(s) of Western Riverside Council of Governments (WRCOG), or such other person(s) as may be mutually agreed by the parties in dispute. If mediation is conducted by the WRCOG the mediator shall be mutually approved by both cities. Mediation shall commence within 45 days of either party's written request for the same, delivered to the other party. CITY OF SAN JACINTO By Joint Recycling 3/15/95 CITY OF HEMET ram_ S A N JACINTO CITY -TO -CITY RECYCLING SERVICE PROPOSAL City of Hemet City of San Jacinto City Manager Guzzetta City Manager Easter March 1995 TABLE OF CONTENTS EXECUTIVE SUMMARY ES-1 AB 939 REQUIREMENTS ES-1 CITY -TO -CITY RECYCLING PROGRAM OVERVIEW ES-1 SCOPE OF WORK ES-2 FINANCING POLICY ES-3 CONCLUSION ES-3 SECTION 1 1-1 1.1 SCOPE OF WORK 1-1 1.2 PROPOSED CITY -TO -CITY RECYCLING PROGRAM 1-1 1.3 PROJECT TEAM 1-1 SECTION 2 2-1 2.1 PROGRAM DESCRIPTION 2-1 2.2 CONTAMINATION ISSUES 2-3 2.3 RECYCLING ROUTES 2-3 2.4 BILLING 2-4 2.5 PROGRAM IMPLEMENTATION 2-4 2.6 WASTE DIVERSION OBJECTIVES 2-5 2.7 PROGRAM EVALUATION 2-5 SECTION 3 3-1 3.1 CAPITAL & LABOR REQUIREMENTS 3-1 3.2 RATE STRUCTURE 3-3 3.3 DEPRECIATION RESERVES 3-4 APPENDIX APPENDIX A-1 DETAIL BUDGET APPENDIX A-2 SHARED PROGRAM COMMERCIAL RATE STRUCTURE APPENDIX A-3 DEPRECIATION FUNDING/RATE STRUCTURE EXECUTIVE SUMMARY The cities of Hemet and San Jacinto have been working together for the last three years to establish a joint venture which provides low-cost recycling services. Both cities share a vision of working together to keep duplicated costs down and offer the citizenry the highest service level at the lowest rates. With the AB 939 State mandate, a City -to -City recycling program will provide both cities with the opportunity to meet State waste diversion requirements and save money as well. AB 939 REQUIREMENTS: The Cities of San Jacinto and Hemet, like all cities in California, are faced with the AB 939 challenge of reducing their waste streams 25% by December 31, 1995 and 50% by the year 2000. California is faced with an impending crisis of diminishing landfill space and the unavailability of new landfill space. These landfills also pose a potential public health threat by causing soil contamination, air pollution and groundwater contamination. Adopted by the State legislature in September of 1989, the California Integrated Solid Waste Management Act (Assembly Bill 939 and its amendments) established new programs and revised existing responsibilities for the management of solid waste throughout California. This act requires the State of California to authorize and require local governments to make adequate provisions for solid waste handling within their respective jurisdictions by promoting the following hierarchy of waste management: * Source Reduction * Recycling * Composting * Environmentally Safe Waste Transformation * Environmentally Safe Landfill Disposal The Act includes maximizing the use of all feasible approaches to source reduction, recycling and composting technologies to reduce the volume of solid waste 25% by 1995 and 50% by the year 2000. CITY TO CITY RECYCLING PROGRAM OVERVIEW This proposed City -to -City recycling program provides advantages to both cities. The proposed "Shared" recycling program allows San Jacinto to implement the programs necessary to meet its 25% diversion goal in 1995 and provides additional "Optional" programs to exceed the 25% goal. The proposed City -to -City recycling program will also provide the opportunity of lowering the cost of services to Hemet residents by recovering ES-1 fixed costs and overhead more efficiently. The proposed "Shared" recycling program monthly rates to San Jacinto under this proposal would be: Mobile Home Parks/Similar Developments S 2.71 Residential 3.49 Commercial See Appendix A-2 These are the rates assuming 100% funding of the capital equipment depreciation reserve. The City Council will also be presented the option to fund depreciation at 50% or 0%, in which case rates would be significantly lower. See Section 3 and Appendix A-3 for further detail. These rates are the "shared" cost rates for basic recycling services to meet San Jacinto's 25% diversion requirement. There are "optional" commercial service levels which can divert more than 25%, while providing businesses the opportunity to save on their refuse collection bills. The "Shared" program commercial rate structure is shown on Appendix A-2 of this proposal. SCOPE OF WORK Under the "Shared" recycling program, all mobilehome parks and similar developments, residents and businesses will receive a recycling container and access to various programs which allows for the minimum 25% diversion goal. Any commercial recycling services requested above the 25% level would be considered part of the commercial "Optional" program. San Jacinto will achieve significant diversion by the end of 1995 through a good faith effort, and is expected to achieve the full 25% diversion by mid-1996. A container will be offered to residents and businesses; sizes will depend on the current service level of the customer. The list of recycling programs which will be offered to San Jacinto are as follows: * Education & Community Awareness * Residential Curbside Collection * Residential Greenwaste Curbside Collection * Residential On -Site Composting * Household Hazardous Material Drop-off Center * Commercial Greenwaste Collection * Commercial Cardboard Recycling * Commercial Office Paper Recycling * Commercial Centralized Recycling Assuming approval of this agreement in March 1995, the City -to -City recycling program is expected to be fully operational citywide in San Jacinto by June 1995. Phase I implementation will begin in March 1995 with education and community awareness and ES-2 development of the recycling literature. During Phase II, the recycling containers will be delivered to all residents and businesses. FINANCING POLICY The City -to -City program assumes that all vehicles and containers will be financed through lease -purchase financing. The City of Hemet will issue a Certificate of Participation (COP) for $583,845 to purchase all the capital as detailed on the budget on page 3-2 immediately upon approval of agreement by both cities. Revenue from the San Jacinto portion of the City -to -City program will be used to pay the lease payment. In the event of dissolution of this program, liability for the lease payments and control of the equipment will be assigned over to the City of San Jacinto for the outstanding principal balance. CONCLUSION The City of Hemet and the City of San Jacinto recognize the importance of preserving limited and increasingly valuable landfill space, conserving natural resources and protecting the environment. Through existing and planned waste reduction, recycling and public education programs, the citizens of Hemet and San Jacinto understand that as a part of a comprehensive integrated waste management system reducing, reusing, recycling, composting of wastes, education, community awareness and market development programs can contribute significantly toward responsible waste management. The establishment of a City - to -City recycling agreement is a cost-effective tool for implementing recycling programs and meeting the mandates of AB 939 while realizing thousands of dollars in savings. ES-3 SECTION 1 1.1 SCOPE OF WORK For their established monthly rate, residents and businesses will receive the minimum service level ("Shared" program) to achieve the 25% diversion goal. A container will be offered to residents and businesses; sizes will depend on the current service level of the customer. There will also be additional recycling programs offered as follows: • Education and Community Awareness • Residential Curbside Collection • Residential Greenwaste Curbside Collection • Residential On -Site Composting " Household Hazardous Material Drop-off Center " Commercial Greenwaste Collection • Commercial Cardboard Recycling • Commercial Office Paper Recycling • Commercial Centralized Recycling If approved in March 1995, the City -to -City recycling program is expected to be fully operational by June 1995. The program operations and implementation timeline are discussed in greater detail in Section 2 of the proposal. 1.2 PROPOSED CITY -TO -CITY RECYCLING PROGRAM With the City -to -City recycling program, both cities will be able to meet AB 939 diversion requirements. The program involves resident and business participation; this will be essential in the attainment of 50% diversion by the year 2000. This agreement would give both cities the ability to determine the destination of Hemet and San Jacinto's waste stream for the future. All commercial customers will be offered commercial recycling containers. All residential and commercial customers will be provided with one or more of the recycling programs listed above, depending on the waste characterization of the individual resident or business. Section 2 of this report includes a detailed description of the recycling programs and the services levels provided. 1.3 PROJECT TEAM City -to -City Joint Council Committee/Solid Waste Advisory Committee The team for this joint recycling proposal will consist of staff and Councils of the Cities of San Jacinto and Hemet. In addition, the recycling advisory committee will be expanded to include membership to residents and businesses of San Jacinto. 1-1 For the purposes of this agreement the day-to-day operations, including the provision of personnel and equipment, consistent with the scope of services, shall be the responsibility of the City of Hemet. The San Jacinto City Manager will work with the Hemet City Manager on program evaluation and implementation, accomplishment of 25% diversion goals, and other related matters. City -to -City Recycling Operations The City -to -City program is expected to be regarded as a "leader" in the area of waste management due to its innovative Resource Recovery and Recycling Programs. Regional Activities The joint effort will be well represented at various state and regional solid waste committees: * City of Hemet Recycling Task Force Committee * Western Riverside Council of Governments (WRCOG) * Riverside County Solid Waste Management * Coachella Valley Association of Government (CVAG) * Riverside County House Hazardous Waste Task Force * Solid Waste Association of Northern America Automated System: Automated collection of refuse and recyclables has been widely proven to be the most cost-effective system in cities across America. Although the cost of automated vehicles is about 17% higher than manual vehicles, the net long-term cost is lower. Since the completed conversion of the automated residential collection program, the following has been experienced: (1) Workers' compensation claims have been drastically reduced, dropping net operating expenses; (2) Customer service has increased as residents can now place all their refuse in one automated container, not in boxes, cans or bags; (3) Automation has added to the beautification of the City as refuse and recycling is contained in standardized containers; and (4) The efficiency of the automated system has increased greatly. This last point can best be verified by the fact that in 1985, the refuse residential collection program served a community of 29,400 with six employees and eight vehicles under a manual system; in 1995, after complete conversion to the automated system, the program serves a population of about 54,000 with five employees and five vehicles. This represents an increase in service level of 70% and an overall decrease in personnel and capital costs over that eight -year period. 1-2 Training and Versatility of Resources: Hemet maintains an extensive policy of cross -training all its human resources in every facet of the division. For example, every Refuse employee is hired in as a Utility Worker. The employee is next put through a comprehensive training and certification program. To move up to the Operator I status, the Utility Worker must have certifications on three types of refuse equipment and the knowledge of the responsibilities that follow each equipment type. Operator II employees are moved up from Operator I after 2 years of experience and certification on two additional types of equipment. Included in this training is a cross -training phase which includes both residential, commercial, and industrial service training as well as instruction in the recycling and resource recovery programs of Hemet. Equipment is designed with specifications which allows for use throughout both refuse collection and recycling programs. The versatility of human resources and equipment means greater efficiency in waste management programs. Also, Hemet's fleet is top -of -the -line equipment, replaced at the cost-efficient point of the life cycle curve. 1-3 SECTION 2 PROGRAM OPERATIONS & TIMELINE 2.1 PROGRAM DESCRIPTION The City of Hemet shall be responsible for the day-to-day operations of the City to City recycling program with support offered by City of San Jacinto staff. The following components give detail to these operations. Education and Community Awareness Program for San Jacinto The development, writing and printing of public information in both English and Spanish will be the responsibility of both of the cities' staffs. Achieving a successful recycling program will require extensive education and promotion. A comprehensive public education program will be developed and targeted to residents, businesses and children. As much as possible, printed material will be bilingual in both English and Spanish. Public service announcements for holiday schedule reminders, household hazardous waste and other special programs will be prepared. The recycling hotline will be available from 8:00 a.m. to 5:00 p.m. Monday through Friday for questions from San Jacinto residents and businesses. Business customers will be contacted directly by the Hemet Customer Service Representatives to educate them on the "Optional" program. All educational and community awareness programs will be developed in conjunction with San Jacinto City Staff. Funds for public education activities have been included in the budget. RESIDENTIAL RECYCLING All residents will participate in the basic "Shared" recycling program. The following describes the various programs within residential recycling. Residential Curbside Collection Each resident in a single family dwelling unit will be supplied a container with a City - to -City Recycling logo and an informational sticker to remind residents of the items that "can" and "cannot" be placed into the recycling container. Curbside collection will occur every other week. A schedule will be provided to all residents. Mobilehome parks/similar developments will receive individual or commercial containers based on type of current refuse service. 2-1 Residential Green Waste Curbside Collection Each resident issued a container or hand tray will be given colored stickers to place on a sealed plastic bag or any sturdy container that the residents choose. Curbside green waste collection will occur weekly. Residential On -Site Composting At the request of a resident, at no additional cost, an on -site composting bin will be provided. Each bin will be distributed by the City -to -City customer service representative. Household Hazardous Material Drop-off Center Also known as the ABOP (Antifreeze, Batteries, Motor Oil and Paint) program, the City of Hemet Corporation Yard located at 3777 Industrial Avenue, Hemet, will accept these hazardous materials. The facility will operate Monday through Friday during the hours of 10:00 a.m. to 4:00 p.m. with plans to expand to Saturday service in the near future. Any other hazardous materials will be referred to the County of Riverside, household hazardous waste division. COMMERCIAL RECYCLING Commercial recycling offers two types of programs in order to accommodate both the 25% diversion requirement and diversion which exceeds 25%. They are as follows: The Shared Commercial Program is the minimum service level needed in order to meet the 25% diversion requirement. The recycling container provided is based on 25% of the current refuse service level. The Optional Commercial Program operates on a voluntary basis. If the business is recycling more than 25% and is willing to participate in this program, a waste audit will be performed to target the largest amount of recyclables produced by that business. Containers are then provided for those materials. Commercial Green Waste Collection Businesses that generate a significant amount of green waste will be provided a green waste container based on their service needs. The container size and frequency of pick-ups per week is based on 25% of the current refuse service level. 2-2 San Jacinto commercial landscape maintenance businesses can divert their green waste at the City of Hemet Corporation Yard upon presentation of a valid San Jacinto business license. There will be a $5.00 minimum charge for taking loads of green waste to the corporation yard. Commercial Cardboard Recycling Businesses that generate a significant amount of cardboard will be provided a cardboard recycling container based on their service needs. If the amount of cardboard generated is not significant enough, the cardboard will be recycled through a "commingled" recycling container. The container size and frequency of pick-ups per week is based on 25% of the current refuse service level. Commercial Office Paper Recycling Office paper will be recycled through a "commingled" recycling container provided to businesses based on 25% of their refuse service level. Commercial Centralized Recycling If a group of businesses choose to participate in a centralized recycling container the size of the container provided is based on 25% of their "total" refuse service level and billed accordingly. 2.2 CONTAMINATION The current program assumes a 2% contamination rate; this is acceptable and will not affect the economics of the program. If residents and businesses contaminate at a higher rate, the per ton processing fees will go up considerably. Education and community awareness efforts should help limit the contamination level. If a container is contaminated, it will be tagged "contaminated" to be picked up by an automated refuse vehicle. At their April 4 rate setting hearing, the San Jacinto City Council may wish to consider establishing a contamination charge. For example, for the first occurrence, the resident or business would be notified in writing. For the second occurrence, a five dollar ($5.00) charge would be billed. Upon the third occurrence, the container would be removed for a three month period of time and the account would continue to be billed for recycling services during the three month period. 2.3 RECYCLING ROUTES Recycling will be done on different days than refuse collection. 2-3 2.4 BILLING San Jacinto staff will be responsible for billing and processing the payments of all their residential and commercial accounts. The recycling funds collected, minus 1/12 of the budgeted San Jacinto overhead cost, will be forwarded to the City of Hemet. 2.5 PROGRAM IMPLEMENTATION Phase I: March 1995 - June 1995 Public Awareness and Education Campaign Labor and Capital Acquisition - Labor recruitment and purchase of vehicles and containers through the bid process will proceed immediately after acceptance of the City -to -City proposal as well as the San Jacinto City Council's approval to proceed with purchase of equipment. Education - Materials will be developed, printed and distributed during this first phase of implementation. Initially a calendar/informational brochure will be produced and distributed. Flyers, posters and coloring books will supplement the program continually throughout the year. Each item will take approximately 3-6 weeks to produce. Telephone Hotline - As soon as possible, current Hemet personnel will be available to begin answering recycling inquiries. Phase II: May 1995 - June 1995 Delivery of containers and calendar/informational brochures. Begin Billing - May 1, 1995 Community Awareness - During this start up period waste audits will be given to commercial businesses and presentations to interested organizations such as schools, service clubs and non-profit groups. Newspaper advertising and public service announcements will be staggered throughout the year during special campaigns like household and hazardous waste, and green waste. Container Assembly - Recycling carts, hand trays and backyard composting bins will be assembled. Informational stickers and "City to City" seals will be placed on each container. 2-4 Phase III: June 1995 - July 1995 Begin collection service. Commercial Routes - Recycling routes will be conducted six days a week. Residential Routes - Recycling routes will be conducted five days a week servicing residents every other week for commingled recyclables and once -a -week for green waste. Phase IV: August 1995 Council joint committee will review program status February 1996 Mid -year Evaluation of Program Council Report - City -to -City staff will provide a comprehensive performance report on diversion rates, expected budget status and revenues received. A report will also be given on the status of the "Optional" recycling program. 2.6 WASTE DIVERSION OBJECTIVES The Cities are confident that with full implementation of the basic "Shared" programs described above, San Jacinto will meet its AB 939 waste diversion goal of 25% by mid 1996. While some programs divert higher percentages of the waste stream, each program above is essential for the attainment of the 25% goal. As shown earlier, an "Optional" commercial program is available to San Jacinto to exceed the 25% goal. We have estimated 20% participation by the commercial sector. This participation requires the payment of an additional rate, which will be above the basic "Shared" program rate. The San Jacinto City Council will consider the "Optional" rate structure at their April 4 rate setting hearing. 2.7 PROGRAM EVALUATION An evaluation and modification of the City -to -City recycling program will be done on an ongoing basis by both cities' staffs, the Councils' Joint Committee and City Councils. 2-5 SECTION 3 PROGRAM REVENUES AND COSTS 3.1 CAPITAL & LABOR REQUIREMENTS The total of the San Jacinto "Shared" residential and commercial recycling program is $542,483 (assuming a 100% depreciation reserve). This cost includes $107,172 of labor, $82,406 of depreciation reserve; and $352,905 of operations and maintenance costs. If the San Jacinto City Council chooses a 50% or 0% depreciation reserve, the total program costs and rates would be lower. (The costs and rates related to these two depreciation reserve options can be seen on Appendix A-1 and A-3.) The City Council should be aware that the depreciation reserve serves a dual purpose: 1) Sets an annual amount aside so that the program can pay "cash" for capital in the future and 2) Since the insurance premiums budgeted in the program do not cover accidental losses below a given limit ($250,000), the depreciation reserve can be used to cover those losses if Council chooses. As discussed, there is also an "Optional" program which is offered to San Jacinto's business customers. This program has an annual cost of $182,639. The "Optional" program provides San Jacinto businesses with the financial incentive to promote recycling at a rate higher than 25%. If this City to City recycling program is approved by San Jacinto, there is a good opportunity that grants aimed at encouraging regional recycling activities can be secured to reduce costs. The operating budgets for both the "Shared" and "Optional" Commercial Recycling Programs to San Jacinto residents and businesses are as follows: Shared Residential & Commercial Program Cost Useful life Annual Depreciation Reserve/Debt Service Labor Requirements Annual Cost Two Truck Operator II's $ 72,000 Operation Overtime 3,520 One Office Specialist II 31,652 Total Labor Requirements $107,172 3-1 I Capital Requirements (Standard ADR) Cost Uaeful Life Annual Depreciation Reserve/Debt Service One Automated Vehicle S135,000 7-Year S19,286/524,450 One Manual Vehicle 120,000 7-Year 17,143/21,733 4,170 60-Gal Containers 237,690 7-Year 33,956/43,049 1,500 17-Gal Containers 6,000 7-Year 857/1,087 220 90-Gal Containers 14,300 7-Year 2,043/2,590 70 330-Gal Containers 11,200 7-Year 1,600/2,028 15 450-Gal Containers 3,450 7-Year 493/625 60 2-Yard Bins 23,700 7-Year 3,386/4,292 25 3-Yard Bins 10,925 7-Year 1,561/1,979 30 4-Yard Bins 14,580 7-Year 2,083/2,641 Total Capital Requirements $583,845 582,406 Operations & Maintenance Costs Advertising Materials $ 20,000 Material Processing Fees 14,400 Supplies & Services 14,500 Internal Service Charges 114,137 Overhead: Hemet 45,000 Overhead: San Jacinto 40,394 Debt Service (@ 7%) 104,474 Total Operations & Maintenance $352,905 Grand Total Coat - Shared Program $542,483 Optional Commercial Recycling Program Coat Useful Life Annual Depreciation Reserve/Debt Service Labor Requirements Annual Coat One Truck Operator 11 S 31,652 Operator Overtime 5,000 Total Labor Requirements $ 36,652 3-2 Capital Requirements (Standard ADR) Cost Useful Lire Annual Depreciation Cost/Debt Service One Front -Loader Vehicle S135,000 7-Year 519,286/S24,450 50 2-Yard Bins 19,750 7-Year 2,821/3-577 75 3-Yard Bins 32,775 7-Year 4,682/5,936 65 4-Yard Bins 31,590 7-Year 4,513/5,721 Total Capital Requirements $219,115 $31,302 Operations & Maintenance Annual Cost Material Processing Fees S 5,000 Supplies & Services 5,000 Internal Service Charges 15,000 Overhead: Hemet 35,000 Overhead: San Jacinto 15,000 Debt Service (@ 7%) 39,684 Total Operations & Maintenance $114,684 Grand Total Cost - Optional Program $219,119 $182,639 The "Shared" and "Optional" program budgets shown above are stand-alone budgets. This means that the rates established for each program cover the full cost of operations. The $182,639 total budget for the "Optional" program is based on a break-even estimate of 190 commercial businesses desiring to exceed 25% diversion. Under the "Optional" program, if revenues are not realized as forecasted, expenditures in the "Optional" program budget will be limited to the amount of revenues received. 3.2 RATE STRUCTURE Rate and Cost Structure: The City -to -City monthly rate structure under 100% funding of the depreciation reserve would be as follows: "Shared" Commercial Program Rates: Mobile Home Parks/Similar Developments $ 2.71 Residential 3.49 Commercial See Appendix A-2 for various rates 3-3 "Optional" Commercial Program Rates: Commercial Will be available for April 4 rate hearing Under the "Shared" program rate structure, the revenues generated recover the full costs of the "Shared" residential and commercial recycling program implemented in San Jacinto. 3.3 DEPRECIATION RESERVES Appendix A-3 has a detailed chart showing the differences in the "Shared" program residential rates depending on the percentage of depreciation reserve (100%, 50%, 0%) that San Jacinto City Council decides to fund, summarized as follows: Monthly rate with 100% depreciation Monthly rate with 50% depreciation Monthly rate with 0% depreciation Mobilehome/ similar developments $2.71 $2.51 $2.30 Residential $3.49 $3.23 $2.96 Depending on the depreciation reserve level chosen, the "Shared' commercial rates will also vary. On Appendix A-3 an example of this variance has been shown for a three -yard container picked up twice a week. Once a depreciation reserve percentage has been established a commercial rate chart for that reserve percentage will be developed and presented at the April 4 rate setting hearing for consideration. Under the 0% depreciation scenario, the assumption is that the City -to -City program would continue to purchase capital and equipment through pay-as-you-go lease -purchase financing. No funds would be available for accidental losses or unanticipated costs, which would require coming back to the City -to -City program for a possible rate increase. Under the 50% depreciation scenario moderate reserves would be established and available for some accidental losses or unanticipated costs. Under the 100% depreciation scenario funding for capital equipment would be available when replacements were needed and reserves would be available for accidental losses and unanticipated costs. Depreciation reserve is based on a seven year replacement. 3-4 APPENDIX A-1!. Page 1 1995-96 DETAIL BUDGET FOR SAN JACINTO SHARED RECYCLING PROGRAM BUDGET SCENARIO #1: 100% DEPRECIATION RESERVE DEPARTMENT: Integrated Waste Management FUND NO: 554 IWM PROGRAM: San Jacinto Recycling Program DEPT NO: 4300 ACCOUNT CLASSIFICATIONS EMPLOYEE SERVICES PROPOSED 1994-95 1100 SALARIES 574,138 1200 SALARIES - PART TIME 0 1300 SALARIES - OVERTIME 3,520 1400 ALL OTHER FRINGE BENEFITS 29,514 1420 MISC PERS 0 t450 RETIREE PREMIUMS 0 SUBTOTAL S107,172 SUPPLIES & SERVICES 2100 UTIUTIES 2200 TELEPHONE & TELEGRAPH 2220 ADVERTISING & PUBLICATIONS 2250 OFFICE SUPPUES & MATERIALS 2300 TRANSPORTATION EXPENSES 2350 VEHICLE SUPPLIES & MAINT 2380 CITY VEHICLE & EQUIP RENTAL 2400 CONTRACTS, LEASES, RENT & TAX 2450 MAINT OPERATIONS/PARTS & SUPP 2480 BUILDING MAINT & REPAIRS 2500 INSURANCE, BONDS 2550 CONFERENCES 2555 POST REIMBURSABLE TRAINING 2560 TRAINING AND EDUCATION 2812 CITY ATTORNEY 2813 MANAGEMENT INFO SYSTEMS 2814 PRINT SHOP 2618 UABILITY INSURANCE 2817 EMERGENCY SERVICES 2822 VEHICLE MAINTENANCE & REPAIRS 2623 VEHICLE FUEL 2825 VEHICLE DEPRECIATION 2640 GENERAL RIND OVERHEAD (HEMET/SAN JACINTO) 2645 PAYMENT -IN -LIEU -OF -TAX (PILOT) 2680 FACIUTY MAINTENANCE 2690 PUBLIC WORKS ADMINISTRATION 2700 UNIFORMS & SAFETY EQUIPMENT 2800 MISCELLANEOUS 2850 SMALL TOOLS 4100 PRINCIPAL 4200 INTEREST 9900 DEPRECIATION CAPITAL OUTLAY 100% SO 500 20,000 5,000 0 0 0 14,400 5,000 0 0 0 0 2,000 3,000 1,500 0 14,637 0 20,000 15,000 0 85,394 0 0 80,000 1,500 0 500 88,191 38,282 82,408 S IJBTOTAL S435,311 5300 OTHER IMPROVEMENTS 5400 MAJOR MACHINERY & EQUIPMENT 5500 RIGHTS OF WAY SUBTOTAL GRAND TOTAL 0 0 0 0 $542,483 [Citydo-City Recycling: 3/14(95] A .ENDIX A-1 Page 2 1995.96 DETAIL BUDGET FOR SAN JACINTO SHARED RECYCLING PROGRAM BUDGET SCENARIO *2: 50% DEPRECIATION RESERVE DEPARTMENT: Integrated Wade Management FUND NO: 5541WM PROGRAM: San Jacinto Recycling Program DEPT NO: 4300 ACCOUNT CLASSIFICATIONS EMPLOYEE SERVICES PROPOSED 1994-95 1100 SALARIES S74,138 1200 SALARIES - PART TIME 0 1300 SALARIES - OVERTIME 3,520 1400 ALL OTHER FRINGE BENEFITS 29.514 1420 MISC PERS 0 1450 RETIREE PREMIUMS 0 SUBTOTAL 5107,1 T2 SUPPLIES & SERVICES 2100 UTILITIES 2200 TELEPHONE & TELEGRAPH 2220 ADVERTISING & PUBUCATIONS 2250 OFFICE SUPPUES & MATERIALS 2300 TRANSPORTATION EXPENSES 2350 VEHICLE SUPPLIES & MAINT 2380 CITY VEHICLE & EQUIP RENTAL 2400 CONTRACTS, LEASES, RENT & TAX 2450 MAINT OPERATIONS/PARTS & SUPP 2460 BUILDING MAINT & REPAIRS 2500 INSURANCE, BONDS 2550 CONFERENCES 2555 POST REIMBURSABLE TRAINING 2580 TRAINING AND EDUCATION 2812 CITY ATTORNEY 2813 MANAGEMENT INFO SYSTEMS 2614 PRINT SHOP 2818 LIABILITY INSURANCE 2617 EMERGENCY SERVICES 2022 VEHICLE MAINTENANCE & REPAIRS 2823 VEHICLE FUEL 2625 VEHICLE DEPRECIATION 2640 GENERAL FUND OVERHEAD (HEMET/SAN JACINTO) 2045 PAYMENT -IN -LIEU -OF -TAX (PILOT) 2880 FACIUTY MAINTENANCE 2690 PUBLIC WORKS ADMINISTRATION 2700 UNIFORMS & SAFETY EQUIPMENT 2800 MISCELLANEOUS 2850 SMALL TOOLS 4100 PRINCIPAL 4200 INTEREST 9900 DEPRECIATION 50% SO 500 20,000 5,000 0 0 0 14,400 5,000 0 0 0 0 2030 3,000 1,500 0 14,Ri7 0 20,003 15,000 0 85,394 0 0 80,000 1,500 0 500 88,191 38,282 41,203 SUBTOTAL S394,1013 CAPITAL OUTLAY 5300 OTHER IMPROVEMENTS 0 5400 MAJOR MACHINERY & EQUIPMENT 0 5500 RIGHTS OF WAY 0 SUBTOTAL 0 GRAND TOTAL S501,280 (City-toCity Recycling: 3/14/95) APPENDIX A-1 Page 3 1995-96 DETAIL BUDGET FOR SAN JACINTO SHARED RECYCLING PROGRAM BUDGET SCENARIO #3: 0% DEPRECIATION RESERVE DEPARTMENT: Integrated Waste Management FUND NO: 554IWM PROGRAM: San Jacinto Recycling Program DEFT NO: 4300 ACCOUNT CLASSIFICATIONS EMPLOYEE SERVICES PROPOSED 1994-95 1100 SALARIES 574,138 t200 SALARIES - PART TIME 0 1300 SALARIES - OVERTIME 3,520 1400 AU. OTHER FRINGE BENEFITS 29,514 1420 MISC PERS 0 1450 RETIREE PREMIUMS 0 SUBTOTAL $107,172 SUPPLIES & SERVICES 2100 UTILITIES 80 2200 TELEPHONE & TELEGRAPH 500 2220 ADVERTISING & PUBUCATIONS 20,000 2250 OFFICE SUPPLIES & MATERIALS 5.000 2300 TRANSPORTATION EXPENSES 0 2350 VEHICLE SUPPUES & MAINT 0 2380 CITY VEHICLE & EOUIP RENTAL 0 2400 CONTRACTS, LEASES, RENT & TAX 14,400 2450 MAINT OPERATIONS/PARTS & SU PP 5,000 2480 BUILDING MAINT & REPAIRS 0 2500 INSURANCE, BONDS 0 2550 CONFERENCES 0 2555 POST REIMBURSABLE TRAINING 0 2560 TRAINING AND EDUCATION 2,000 2812 CITY ATTORNEY 9,000 2613 MANAGEMENT INFO SYSTEMS 1,500 2814 PRINT SHOP 0 2818 UABIUTY INSURANCE 14,637 2817 EMERGENCY SERVICES 0 2822 VEHICLE MAINTENANCE & REPAIRS 20,000 2823 VEHICLE RJEL 15,000 2625 VEHICLE DEPRECIATION 0 2640 GENERAL FUND OVERHEAD (HEMET/SAN JACINTO) 85,394 2845 PAYMENT-IN-UEU-OF-TAX (PILOT) 0 2880 FACILITY MAINTENANCE 0 2890 PUBLIC WORKS ADMINISTRATION 80,000 2700 UNFORMS & SAFETY EQUIPMENT 1,500 2800 MISCELLANEOUS 0 2850 SMALL TOOLS 500 4100 PRINCIPAL 88,191 4200 INTEREST 98.262 9900 DEPRECIATION 0% 0 SUBTOTAL 9352,905 CAPITAL OUTLAY 5300 OTHER IMPROVEMENTS 0 5400 MAJOR MACHINERY & EQUIPMENT 0 5500 RIGHTS OF WAY 0 SUBTOTAL 0 GRAND TOTAL 5480,077 [City -to -City Recycling: 3/14/951 APPENDIX A-2 CITY -TO -CITY RECYCLING SHARED PROGRAM COMMERCIAL RATE STRUCTURE AND 25% SERVICE REQUIREMENTS TRASH CONTAINER PICK-UPS SJ.'e (51 BASE RATE TOTAL * of Total Total Total Cu.Yd. Gallons rr of N or 0 of N of 0 of N of N of SIZE PER WEEK REFUSE RECYCLING RATE Cont. Cu.Yd. Gallons Tons 25% 25% 64-G 96-G 300-G 450-G 2-YD 3•YD 4-YD SAN JACINTO'S REFUSE RATE WITH "BASE' RECYCLING RATE Recycling Service Requirements @ 25% Diversion 2 YARD 1 581 57 529 87 921 24 101 2 404 0.61 0.60 101 1.5B 1.05 0.34 0.23 0.25 0.17 0.13 0 403 95 2 122 24 35.00 157 84 2 4 808 1.01 1.00 202 3.18 2.10 0.87 0.48 0.50 0.33 0.25 P- 508.08 3 182.91 44.51 227.42 1 6 1,212 1.52 1.50 303 4.73 3.18 1.01 0.80 0.75 0.50 0.38 4 243 58 51.10 294 77 0 8 1,818 2.02 2.00 404 8.31 4.21 1.35 0.92 1.00 0.87 0.50 5 304 25 58.86 383.11 0 10 2,020 2.53 2.50 505 7.80 5.2e 1.68 1.15 1.25 0.83 0.63 8 384.92 87.02 432.81 0 12 2,424 3.04 3.00 808 9.47 8.31 2.02 1.38 1.50 1.00 0.75 3 YARD 1 502 36 542.39 5134.75 165 3 808 0.78 0.75 151 2.37 1.58 0.50 0.34 0.38 0.25 0.19 0 605 92 2 183 36 44 51 227 87 85 8 1,212 1 52 1.50 303 4 73 3 18 1.01 0 80 0.75 0.50 0.38 3 274 38 54 14 328 50 1 I 9 1,818 2 28 2.25 454 7.10 4 73 1.51 1.03 1.13 0.75 0.50 4 385 38 62 26 427 82 10 12 2,424 3.04 3.00 808 9 47 0.31 2.02 1.38 1.50 1.00 0.75 5 456 38 74.71 531 07 9 15 3,030 3 80 3.75 757 11 63 7 B9 2.52 1 72 1 88 1 25 0.94 e 54738 83.68 83104 0 18 3,838 4.55 4.50 909 14.20 9.47 3.03 2.07 2.25 1.50 1.13 4 YARD 1 3123 14 545.72 $188 80 113 4 008 1.01 1.00 202 3.16 2.10 0.87 0.48 0.50 0.33 0.25 0 807.90 2 244.48 55.84 300.12 58 6 1,818 2.02 2.00 404 6.31 4.21 1.35 0.92 1.00 0.67 0.50 3 385.82 63.99 429.81 13 12 2,424 3.04 3.00 808 9.47 8.31 2.02 1.38 1.50 1.00 0.75 4 487.18 78.78 563.04 18 16 3,232 4.05 4.00 808 12.82 8.42 2.89 1.84 2.00 1.33 1.00 5 608 50 88.30 896 50 1 20 4,039 5 06 5.00 1.010 15.78 10.52 3.37 2.30 2.50 1.87 1.25 B 729 84 128 04 857. 86 2 24 4,847 8 07 8.00 1.212 18.94 12.82 4.04 2.75 3.00 2.00 1.50 Commercial Rarrel 51391 $5.00 SIB 91 502 ROLL-OFF'St Induatnal roll -off rates will be available by the April 4, 1995 rate hearing. Note The 'Base' Recycling Rate charged to residential and carshaclsl accounts is charged to recover the coat of the 'minimum paraclpabm' program which is expected to bnng the City of San Jacinto 10 its 25% diversion rate. The base rates ere container -driven. This means that 11 multiple users are sharing e single refuse container, they will be sharing the recycling container. This enables the users to spilt the recycling container fee just as they do their refuse container lee. PRELIMINARY RATES [REVISED 03/15/951 APPENDIX CITY -TO -CITY RECYCLING SHARED PROGRAM RATE STRUCTURE SCENARIOUS BASED ON DEPRECIATION RESERVE 100% DEPRECIATION RATES 50% DEPRECIATION RATES 0% DEPRECIATION RATES Shared Budget $542,483 $501,280 $460,077 Residential Allocation $184,444 $3.49 $170,435 $3.23 $156,426 $2.96 Mobilehome Park/Similar Development Allocation $48.823 $2.71 $45,115 $2.51 $41,407 $2.30 Commercial Allocation $309,215 *$45.29 $265,730 *$41.85 $262,244 *$38.41 Residential Containers 4,400 4,400 4,400 Mobilehome Park/Similar Development Containers 1,500 1,500 1,500 Commercial Containers 569 569 569 *Commercial rate for a typical service level of one 3-yard container collected twice weekly. • a