HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 11/21/1995DATE:
TIME:
PLACE:
AGENDA
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS
THE REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY AND
THE SAN JACINTO FINANCING AUTHORITY
November 21, 1995
7:30 P.M.
COMMUNITY CENTER
625 SOUTH PICO
SAN JACINTO, CALIFORNIA
1.0 CALL TO ORDER
Roll Call
- Prayer of Invocation - Pastor Charles Webb
Pledge of Allegiance
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2.0 SPECIAL PRESENTATIONS
2.1 Service Awards - Bryan Viq (5 Years)
2.2 Recognition of "Make a Difference Day Volunteers"
2.3 Outstanding Teacher Recognition - Pam Montgomery - 5th Grade
Teacher, San Jacinto Elementary
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.
3.1 Renaming of Domenigoni Reservoir - Melba Hoffman
4.0 REDEVELOPMENT AGENCY
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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.
Convene the Redevelopment Agency in joint session with the City Council for
consideration of the following:
5.1 Minutes of Regular Meeting of October 3. 1995
RECOMMENDATION: Approve the Minutes of the Regular Meeting of
October 3, 1995, as presented.
5.2 Minutes of Regular Meeting of October 17, 1995
RECOMMENDATION: Approve the Minutes of the Regular Meeting of
October 17, 1995, as presented.
5.3 Warrant Register
RECOMMENDATION: Approve warrant numbers 41743 through 41846
dated November 15, 1995 in the amount of $517,447.24 and Payroll
check numbers 6185 through 6270 dated October 13, 1995.
5.4 Adoption of Ordinance Providing for the Administration of Disaster
Operation and Relief
RECOMMENDATION: Waive the reading in full and read by title only and
adopt (Second Reading) Ordinance No. 1016 providing for the
Administration of Disaster Operation and Relief.
ORDINANCE NO. 1016
AN ORDINANCE OF THE CITY OF SAN JACINTO PROVIDING FOR THE
ADMINISTRATION OF DISASTER OPERATION AND RELIEF IN THE CITY OF SAN
JACINTO
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5.5 Adoption of Ordinance Amending_Development Agreement 1-89
RECOMMENDATION: Waive the reading in full and read by title and
adopt (Second Reading) Ordinance No. 1017 amending Development
Agreement 1-89.
ORDINANCE NO. 1017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
AMENDING DEVELOPMENT AGREEMENT 1-89 MADE BETWEEN THE CITY AND
PR EQUITIES, LTD, DATED SEPTEMBER 19, 1989, AND RECORDED ON
NOVEMBER 30, 1989 AND AUTHORIZING THE EXECUTION OF THE AMENDMENT
TO THE DEVELOPMENT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"
5.6 Community Development Block Grant (CDBG) Subrecipient Agreements -
Jobs Unlimited and Alliance for the Mentally III
RECOMMENDATION: Approve the Community Development Block
Grant Subrecipient Agreements as presented.
5.7 Amendment to Contract for Services for Deputy City Clerk
RECOMMENDATION: Approve the amendment to the personal services
agreement between the City and Pamela Lee.
5.$ ' Calling of Bonds for Tract 24048 (Laing Homes)
RECOMMENDATION: Call the bonds for Tract 24048 for the purpose of
completing the infrastructure.
5.9
Advance of Money for a Police Explorer Post Fund Raiser
RECOMMENDATION: Approve the advance of $1,176.00 to the Police
Explorer Post for their Annual Christmas Wreath Fund Raiser.
Contract with Community Initiatives Development Corporation and Harley
Knox Associates Related to Financing for Economic Development
RECOMMENDATION: Acting in the capacity of the Redevelopment
Agency approve the 12 month contract with Community Initiative
Development Corporation and Harley Knox Associates in the amount not
to exceed $3,200.00 per month, consultant to be used on an as needed
basis; direct staff to return with a Resolution setting the fee schedule as
outlined.
5.11 Replacement of Two Police Motorcycles
RECOMMENDATION: Authorize staff to replace two 1988 Harley
Davidson motorcycles (with accessories) for an amount not to exceed
$18,000.00.
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i
2 Approval of Manaaement/Confidential Salary and Benefits Resolution
RECOMMENDATION: Adopt Resolution No. 95- relating to
Management/Confidential Salary and Benefits.
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, RELATING TO
SALARY RANGES AND BENEFITS FOR EXECUTIVES, SUPERVISORS, MIDDLE
MANAGERS AND CONFIDENTIAL EMPLOYEES
END OF CONSENT CALENDAR
Motion by: Seconded by: to approve consent calendar
items 5.1 through 5.12 and adopt Resolution No. 95- and introduce Ordinance No.
through Ordinance No.
6.0 PUBLIC HEARINGS
6.1 ADVERTISED - Sale of Redevelopment Agency Land
Location: Northeast Corner of Shaver Street and Jordan Avenue
RECOMMENDATION: Acting in the capacity of the Redevelopment
Agency approve the sale of the Redevelopment Agency Property, and the
approval of the Disposition and Development Agreement with Pueblo
Development Company.
Adjourn the Redevelopment Agency and continue acting in the capacity of the City
Council for the remainder of the agenda.
6.2 UNADVERTISED - Introduction of Ordinance Amending Ordinance No.
999 Pertaining to Fees for Garage Sale Permits - McNabb
RECOMMENDATION: Waive the reading in full and read by title only and
introduce (First Reading) Ordinance No. which eliminates the Senior
Citizen's fee exemption for garage sale permits.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, AMENDING ORDINANCE NO. 999 PERTAINING TO FEES FOR
GARAGE SALE PERMITS
7.0 CITY DEPARTMENTS
7.1 Traffic Soeed Ordinance (Meridian Street) - Evans
RECOMMENDATION: Waive the reading in full and read by title only and
introduce (First Reading) Ordinance No. establishing speed limits on
Meridian Street.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, ESTABLISHING A SPEED LIMIT ZONE ON THE BELOW STATED
STREET WITHIN THE CITY OF SAN JACINTO
7.2 Discontinuance of Animal Control Program - Holmes (Continued from
11/7/95).
RECOMMENDATION: Receive for information and provide direction to
staff, as appropriate.
7.3 Change in Police Department Table of Organization to Uoarade Sergeant
to Police Commander - Holmes (Continued from 11/7/95)
RECOMMENDATION: Receive for information and provide direction to
staff, as appropriate.
7.4 1995-96 Additional Budoet Authority - Herrera/McNabb
RECOMMENDATION: Receive for information and provide direction to
staff, as appropriate.
8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS
9.0 CLOSED SESSION
9.1 Conference with Labor Negotiator ursuant to GovernmentCode Section
54957.6
Negotiator: Richard Kreisler, Pam Easter, Rod Butler, John Herrera
Regarding: San Jacinto Police Officers' Association and Public
Employees of Riverside County (PERC)
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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 November, 1995, as required by law.
ep ty City Clerk
6
November 9, 1995
Mayor David B. Solorio
City of San Jacinto
312 E. Main Street
San Jacinto, CA 92583
Dear Mayor Solorio and Councilmembers:
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J . `M rOY Y
Attached is information concerning Doyle F. Boen. I and many others are seeking support
to name the Eastside Reservoir in Mr. Boen's honor.
Doyle F. Boen has lived in the San Jacinto Valley over 45 years and was the first General
Manager of Eastern Municipal Water District. Under his direction many of the water
facilities that serve our valley were built.
Mr. Boen fits four of the six categories used by Metropolitan Water District for naming
facilities.
Please assist us in keeping the name of the new reservoir local. In reading between the lines
in the statements from MET the reservoir is no longer to be Domenigoni and unless we act
it could be named after someone in Los Angeles or other parts of the district.
Thank you.
Sincerely,
3rd District
November 16, 1995
Chairman Patrick Miller and Members,
Facility Naming Ad Hoc Committee,
Metropolitan Water District,
P.O. Box 54153,
Los Angeles, Ca., 90054
Dear Chairman Miller and Members
-C\Y S CE\ICERCS
3rd Disrrrci Si 021-visa
County of Riverside
Jessie Myers, Administrative Assistant
Margo Hamilton, Administrative Assistant
Fran Grey, Executive Secretary
Valerie Chase, Executive Secretary
Rebecca Matteson, Executive Secretary
I would enthusiastically endorse the efforts of local residents to rename "Eastside
Reservoir" to "Doyle Boen Reservoir" for the following two reasons.
First, Mr. Boen is respected nation-wide for his knowledge and work in water development.
In addition to his service on your Board itself, I am aware that he served on the
engineering committee and applied his expertise gathered over many years to developing
practicable and equitable proposals for developing and maintaining Southern California's
water supply. Metropolitan Water District had the benefit of Mr. Boen's decades of
experience and the calm and fair temperament that has led him to be so respected locally
and across the nation. I am sure that MWD would also find satisfaction in so honoring
him.
Second, as a supporter of water development in Southern California, and, specifically, of
this reservoir, I am interested in reinforcing the general community support for this new
facility. The impacts on our way of life will be far more significant than most of our
residents have yet observed. The changes will be more tolerable to the extent that the
reservoir is viewed as part of our Valley's culture. Mr. Boen has always been highly
respected for his role in every major water project that has assisted this valley's comfort
and development for almost half a century. Recognizing Doyle Boen by naming the
reservoir in his honor would be a compliment to our community as well as to this revered
water pioneer.
Thank you for your consideration of this request.
Sincerely,
Kay'Ceniceros, Chairman
Riverside County Board of Supervisors
P.O. Box 1359 • Riverside, California 92502-1359 • 909 275-1030
November 14, 1995
To: Jay Malinowski
From: Melba Hoffman
Re: Naming of Eastside Reservoir
We are moving forward with our campaign to have the Eastside Reservoir named in honor
of Doyle F. Boen. The project will be on the San Jacinto City Council agenda on 11/21/95
and on the Hemet City Council agenda 11/28/95. We have also been in contact with the
Chambers of Commerce for both Cities and expect letters of support from them.
In conversations with others, another suggestion has come forth which I feel makes sense.
This facility has three dams. In the interest of preserving the history of the valleys inundated
by this project, our suggestions is that the east dam be named the Donenigoni Dam, the west
side dam be named the Sear] Dam and the north dam be named Garbani Dam. These
families settled in the area in the 1890, 1892. This would appear to please everyone, keep
the naming local and let MET solve its problem without adverse publicity.
Please give me a call at (909) 658-6819 if you feel this proposal has merit. Hopefully, you
could present this suggestion to the committee on November 21, 1995.
Thanks.
HISTORY OF CHAMBER OF COMMERCE RECEIVING BED TAX
INFORMATION FOUND IN CITY COUNCIL MINUTES
7/22/75 - Request by Chamber of Commerce for Transient Room Tax.
MOTION - Approved to allocate all bed tax to the Chamber and let them pay the light
bill for the sign on the drug store and the fireworks for the 4th of July.
10/28/75 - Work Session - City Manager was informed that the Chamber of Commerce
was to receive full bed tax with payments to be made quarterly as per Council action of
July 22, 1975. No formal agreement was entered into.
3/30/76 - Joint meeting with Chamber and City Council
See minutes attached.
2/8/77 - Request from Valley -wide for $500 for July 4th fireworks.
MOTION - Moved to deny the request because of the City's transient room tax
contribution to the Chamber of Commerce for such purposes.
7/19/77 - Chamber of Commerce - Transient Room Tax donation
MOTION - Moved to draw up a contract with the Chamber of Commerce setting forth an
amount of money to be given to the Chamber, not to exceed $4,500, and specifying
money to be used only for promotional activities.
8/2/77 - Chamber of Commerce agreement
MOTION - Moved to authorize the Mayor to sign agreement with Chamber of
Commerce subject to approval by City Attorney.
3/14/78 - Valley -wide request for financial support for July 4th fireworks.
MOTION - Moved to contribute $500 towards the fireworks through the Chamber of
Commerce in addition to the $4,500 bed tax. MOTION WITHDRAWN
MOTION - Moved to designate $500 from City Council's expenditures as a new line
item to be contributed through the Chamber of Commerce for July 4th fireworks.
November 9, 1995
Mr. Patrick Miller, Chairman
Facility Naming Ad Hoc Committee
Metropolitan Water District
P. O. Box 54153
Los Angeles, CA 90054
Dear Sir:
I have been reading with interest the articles in the Press Enterprise about the formal
naming of the Eastside Reservoir. I have a suggestion that I hope you will consider.
Mr. Doyle F. Boen is the person I would nominate for having the reservoir named in his
honor. Mr. Boen has forgotten more about water management, conservation, quality and
planning for the future of our Southern California area than most of us will ever learn.
He meets four of the six measures set for naming of a major facility. He was the first
general manager of Eastern Municipal Water District, he played a major role in the
founding of the Rancho California Water District and was a member of the Board of
Directors of Metropolitan Water District from 1982 to 1994.
Mr. Boen is a community leader and is liked and respected by all who have come in contact
with him. I have continually been amazed at the amount of knowledge he has and how he
can impart that complicated knowledge in a manner that the average person can perceive
the issue and understand how to help with the solution.
I wish I had a vote on the naming committee because I would certainly vote to name the
Eastside Reservoir the DOYLE F. BOEN RESERVOIR.
Sincerely,
Melba Hoffman
cc: Jay Malinowski
I)
All correspondence for the naming of the Eastside Reservoir should be addressed to:
Mr. Patrick H. Miller, Chairman
Facility Naming Ad Hoc Committee
Metropolitan Water District
P. O. Box 54153
Los Angeles, CA 90054-0153
Please send letter to:
Melba Hoffman
41700 Crest Drive
Hemet, CA 92544
FAX (909)929-1911
All correspondence will be included in a package to be presented to the committee in an
effort to have the Eastside Reservoir named in honor of DOYLE F. BOEN.
Doyle F. Boen
Representing Eastern Municipal Water District
on the Board of Directors of
The Metropolitan Water District of Southern California
Doyle F. 8oen of Hemet has long been associated with Eastern Municipal
Water District --as general manager -chief engineer for EMWD's first 30 years --then as
EMWD's representative on the board of directors of The Metropolitan Water District of
Southern California Since 1981.
His assignment in EMWD's early years was to organ17e a small staff, develop
engineering and financial plans for and construction of a water supply system to
supplement rapidly depleting groundwater basins in the Perris Moreno Valley, Hemet
and San Jacinto Valleys. Next came the development of local distribution systems to
serve irrigation and domestic water. As growth came in the late 1950's, it became
evident the District must also provide sewer service and treatment to protect and
manage groundwater reservoirs within the District.
Boen's background, education and experience prepared him for his specialized
assignments at Eastern. Raised in Independence, the headquarters for the Los
Angeles -Owens Valley Aqueduct, he became interested in water issues during his
high school years. He studied engineering at UCLA and graduated from the
University of Southern California.
His engineering career began in 1934 on surveys and construction of the
Colorado River Aqueduct. His career soon look him to the Los Angeles Department
of Water and Power, on construction of that agency's Mono Basin extension of the
Doyle F. Boen/EMWD Representative to MWD Board
Owens Valley Aqueduct system, and later on, the design of the city's local distribution
system.
In 1946, he became the first City Manager and City Engineer for the City of
Corona, where he served for five years before joining Eastern In the early 1950s,
Boen became affiliated with the National Water Resources Association (NWRA)
Through its Small Projects committee from its inception in 1953, he was instrumental
as Chairman in developing federal legislation that funded more than 200 water
projects in the Western States worth more than $2 billion. Within Eastern's area
alone, projects valued at $70 million have been built under these programs.
Boen has long been recognized by his peers. From the Institute for the
Advancement of Engineering, he received the Outstanding Engineers Merit Award in
1974. NWRA presented him with its President's Award in 1974 and 1985, and their
Distinguished Service Award in 1992. From the U.S. Bureau of Reclamation, Boen
was also presented with its Citizen's Award not once, but twice.
He and his wife, Belva, live in Hemet. They have three children and five
grandchildren
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boen. bia
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11" 0-OD • 1,... 1AVI •
Doyle F. Boen
La Vista Humanitarian Award/7994
_
A native Californian raised in the Owens Valley, Doyle's career reads like a text on
the history of water development in California. After studying civil engineering at UCLA,
he began to work in 1934 on surveys and construction of the Colorado River Aqueduct
with The Metropolitan Water District of Southern California. In 1936 he was attracted to
the Los Angeles Department of Water and Power as an engineer at the start of
construction of a new major water project in the High Sierras, the Mono Basin Extension
of the Los Angeles Aqueduct. Following its completion, Doyle relocated to Los Angeles
°'ring World War II where he shared in the design of DWP's water distribution system
.d completed his engineering degree at USC.
In 1946, when the City of Corona was considering forming a Municipal Water
System, Doyle was invited to serve as the city's first City Manager/City Engineer. In
1951, the Eastern Municipal Water District's Board of Directors invited him to be their
first General Manager/Chief Engineer. With the approval of this Board, Doyle was
responsible for attracting a small staff, for developing engineering and financing plans,
and for construction of a District -wide water supply system. He "activated" the policies
and procedures that continue today.
Realizing that local financing was limited, Doyle saw the need for federal financial
assistance and joined the National Water Resources Association. This led to his
appointment as Chairman of the newly formed Small Projects Committee, and the
•'sequent drafting and passage of the Small Reclamation Projects Act by Congress.
iugh this federal legislation, more than 200 water projects in the Western states have
been built worth more than $2 billion. Within Eastern's area alone, federal projects
valued at $76 million have been built to date.
Retiring in 1981 as General Manager after three decades, Doyle was appointed the
next year to succeed the late Irwin Farrar to represent Eastern on the Board of Directors
of MWD. In his 13th year, he has held many leadership positions on MWD's committees
and subcommittees, including 5 years as Chairman of the Engineering and Operations
Committee.
Doyle's leadership has been recognized widely by such organizations as the
Institute for the Advancement of Engineering (Outstanding Engineer's Merit Award,
1974), the U.S. Department of the Interior, Bureau of Reclamation (Citizen Award, 1979
& 1992), National Water Resources Association (President's Award, 1974 & 1985,
Distinguished Service Award, 1992), the American Society of Civil Engineers, Los
Angeles Section (Engineer of the Year, 1980), Charter Member and Past President of both
the California Water Resources Association and the Southern California Water
Conference.
During construction of the Colorado River Aqueduct in 1935, Doyle met Belva
Small, whose family owned and operated an early "supermarket" in Perris. They were
r�ri 'ed in 1937 and have been residents in the San Jacinto Valley since 1951. They
ha three children and five grandchildren, who share her time when she's not active as
unofficial public relations consultant to Doyle.
Iav,atal dlb
News from
Eastern. Municipal Water District
d WATER SERVICE d WASTEWATER TREATMENT d RECLAIMED WATER
Community Involvement Department
Phone Numbers: (909) 925-7676, ext. 4226 • FAX (909) 929-0257
October 31, 1995
BOEN EARNS LIFETIME ACHIEVEMENT
FOR CAREER LEADERSHIP
Doyle F. Boen was e3ingled out by the Valley Group Oct. 27
for ins 1995 Li.f.et...me Achievement Award. He :a a former Eastern
Municipal Water District general manager and representative on
the board of directors of The Metropolitan Rater District of
Southern California (MWD).
The announcement was made by John Seymour, master of
ceremonies at the Valley Group's seven..h annual Award; for
Excellence presentation dinner at the Mission Inn in. Riverside.
Seymour is chief executive officer, Southern Ca..if: rnia Housing
Development Corp. and former. California and J.S. senator.
The Valley Group represents a few dozen ccmmun:.ty leaders
who are dedicated to achieving regional econzimic oresperity and
improving the quality of life within the Inland Empire.
Among his accomplishments, Mr. Boen, a founding member of
the National Water Resources Association, was instrumental as
chairman of its Small Projects committee in eve . opi: q Cd r l
legislation that funded more than 200 water orc!jecns in the
Western States worth more than $2 billion. Within E.MWD's area
Mail: P.O. Box 8300 • Main Office: 2045 S. San Jacinto Avenue • San Jacinto. California 92581 •8300
Boen honored by The valley Group/Page 2
alone, projects valued at $76 million have been built.
Soen's water industry oareer extends more than 60 years,
first during construction of the Colorado River Aqueduct for MWD,
then as an engineer on the Mono Basin extension project for the
Los Angeles Department of Water and Power.
He was picked in 1951 by then newly formed Eastern Municipal
Water District to become its first general manager/chief
engineer, a position he held for 30 years. He was instrumental in
developing engineering and financial plans and construction water
supply and distribution systems.
Later, it became evident the District must also provide
sewer service. Five regional facilities have been built so far
and have a capacity to reclaim some 47 million gallons a day. The
EMWD service area today covers 555 square miles --larger than the
city of Los Angeles. Its population tops 400,000.
Boen went on to represent EMWD on the board of directors of
MWD from 1981 until his retirement in 1994. The award recipient
lives in Hemet with his wife, Helve.
###
C
IVc CORP
TEL NO '09 929 1911 Nov 16,95 14:16 P.O1
November 16, 1995
lb: Laurie Mora, Deputy City Clerk
Re: Agenda Item -Naming of Bedside Reservoir
I could not find the newspaper article but have taped to several people that remember the
article. The categories were:
1. Water Knowledge
2. Water Service
3. Metropolitan Employee or Din
4. Community Leader
5. Geographic or Geological Area
6. Native American
I have also sent a suggestion that will be presented at the Facility Naming Ad Hoc
Committee meeting on 11/21/95. That suggestioh is that the West dam be named the
Domenigoni Dam, the East side dam be named Sear] Dam and the North saddle dam be
named the Garbani Dam. This would keep the historical family names in the project.
With everyone helping we can keep the naming of this major facility in the San Jacinto
Valley.
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STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Pamela L. Lee, Deputy City Clerk
Via: Pamela S. Easter, City Manager
DATE: November 21, 1995
SUBJECT: Minutes - Regular Meeting of October 3, 1995
RECOMMENDATION: Approve the Minutes of the Regular Meeting of October 3,
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
OCTOBER 3, 1995
1.0 CALL TO ORDER
The Regular Meeting of the San Jacinto City Council was called to order at 7:40
P.M. by Mayor Solorio at the Community Center, 625 South Pico, San Jacinto,
California.
Present: Councilmembers Leahy, Oaks, Williams and Mayor Solorio
Absent: One Council Seat Vacant
Prayer of Invocation by Rev. Cooper
Pledge of Allegiance was led by Mayor Solorio
2.0 SPECIAL PRESENTATIONS
2.1 Employee of the 3rd Quarter of 1995
Mayor Solorio made a presentation to Deputy City Clerk Laurie Mora.
3.0 PUBLIC COMMENTS
Jack Warnecke of the Museum Association reported on the status of the
Estudillo Mansion site. Advised a new caretaker had been hired to resolve some
of the prior problems. Urged Council to resolve the lack of a Museum Board so
some decisions could be made.
City Manager Easter advised the various board, commissions and committee
vacancies would be on the agenda for the meeting of October 17, 1995.
4.0 REDEVELOPMENT AGENCY
None
5.0 CONSENT CALENDAR - CITY COUNCIUREDEVELOPMENT AGENCY
Council discussion on matters such as item 5.3 coming to Council.
Comments:
1
October 3, 1995
1. Feeling that Council was just rubber stamping them, and no need to waste
staff time to prepare reports and bring the matter to Council.
2. Feeling it was important, if only from an information stand point, that
Council be informed on what the City was lending their name to.
City Attorney Cox advised that staff had brought a resolution to Council to
authorize the City Attorney that decision authority, and it was Council direction to
bring each
A MOTION was made by Councilmember Leahy, seconded by Councilmember
Williams, to approve the consent calendar as presented. Motion carried on a 4-0
vote with one Council seat vacant.
5.1 Warrant Register
Approved warrant numbers 41380 through 41505, dated September 30,
1995 in the amount of $344,298.29 and Payroll check numbers 5934
through 6016, dated September 1, 1995.
5.2 Resolution Consenting to the addition of the City of Palm Springs to the
Riverside County Recycling Market Development Zone (RMDZ)
Adopted Resolution No. 95-49 agreeing to the expansion of the Riverside
County Recycling Market Development Zone.
RESOLUTION NO. 95-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
AGREEING TO THE EXPANSION OF THE RIVERSIDE COUNTY RECYCLING
MARKET DEVELOPMENT ZONE
5.3 Requests for Amicus Support - Legal Advocacy Committee. League of
California Cities (Warren v. City of Carlsbad & BIA of Northern CA v. City
of Livermore
Authorized the City's participation in the Amicus briefs to be filed in the
appellate actions referenced above, at no cost to the City.
6.0 PUBLIC HEARINGS
6.1 UNADVERTISED - Ordinance Amending Ordinance 975 and 976
Eliminating the Requirement for Fire Sprinklers in Single Family
Residences Located within Approximately One and One -Half Mile Radius
from a Fire Station - ( continued from 9/5/95)
2
October 3, 1995
A MOTION was made by Councilmember Oaks, seconded by
Councilmember Williams, to continue the Public Hearing to the Regular
Meeting of October 17, 1995, allowing staff more time to review in detail
the policy to use other CDF stations. Motion carried on a 4-0 vote with
one Council seat vacant.
At the hour of 7:55 P.M. Convened the Redevelopment Agency in joint session with the
City Council for the consideration of the following item:
7.0 CITY DEPARTMENTS
7.1.1 Adoption of 1995-96 Redevelopment Agency and City Budgets
City Manager Easter advised that the staff report reflected the changes
requested by Council in the prior session and reaffirmed the investment
policy approved several years ago.
Councilmember Oaks indicated he would like to see the salary survey
completed prior to approving the budget. Stated he had asked a long
time ago to see a 5-10% reduction in top salaries and wanted to know if it
was appropriate for the size and budget of the City.
Councilmember Williams indicated he had agreed to a survey, and
believed a time limit of 45 days had been set. If Council desired to
change that fine, but saw no reason not to move forward on the budget.
Mr. Oaks indicated he was hesitant to approve the budget without specific
number, it would be like a shot in the dark.
Mayor Solorio indicated concern over the analysis and asking for mid and
upper management, and questioned what affect that would have on
approving the budget, which could be amended later?
Mr. Oaks indicated it had been so many months already, what was the
point in rushing, he would like to see the survey first.
October 3, 1995
Mr. Williams noted the investment policy, Page 2, Section G, that the
public trust was taken at face value and yet Council did not find
themselves in the drivers seat and responsible for City funds. He was not
comfortable giving the Treasurer, and especially with the lack of a
Treasurer, making that decision without the advise of Council. He would
like the opinion of the City Attorney.
City Attorney Cox advised he would have to research the matter, but
noted that Council could revoke it at any time.
Councilmember Leahy felt that it was a mute issue, since after about 60
days, the City would not have a Treasurer.
Mr. Williams indicated that was what heightened his concern even more,
and would like staff to follow up.
Mr. Cox advised that if the ballot measure passed, the Treasurer would be
appointed by the Council, and by appointing, would be extending some of
that authority to the Treasurer.
A MOTION was made by Councilmember Williams, seconded by Mayor
Solorio, acting in their capacity as the Redevelopment Agency adopt
Resolution No. RDA adopting the Redevelopment Agency Budget for
the Fiscal Year commencing July 1, 1995 and ending June 30, 1996;
acting in the capacity of the City Council adopt Resolution No. 95-
adopting the Budget for the Fiscal Year commencing July 1, 1995 and
ending June 30, 1996 as amended by Council on September 26, 1995.
Motion failed on a 2-2 vote with Councilmembers Leahy and Oaks
dissenting and one Council seat vacant.
A MOTION was made by Councilmember Williams, seconded by
Councilmember Oaks, to defer budget adoption to the first meeting of
January, 1996, to allow the new Council the responsibility. Motion carried
on a 4-0 vote with one Council seat vacant.
7.1.2 Proposed San Jacinto Chamber of Commerce Agreement
City Manager Easter advised the contract was amended with the new
Exhibit A on the last page of the handout.
Mayor Solorio thought the matter was premature with no budget adopted.
4
October 3, 1995
Finance Director Herrera inquired if Council wished some language for a
motion to give authority to spend at the previous year rate until the budget
was brought back in January, because there was not authority for
spending through December, 31, 1995?
Mr. Williams indicated he thought Council had granted some authority
back in July, 1995..
Ms. Easter suggested that staff review Council action, determine if there
were any questions, and come back to Council for direction on how to
proceed until January, 1996.
Mr. Williams saw both the budget adoption and the Chamber agreement
to be very much connected. Although he would like to see the matter
move forward, Council voted 4-0 to defer the budget, they should do
likewise on the Chamber contract.
Councilmember Leahy asked that staff determine the ramifications of
approving the contract before budget adoption and report back at the next
meeting. Further, would like the opportunity to ask questions and discuss
the matter.
Mayor Solorio and Councilmember Williams felt that would be premature.
Mr. Williams stated if Council wanted to leave the budget to the new
Council, it was mute to discuss the matter further. Candidates could read
the staff report so as to be familiar and prepared to address when they
take office.
At the hour of 8:10 P.M. Adjourned the Redevelopment Agency and continued acting in
the capacity as the City Council for the remainder of the agenda.
7.2 Utility Billing System and Rates
Finance Director Herrera made a presentation as contained in the staff
report on file with the City Clerk.
Councilmember Leahy inquired if the computer problems that an expert in
the past was to have resolved, had been resolved?
October 3, 1995
City Manager Easter advised that Council had given direction, because of
the situation with the Information Planner position, to contract with
someone to come in and do ongoing maintenance and handle
emergencies, not to review and make recommendations on upgrading the
system.
Councilmember Oaks commended staff on the excellent report, adding
that the City should follow through on all of the suggestions.
City Manager Easter, advised, in response to Council inquiry, that staff
would come back with a cost analysis of the man hours that would be
saved.
Mr. Herrera pointed out it was more than just a matter of the cost
effectiveness of going after delinquencies, but to also have an aggressive
policy on collections, but cost effectiveness would be taken in to account.
The desire would be to have no subsidies for delinquencies. In response
to Council inquiry, would provide a break down, per utility.
City Attorney Cox advised that those uncollected for water were lost
income to the water fund, by int he City to City agreement, it allowed for a
1-2% delinquency, so if it were larger, it would result in increased fees to
the customers. Basically, the city was obligated to pay no matter what,
and would have to raise rates. In responding to inquiries on legislation
allowing certain utilities to be charged to the land owners, advised the
current government code permitted the City to require landowners to
guarantee payment for renters. However, there was current legislation
that may change that and he would have to review it.
COUNCIL CONSENSUS they were in agreement with the report and the
time line outlined.
8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS
8.1 Appointments to Public Finance Citizens' Committee
City Attorney Cox advised of a recent Supreme Court decision, Santa
Clara County v. Guardino, on a case to invaidate special taxes imposed.
It was a surprise when it oveturned case law of the past five years, and
reinstated the provisions of Proposition 62 which applied to general taxes.
A general or utility tax can no longer be adopted by Council action alone.
The City Council would have to approve an ordinance on a general tax
and then submit it for a majority vote.
6
October 3, 1995
Mr. Cox, in response to Council, advised that a special tax still required a
2/3 vote.
City Manager Easter requested direction from Council.
Mayor Solorio stated he felt like they were taking one step forward and
three back. The City had tried to seek broad representation.
Councilmember Oaks stated it did not appear that a March, 1996 election
would give the committee much time to resolve and educate the public,
suggested a later election date.
Councilmember Williams supported letting the committee look at the
possible time lines and make a recommendation.
Mr. Oaks suggested the committee might consider a general tax in March,
1996, and a special tax for November.
Mr. Williams preferred to allow more flexibility for the committee to decide.
Ms. Easter clarified that Council wished to allow the committee the
flexibility to work through 1996 and allow them the whole range of options
and to come back with a recommendation, whatever it took?
Debbie Cornett voiced displeasure at the recommendation of the
subcommittee, because some applicants, who met the application
deadline were not considered for appointment, because they were
candidates for City Council. Some of those not considered could bring
critical expertise to the committee, attended budget meetings and had
done their homework on the issue. Felt it was shortsighted of Council to
eliminate her from consideration on serving on a committee that would
make decisions affecting her and her family.
Mr. Williams stated that when it was first suggested by some Council to
not have Council candidates on the committee he was neutral on the
issue. As the committee took shape he came to agree they needed more
broad participation from the community. The committee meetings would
be open to the public, and everyone would be free to provide their input.
However, the committee would need to focus on their specific task without
distraction on other issues. The recommendation was a good mix of
people from the community.
7
October 3, 1995
Mr. Oaks felt some concern that candidates may end up advocating
certain things to Council, which they are a part of. Council was not trying
to specifically exclude, but also did not want any conflicts at the same
time.
Mayor Solorio indicated the primary criteria was to get input from other
elements of the community, by allowing someone else, rather than a
Council candidate. The committee was open to anyone, and all members
of the public could provide their input.
Ms. Leahy stated that she thought Ms. Cornett was referring to the last
sentence of the staff report, which stated candidates had not been
considered. Indicated that perhaps that should not have been included.
Mayor Solorio indicated the subcommittee was trying to be as candid and
honest.
A MOTION was made by Councilmember Williams, seconded by
Councilmember Oaks, to appoint the following individuals to the Ad Hoc
Public Safety Financing Committee
Post 1989 Single Family Homeowners, 2 Reside in CFD #1. 2 & 3
Non-CFD Ken Shaw
CFD #1
CFD #2
CFD #3
Mobile Home Lot Renter (One)
Patti Drusky
Maxine Hayden
Ken Brass
Kathy Meadows
Victor Lorch
Les Redding
Rosemary Allen
Chamber of Commerce Members (Two)
Bob Duistermars
George Evans
School Representative
Charles Webb
Ms. Easter inquired about the use of a facilitator?
October 3, 1995
Mr. Williams stated one component would be to identify a facilitator to
move the process along, suggesting rather than staff, someone from
outside with specialized knowledge in Public Safety. If someone not
willing to donate the time, staff could come back to Council for funding.
Suggested some retired individuals from outside of San Jacinto.
Mr. Oaks suggested allowing the committee the freedom to decide on a
facilitator themselves, and Council simply help them do what they have to
do.
Mr. Williams suggested, whoever it would be, that someone was needed
and coordinate the committee due to the lack of staff time and the stacks
of other issues, and the committee needed to move forward quickly.
8.2 Discussion of Various Transportation Related Issues
Public Works Director Evans made a presentation as contained in the
staff report on file with the City Clerk.
Councilm ember Oaks felt it was unfortunate that issues were combined
because in each instance another agency would not be happy with the
decision. He would prefer to see more logic behind the routing of the rail
system. He disagreed with the RCTC priorities for Measure A funds and
did not want to take action on that issue.
Councilmember Williams pointed out the RCTC had already purchased
rights, for the San Jacinto Branch Rail Line but agreed the issues about
the future for San Jacinto and Hemet needed to come out, but RCTC was
in the drivers seat.
Mr. Oaks noted that an alternative to the routing of the rail line through
Hemet and San Jacinto up to Seventh Street, was not an issue to go into
at the present time.
Mr. Evans noted that as it was explained to him. The Ramona
Expressway Rail Line would be an additional route, along Ramona
Expressway for commuters, south through Hemet and toward Perris and
Moreno Valley. It would be more for visitors than San Jacinto commuters.
Mr. Oaks did not think there would be two routes where they already had
right of way, it was wishful thinking and did not make sense.
9
October 3, 1995
Mr. Williams agreed the likelihood was slim to none. Appreciated staff
looking at alternatives. Felt the use of Measure A to support the activities
was highly doubtful.
Mr. Evans, in response to Council, advised if San Jacinto wanted to
promote rail over highway, this would be the way to call attention to the
position.
Mayor Solorio advised there were no funds for highways, and Board of
Supervisors had been arguing that Measure A funds were not meant to
address these problems.
Ms. Leahy inquired if it would save staff time to not be involved?
Mr. Evans advised that in Orange County, there were rail lines going
every where, with some only a few miles apart. It would depend on how
the City saw their future regarding commuting to industrial or remaining a
bedroom community. It would not be easy and would be reluctant to just
dismiss the idea. Felt a rail along the Ramona Expressway made more
sense, than along an old freight line wandering through the valley.
Senior Planner Hults advised that his understanding was the right of way
along the expressway was already in place. The cost to provide new rails
was less than replacement of the outdated old rails. The expressway
route would serve industrial and the other would only serve a small
portion of the industrial.
Mr. Williams appreciated the ambition and did not have a problem with
moving forward, but would not spend a lot of staff time on the matter.
Needed to keep discussing ideas and keep the issue on the table, but to
not let it distract from the main focus.
8.2.1 Approval of Joint Resolution of the City Councils of the City of
Hemet and the City of San Jacinto. California. in Support of
Enhancing Transportation Corridors into the San Jacinto Valley
Resolution to be amended, Page 2, Section B, typo next to the last
and last sentence, the word "alignment".
10
October 3, 1995
A MOTION was made by Councilmember Oaks, seconded by
Councilmember Leahy, to adopt Resolution No. 95-50 supporting
the enhancement of Transportation Corridors into the San Jacinto
Valley. Motion carried on a 4-0 vote with one Council seat vacant.
RESOLUTION NO. 95-50
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITY OF HEMET AND
THE CITY OF SAN JACINTO, CALIFORNIA, IN SUPPORT OF ENHANCING
TRANSPORTATION CORRIDORS INTO THE SAN JACINTO VALLEY
8.2.2 Discussion of Rail to the San Jacinto Valley
A MOTION was made by Councilmember Williams, seconded by
Councilmember Leahy, to allow staff to meet with Cities of Perris,
Moreno Valley and Riverside County Transportation Commission
regarding alternate rail routes into the Valley. Motion carried on a
3-1 vote with Councilmember Oaks dissenting and one Council
seat vacant.
8.2.3 Measure "A" Project Sequencing
A MOTION was made by Councilmember Williams, seconded by
Councilm ember Oaks, to adopt the following projects as the
highest priority transportation improvements in the San Jacinto
area of Western Riverside County. Motion carried on a 4-0 vote
with one Council seat vacant.
1. Completion of the Ramona Expressway between Seventh
Street and Cedar Avenue.
2. Construction of Warren/Sanderson urban arterial between
State Route 79 at the Sanderson Avenue Bridge and State
Route 74 at Warren Road.
3. Construction of the Lake Park Drive Bridge.
4. Construction of the Bridges at Seventh and Pine, at Lyon
Avenue south of Cottonwood, and at Cottonwood west of
Lyon.
At the hour of 9:15 P.M. Council recessed
At the hour ofq.xk P.M. Council reconvened in open session with all members present,
except one Council seat vacant, for closed session pursuant to the following:
October 3, 1995
9.0 CLOSED SESSION
9.1 Conference with Labor Negotiator pursuant to Government Code Section
54957.6
Negotiator: Richard Kreisler, Pam Easter, Rod Butler, John Herrera
Regarding: San Jacinto Police Officers' Association, San Jacinto
Firefighters' Association, Public Employees of Riverside County (PERC)
and Management/Confidential
9.2 Conference with Legal Counsel - Existing Litigation pursuant to
Government Code Section 54956.8. Katz vs. City of San Jacinto
9.3 Conference with Legal Counsel - Existing Litigation pursuant to
Government Code Section 54956.8, Roias vs. City of San Jacinto
9.4 Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8
Location: 269 & 271 Brown St.
Negotiating Parties: Sharon Chambers and City of San Jacinto
Under Negotiation: Price and terms.
At the hour of 9:41P.M. Council reconvened in open session, with all members present,
except one Council seat vacant, and announced no reportable action being taken.
10.0 ADJOURNMENT
There being no further business to conduct, the meeting was adjourned. The
hour of adjournment being 9:42 P.M.
Submitted by
Bob Wilson, City Clerk
Deputy City Clerk
12
Approved by
David Solorio, Mayor
STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Pamela L. Lee, Deputy City Clerk
Via: Pamela S. Easter, City Manager
DATE: November 21, 1995
SUBJECT: Minutes - Regular Meeting of October 17, 1995
RECOMMENDATION: Approve the Minutes of the Regular Meeting of October 17.
1995, as presented.
MINUTES
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS
THE REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY AND
THE SAN JACINTO FINANCING AUTHORITY
OCTOBER 17, 1995
1.0 CALL TO ORDER
The Regular Meeting of the San Jacinto City Council was called to order at 7:40
P.M. by Mayor Solorio in the Community Center, 625 South Pico, San Jacinto,
California.
Prayer of Invocation by Pastor Larry Gorell
Pledge of Allegiance was led by Mayor Solorio
2.0 SPECIAL PRESENTATIONS
None
3.0 PUBLIC COMMENTS
Patti Drusky, Chamber of Commerce, requested Council add the issue of the
Chamber Carnival to the agenda, and request permission to use City property on
October 26-29, 1995. Letter from the Chamber handed out and submitted for
the record. In response to Council inquiry, advise the Metropolitan Theaters was
using the event for promotion for the area, as well as sponsoring the event.
Dorothy Baggett voiced opposition to placement of the carnival across from the
American Village tract. It would make access to the tract difficult, result in a
traffic hazard, leave debris on their streets, and add additional noise in the
neighborhood.
Councilmember Leahy suggested agendizing the issue before discussion.
Joan Good, also an American Village resident, advised she was only made
aware of the carnival that day. She inquired how many other sites were looked
at, and were any other sites across from homes of Chamber members? Noted
the tract was for retirees over 55 years of age and the main selling point was that
it would be located across from the future home of City offices. Instead they got
a commercial center, potato field and skating rink. She suggested the carnival
be held at Esplanade and Hewitt, on the vacant corner at Jordan and Main, or
1
October 17, 1995
across from the City offices. Felt their experience from such events was
vandalism and petty theft. Did not understand allowing the event to
impact the newest tax production site of the City. It was not an event that
the residents were likely to participate in and the other sites that would not
result in the amount of damage the proposed location would bring.
Questioned if Police protection would be provided, which the City had
been promoting the inability to fund. She had seen flyers for a recall of
Council, and if the activity were approved at the proposed site, she would
commend and urge the recall success.
Ms. Drusky advised that the previously used site was not available.
A MOTION was made by Councilmember Oaks, seconded by Councilmember
Leahy, to add the matter of the Chamber Carnival to the agenda as item 7.7,
since the matter had come up after the agenda was posted, and the issue could
not wait for the next Council meeting in November. Motion carried on a 4-0 vote
with one Council seat vacant.
7.7 Chamber of Commerce Carnival - October 26-29. 1995
Location: Vacant Lot Esplanade Avenue
Councilmember Oaks requested the Chamber to respond to the public's
questions.
Ms. Drusky advised there were few site which could accommodate the
planned activity. After numerous attempts to contact the owner of the
previously used site, and no response, the new site was found. Metro
Theater was excited about a joint venture such as the carnival. The event
was planned for their parking lot and it was not until the day before that it
was realized the dirt portion to be used for one of the rides, was City
property. The Chamber had talked to the Police Chief and he did not feel
there was a need for additional officers or traffic control. The Chamber
also talked to the American Village Board President regarding concerns
on parking and debris and the carnival people have assured they will
clean up all debris, on and off site, and that signs would be posted
directing carnival attendees to the proper parking. In response to Council
inquiry, explained that one of the rides needed spikes to hold it down and
Metro did not want them driven into their new asphalt parking lot, and
would be located approximately in the middle of the lot. The carnival
hours would be open at the latest, 11 PM on Saturday, while the other
nights it would close at 9 PM. Some of the other sites were not adequate
2
October 17, 1995
and were too costly to prepare for the carnival. The carnival would have
their own security and the Police Chief did not feel a need for additional
security. In spite of many attempts, the owner of the prior location, could
not be reached to obtain permission for use.
Ms. Drusky, in response to public inquiries, advised that the carnival
would use as little of the dirt portion as possible. The carnival was already
scheduled and it could not be changed to a different date.
Ms. Good inquired if Metro was locally owned and a contributor to San
Jacinto, or just another place for citizens to spend their money. It seemed
to her, if the other property owner was reluctant to respond to the
Chamber, there must have been some reason. Inquired why the
Chamber waited until the last minute and presume they would grant use
of the property. The proposal seemed to be an activity better suited to
types and ages of individuals in another area. They still had not heard
about adequate protection for the tract.
Ms. Drusky stated it was not their intent to cause any problem, nor any
problems to American Village. In response to Council inquiries, advised
she had not heard reports of problems in the past. The carnival company
was used all over the state and had heard of no problems with them or
their employees.
Chief Holmes advised he was not aware of past problems, but his
experience with carnivals showed arrests would increase, particularly with
carnival types. Just as a matter of business at other locations, they
always find substantial warrants from other jurisdictions, although it was
not his experience here, and he could not respond to the issue of
increased crimes.
Ms. Good, responding to Council, advised her statistics came from former
residents and she assumed they were correct, 8-10 arrests during the
carnival, which was just as solid as the Chiefs experience.
Chief Holmes, in response to Council advised, if extra security were
needed, there would be some reserves available if the Chamber requests.
City Manager Easter suggested Council hear from the Planning
Department regarding the requirements of the event.
October 17, 1995
Senior Planner Hults advised of the City procedure for a temporary use
permit and the various requirements and inspections, as well as, the need
to indemnify and hold the City harmless of liability in the amount of $1
million. Staff reviewed the plan and had no significant concerns on traffic,
but suggested restricting turning left on Esplanade.
Mr. Hults, in response to Council inquiry, advised that the Chamber had
not made application yet.
General discussion on the availability of City policy information and why
application had not been made. Chamber clarified that until a site was
determined and approved they could not make application. However,
application would be made first thing the next day if Council approved the
proposal.
Ms. Easter advised the Chamber had always been good about making
application and providing information.
A MOTION was made by Councilmember Oaks, seconded by
Councilmember Leahy to approve the site for the Carnival. Motion carried
on a 3-1 vote with Councilmember Williams dissenting and one Council
seat vacant.
Bob Zambon called attention to the graffiti that occurred the prior evening
in American Village. He was disturbed by the under staffing of police and
urged more crews to clean up the graffiti.
Staff advised there had been a tremendous amount of graffiti but some
had already been taken care of, but a strong effort was being made to
remove graffiti within 24-48 hours. Staff would check to see that the
American Village site was reported.
City Manager Easter introduced the new Utility Supervisor, Mark Grajeda.
At the hour of 8:15 P.M. convened the Redevelopment Agency in joint session with the
City Council for the consideration of the following item:
4.0 REDEVELOPMENT AGENCY
4.1 Consideration of Resolution Commencing Redevelopment Plan
Amendment #3. Pursuant to Settlement Agreement Related to
Amendment #1
4
October 17, 1995
Senior Planner Hults made a presentation as contained in the staff report
on file with the City Clerk. Clarified for Council the location of the new
area, the costs involved to date, and the remaining funding availability,
after legal costs.
A MOTION was made by Agency Member Oaks, seconded by Agency
Member Williams, to adopt Resolution No. RDA 95-4 authorizing the
commencement of the Plan Amendment Process for Amendment No. 3 to
the San Jacinto Redevelopment Plan; authorizing the Transmittal of a
Map, Boundary Description, and a Statement to Taxing Officials and
Agencies; and Authorizing Payment of a Filing Fee to the State Board of
Equalization. Motion carried on a 3-0-1 vote with Agency Member Leahy
abstaining due to a conflict of interest, and one Agency Member seat
vacant.
RESOLUTION NO. RDA 95-4
A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY
AUTHORIZING COMMENCEMENT OF THE PLAN AMENDMENT PROCESS FOR
AMENDMENT NO. 3 TO THE SAN JACINTO REDEVELOPMENT PLAN;
AUTHORIZING THE TRANSMITTAL OF A MAP, BOUNDARY DESCRIPTION, AND
A STATEMENT TO TAXING OFFICIALS AND AGENCIES; AND AUTHORIZING
PAYMENT OF A FILING FEE TO THE STATE BOARD OF EQUALIZATION
5.0 CONSENT CALENDAR - CITY COUNCIUREDEVELOPMENT AGENCY
A MOTION was made by Councilmember Leahy, seconded by Councilmember
Oaks, to approve the consent calendar as presented, with the addition as noted
on item 5.3. Motion carried on a 4-0 vote with one Council seat vacant.
5.1 Warrant Register
Approved warrant numbers 41506 through 41585, dated October 15,
1995 in the amount of $199,287.95 and Payroll check numbers 6017
through 6103 dated September 15, 1995.
5.2 Claim - Napolitano, John - File #JS 95-10
Rejected the claim as presented, pursuant to Government Code Section
913.
5.3 Resolution Designating City's Agent for Recovery of State and Federal
Grants from Winter Storms of 1995 - FEMA - 1044
5
October 17, 1995
Adopted Resolution No. 95-51 designating the City's Agents for the
Federal and State disaster recovery funds from the Winter Storms
of 1995.
RESOLUTION NO. 95-51
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
Amend Resolution to include the Finance Director as an additional named
agent.
6.0 PUBLIC HEARINGS
6.1 UNADVERTISED - Ordinance Amending Ordinance 975 and 976
Eliminating the Requirement for Fire Sprinklers in Single Family
Residences Located within Approximately One and One -Half Mile Radius
from a Fire Station - (continued from 10/3/95)
Fire Marshall Wilson made a presentation as contained in the staff report
on file with the City Clerk.
Councilmember Leahy related she was around when the ordinance was
first adopted, when the economy was better. A lot of research went into
the project and it was a way to provide safety to the citizens, and in ideal
times it would save lives. However, in the current economy it has been
difficult to justify the cost and the proposal was a means of compromising
that would suffice, based on the various factors related to manpower and
response time. Her concern, however, was with the response time,
because ideally, all calls would not necessarily be responded too from the
1.5 mile distance, but the unit may be across town and exceed that ideal
distance. In fairness to the developers, felt that all requirements for
sprinklers be withdrawn to give them a level playing field. She had also
been approached to eliminate the same requirement for commercial
development.
Mr. Wilson explained that under the contract with the County, they would
supply services at one station, and would impact other stations. It was felt
the sprinkler requirement would save the city money in years to come, but
putting that aside, the proposal was a good place to start and was also a
good compromise. The county stations response time was about three
minutes, and they would back up the city station and there would be some
6
October 17, 1995
overlap in that area. The city also had automatic mutual aid which would
mean a quicker response for the citizens.
Councilmember Williams pointed out that the response time at the time
the ordinance was originally enacted, was the same and nothing had
changed. Felt that the 1.5 mile radius was a sensible compromise and
still ensured long term safety.
Councilmember Oaks felt another advantage to the 1.5 mile radius, would
result in encouragement to in fill in that area instead of outside of it.
Mr. Wilson, in response to Council inquiry, advised that under the code,
smoke alarms were required in every bedroom and the hall way, but did
nothing to put out the fire, as sprinklers did. If the Fire Department were a
larger department, there might be more questions on the issue of
requiring sprinklers.
Mayor Solorio opened the public hearing.
Ken Brass indicated he was sure Council had considered all the potential
effects of the ordinance amendment, and that later there would be a need
for a higher level of fire fighting forces. When there was only one engine,
the sprinklers would result in a quicker release of the engine and the
sprinklers would put out the fire before there was a larger loss of life and
property. Felt the higher fire flow in the hydrants would result in a higher
cost for the system, and without sprinklers, flows to the homes could be
reduced. Quoted information for the California Fire Service, noting the
increased reduction of loss of life from fires from the use of sprinklers.
Felt the ordinance was one of the best things the City had done and urged
Council not to compromise.
There being no other speakers wishing to present testimony, Mayor
Solorio closed the public hearing.
Ms. Leahy stated she agreed the issue was saving lives when it was
adopted originally, but the reason for a compromise was due to the cost
for development, making it difficult for them to compete on the market.
She did feel that something was better than nothing.
October 17, 1995
A MOTION was made by Councilmember Williams, seconded by Councilmember
Oaks, to waive the reading in full and read by title only and introduce Ordinance
No. 1014 amending Ordinance 975 and Ordinance 976 related to fire sprinklers
in single family residences in designated areas of the City. Motion carried on a
3-1 vote with Councilmember Leahy dissenting and one Council seat vacant.
ORDINANCE NO. 1014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, AMENDING ORDINANCE 975 AND ORDINANCE 976 PERTAINING
TO THE INSTALLATION OF FIRE SPRINKLERS IN ALL OCCUPANCIES OUTSIDE
OF A DESIGNATED AREA
6.2 ADVERTISED - Zoning Ordinance Amendment 2-95
Senior Planner Hults made a presentation as contained in the staff report
on file with the City Clerk. Suggested the following amendment to Exhibit
"A", Page 2, Section D, to add number 2. In no case shall densities
increase in residential in the overall level of the general plan maximum
densities, as presented in 1 E of this article.
Mayor Solorio opened the public hearing.
There being no speakers wishing to present testimony, Mayor Solorio
closed the public hearing.
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Oaks, to Waive the reading in full and read by title only
and introduce Ordinance No. 1015 approving Zoning Ordinance
Amendment Amending Ordinance 340, as amended previously by staff.
Motion carried on a 4-0 vote.
ORDINANCE NO. 1015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA APPROVING ZONING ORDINANCE AMENDMENT AMENDING
ORDINANCE 340 OF THE CITY OF SAN JACINTO
8
October 17, 1995
7.0 CITY DEPARTMENTS
7.1 1995-96 Fiscal Year Budget Authority
Finance Director Herrera made a presentation as contained in the staff
report on file with the City Clerk.
Councilmember Oaks did not agree with approving all the expenditures on
Page 2 of the staff report. Felt those already in progress were approved
by Council, and those for the future could be brought to Council.
Mr. Herrera itemized the list and advised which were already approved.
Councilmember Leahy inquired if an item could be pulled, and was
advised by staff that would be Council discretion. Ms. Leahy further
stated that Council had postponed adopting the budget to give the new
Council some teeth when they got into office, and they could do that which
they felt met the vision and goals for the coming years. However, rather
than hold off with the day to day operations, just wanted to reserve the
new Council's right to make the critical decisions. She did feel, that the
contract with the Chamber should be considered so they could proceed
with the Visitor Center and show that the Chamber had the City's 110%
support.
City Manager Easter inquired, and was advised by staff, that although
projects may have been approved by Council, staff still needed the fiscal
authority to do the work.
Mr. Herrera pointed out that some items were needed for the daily
operations, citing that the file server would shut down if not fixed, and the
computer upgrades were needed for the utility billing.
Police Chief Holmes advised, in response to Council, that they needed to
purchase a new file server, that the last one had not lasted as many years
as expected.
A MOTION was made by Councilmember Oaks, , seconded by
Councilmember Leahy to approve the following items for funding until a
final budget was approved. Motion was amended to add additional item,
as follows:
October 17, 1995
Underground Tanks $ 30,000
Lake Park Drive 67,000
ARCO Project 80,000
Pavement Rehab. 35,000
Warren Road 745,000
CDBG Budget 599,946
Traffic Signal State/Cottonwood 240,000
Chlorine Sensor 10,000
Underground Transformers 25,000
Superblock 342,148
Skate Express 300,000
Brown/Second 691,400
Third/San Jacinto 452,000
Shaver/Jordan 230,000
Amendment:
Chamber Contract 35,000
Computer Upgrade 35,000
File Server 10,000
Councilmember Williams stated if Council was going to give the new Council the
opportunity to have some teeth in the budget, but then proceed to approve
funding, particularly to the Chamber contract, would not support the opportunity.
Although he was not opposed to the Chamber activities, just that to take such an
action would run counter to the statements and purpose of Council's prior action.
He agreed with the funding for all the projects in process and any emergency
items, but he did not consider the computer upgrade to be an emergency. He
was not sure he could support the proposal as amended, but could support the
original motion and the addition of the file server.
Ms. Leahy urged that Council expedite getting the Visitor Center on line and
showing support for the Chamber. Did not think it was fair to ask the Chamber to
proceed without City support. Felt the amount of the contract was a small
amount to commit to show support, when in past years the City had spent
thousands on economic development with no guarantees. Commended the past
efforts of staff, but in the end felt there was no economic connection with the City
to make things happen. The City needed those with economic ties and the
Chamber could succeed with encouragement and support, both moral and
financial. Finally, if the City were behind the effort it would help the Chamber sell
the project and seek assistance from other agencies.
10
October 17, 1995
Mayor Solorio stated he felt the contract was not clearly defined and that needed
to be addressed.
Mr. Oaks withdrew his motion and suggested the Chamber issue be handled
separately.
A MOTION was made by Councilmember Williams, seconded by Councilmember
Oaks to approve the following items for funding until a final budget was
approved, for those projects already in progress and also the file server. Motion
carried on a 4-0 vote with one Council seat vacant.
Underground Tanks $ 30,000
Lake Park Drive 67,000
ARCO Project 80,000
Pavement Rehab. 35,000
Warren Road 745,000
CDBG Budget 599,946
Traffic Signal State/Cottonwood 240,000
Chlorine Sensor 10,000
Underground Transformers 25,000
Superblock 342,148
Skate Express 300,000
Brown/Second 691,400
Third/San Jacinto 452,000
Shaver/Jordan 230,000
File Server 10,000
Jan Span, representing the Ramona Animal Shelter, voiced concern regarding
public safety and health hazards with reduced animal control. Felt it the City did
not have an active animal control officer, then they needed an active animal
control policy and a contingency plan to pick up the slack. She wanted the City
to know that the County would have to pick up when citizens called if the City did
not, and the cost would be billed to the City, probably resulting in a higher cost.
In response to Council inquiries, advised the County under the laws would be
required to take specific steps to control hazardous and vicious animals, pick up
dead animals, and pick up those animals not licensed. If citizens called, then the
County would be obligated to do so and would probably bill the City 42 cents a
mile and $45.00 per hour for the services, in the long run actually costing the
City more. Cited that animal control was a matter of controlling public safety,
citing that the prior year alone, they picked up 900 animals. She was somewhat
in the dark on the budget issue and was present to lend assistance. While some
11
October 17, 1995
may think they were over -reacting, the County was interested in what would
happen, because they must also make cuts in their budget.
Ms. Leahy stated she was not aware of all the ramifications and felt a decision
should be delayed until Council knew the full picture, especially with the
possibility of additional cost.
Mr. Oaks requested that the City Attorney research the County responsibility on
the animal control issue and provide advise to Council.
Mr. Williams stated the Police Chief had made it clear, it was a simple function
that would be tended to by officers in the field, and it would be a second priority,
just the same as it would normally. Unless it were a vicious animal, staff would
continue to handle.
Ms. Easter advised that some funds were allocated for these issues and the
Police Chief was waiting to see the direction before deciding if a layoff was
inevitable and what outside contract might accomplish.
Ms. Leahy felt that more information should be provided to Ramona Animal
Haven on what was planned.
Ms. Easter advised that staff had already made contact with them and was
awaiting Council decision to determine how to proceed. Advised that previously
staff brought the issue of animal control to Council and did not get direction,
which was being sought at the present time.
Chamber Contract Discussion:
Mr. Oaks noted the original contract was for $35,000 and some areas were
reduced by the subcommittee. He did not want to see a token amount provided
as a show of support, and if not a token amount, the Council might as well vote
no. Preferred to see the full $35,000 to give the Chamber the tools needed to do
the job.
Ms. Leahy pointed out this was an opportunity to give the full $35,000 for the
contract and would show the 100% support by the City. Did not support a token
amount, citing that all the items listed in the original contract were viable and the
Chamber should be given the opportunity to perform, and it would be returned to
the City as beneficial to economic development.
12
October 17, 1995
Mr. Williams pointed out that part of the issue was a concern to the
subcommittee and brought up before. Desired a program of work that would
show just what the City was getting for $35,000. Noted the amount was not the
issue, as was the ability to be able to identify the accomplished goals and
benchmarks. In a meeting with the Chamber it was clear the most significant
impact of the proposal was tourism and felt a reduction in the allocation, tied to
particular task would give him more comfort. He did not doubt the project was
worthwhile and the Chamber was credible, but a program of work was needed in
order to tell the community what they would be getting in return.
Mayor Solorio supported the comments of Mr. Williams. Cited that it was a
private program as was addressed previously. Needed to know, before
developing a visitor center, what could be quantified on what the City was getting
for the money. While the tourist center was more clear, there were other items
that were difficult to say and it needed to be determined at what point it would be
determined what the Chamber would do with the funds. Was more supportive of
a trial program in one budget area for one budget year, with an annual review. It
would be easier after a trial basis to sell the program in future years.
Council discussion regarding the comparison of the Chamber proposal to the
staff functions of the Economic Development Assistant,. Mixed feelings on
whether or not the two were comparable and whether results were quantified. In
addition, whether it was viewed as a replacement or enhancement to the staff
position. There was also the concern that the contract did not assure the City of
the staff time of one full person working on the City's goals and objectives.
Mr. Williams suggested the contract have some built in checks and balances, a
quarterly review and no additional funding without same. Suggested the amount
recommended by the subcommittee of $25,000, because more would not justify
the program of work.
Bob Duistermars indicated he was sensitive to the concerns of Council and in a
prior meeting discussed specific items. Stated the visitor center cost was
identified and what portion was the Chamber. Stated the Chamber was made up
of professionals who would not spend without justification. Detailed goals and
objectives had been discussed and the $25,000 would show faith in the
Chamber as professionals and in the future, more could be accomplished once
the Chamber showed the City what they could do. The Chamber had already
began the process, without benefit of a contract and felt they should be given the
opportunity to prove themselves. Later the Chamber could come back and
Council could amend the amount of the contract with the justification provided by
13
October 17, 1995
the Chamber. Suggested the city could institute a funding mechanism to pay for
items after the fact, with some others being paid immediately.
Mr. Williams noted that without an approved budget, there was the potential to
impact other items..
A MOTION was made by Councilmember Leahy, seconded by Councilmember
Oaks to approve a contract with the Chamber for $25,000, as presented to the
ad hoc subcommittee, with funding to come from RDA Budget Account 096-
9700-470-4001. Motion carried on a 4-0 vote with one Council seat vacant.
Personnel Discussion:
Mr. Oaks urged delay on consideration of RDA pay until a budget was approved
and had no problems with the other items in the staff report.
Ms. Leahy agreed on the RDA pay, but wanted to discuss the Customer Service
Representative. Previously council had lengthy discussion on the hiring of the
position, which was primarily to help with utility billing and collection. Due to the
Brown Act and limitations on the discussion of personnel, just wanted to note
there had been discussions on the discrepancies on billing and staff had assured
Council the prior year that all was well and the City was ready for recycling. But
now there were still problems. Felt the tasks should be given to OK Associates,
who had an economic interest in the collections before the City considered hiring
another staff person.
Mr. Herrera advised it was a good point, but that the refuse was only a part of
the billing, and the larger billing related to water and sewer. He advised of his
prior report to Council on October 3, 1995, and how the matters were being
handled.
Mr. Williams noted that a presentation at the last meeting addressed all the
issues and Council agreed and encouraged staff to proceed. This was no time
for Council to change their mind. He had no objection to a temporary position as
described in the staff report. He would not be comfortable giving OK Associates
complete billing and collection, but would be open to hearing how it might work,
but it was an unrelated issue to the present proposal and Council could look at
that later. Agreed to delay the RDA pay issue and the rest outlined in the staff
report he had no problem with. Suggested putting the OK Associates billing and
collection issue on a future agenda.
14
October 17, 1995
Ms. Easter advised there was a subcommittee dealing with various issues
involving OK Associates who could discuss the issue and staff bring the matter
back before December.
Mr. Oaks advised he would be hesitant to discuss the OK Associates issues
because the City needed to hold their own cards.
Mr. Williams indicated that the person doing the function not having economic
ties, gave the appearance that employees were not dedicated. Felt Council was
quick to criticize and not providing enough support and appreciation for a difficult
job.
Ms. Leahy noted that the employee worked hard and her point was that
problems had existed for four years and they should have been resolved by now.
Mr. Oaks wanted to clarify that there was no intent by prior comments to imply
employees in given positions did not do a good job.
Mayor Solorio sought to clarify Council direction, and inquire if there were any
other points of direction to provide to staff. It appeared all were in agreement to
proceed, with the exception of the RDA pay, which would be considered later.
Ms. Leahy inquired about animal control officer?
Ms. Easter advised that staff would bring that matter back to Council November
7, 1995, for direction on a time line if Council wished to eliminate the position.
Council to allow staff the opportunity to evaluate the animal control position,
consider any additional information regarding the County functions and come
back to Council with a recommendation. Stated he felt the concerns were
unwarranted and emotional. In response to Council inquiry, advised he would be
interested in one of the six sergeants positions being a commander, if there was
an even fiscal impact.
Ms. Easter advised staff would bring back the sergeant/commander conversion
with the animal control officer issue.
15
October 17, 1995
A MOTION was made by Councilmember Oaks, seconded by
Councilmember Williams, acting in their capacity as the City Council and
the Redevelopment Agency, to adopt Resolution No. 95-52 and
Resolution No. RDA 95-5 providing interim expenditure authorization until
such time that the 1995-96 Fiscal Year budget was adopted. Motion
carried on a 4--0 vote with one Council seat vacant.
RESOLUTION NO. RDA 95-5
A RESOLUTION OF THE CITY COUNCIL ACTING IN THEIR CAPACITY AS THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA,
AUTHORIZING CONTINUED FISCAL OPERATIONS UNTIL SUCH TIME THAT
THE FISCAL YEAR 1995-96 BUDGET IS ADOPTED
RESOLUTION NO. 95-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, AUTHORIZING CONTINUED FISCAL OPERATIONS UNTIL SUCH
TIME THE FISCAL YEAR 1995-96 BUDGET IS ADOPTED
At the hour of 9:55 P.M. Council recessed.
At the hour of 10:05 P.M. Council reconvened with all members present, except one
Council seat vacant.
7.1 1995-96 Fiscal Year Budget Authority
Council discussion regarding the prior expenditure approvals. Concern
was voiced that there needed to be the ability to fund emergency
computer issues and it could not be done with out the approval of the
computer upgrade funding previously not approved.
Staff indicated that the kinds of problems would be related more as
maintenance, than upgrades.
City Manager Easter suggested that Council give authorization for 1,000-
1,500 for use on computers in the event of an emergency until staff could
deal with the larger issue of the computer upgrade.
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Williams, to approve a temporary budget of $1,500 for
computer upgrade/maintenance. Motion was amended to approve the
amount of $5,000. Motion carried on a 4-0 vote with one Council seat
vacant.
16
October 17, 1995
7.5 Salary Comparability Study for San Jacinto's Executive Management Positions
Assistant to the City Manager Butler made a presentation as contained in the
staff report on file with the City Clerk.
Councilmember Oaks commended staff on the excellent report and hoped it
could be done rapidly. Requested that the cities of Hemet and Perris be added
to the list of cities to survey. Indicated he was interested in the top management
positions, i.e, Department Heads and City Manager. He liked the total
compensation approach and the idea of using a consultant to avoid any question
of conflict in the study . Would like the study done by January, if possible. He
would like the decision of where management salaries should fall in relation to
other cities done by Council in closed session. Finally, that Council could not
provide direction on implementation until the facts and figures were in.
Councilmember Leahy agreed with Mr. Oaks, and stated it a consultant were
used and specific fees were involved related to the number of cities used, would
like those with the larger population left out, but only in the event of it being a
cost saving factor.
Councilmember Williams did not favor removing Hemet and Perris, and if any
dropped based on population, that those remain because of their proximity to
San Jacinto. Felt the report was comprehensive and doubted that it would show
salaries as being overpaid. Clarified that mid management was not to be
included. Inquired about the possible cost?
Mr. Butler advised his estimate was $2,500-5,000.
Mr. Williams indicated he would like the study to include classifications as well as
actual duties of the position.
Mr. Butler assured they would compare apples with apples. Explained there had
been some concerns about including Chino Hills, Rancho Cucamonga, Hemet
and Perris because San Jacinto did not have their kind of resources.
Councilmember Leahy complimented staff on the comprehensive report, and
pointed out the need for some of the criteria to determine affordability.
Mr. Butler pointed out that many of the cities did not have a Chief of Police and
inquired if there were some alternatives to consider for comparison.
17
October 17, 1995
Council desired to see the results in the format of raw data, as well as averages.
Jim Smedley yielded his time to speak..
Council agreed with staff, that an informal RFP would be done for a consultant
and the staff would select the most qualified and competitive under $5, 000.
Mr. Williams suggested staff contact Palm Springs, since they just went through
this same type of study.
7.2 Temporary Street Closure for Private Party
Location: Teco Drive
Public Works Director Evans made a presentation as contained in the
staff report on file with the City Clerk.
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Oaks, to approve the closure of a portion of Teco Drive
for a private party on Saturday, November 4, 1995 between 12:30 P.M.
and 5:00 P.M. subject to conditions. Motion carried on a 4-0 vote with one
Council seat vacant.
Council direction for staff to loan city barricades to the residents.
Brief Council discussion on the merits of having a policy and procedure for
such events.
At the hour of 10:30 P.M. Council recessed to celebrate the birthday of Councilmember
Williams.
At the hour of 10:35 P.M. Council reconvened, with all members present, except one
Council seat vacant and Councilmember Williams left Chambers.
7.3 Award of Bid for Removal of Underground Storable Tanks
Public Works Director Evans made a presentation as contained in the
staff report on file with the City Clerk.
18
October 17, 1995
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Oaks, to award the bid for removal of the city's
underground fuel storage tanks to Warren Duncan Contracting of San
Bernardino for a low bid of $9,730.00; authorize staff to negotiate a
contract for the purchase of fuel from a private firm or public agency.
Motion carried on a 3-0 vote with one Council seat vacant and
Councilmember Williams absent.
7.4 Status Report on City Committees
COUNCIL CONSENSUS to defer consideration of the matter to the next
meeting where the full Council was present.
7.4.1 Planning Commission
RECOMMENDATION: Receive and file.
7.4.2 Community Preservation Committee
RECOMMENDATION: Direct staff to have members draw
lots to determine terms of office on a four year, staggered
system, with expirations beginning October 3, 1996; and
direct that staff support be provided by the Community
Development Department; declare two seats vacant and
direct the City Clerk's Office to advertise to fill the vacancies
in accordance with the Maddy Act.
7.4.3 2010 Committee
RECOMMENDATION: Direct the City Clerk's Office to
contact the current membership to solicit continued service;
and direct staff to have members draw lots to determine
terms of office on a four year, staggered system, with
expirations beginning October 31, 1996; and direct the City
Clerk's Office to bring back to Council any vacancies which
may occur, in accordance with the Maddy Act.
7.4.4 Museum Board
RECOMMENDATION: Direct staff to have members draw
lots to determine terms of office on a four year, staggered
system, with expirations beginning October 31, 1996, and
direct that staff support be provided by the City Clerk's
Office; and direct the City Clerk's Office to contact the
current membership to solicit continued service; and direct
the City Clerk's Office to bring back to Council any
vacancies which may occur, in accordance with the Maddy
Act; and direct that the By-laws be amended to eliminate
19
October 17, 1995
maximum terms and specify terms of office in four year
intervals, on a staggered system.
7.4.5 Project Area Committee
RECOMMENDATION: Direct staff to take the appropriate
actions to fill the vacancies.
7.4.6 Public Safety Financing Committee
RECOMMENDATION: Receive and file.
7.4.7 City Farming Committee
RECOMMENDATION: Direct the supporting Department to
bring back to Council the proposed by-laws, duties,
membership criteria and terms of office for approval and
direction to advertise to fill the appointments.
7.4.8 Agricultural Advisory Committee
RECOMMENDATION: Direct the supporting Department to
bring back to Council the proposed by-laws, duties,
membership criteria and terms of office for approval and
direction to advertise to fill the appointments.
7.4.9 County Free Library Advisory Committee
RECOMMENDATION: Declare the position vacant and
direct staff to advertise to fill the vacancy and bring back
prospective applicants at a later meeting for Council
consideration and appointment.
7.4.10 Non -Functional Committees
RECOMMENDATION: Direct staff to bring back to Council
the necessary actions to abolish the Non-functional
Committees.
7.6 San Jacinto Library Service
COUNCIL CONSENSUS for staff to continue on the same path as they
had been doing.
7.8 Amicus Brief - City of San Jose vs. State of California, Commission on
State Mandates. et al. - Booking Fees
City Attorney Cox made a presentation as contained in the report handed
out at the meeting, and entered into the record. Requested that Council
add the item to the agenda, he had just received it that day so was not
aware of it prior to the posting of the agenda, and a response was due
October 20, 1995. Clarified this was a case trial where the court ruled
that booking fees were a state mandate and was being appealed. The
20
October 17, 1995
League of Cities requested that all cities join in supporting the appeal.
The support by the City would be at no cost to the City.
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Oaks, to add the item to the agenda. Motion carried on a
3-0 vote with one Council seat vacant and Councilmember Williams
absent.
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Oaks, to participate. Motion carried on a 3-0 vote with
one Council seat vacant and Councilmember Williams absent.
8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS
Councilmember Leahy commended staff working with the public on a recent
public works issue. Staff showed great patience and tolerance during the
sidewalk repairs and replacing the asphalt.
Councilmember Leahy suggested that the newly elected Council be sworn in at a
special session prior to the regular meeting the first Tuesday in December.
8.1 Potential Cancellation of October 24th and November 28th Study
Sessions
COUNCIL CONSENSUS to cancel the study sessions.
Councilmember Oaks reported on recent meetings he had attended.
Mayor Solorio reported on a meeting he attended on how to obtain Governor
appointments.
At the hour of 10:45 P.M. Council recessed.
At the hour of 1:55 P.M. Council reconvened with all members present, except
Councilmember Williams and one Council seat vacant, for closed session pursuant to
the following:
21
October 17, 1995
9.0 CLOSED SESSION
9.1 Conference with Labor Negotiator pursuant to Government Code Section
54957.6
Negotiator: Richard Kreisler, Pam Easter, Rod Butler, John Herrera
Regarding: San Jacinto Police Officers' Association, San Jacinto
Firefighters' Association, Public Employees of Riverside County (PERC)
and Management/Confidential
At the hour of 10:56P.M. Council reconvened in open session, with all members
present, except Councilmember Williams and one Council seat vacant, and announced
no reportable action being taken.
10.0 ADJOURNMENT
There being no further business to conduct, the meeting was adjourned. The
hour of adjournment being 10:57P.M.
Submitted by
Bob Wilson, City Clerk
Deputy City Clerk
Approved by
David Solorio, Mayor
22
3
a.e r�_--�---
STAFF REPORT
TO: Mayor and City Council
FROM John Herrera -Finance Director
Via Pamela S. Faster, City Manager
SUBJECT: Approval of Register of Audited Demands
and Payroll Checks
DATE: November 21, 1995
RECOMMENDATION
Approve warrant numbers 41743 through 41846 dated November 15, 1995 in the amount of
$517,447.24 and Payroll check numbers 6185 through 6270 dated October 13, 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.
PAGE 1
PREPARED 11/15/1995. 16:43:51 City of San Jacinto
PROGRAM: GM313U
GROUP NUMBER
ACCOUNTING PERIOti
%%RCOUP USER ANNE
00121 PREPAIDS
65/199n'
ACCOUNTS -PAYABLE UPDATE LIST
TRANS. TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 3 DESCRIPTION 2
100 11/13/1995
NET PAYROLL
REPORT NUMBER 11
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK: CHECK DATE TYPE LAST TRANS
001565 00 800-0000-101.20-00
200 11/13/1995 001566 00 050-9000-450.31-15
MILEAGE REIMBURSEMENT WATER DEPARTMENT
00 050-9000-450.31-15
WATER DEPARTMENT
300 11/13/1995 001567
MILEAGE REIMBURSEMENT
400 11/13/1995 001568
COP PROGRAM
500 11/13/1995 001569
EYE CARE PREMIUM
600 11/13/1995
PERS RETIREMENT
00 010-0000-103.12-19
POST REIMBURSABLE
00 085-0000-202.21-35
NOVEMBER 1995
001570 00 085-0000-202.21-28
CONTRIBUTIONS
700 11/13/1995 001571
NET PAYROLL
BOO 11/13/1995 001572
HEALTH INSURANCE PREMIUM
900 11/13/1995 001573
CREDIT UNION DEDUCTIONS
1000 11/13/1995 001574
DEFERRED COMPENSATION
1100 11/13/1995 001575
DEFERRED COMPENSATION
1200 11/13/1995 001576
REFUND OVERPAYMENT
1300 11/13/1995 001577
POSTAGE —WATER BILLS
1400 11/13/1995 001578
ACCOUNTING TECHNICIAN
1500 11/14/1995 001763
REFUSE COLLECTIONS
00 800-0000-101.20-00
00 085-0000-202.21-39
NOVEMBER 1995
00 085-0000-202.21-41
00 085-0000-202.21-29
00 085-0000-202.21-29
00 010-3200-431.10-01
4850 BENEFITS/B. DEYC1
00 050-9000-450.21-10
00 010-1400-414.34-05
00 065-0000-201.08-69
SE''•'rEMBER 1995
0000235 CITY OF SAN JACINTO
00/00/0000 0041743 11/01/1995
0001546 MARTIN DIAZ
00/00/0000 0041744 11/02/1995
0001179 BRYAN SALSBURY
00/00/0000 0041745 11/02/1995
0000426 GLENN STOTZ
00/00/0000 0041746 11/06/1995
0000472 EYE CARE OF AMERICA
00/00/0000 0041747 11/06/1995
0000830 PERS
00/00/0000 0041749 11/06/1995
0000235 CITY OF SAN JACINTO
00/00/0000 0041750 11/09/1995
0000149 HEALTH NET
00/00/0000 0041751 11/06/1995
REQ
N
REQ
N
REQ
N
REQ
N
AMOUNT
VS03369006
N
REQ
N
REQ
N
STMT
N
0000869 RIVERSIDE CO. EMPLOYEES STMT
00/00/0000 0041752 11/09/1995
0000691 L.INCOLN NATIONAL
00/00/0000 0041753 11/10/1995
0000607 ICMA RETIREMENT TRUST
00/00/0000 0041754 11/10/1995
0002039 COLEN AND LEE
00/00/0000 0041755 11/09/1995
0000369 U.S. POSTMASTER
00/00/0000 0041756 11/09/1995
0001068 RAY BOUZA
00/00/0000 0041757 11/09/1995
0000770 O.K. ASSOC. INC.
00/00/0000 0041758 11/15/1995
N
STMT
N
STMT
N
REQ
N
REQ
N
REQ
N
REQ
N
8.996.02
556.80
207.06
184.00
460.40
6.375.87
69,325.55
16.110.18
4.487.69
1423.15
1.093.19
492.53
1.000.00
1.009.37
119.730.97
PREPARED 11/15/1995. 16:43:51
PROGRAM: GM313U
City of Sai-m-Jacinto
PAGE 2
ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
GROUP NUMBER : 00121 PREPAIDS
ACCOUNTING PERIOD: 05/1996
GROUP USER ANNE
TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
1600 11/15/1995 001764
NET PAYROLL
1700 11/15/1995 001765
AFLAC INSURANCE PREMIUM
1800 11/15/1995 001766
LIFE INSURANCE PREMIUM
COUNT:
AMOUNT:
PRDJ F.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK* CHECK DATE TYPE LAST TRANS
00 800-0000-101.20-00
00 085-0000-202.21-27
NOVEMBER 1495
00 085-0000-202.21-46
NOVEMBER 1995
GROUP TOTALS
18
246.617.17
0000235 CITY OF SAN JACINTO REQ
00/00/0000 0041759 11/15/1995 N
0000995 AFLAC STMT
00/00/0000 0041760 11/15/1995 N
0000419 STANDARD INS. COMPANY STMT
00/00/0000 0041761 11/15/1995 N
AMOUNT
11,986.42
1,062.80
2,415.17
PREPARED 11/15/1995. 16:43:51 City of San Jacinto PAGE 3
PROGRAMS GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
GROUP NUMBER S 00122 ACCOUNTS PAYABLE
ACCOUNTING PERIODS 05/1996
GROUP USER ANNE
TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
PROD P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK* CHECK DATE TYPE LAST TRANS
100 11/13/1995
REPAIR MOWER
200 11/13/1995
LAWNMOWER SUPPLY
001579 00 025-7100-410.33-50
PARKS DEPARTMENT
001580 00 025-7100-410.21-80
PARKS DEPARTMENT
300 11/13/1995 001581
MAINTENANCE AGREEMENT
400 11/13/1995 001582
REPLACEMENT OF WATER
500 11/13/1995 001583
BLOOD 6 URINE COLLECTION
600 11/13/1995 001584
REPAIR CITY YARD PRINTER
00 010-2500-425.34-05
FAX MACHINE
00 067-3200-431.40-45
TANKS —FIRE DEPARTMENT
00 010-3100-431.21-85
KITS —POLICE DEPARTMENT
00 010-2500-425.30-90
700 11/13/1995 001585 00 010-2500-425.21-10
1996 ZIP CODE BOOK
800 11/13/1995 001586 00 010-3210-431.30-90
VEHICLE ABATEMENT
COUNT:
AMOUNTS
GROUP TOTALS
8
6.713.98
AMOUNT
0000931 AL'S KUBOTA TRACTOR LAWNM 13574
11/15/1995 0000000 00/00/0000 N
0000931 AL'S KUBOTA TRACTOR LAWNM 14669
11/15/1995 0000000 00/00/0000 N
0000169 BURTRONICS BUSINESS SYS. 156756
11/15/1995 0000000 00/00/0000 N
0000506 FMC CORP.
11/15/1995 0000000 00/00/0000
0000805 LYNN PEAVEY CO.
11/15/1995 0000000 00/00/0000
0000730 MINCO COMPUTERS
11/15/1995 0000000 00/00/0000
422438
N
107873
N
3-1346
N
0000757 NATIONAL INFO DATA CENTER REO
11/15/1995 0000000 00/00/0000 N
0000357 VALLEY AUTO SALVAGE. INC. 58120
11/15/1995 0000000 00/00/0000 N
111.09
30.17
350.81
5.400.00
269.15
455.86
46.90
50.00
PREPARED 11+15/1995. 16:43:51
PROGRAMS GM313U
City of Se -Jacinto PAGE 4
ACCOUNTS PAYABLE UPDATE LIST
REPORT NUMBER 11
GROUP NUMBER S 00123 ACCOUNTS PAYABLE
ACCOUNTING PERIOD: 05/1996
GROUP USER ANNE
TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
100 11/13/1995 001587 00 010-3100-431.21-13
DOG FOOD-REX & BRUNO POLICE DEPARTMENT
200 11/13/1995 001588 00 050-9000-450.34-05
RECEPTIONIST/CASHIER
300 11/13/1995 001589 00 025-7100-410.33-30
PIPE & SUPPLIES
400 1.1/13/1995 001590 00 025-7252-410.33-30
-' PIPE & SUPPLIES
500 11/13/1995 001591 00 050-9000-450.33-30
PIPE & SUPPLIES
600 11/13/1995
001592
TIMOTHY PULSIFER V CITY
700 11/13/1995
00 020-2200-41.9.30-90
001593 00 020-2200-419.30-90
TIMOTHY PULSIFER V CITTY
800 11/13/1995
001594 00 020-2200-41.9.37-05
GENERAL LIABILITY PREMIUM
900 11/13/1995
WORKERS, COMF'ENSATI
1000 11/13/1995
COP PROGRAM
1100 11/13/1995
,..PUBLIC WORKS ADMIN.
1.200 11/13/1995
PUBLIC WORKS ADMIN.
1300 11/13/1995
PUBLIC WORKS ADMIN.
1400 11/13/1995
PUBLIC WORKS ADMIN-
1500 11/13/1995
001595 00 018-2250-419.37-05
ON PREMIUM
001596 00 010-0000-103.12-19
POST REIMBURSABLE
001597 00 010-4150-410.30-90
001598 00 096-9700-470.30-90
001599 00 025-7250-410.30-90
001600 00 025-7251-410.30-90
001601 00 050-9000-450.30-90
PROJ F.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK* CHECK DATE TYPE LAST TRANS
0001161 ANIMAL MEDICAL CENTER
11/15/1995 0000000 00/00/0000
AMOUNT
STMT
N
0001878 APPLE -ONE EMPLOYMENT SERV 1864333
11/15/1995 0000000 00/00/0000 N
0000985 B & W PIPE & SUPPLY
11/15/1995 0000000 00/00/0000
0000985 B & W FIFE & SUPPLY
11/15/1995 0000000 00/00/0000
0000985 B & W F'IF'E & SUPPLY
11/15/1995 0000000 00/00/0000
0000327 CARL WARREN &CO.
11/15/1995 0000000 00/00/0000
0000327 CARL WARREN &CO.
11/15/1995 0000000 00/00/0000
0000180 C.V.J.F.I.A.
11/15/1995 0000000 00/00/0000
0000180 C.V.J.F.I.A.
11/15/1995 0000000 00/00/0000
0000259 CURTIS CURTISS
11/15/1995 0000000 00/00/0000
0000477 EVANS & ASSOCIATES
11/15/1995 0000000 00/00/0000
0000477 EVANS & ASSOCIATES
11/15/1995 0000000 00/00/0000
0000477 EVANS & ASSOCIATES
11/15/1995 0000000 00/00/0000
0000477 EVANS & ASSOCIATES
11/15/1995 0000000 00/00/0000
0000477 EVANS & ASSOCIATES
PUBLIC WORKS ADMIN. 11/15/1995 0000000 00/00/0000
STMT
N
STMT
N
STMT
N
2841.79
N
28043
N
STMT
N
STMT
N
REP
N
STMT
N
STMT
N
STMT
N
STMT
N
STMT
N
56.00
347.22
123.70
191..49
159.00
124.30
791.26
57.986.50
35.913.00
184.00
2.025.00
900.00
300.00
450.00
1,162.50
PREPARED 11/15/1995. 16:43:51
City of San Jacinto PAGE
PROGRAM! 0M313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
GROUP NUMBER S 00123 ACCOUNTS PAYABLE
ACCOUNTING PERIOID! 05/1996
GROUP USER ANNE
rRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
1600 11/13/1995 001602 00 081-9100-450.40-01
PUBLIC WORKS ADMIN.
1700 11/13/1995 001603 00 025-7252-410.30-90
PUBLIC WORKS ADMIN.
1800 11/13/1995 001604 00 046-9800-450.30-90
PUBLIC WORKS ADMIN.
1900 11/13/1995 001605 00 055-4170-450.30-90
PUBLIC WORKS ADMIN.
2000 11/13/1995 001606 00 010-3300-431.33-50
AUTO PARTS
2100 11/13/1995 001607 00 010-4100-410.33-50
AUTO FARTS
2200 11/13/1995 001608 00 020-2200-419.30-90
STEVEN MILLER V CITY
2300 11/13/1995 001609 00 010-3100-431.35-17
CAL —ID FAX/CELLULAR
2400 11/13/1995 001610 00 020-2200-419.30-90
ALEXANDER REALYVASQUEZ V CITY
2500 11/13/1995 001611 00 010-2500-425.33-10
2600 11/13/1995 001612 00 010-3200-431.33-10
FLOOR MATS
FLOOR MATS
2700 11/13/1995 001613 00 010-4150-410.21-35
UNIFORM CLEANING
2800 11/13/1995 001614 00 010-4150-410.21-35
UNIFORM CLEANING
2900 11/13/1995 001615 00 010-4100-410.21-35
UNIFORM CLEANING
3000 11/13/1995 001616 00 010-7400-425.33-10
UNIFORM CLEANING
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
FROJ F.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CI-IECK4 CHECK DATE TYPE LAST TRANS
0000477 EVANS & ASSOCIATES STMT
N
0000477 EVANS & ASSOCIATES STMT
N
0000477 EVANS & ASSOCIATES STMT
N
0000477 EVANS & ASSOCIATES STMT
N
0000597 QUALITY AUTO PARTS 107561
N
0000597 QUALITY AUTO PARTS 107904
N
0001802 JOE MC MILLIN STMT
N
0000674 LA CELLULAR TELEPHONE STMT
N
0002040 MANUEL REALYVASQUE7_ STMT
N
0000732 MISSION UNIFORM SERVICES STMT
N
0000732 MISSION UNIFORM SERVICES STMT
N
0000732 MISSION UNIFORM SERVICES STMT
N
0000732 MISSION UNIFORM SERVICES STMT
N
0000732 MISSION UNIFORM SERVICES STMT
N
0000732 MISSION UNIFORM SERVICES STMT
11/15/1995 0000000 00/00/0000 N
AMOUNT
150.00
225.00
300.00
262.50
9.49
6.83
1,912.00
37.72
1,600.00
36.92
55.40
57.75
167.41
39.08
21.10
PREPARED 1.-5/1995. 16:43:51 City of Jacinto--rAGE 6
PROGRAM: OM313U ACCOUNTS PAYABLE JPDATE LIST REPORT NUMBER 11
OROUF-• NUMBER : 00123 ACCOUNTS PAYABLE
ACCOUNTING PERIOD: 05/1996
GROUP USER ANNE
TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
3100 11/13/1995
UNIFORM CLEANING
3200 11/13/1995
UNIFORM CLEANING
3300 11/13/1995
UNIFORM CLEANING
3400 11/13/1995
FLOOR MATS
3500 11/13/1995
FLOOR MATS
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK* CHECK DATE TYPE LAST TRANS
001617 00 055-4170-450.21-35
001618 00 010-4150-41.0.21.-35
001619 00 050--9000-450.21-35
001620 00 010-3100-431.33-10
001621 00 010-1700-417.33-10
3600 11/13/1995 001622
UNIFORM CLEANING
3700 11/13/1995 001623
PAGERS -•POLICE DEPARTMENT
3800 11/13/1995 001624
REIMBURSE PETTY CASH
3900 11/13/1995 001625
REIMBURSE PETTY CASH
4000 11/13/1995 001626
REIMBURSE PETTY CASH
4100 11/13/1995 001627
REIMBURSE PETTY CASH
4200 11/13/1995 001628
REIMBURSE PETTY CASH
4300 11/13/1995 001629
REIMBURSE PETTY CASH
4400 11/13/1995 001630
REIMBURSE PETTY CASH
4500 11/13/1995 001631
REIMBURSE PETTY CASH
00 010-3300.431.21-35
00 010-3100-431.35-16
00 010-3100-431.30-15
FUND —POLICE DEPARTMENT
00 010-3100-431.21-90
FUND —POLICE DEPARTMENT
00 010-3100-431.21-18
FUND —POLICE DEPARTMENT
00 010-3100-431.21-10
FUND —POLICE DEPARTMENT
00 010-3100-431.21-90
FUND —POLICE DEPARTMENT
00 010-3100-431.31-20
FUND —POLICE DEPARTMENT
00 010-3100-431.21-90
FUND —POLICE DEPARTMENT
00 010-3100-431.21-90
FUND —POLICE DEPARTMENT
0000732 MISSION UNIFORM SERVICES STMT
11/15/1995 0000000 00/00/0000 N
0000732 MISSION UNIFORM SERVICES STMT
11/15/1995 0000000 00/00/0000 N
0000732 MISSION UNIFORM SERVICES STMT
11/15/1995 0000000 00/00/0000 N
0000732 MISSION UNIFORM SERVICES STMT
11/15/1995 0000000 00/00/0000 N
0000732 MISSION UNIFORM SERVICES STMT
11/15/1995 0000000 00/00/0000 N
0000732 MISSION UNIFORM SERVICES STMT
11/15/1995 0000000 00/00/0000 N
0000795 PAGENET A605707
11/13/1995 0000000 00/00/0000 N
0000813 P.D. PETTY CASH REP
11/15/1995 0000000 00/00/0000 N
0000813 P.D. PETTY CASH REQ
11/15/1995 0000000 00/00/0000 N
0000813 F.D. PETTY CASH REP
11/15/1995 0000000 00/00/0000 N
0000813 P.D. PETTY CASH REP
11/15/1995 0000000 00/00/0000 N
0000813 P.D. PETTY CASH REP
11/15/1995 0000000 00/00/0000 N
0000813 P.D. PETTY CASH REP
11/15/1995 0000000 00/00/0000 N
0000813 P.D. PETTY CASH REP
11/15/1995 0000000 00/00/0000 N
0000813 P.D. PETTY CASH REP
11/15/1995 0000000 00/00/0000 N
AMOUNT
31.40
146.90
1.55.25
68.58
23.25
39.07
133.50
18.75
3.74
4.36
8.95
10.75
36.00
12.38
1.92
PREPARED 11/15/1995, 16143:51 City of San Jacinto PAGE 7
PROGRAM! 0M313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
GROUP NUMBER : 00123 ACCOUNTS PAYABLE
ACCOUNTING PERIOD: 05/1996
GROUP USER ANNE
TRANS TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
4600 11/13/1995 001632
REIMBURSE PETTY CASH
4700 11/13/1995 001633
REMOVE TREE STUMPS AT
4800 11/13/1995 001634
UTIL..ITIES
4900 11/13/1995 001635
UTILITIES
5000 11/13/1995 001636
COLORED PAPER
5100 11/13/1995 001637
COLORED PAPER
5200 11/13/1995 001638
COLORED PAPER
5300 11/13/1995 001639
COLORED PAPER
5400 11/13/1995 001640
LONG DISTANCE SERVICES
5500 11/13/1995 001641
LONG DISTANCE SERVICES
5600 11/13/1995 001642
LONG DISTANCE SERVICES
5700 11/13/1995 001643
DECALS —CITY LOGO
COUNT:
AMOUNT:
00 010-3100-431.21-10
FUND —POLICE DEPARTMENT
00 010-4150-410.34-05
VARIOUS LOCATIONS
00 025-7260-410.35-14
00 025-7260-410.35-14
00 010-1110-411.21-10
00 010-1110-411.21-10
00 010-1110-411.21-10
00 010-1110-411.2J.-10
00 010-3100-431.35-16
00 010-4150-410.35-16
00 010-2500-425.35-16
00 010-4150-410.33-30
GROUP TOTALS
57
112.481.76
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK CHECK DATE TYPE LAST TRANS
0000813 F.D. PETTY CASH
11/15/1995 0000000 00/00/0000
0000837 QUAST TREE SERVICE
11/15/1995 0000000 00/00/0000
AMOUNT
REQ
N
STMT
N
0000447 SO. CALIFORNIA EDISON CO. STMT
11/15/1995 0000000 00/00/0000 N
0000447 SO. CALIFORNIA EDISON CO. STMT
11/15/1995 0000000 00/00/0000 N
0000420 STAPLES
11/15/1995 0000000 00/00/0000
0000420 STAPLES
11/15/1995 0000000 00/00/0000
0000420 STAPLES
11/15/1995 0000000 00/00/0000
0000420 STAPLES
11/15/1995 0000000 00/00/0000
0001980 U.S. LONG DISTANCE
11/15/1995 0000000 00/00/0000
0001980 U.S. LONG DISTANCE_.
11/15/1995 0000000 00/00/0000
0001980 U.S. LONG DISTANCE
11/15/1995 0000000 00/00/0000
J237'729001
N
J235967001
N
.J237717001
N
J237683001
N
STMT
N
STMT
N
STMT
N
0000316 WESTERN HIGHWAY PRODIJCTS 28208G
11/15/1995 0000000 00/00/0000 N
.46
2.855.00
911.84
1.132.12
165.93
165.93
165.94
165.94
22.57
12.34
258.52
335.20
PREPARED 1.....5/1995. 16143:51 City of :. Jacinto 'AGE B
PROGRAM: 0M313U ACCOUNTS PAYABLE —UPDATE LIST REPORT NUMBER 11
GROUP NUMBER
ACCOUNTING PERIODS
GROUP USER ANNE
00124 ACCOUNTS PAYABLE
05/1996
TRANS: TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK: CHECK DATE TYPE LAST TRANS
100 11/13/1995 001644
CLOCKS —COUNCIL MEMBERS
200 11/13/1995 001645
[OWING CHARGES —UNIT 107
300 11/13/1995 001646
LEGAL SERVICES
400 11/13/1995 001647
LEGAL SERVICES
500 11/13/1995 001648
LEGAL SERVICES
600 11/13/1995 001649
LEGAL SERVICES
700 11/13/1995 001650
LEGAL SERVICES
800 11/13/1995 001651
LANDSCAPE MAINTENANCE
900 11/13/1995 001652
LANDSCAPE MAINTENANCE
1000 11/13/1995 001653
LANDSCAPE MAINTENANCE
1100 11/13/1995 001654
BLUEPRINTING SERVICES
1200 11/13/1995 001655
BLUEPRINTING SERVICES
1300 11/13/1995 001656
BLUEPRINTING SERVICES
1400 11/13/1995 001657
UNEMPLOYMENT BENEFITS
1500 11/13/1995 001658
TIRES & REPAIRS
00 010-1100-411.21-10
00 010-3100-431.34-11
POLICE DEPARTMENT
00 020-2200-419.30-90
CITY ATTORNEY
00 050-9000-450.30-90
CITY ATTORNEY
00 096-9700-470.30-90
CITY ATTORNEY
00 025-7260-410.30-90
CITY ATTORNEY
00 010-1111-411.30-90
CITY ATTORNEY
00 025-7250-410.34-05
CONTRACT
00 025-7251-410.34-05
CONTRACT
00 025-7252-410.34-05
CONTRACT
00 046-8800-450.30-90
00 096-9700-470.40-01
00 096-9700-470.40-01
00 010-3100-431.11-10
00 010-3100-431.33-50
0000997 ANADY'S TROPHIES
11/15/1995 0000000 00/00/0000
4119
N
0000218 CASTELLANO'S TOWING SERV. 22346
11/15/1995 0000000 00/00/0000
0000251 COX & COX
11/15/1995 0000000 00/00/0000
0000251 COX & COX
11/15/1995 0000000 00/00/0000
0000251 COX & COX
11/15/1995 0000000 00/00/0000
0000251 COX & COX
11/15/1995 0000000 00/00/0000
0000251 COX & COX
11/15/1995 0000000 00/00/0000
N
STMT
N
STMT
N
STMT
N
STMT
N
STMT
N
7473 0000263 D & J LANDSCAPE & MAINTEN 1056'7
11/15/1995 0000000 00/00/0000 N
7473 0000263 D & J LANDSCAPE & MAINTEN 1.0567
11/15/1995 0000000 00/00/0000 N
7473 0000263 D & J LANDSCAPE & MAINTEN 10567
11/15/1995 0000000 00/00/0000 N
0000275 DE BROS BLUEPRINTING SERV 20461
11/15/1995 0000000 00/00/0000 N
0000275 DE BROS BLUEPRINTING SERV 20467
11/15/1995 0000000 00/00/0000 N
0000275 DE BROS BLUEPRINTING SERV 20446
11/15/1995 0000000 00/00/0000 N
0000199 EMPLOYMENT DEV. DEPT.
11/15/199S 0000000 00/00/0000
0000483 EVANS TIRE CO.
11/15/1995 0000000 00/00/0000
STMT
N
STMT
N
AMOUNT
188.56
122.50
2.820.00
160.00
30.00
20.00
1,962.75
2.728.25
559.64
3.707.63
9.05
15.52
64.65
780.96
579.43
PREPARED 11/15/1995. 16:43:51 City of San Jacinto PAGE 9
PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
GROUP NUMBER
ACCOUNTING PERIODL
GROUP USER ANNE
00124 ACCOUNTS PAYABLE
05/1996
TRANS: TRANS DATE VOUCHER BK ACCOUNT NUMBER
(:DESCRIPTION 1 DESCRIPTION 2
1600 11/13/1995
TIRES & REPAIRS
1700 11/13/1995
TIRES & REPAIRS
1800 11/13/1995
TIRES & REPAIRS
1900 11/13/1995
PHONE SERVICES
2000 11/13/1995
PHONE SERVICES
2100 11/13/1995
PHONE SERVICES
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK: CHECK DATE TYPE LAST TRANS
001659 00 010-3300-431.33-50
001660 00 010-4150-410.33-50
001661 00 050-9000-450.33-50
001662 00 010-2500-425.35-16
001663 00 010-3100-431.35-16
001664 00 010-3200-431.35-16
2200 11/13/1995 001665 00 010-4150-410.35-16
PI -ZONE SERVICES
2300 11/13/1995
PHONE SERVICES
2400 11/13/1995
PHONE SERVICES
2500 11/13/1995
PHONE SERVICES
2600 11/13/1995
PHONE SERVICES
2700 11/13/1995
PHONE SERVICES
2800 11/13/1995
PHONE SERVICES
2900 11/13/1995
PHONE SERVICES
3000 11/13/1995
WATER TEST ICIT
001666 00 010-7400-•425.35-16
001667 00 025-7252-410.35-16
001668
001669
001670
001671
001672
001673
00 050-9000-450.35-16
00 055-4170-450.35-16
00 010-3100-431.35-16
00 010-4150-410.35-16
00 025-7252-410.35--16
00 050-9000-450.33-30
WATER DEPARTMENT
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
11/15/1995 0000000 00/00/0000
0000483 EVANS TIRE CO. STMT
N
0000483 EVANS TIRE CO. STMT
N
0000483 EVANS TIRE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000526 GENERAL TELEPHONE CO. STMT
N
0000545 HACH COMPANY 244995
N
AMOUNT
129.43
113.55
10.40
818.86
1,149.19
175.24
28.66
108.86
156.31
145.84
83.00
133.02
26.71
29.10
347.09
PREPARED 1 ...5/1995. 16S43:51
PROGRAM: GM313U ACCOUNTS PAYABLE POATE LIST
City of Jacinto -_AGE 10
REPORT NUMBER 11
GROUP NUMBER t 00124 ACCOUNTS
ACCOUNTING PERIOD: 05/1996
GROUP USER ANNE
PAYABLE
TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
3100 11/13/1995 001674
CEMENT FOR BATH TREATMENT
3200 11/13/1995 001675
PIPE & SUPPLIES
3300 11/13/1995 001676
PIPE & SUPPLIES
3400 11/13/1995 001677
FIFE & SUPPLIES
3500 11/13/1995 001678
CONSTRUCTION DOCUMENTS
3600 11/13/1995 001679
MAINTENANCE -LINE FRINTER
3700 11/13/1995 001680
MAINTENANCE -LINE PRINTER
3800 11/13/1995 001681
MAINTENANCE -LINE FRINTER
3900 11/13/1995 001682
MAINTENANCE -LINE FRINTER
4000 11/13/1995 001683
MAINTENANCE -LINE FRINTER
4100 11/13/1995 001684
MAINTENANCE -LINE FRINTER
4200 11/13/1995 001685
REPAIRS TO PUMPING SEWER
4300 11/13/1995 001686
LABOR ATTORNEY SERVICES
4400 11/13/1995 001687
JANITORIAL SERVICES
4500 11/13/1995 001688
REPAIR TO FILE SERVER
00 050-9000-450.33-30
PLANT
F'ROJ F.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK* CHECK DATE TYPE LAST TRANS
00 050-9000-450.33-30
WATER DEPARTMENT
00 050-9000-450.33-30
WATER DEPARTMENT
00 050-9000-450.33-30
WATER DEPARTMENT
00 099-9700-470.40-01
00 010-2500-425.34-05
00 055-4170-450.33-30
00 050-9000-450.33-30
00 010-2500-425.34-05
00 055-4170-450.33-30
00 050-9000-450.33-30
00 055-4170-450.34-05
STATION
00 010-1111-411.30-90
00 010-7400-425.34-05
COMMUNITY CENTER
00 010-2500-425.30-90
0000571 HEMET REDI MIX
11/15/1995 0000000 00/00/0000
49852
N
0000582 HEMET VALLEY F'IPE & SUPPL 29679
11/15/1995 0000000 00/00/0000 N
0000582 HEMET VALLEY PIPE & SUPPL 29785
11/15/1995 0000000 00/00/0000 N
0000582 HEMET VALLEY F'IPE & SUPPL 29809
11/15/1995 0000000 00/00/0000 N
0001115 HERRON & RUMANSOFF
11/15/1995 0000000 00/00/0000
0000605 I.B.M. CORP.
11/15/1995 0000000 00/00/0000
0000605 I.R.M. CORP.
11/15/1995 0000000 00/00/0000
0000605 I.B.M. CORP.
11/15/1995 0000000 00/00/0000
0000605 I.B.M. CORP.
11/15/1995 0000000 00/00/0000
0000605 I.P.M. CORP.
11/15/1995 0000000 00/00/0000
0000605 I.B.M. CORP.
11/15/1995 0000000 00/00/0000
0000639 JIMNI SYSTEMS. INC.
11/15/1995 0000000 00/00/0000
7457
N
05F8697
N
05F8697
N
05F8697
N
N562162
N
N562162
N
N562162
N
21.80
N
0000689 LIEBERT,CASSIDY/FRIERSON STMT
11/15/1995 0000000 00/00/0000 N
0000935 LOUIS ARROYO
11/15/1995 0000000 00/00/0000
STMT
N
0002025 MICRO AGE/JAGUAR COMPUTER 211575
11/15/1995 0000000 00/00/0000 N
AMOUNT
219.89
137.26
461.47
116.37
98.88
92.40
33.60
42.00
136.97
49.81
62.26
237.75
4.700.00
625.00
2,509.50
PREPARED 11/15/1995. 16:43:51 City of San Jacinto PAGE 11
PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
GROUP NUMBER 1 00124 ACCOUNTS PAYABLE
ACCOUNTING PERIOD! 05/1996
GROUP USER ANNE
TRANS.* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
4600 11/13/1995 001689
DISPATCH CONSOLES LEASE
4700 11/13/1995 001690
DISPATCH CONSOLES LEASE
4900 11/13/1995 001692
ANNUAL MAINTENANCE_
5000 11/13/1995 001693
PUBLICATION —DEVELOPING
5100 11/13/1995 001694
FINAL DUMP —GREEN WASTE
5200 11/13/1995 001695
PAGER RENTAL
5300 11/13/1995 001696
PAGER RENTAL
5400 11/13/1995 001697
PAGER RENTAL
5500 11/13/1995 001698
REPAIR K-9 LIOHTBAR
5600 11/13/1995 001699
COMPOST —RANCHO PARK
5700 11/13/1995 001700
WHEELBARROW —WATER DEPT.
5800 11/13/1995 001701
ELECTRICAL SUPPLIES
5900 11/13/1995 001702
UTILITIES
6000 11/13/1995 001703
UTILITIES
6100 11/13/1995 001704
SOBOBA ROAD LANDSCAPE
00 010-3100-431.34-05
POLICE DEPARTMENT
00 010-3100-431.34--05
POLICE DEPARTMENT
00 010-1110-411.34-05
CLERKS INDEX
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK4 CHECK DATE TYPE LAST TRANS
00 010-3210-431.21-10
FIRE PROTECTION SERVICES
00 025-7260-410.34-05
CONTAINER
00 010-4150-410.35-16
00 050-9000-450.35-16
00 010-2500-425.35-16
00 010-3100-431.33-50
00 025-7252-410.33-30
PARKING LOT
00 050-9000-450.33-30
00 050-9000-450.33-30
BATH TREATMENT PLANT
00 025-7260-410.35-14
00 010-6100-425.35-12
00 025-7100-410.30-90
III^ROVEMENT PROJECT
0001054 MOTOROLA CREDIT CORP.
11/15/1995 0000000 00/00/0000
0001.054 MOTOROLA CREDIT CORP.
11/15/1995 0000000 00/00/0000
2000004384
N
2000004385
N
0001647 MUNIMETRIX SYSTEMS CORP. 9511037
11/15/1995 0000000 00/00/0000 N
0000755 NATIONAL FIRE PROT.ASSOC. RE_G
11/15/1995 0000000 00/00/0000 N
0000770 O.K. ASSOC. INC.
11/15/1995 0000000 00/00/0000
0000795 PAGENET
11/15/1995 0000000 00/00/0000
0000795 PAGENET
11/15/1995 0000000 00/00/0000
0000795 PAGENET
11/15/1995 0000000 00/00/0000
0001981 PURSUIT
11/15/1995 0000000 00/00/0000
0000837 OUAST TREE SERVICE
11/15/1995 0000000 00/00/0000
0000822 SHARP BUILDING SUPPLY
11/15/1995 0000000 00/00/0000
0000822 SHARP BUILDING SUPPLY
11/15/1995 0000000 00/00/0000
4506
N
A605706
N
A605706
N
A605706
N
7342—IN
N
STMT
N
514747
N
51.3003
N
0000447 SO. CALIFORNIA EDISON CO. STMT
11/15/1995 0000000 00/00/0000 N
0000436 SO. CALIFORNIA GAS CD. STMT
11/15/1995 0000000 00/00/0000 N
0000925 TODD BAGL.EY LANDSCAPE
11/15/1995 0000000 00/00/0000
95-9.02/95-9.01.
N
AMOUNT
1,453.42
762.5G
300.00
25.96
285.18
44.00
50.52
25.26
110.34
300.00
59.04
12.48
5.199.61
7.06
646.00
k
PREPARED I m-15/1995.
PROGRAMS OM313U
16243251 �w,.�. City of b.._..,Jac i nto -PAGE 12
ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
3ROUP NUMBER
ACCOUNTING PERIODS
GROUP USER ANNE
00124 ACCOUNTS PAYABLE
O5/1996
tRANSt TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
6200 11/13/1995 001705
SOBOBA ROAD LANDSCAPE
6300 11/13/1995 001706
SOBOBA ROAD LANDSCAPE
6400 11/13/1995 001707
SOBOBA ROAD LANDSCAPE
6500 11/13/1995 001708
SOBOBA ROAD LANDSCAPE
6600 11/13/1995 001709
SOBOBA ROAD LANDSCAPE
6700 11/13/1995 001710
FAX NOTIFICATIONS
6800 11/13/1995 001711
VEHICLE ABATEMENT
COUNTS
AMOUNTS
00 025-7250-410.30-90
IMPROVEMENT PROJECT
00 025-7251-410.30-90
IMPROVEMENT PROJECT
00 025-7252-410.30-90
IMPROVEMENT PROJECT
00 010-4150-410.30-90
IMPROVEMENT PROJECT
00 081-9100-450.40-01
IMPROVEMENT PROJECT
00 050-9000-450.33-30
WATER DEPARTMENT
00 010-3210-431.30-90
GROUP TOTALS
67
38.089.56
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK4 CHECK DATE TYPE LAST TRANS
AMOUNT
0000925 TODD BAGLEY LANDSCAPE 95-9.02/95-9.01
11/15/1995 0000000 00/00/0000 N
0000925 TODD BAGLEY LANDSCAPE 95-9.02/95-9.01
11/15/1995 0000000 00/00/0000 N
0000925 TODD
11/15/1995 0000000
0000925 TODD
11/15/1995 0000000
0000925 TODD
11/15/1995 0000000
BAGLEY LANDSCAPE 95-9.02/95--9.01
00/00/0000 N
BAGLEY LANDSCAPE 95-9.02/95-9.01
00/00/0000 N
BAGLEY LANDSCAPE 95-9.02/95-9.01
00/00/0000 N
0000373 UNDERGROUND SERVICE ALERT 95100577
11/15/1995 0000000 00/00/0000 N
0000357 VALLEY AUTO SALVAGE. INC. STMT
11/15/1995 0000000 00/00/0000 N
726.00
158.00
637.00
100.00
305.00
28.75
125.00
PREPARED 11/15/1995. 16:43:51 City of San Jacinto PAGE 13
PROGRAMS GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
GROUP NUMBER
ACCOUNTING PERIODS
GROUP USER ANNE
00125 ACCOUNTS PAYABLE
05/1996
TRANS* TRANS DATE VOUCHER Elk ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
100 11/14/1995
KEYS -PUBLIC WORKS
200 11/14/1995
CHLORINE CYLINDERS
300 11/14/1995
CREDIT ON CYLINDERS
400 11/14/1995
LONG DISTANCE PHONE
500 11/14/1995
LONG DISTANCE PHONE
600 11/14/1995
ANNUAL BOND
700 11/14/1995
REPAIR TO MOWER
001712 00 010-4150-410.33-10
001713 00 050-9000-450.33-30
WATER DEPARTMENT
001714 00 050-9000-450.33-30
WATER DEPARTMENT
001715 00 010-3100-431.35-16
CHARGES
001716 00 010-2500-425.35-16
CHARGES
001717 00 096-9700-470.30-90
ADMINISTRATION FEE
001718 00 025-7100-410.33-30
PARKS DEPARTMENT
800 11/14/1995 001719
CITY TO CITY RECYCLING
900 11/14/1995
SIREN REPAIRS
00 066-8051-450.34-06
001720 00 010-3100-431.33-11
POLICE DEPARTMENT
1000 11/14/1995 001721
SEWER FEE COLLECTIONS
1100 11/14/1995
BACTERIAL ANALYSIS
1200 11/14/1995
BACTERIAL ANALYSIS
1300 11/14/1995
CITY'S MASTERCARD
1400 11/14/1995
LEGAL ADVERTISING
1500 11/14/1995
OFFICE SUPPLIES
00 065-0000-201.08-70
SEPTEMBER 1995
001722 00 050-9000-450.33-30
WATER DEPARTMENT
001723 00 050-9000-450.33-30
WATER DEPARTMENT
001724 00 096-9700-470.31-20
STATEMENT
001725 00 010-1110-411.36-25
001726 00 010-3300-431.21-10
FROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK: CHECK DATE TYPE LAST TRANS
0000946 A-1 LOCK 6 KEY SERVICE 20761
11/15/1995 0000000 00/00/0000
0000924 ALL PURE CHEMICAL
11/15/1995 0000000 00/00/0000
0000924 ALL PURE CHEMICAL
11/15/1995 0000000 00/00/0000
0000992 AT & T
11/15/1995 0000000 00/00/0000
0000992 AT & T
11/15/1995 0000000 00/00/0000
0001155 BANK OF AMERICA
11/15/1995 0000000 00/00/0000
0000637 C.F. JAESCHKE INC.
11/15/1995 0000000 00/00/0000
0000553 CITY OF HEMET
11/15/1995 0000000 00/00/0000
0000236 COM SER CO.
11/15/1995 0000000 00/00/0000
N
I917986
N
I18026
N
STMT
N
STMT
N
STMT
N
0'75024-00
N
REG
N
AMOUNT
01-008112-00100
N
0000460 EASTERN MUNI.WATER DIST. REO
11/15/1995 0000000 00/00/0000 N
0000949 E.S. BABCOCK & SONS
11/15/1995 0000000 00/00/0000
0000949 E.S. BABCOCK & SONS
11/15/1995 0000000 00/00/0000
0000499 FIRST INTERSTATE BANK
11/15/1995 0000000 00/00/0000
0000566 HEMET NEWS
11/15/1995 0000000 00/00/0000
0000600 HUBBS STATIONERY
11/15/1995 0000000 00/00/0000
58143
N
25296
N
STMT
N
]. 0295/266
N
285705
N
5.39
2.277.37
440.87-
23 . 4'2
34.45
26550.00
1.21.25
29,813653
90.00
346478.75
22.00
50.00
9.84
168.90
12.52
PREPARED 1.ii5/ 1995 . 16 S 43 S 51
PROGRAMS 0M313U
City of SaWJacinto
ACCOUNTS PAYABLE UPDATE LIST
`PAGE 14
REPORT NUMBER 11
GROUP NUMBER S 00125 ACCOUNTS PAYABLE
ACCOUNTING PERIODS 05/1996
GROUP USER ANNE
TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
PROJ F.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK* CHECK DATE TYPE LAST TRANS
1600 11/14/1995 001727 00
OFFICE SUPPLIES
1700 11/14/1995 001728 00
OFFICE SUPPLIES
1600 11/14/1995 001729 00
OFFICE SUPPLIES
1900 11/14/1995 001730 00
OFFICE SUPPLIES
2000 11/14/1995 001731
CAL —ID CELLULAR PHONE
2100 11/14/1995 001732
EVIDENCE EOUIPME_NT
2200 11/14/1995 001733
EVIDENCE EOUIF'MENT
2300 11/14/1995 001734
WATER METER SUPPLIES
2400 11/14/1995 001735
LONG DISTANCE SERVICES
2500 11/14/1995 001736
ALARM SERVICES
010-1100-411.21-10
010-1200-412.21-10
010-1100-411.21-10
010-2500--425.21-1.0
00 010-3100-431.35-17
CHARGES
00 010-3100-431.21-85
POLICE DEPARTMENT
00 010-3100-431.21-85
POLICE DEPARTMENT
00 050-9000-450.33-30
WATER DEPARTMENT
00 010-3100-431.35-17
00 010-2500-425.33-10
2600 11/14/1995 001737 00 010-3100-431.34-05
WARRANTY —RECORDER FOR PHONE LINES
2700 11/14/1995 001736
REPLACE BRAKE ON ENGINE
2800 11/14/1995 001739
CONTRACT SERVICES
2900 11/14/1995 001740
MEMBERSHIP/TRAINING OF
3000 11/14/1995 001741
PROPERTY TAXES
00 010-3200-431.33-50
641
00 010-1110-411.34-05
DEPUTY CITY CLERK
00 010-3100-431.30-16
EXECUTIVE P.D. OFFICERS
00 099-9700-470.40-01
BROWN STREET PROJECT
0000600 HUBBS STATIONERY
11/15/1995 0000000 00/00/0000
0000600 HUBBS STATIONERY
11/15/1995 0000000 00/00/0000
0000600 HUBBS STATIONERY
11/15/1995 0000000 00/00/0000
0000600 HUBBS STATIONERY
11/15/1995 0000000 00/00/0000
0000674 LA CELLULAR TELEPHONE
11/15/1995 0000000 00/00/0000
0000805 LYNN PEAVEY CO.
11/15/1995 0000000 00/00/0000
0000805 LYNN PEAVEY CO.
11/15/1995 0000000 00/00/0000
0000710 MARDEN—SUSCO
11/15/1995 0000000 00/00/0000
286472
N
286473
N
286501
N
286474
N
STMT
N
108470
N
107992
N
1190510
N
0002041 MCI RESIDENTIAL SERVICE STMT
11/15/1995 0000000 00/00/0000
0000963 PACIFIC ALARM SVC.
11/15/1995 0000000 00/00/0000
0001105 PACIFIC AREPCO INC.
11/15/1995 0000000 00/00/0000
0002016 PACIFIC EMPIRE
11/15/1995 0000000 00/00/0000
0000686 F'AMEL.A LEE
11/15/1995 0000000 00/00/0000
N
STMT
N
96766
N
21508
N
STMT
N
0002042 POLICE EXEC. RESEARCH FOR REG
11/15/1995 0000000 00/00/0000
0001173 R. WAYNE WATTS
11/15/1995 0000000 00/00/0000
N
051105785-2
N
AMOUNT
26.09
22.63
5.88
36.52
113.65
62.95
119.70
173.26
1.43
292.00
1,905.00
1,431.82
932.16
125.00
71.52
PREPARED 11/15/1995. 16:43:51 City of San Jacinto PAGE 15
PROGRAM! GM313U ACCOUNTS PAYABLE UPDATE_ LIST REPORT NUMBER 11
GROUP NUMBER
ACCOUNTING PERIOD:
GROUP USER ANNE
00125 ACCOUNTS PAYABLE
05/1996
TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK* CHECK DATE TYPE LAST TRANS
3100 11/14/1995 001742
JANITORIAL SUPPLIES
3200 11/14/1995 001743
JANITORIAL SUPPLIES
3300 11/14/1995 001744
OFFICE SUPPLIES
00 010-3100-431.21-30
00 010-3100-431.21-30
00 010-3100-431.21-10
3400 11/14/1995 001745 00 050-9000-450.33-30
REPAIR S.S.I.
3500 11/14/1995
OFFICE SUPPLIES
3600 11/14/1995
OFFICE SUPPLIES
3700 11/14/1995
OFFICE SUPPLIES
3800 11/14/1995
OFFICE SUPPLIES
WATER DEPARTMENT
001746 00
001747 00
001748 00
001749 00
3900 11/14/1995 001750
FINGERPRINTS ON RESERVE
4000 11/14/1995 001751
SERVICES -BATH TREATMENT
4100 11/14/1995 001752
SAN JACINTO & THIRD ST.
4200 11/14/1995 001753
SAN JACINTO & THIRD ST.
4300 11/14/1995 001754
COPIER MAINTENANCE
4400 11/14/1995 001755
COPIER MAINTENANCE
4500 11/14/1995 001756
COPIER MAINTENANCE
010-1700-417.21-10
010-3200-431.21-10
010-3300-431.21-1.0
010-4100-410.21-10
00 010-1210-412.21-10
APPLICANTS -POLICE DEPT.
00 050-9000-450.33-30
F'LPINT
00 099-9700-470.40-01
HOUSING PROJECT
00 099-9700-470.40-01
HOUSING PROJECT
00 010-3100-431.34-05
00 010-2500-425.34-05
00 010-2500-425.34--05
0000883 RIVERSIDE COUNTY SUPPLY 191853
11/15/1995 0000000 00/00/0000 N
0000883 RIVERSIDE COUNTY SUPPLY 191997
11/15/1995 0000000 00/00/0000 N
0000883 RIVERSIDE COUNTY SUPPLY 192490
11/15/1995 0000000 00/00/0000
0000452 SENSUS TECHNOLOGIES
11/15/1995 0000000 00/00/0000
0000440 SMART & FINAL
11/15/1995 0000000 00/00/0000
0000440 SMART & FINAL
11/15/1995 0000000 00/00/0000
0000440 SMART & FINAL
11/15/1995 0000000 00/00/0000
0000440 SMART & FINAL
11/15/1995 0000000 00/00/0000
0001182 STATE OF CALIFORNIA
11/15/1995 0000000 00/00/0000
0000360 VALLEY ELECTRIC
11/15/1995 0000000 00/00/0000
N
ZZ50027885
N
11.22910
N
112291.0
N
1122910
N
11.'1'191.0
N
103126
N
4893
N
0001994 WESTERN AMERICAN DESIGN REQ
11/15/1995 0000000 00/00/0000 N
0001994 WESTERN AMERICAN DESIGN REQ
11/15/1995 0000000 00/00/0000 N
0000307 XEROX CORPORATION
11/15/1995 0000000 00/00/0000
0000307 XEROX CORPORATION
11/15/1995 0000000 00/00/0000
0000307 XEROX CORPORATION
11/15/1995 0000000 00/00/0000
570293469
N
570224922
N
48721852
N
AMOUNT
109.24
10.64
51.13
146.24
16.47
18.48
18.48
18.48
68.00
40.00
7.500.00
18.126.78
107.67
534.62
283.10
PREPARED 11/15/1995. 16:43:51 City of Saii"Jacinto PAGE 16
PROGRAM: 0M313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 11
GROUP NUMBER i 00125 ACCOUNTS PAYABLE
ACCOUNTING PERIOD: 05/1996
GROUP USER ANNE
TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER
DESCRIPTION 1 DESCRIPTION 2
4600 11/14/1995 001757
ANNUAL BOND
4700 11/14/19,75 001758
WEED ABATEMENT
4600 11/14/1995 001759
WEED ABATEMENT
4900 11/14/1995 001760
OFFICE LEASE-312 E. MAIN
5000 11/14/1995 001761
MILEAGE REIMBURSEMENT
5100 11/14/1995 001762
CONTRACT SERVICES
5200 11/15/1995 001767
ANNUAL BACKFLOW TESTING
5300 11/15/1995 001768
ANNUAL BACKFLOW TESTING
COUNT:
AMOUNT:
00 096-9700-470.30-90
ADMINISTRATION FEE
00 010-3210-431.30-90
00 010-3210-431.30-90
00 010-2500-425.34-05
DECEMBER 1995
00 010-3100-431.31-25
POST REIMBURSABLE
00 010-3100-431.34-05
CITATIONS ISSUED
PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER
DUE DATE CHECK* CHECK DATE TYPE LAST TRANS
00 025-7100-410.30-90
TO REPLACE VOIDED CHECK
00 025-7250-410.30-90
TO REPLACE VOIDED CHECK
GROUP TOTALS
53
113.545.77
0001155 BANK OF AMERICA
11/15/1995 0000000 00/00/0000
0000648 KARL E. BUCHWITZ, DBA
11/15/1995 0000000 00/00/0000
0000648 KARL E. BUCHWITZ, DBA
11/15/1995 0000000 00/00/0000
0000296 DIVINE REAL ESTATES
11/15/1995 0000000 00/00/0000
0001514 JENNIFER ROYSTER
11/15/1995 0000000 00/00/0000
0001.517 PHOENIX GROUP
11/15/1995 0000000 00/00/0000
0001962 DEBBIE RAPPORT
11/15/1995 0000000 00/00/0000
0001962 DEBBIE RAPPORT
11/15/1995 0000000 00/00/0000
STMT
N
STMT
N
STMT
N
REQ
N
REQ
N
8084-00
N
STMT
N
STMT
N
AMOUNT
2.500.00
6,740.00
992.50
1,150.92
183.86
93.00
70.00
228.00
AGENDA ITEM NO.
CITY OF SAN JACINTO
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Bob Wilson, Fire Marshall
via Pamela S. Easter, City Manager
DATE: November 21, 1995
.�
SUBJECT: PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION
AND RELIEF
RECOMMENDATION
Adopt Ordinance No. and waive the reading in full, read by title only, and introduce
second reading of Ordinance No. Providing for the Administration of Disaster Operation
and Relief.
BACKGROUND
This ordinance will be part of our continuing effort to improve the response capabilities
of the City of San Jacinto during times of disaster, and to provide for the preparation and
carrying out of the protection of persons and property within the City.
The majority of an Emergency Program Manager's time is spent preparing for and
mitigating possible emergencies. How well these efforts are done will determine how well
our City can respond to and recover from an emergency.
h :1CC RPT-951DIsOprlf. adm
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JACINTO
PROVIDING FOR THE ADMINISTRATION OF
DISASTER OPERATION AND RELIEF IN THE
CITY OF SAN JACINTO
The City Council of the City of San Jacinto, County of Riverside, State of
California, do ordain as follows:
ARTICLE I. GENERAL PURPOSE
Section 1. Purposes. The declared purposes of this ordinance are to provide for
the preparation and carrying out of plans for the protection of persons and property within this
City in the event of an emergency; the direction of the emergency organization; and the
coordination of the emergency functions of this city with all other public agencies, corporations,
organizations, and affected private persons.
ARTICLE II. DEFINITIONS
Section 2.1. Definition. As used in this ordinance,"emergency" shall mean the
actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons
and property within this city caused by such conditions as air pollution, fire, flood, storm,
epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or
imminent threat of war, but other than conditions resulting from a labor controversy, which
conditions are or are likely to be beyond the control of the services, personnel, equipment, and
facilities of this City, requiring the combined forces of other political subdivisions to combat.
ARTICLE III. DISASTER COUNCIL MEMBERSHIP
Section 3.1. Disaster Council Membership. The City of San Jacinto Disaster
Council is hereby created. The Mayor will chair the Disaster Council and be a member of
Riverside County's Disaster Council, and shall consist of the following:
A. Mayor
B. City Manager
C. Police Chief
D. Finance Director
E. Community Development Director
F. Fire Marshal
ARTICLE IV. DISASTER COUNCIL POWERS
AND DUTIES
Section 4.1. Disaster Council Powers and Duties. It shall be the duty of the City
of San Jacinto Disaster Council, and it is hereby empowered, to develop and recommend for
adoption by the City Council, emergency and mutual aid plans and agreements and such
ordinances and resolutions and rules and regulations as are necessary to implement such plans
and agreements. The Disaster Council shall meet upon call of the chairman or, in his/her absence
from the City or inability to call such meeting, upon call of the vice chairman.
ARTICLE V. DIRECTOR AND ASSISTANT DIRECTOR
OF EMERGENCY SERVICES
Section 5.1. Director and Assistant Director of Emergency Services.
A. There is hereby created the Office of Director of Emergency Services. The City Manager
shall be the Director of Emergency Services.
B. There is hereby created the office of Assistant Director of Emergency Services, who shall be
appointed by the Director.
ARTICLE VI. POWERS AND DUTIES OF THE
DIRECTOR OF EMERGENCY SERVICES
Section 6.1. Powers and Duties of the Director and Assistant Director of
Emergency Services.
A. The director is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a "local
emergency" if the City Council is in session, or to issue such proclamation if the City Council
is not in session. Whenever a local emergency is proclaimed by the Director, the City
Council shall take action to ratify the proclamation within 7 days thereafter or the
proclamation shall have no further force or effect.
(2) Request the Governor to proclaim a "state of emergency" when, in the opinion of the
director, the locally available resources are inadequate to cope with the emergency.
(3) Control and direct the effort of the emergency organization of this City for the
accomplishment of the purposes of this ordinance.
(4) Direct operation between, and coordination of, services and staff of the emergency
organization of this City; and resolve questions of authority and responsibility that may arise
between them.
(5) Represent this City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein.
(6) In the event of the proclamation of a "local emergency" as herein provided, the
2
proclamation of a "state of emergency" by the Governor or the Director of the State Office of
Emergency Services, or the existence of a "state of war emergency," the director is hereby
empowered:
(a) To make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; provided, however,
such rules and regulations must be confirmed at the earliest practicable time by the
City Council.
(b) To obtain vital supplies, equipment, and such other properties found lacking
and needed for the protection of life and property and to bind the City for the fair
value thereof and, if required immediately, to commandeer the same for public
use.
(c) To require emergency services of any City officer or employee and, in the
event of the proclamation of a "state of war emergency" in the County in which
this City is located or the existence of a "state of war emergency," to command the
aid of as many citizens of this community as he deems necessary in the execution
of his duties; such persons shall be entitle to all privileges, benefits, and
immunities as are provided by state law for registered disaster service workers;
(d) To requisition necessary personnel or material of any city department or
agency; and
(e) To execute all of his/her ordinary power as City Manager all of the powers
conferred upon him/her by this ordinance or by resolution or emergency plan
pursuant hereto adopted by the City Council, all powers conferred upon him by
any statute, by any agreement approved by the City Council, and by any other
lawful authority.
B. The Director of Emergency services shall designate the order of succession to that office, to
take effect in the event the director is unavailable to attend meetings and otherwise perform
his/her duties during an emergency. Such order of succession shall be:
1. Fire Marshal
2. Police Chief
3. Finance Director
C. The assistant director shall, under the supervision of the director and with the assistance of
emergency service chiefs, develop emergency plans and manage the emergency programs of this.
City; and shall have such other powers and duties as may be assigned by the director.
ARTICLE VII. EMERGENCY ORGANIZATION
Section 7.1. Emergency Organization. All officers and employees of this City,
together with those volunteer forces enrolled to aid them during an emergency, and all groups,
organizations, and persons who may be agreement or operation of law, including persons
impressed into service under the provisions of SEC. 6.A.(6)(c) of this ordinance, be charged with
duties incident to the protection of life and property in this City during such emergency, shall
constitute the emergency organization of the City of San Jacinto.
ARTICLE VIII. EMERGENCY PLAN
Section 8.1. Emergency Plan. The City of San Jacinto Disaster Council
shall be responsible for the development of the City of San Jacinto Emergency Plan which plan
shall provide for the effective mobilization of all of the resources of this city, both public and
private, to meet any condition constituting a local emergency, state of emergency, or state of war
emergency; and shall provide for the organization, powers and duties, services, and staff of the
emergency organization. Such plan shall take effect upon adoption by resolution of the City
Council.
ARTICLE IX. EXPENDITURES
Section 9.1. Expenditures. Any expenditures made in connection with emergency
activities, including mutual aid activities, shall be deemed conclusively to be for the direct
protection of the City of San Jacinto.
ARTICLE X. PUNISHMENT OF VIOLATIONS
Section 10.1. Punishment of Violation. It shall be a misdemeanor, punishable by a fine of
not to exceed five hundred dollars ($500), or by imprisonment for not to exceed six months, or
both, for any person, during an emergency, to:
A.
B.
C.
Willfully obstruct, hinder, or delay any member of the emergency organization in
the enforcement of any lawful rule or regulation issued pursuant to this ordinance,
or in the performance of any duty imposed upon him by virtue of this ordinance.
Do any act forbidden by any lawful rule or regulation issued pursuant to this
ordinance, if such act is of such a nature as to give or be likely to give assistance to
the enemy or to imperil the lives or property of inhabitants of this city, or to
prevent, hinder, or delay the defense or protection thereof.
Wear, carry, or display, without authority, any means of identification specified by
the emergency agency of the State.
4
ARTICLE XI. REPEAL OF CONFLICTING
ORDINANCES
Section 11.1. Repeal of Conflicting Ordinances. Any previous Ordinance covering this subject
is hereby repealed.
ARTICLE XII. EFFECTIVE DATE
Section 12.1. Effective Date. This ordinance shall become effective thirty (30) days from and
after its passage.
ARTICLE XIII. SEVERABILITY
Section 13.1. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications, and
to this end the provisions of this ordinance are declared to be severable.
Introduced at a regular meeting of said City Council on the 7th day of November, 1995.
Moved, Passed and Adopted at a regular meeting of the City Council on the 21st day of
November 1995 by the following vote:
AYES:
NOES:
AB SENT:
ABSTAIN:
Mayor
ATTEST:
Deputy City Clerk
5
CERTIFICATE
STATE OF CALIFORNIA,
COUNTY OF RIVERSIDE,
CITY OF SAN JACINTO,
I hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City
Council of the City of San Jacinto at a regular meeting thereof held on the day of
1995.
WITNESS my hand and official of the City of San Jacinto this day of 1995.
Deputy City Clerk
6
AGENDA ITEM NO. 5 - 5
TO:
FROM:
DATE:
SUBJECT:
CITY OF SAN JACINTO
STAFF REPORT
Honorable Mayor and Members of the City Council
Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
November 21, 1995
ADOPTION OF ORDINANCE
AMENDING DEVELOPMENT AGREEMENT 1-89
ORDINANCE 1017
DESCRIPTION
An amendment to Development Agreement 1-89, pertaining to allowable house sizes and
the Development/Design Guidelines within Rancho San Jacinto Phase II.
RECOMMENDATION
Adopt Ordinance No. 1017 amending Development Agreement 1-89, waive the reading
of the Ordinance in full and read by title only.
BACKGROUND
Ordinance No. 1017 was introduced by the City Council on November 7, 1995.
CCRPT-95\ADOR1017
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO AMENDING DEVELOPMENT AGREEMENT 1-89 MADE
BETWEEN THE CITY AND PR EQUITIES, LTD, DATED SEPTEMBER
19, 1989, AND RECORDED ON NOVEMBER 30, 1989 AND
AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE
DEVELOPMENT AGREEMENT ATTACHED HERETO AS EXHIBIT
"A"
WHEREAS, on September 19, 1989, the City Council adopted Ordinance No. 873,
approving Development Agreement 1-89, affecting real property known as the Rancho San
Jacinto Specific Plan; and
WHEREAS, parties of the agreement now desire to amend Development Agreement 1-89
to modify certain minimum floor and average minimum floor areas for dwellings within two of the
master pads located within Phase II of the Rancho San Jacinto Specific Plan; and
WHEREAS, on October 11, 1995, the Planning Commission, after proper notice held a
public hearing on the request to amend Development Agreement 1-89. The City Council, after
providing public notice as prescribed by law, similarly held a public hearing on November 7,
1995; and
WHEREAS, pursuant to paragraph 4.5 of Development Agreement 1-89, changes and
amendments may be made to the Development Agreement when said changes are found to be
appropriate and mutually desirable.
NOW THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Sections 65864 - 65869.5 of the Government Code of the State of California
permits the City to enter into a Development Agreement with a property owner.
SECTION 2. Ordinance No. 831 of the City established the rules and procedures for the
consideration of Development Agreements.
SECTION 3. The City Council does hereby approve the amendment to Development
Agreement 1-89 attached hereto and incorporated as a part hereof as Exhibit "A".
SECTION &The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published in a newspaper of general circulation printed and published in the County
of Riverside, State of California.
Introduced at a regular meeting of said City Council on the 7th day of November, 1995.
MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the _ day
of , 1995 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST
Mayor Deputy City Clerk
CERTIFICATE
STATE OF CALIFORNIA,
COUNTY OF RIVERSIDE,
CITY OF SAN JACINTO,
I hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City
Council of the City of San Jacinto at a regular meeting thereof held the day of
1995.
City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Jacinto
City Clerk's Office
312 E. Main Street
San Jacinto, Ca 92583
AMENDMENT TO DEVELOPMENT AGREEMENT
(California Government Code Sections 65864-65869.5)
This Second Amendment to Development Agreement 1-89 is entered into this
day of , 19_, by and between TMP Homes, LLC ("Owner"), and the
CITY OF SAN JACINTO, a Municipal Corporation ("City"). It is the purpose of this
Agreement to amend that certain DEVELOPMENT AGREEMENT, dated September 19,
1989, and recorded as Instrument No. 419784 on November 30, 1989, Records of
Riverside County, California.
RECITALS
WHEREAS, on September 19, 1989, the City Council of the City of San Jacinto
adopted Ordinance No. 873, approving Development Agreement 1-89, which agreement
was recorded November 30, 1989 as Instrument No. 419784, Records of Riverside
County, and
WHEREAS, the parties above now desire to amend Development Agreement 1-89
to provide for certain minimum floor and minimum average floor areas per dwelling within
Tract 24053 and Tract 26427 of Phase II of the Rancho San Jacinto Specific Plan, and
WHEREAS, on October 11,1995, CITY'S Planning Commission, after proper notice
held a public hearing on this Agreement to Amend the Development Agreement. The City
Council, after providing public notice as required by law, similarly held a public hearing
on November 7, 1995, and
WHEREAS, pursuant to Paragraph 4.5 of the Development Agreement, changes
and amendments may be made to Development Approvals when the same are found to
be appropriate and mutually desirable.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. This Agreement shall effect the property described as Tentative Tracts
24053, and 26427, both contained within the Rancho San Jacinto Specific Plan as
described in the attached Exhibit "A", hereto, excluding therefrom the area north of
Commonwealth and Esplanade Avenues, City of San Jacinto, California.
2. The Development Agreement dated September 19, 1989 and recorded
November 30, 1989 as Instrument No. 419784 shall be and is hereby amended by adding
thereto at Exhibit "A" entitled "Existing Developmental Approvals", the addendum attached
hereto, and entitled as follows:
Addendum 1995-1 to Exhibit "A"
"Required Minimum and Minimum Average Floor Areas Rancho San Jacinto
Phase II"
This Agreement has been executed by the parties at San Jacinto, California, on the
day and year first above written.
CITY OF SAN JACINTO, a
Municipal Corporation
By:
David Solorio, Mayor
TMP LANDS LLC
By:
By:
Officer
Officer
COMMUNITY FACILITIES DISTRICT NO. 2
MELLO-MOOS COMMUNITY FACILITIES ACT OF 1982
SAN JACINTO VALLEY DEVELOPMENT
LEGAL DESCRIPTION
A portion of the H.T. Hewitt's Addition to San Jacinto as
shown by Map on file in Book 13 of Maps, Page 624, Records of San
Diego County, California, a portion of the resubdivision of the
H.T. Hewitt's Addition to San Jacinto as shown by Map on file in
Book 2 of Maps, Page 43, Records of Riverside County, California,
a portion of the Kumler Ranch Tract Addition as shown by Map on
file in Book 8 of Maps, Page 52, Records of Riverside County,
California, and a portion of Lands of the Hemet Land Company as
shown by Map on file in Book 1 of Maps, Pages 14 and 15, Records
of Riverside County, California, lying within Sections 35 and 36,
Township 4 South, Range 1 West, Sections 1 and 2, Township 5
South, Range 1 West and Sections 6, Township 5 South, Range 1
East, San Bernardino Base and Meridian, described as follows:
Beginning at the centerline intersection of Hewitt Street
and Evans Street (formerly known as Third Street), as said
intersection is shown on Record of Survey on file in Book 60 of
Records of Survey, Page 23, said Riverside County Records;
Thence South 89'45'46" East along said centerline of Evans
Street a distance of 4805.36 feet to an intersection with the
centerline of Old Mountain Avenue);
Thence South 44'52'47" East along said centerline of Old
Mountain Avenue a distance of 839.98 feet to an intersection with
the Northerly prolongation of the west line of that certain
parcel of land described in Deed recorded October 7, 1959, as
Instrument No. 85936, Official Records of said Riverside County;
Thence South 00'06'05" East along said prolongation and West
line, and its Southerly prolongation, a distance of 477.53 feet
to an intersection with the centerline of Tanner Street (formerly
known as Sixth Street);
Thence North 89'53'12" East along said centerline of Tanner
Street, a distance of 473.75 feet to an intersection with the
centerline of the aforementioned Mountain Avenue;
Thence South 44'53'09" East along said centerline of
Mountain Avenue, a distance of 1537.16 feet to an intersection
with the centerline of Commonwealth Avenue;
Thence South 44'52'20" East along said centerline of Moun-
tain Avenue a distance of 1066.58 feet to an intersection with
the Easterly prolongation of the Southerly line of Lot 2, Block
93, of Lands of the Hemet Land Company as shown by Map on file i
Book 1 of Maps, Pages 14 and 15, said Riverside County Records;
Exhibit A
page 1
COMMUNITY FACILITIES DIST. NO. 2 - LEGAL DESCRIPTION (cont.)
Thence North 89'18'03" West along said prolongation and
Southerly line a distance of 786.58 feet to an intersection wit
the centerline of Meridian Street;
Thence South 00'15'14" West along said centerline of
Meridian Street a distance of 746.22 feet to the intersection
with the centerline of Washington Avenue;
Thence South 89'52'21" West along said centerline of
Washington Avenue a distance of 6217.59 feet to an intersection
with the centerline of Vienna Street as vacated by Resolution
the Riverside County Board of Supervisors recorded January 29,
1921, in Book 542 of Deeds, Page 28, Records of said Riverside
County, California;
Thence North 00'08'40" West along said centerline of Vienna
Street (vacated) a distance of 1495.07 feet to an intersection
with the centerline of said Commonwealth Avenue;
Thence South 89'53'49" West along said centerline of Common-
wealth Avenue a distance of 673.34 feet to an intersection with
the centerline of said Hewitt Street;
Thence North 00'39'47" West along said centerline of Hewitt
Street a distance of 2193.40 feet to the point of beginning.
CONTAINING A CALCULATED AREA OF 511.009 ACRES, MORE OR LESS.
Excepting therefrom the Easterly 100.00 feet of the Westerly
134.26 feet of the Southerly 100.00 feet of Lot 30 of said H.T.
Hewitt's Addition to San Jacinto.
Also excepting therefrom the South 350.00 feet
30.00 feet of Lot A designated as Kumler Street, the
feet of Lot 4, and Lot 6, all being as shown on said
Tract Addition.
of the West
South 380.00
Kumler Ranch
Also excepting therefrom that portion of said Lot 2, Block
93, Lands of Hemet Land Company, described in the Deed to
Riverside County Flood Control and Conservation District recorded
December 30, 1986, as Instrument No. 333509, Official Records of
said Riverside County, California.
CONTAINING A CALCULATED NET AREA OF 503.658 ACRES, MORE OR LESS.
Exibit A
na.ge 2
ADDENDUM 1995-1 TO EXHIBIT A
"EXISTING DEVELOPMENT PROPOSALS"
DEVELOPMENT AGREEMENT 1-89, AMENDMENT NO. 2
"REQUIRED MINIMUM AND MINIMUM AVERAGE FLOOR AREAS
RANCHO SAN JACINTO PHASE II"
Tract Lot Size Total Lots
#24050 5000 sf 83
#24051 5000 sf 64
#24052 6000 sf 117
Sub -Total 264
#24054
#24055
#26426
#26427
#24053
#24056
#24057
6000 sf 124
7200 sf 47
7200 sf 73
7200 sf 92
Sub -Total 336
7200 sf 84
7200 sf 103
7200 sf 92
Sub -Total 279
Total 879
Floor Area
Minimum floor area:
Minimum average:
Total floor area:
Minimum floor area:
Minimum average:
Total floor area:
(*Min. flr. area for Tract 26427 -
Minimum floor area:
Minimum average:
Total floor area:
1207 sf)
1,231 sf
1,400 sf
369,600 sf
*1,360 sf
1,600 sf
537,600 sf
1,500 sf
1,750 sf
488,250 sf
1,395,450 sf
S A N
JACINTO
5-cat
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Rod Butler, Assistant to the City Manager
Via: Pamela Easter, City Manager
DATE: November 21, 1995
RE: COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT
AGREEMENTS --JOBS UNLIMITED AND ALLIANCE FOR THE
MENTALLY ILL
Recommendation
Approve the Community Development Block Grant Subrecipient Agreements as
presented and authorize the Mayor to execute them.
Background
Earlier this year the City Council approved allocations of Fiscal Year 1995-96 Community
Development Block Grant public service monies to Phoenix Programs/Jobs Unlimited
and the Alliance for the Mentally Ill in the following amounts:
Phoenix Programs/Jobs Unlimited: $12,858
Alliance for the Mentally Ill: $10,000
The Jobs Unlimited project will provide job training and placement for 60 people who are
either homeless, unemployed, mentally disabled or substance abusers. The program
consists of classroom training, transitional employment, support aide and job
development. CDBG funds will be used to pay operational costs associated with
providing the service. The Alliance for the Mentally Ill project will establish a storefront
transitional training and employment center for recovering mental health clients.
Now that the Riverside County Economic Development Agency and the United States
Department of Housing and Urban Development have approved San Jacinto's CDBG
program for FY 1995-96, Jobs Unlimited and the Alliance are ready to begin their
projects, incur costs, and receive reimbursements. The final step is the approval of the
standard "subrecipient agreements" (attached), which simply establish the conditions
1
under which the two private agencies may receive CDBG funds from San Jacinto's
annual allocation. The agreements are identical to those used in past years and have
proven to do a good job of outlining the relationships between the County, the City and
the Subrecipient agencies.
The staff recommendation is that the Council approve the two Subrecipient agreements
as presented and authorize the Mayor to execute them.
2
CDBG SUBRECIPIENT AGREEMENT
This Agreement is made this 21st day of November, 1995, by and between the City of
San Jacinto, a municipal corporation (hereinafter referred to as "City"), and Jobs
Unlimited/Phoenix Programs, Incorporated (hereinafter referred to as "Subrecipient").
RECITALS
WHEREAS, the City has elected to participate with the County of Riverside, which
County has qualified as an urban county for purposes of receiving Community
Development Block Grant (CDBG) funds, to assist and undertake essential community
development and housing assistance activities pursuant to the Housing and Community
Development Act of 1974; and
WHEREAS, with the approval of the County's Economic Development Agency, the
City has delegated a portion of its CDBG allocation in the delegated amount of $12,858
to be used by the Subrecipient for the purposes as stated in the attached Exhibit "A";
and
WHEREAS, residents of the City directly benefit from the services provided by
Subrecipient, and at least 51 percent of those benefiting from Subrecipient's services
qualify as low and moderate income persons;
NOW, THEREFORE, IT IS AGREED:
1. TERM --The term of this agreement for the project shall be for a period of one
year commencing July 1, 1995. If completion of the project services by the
Subrecipient cannot be made by the Subrecipient within the specified term, due
to unforseen or uncontrollable circumstances, the term may be extended at the
sole discretion of the City. If substantial progress toward completion, as
determined by the City, is not made during the term of this Agreement, the
entitlement funds may be re -programmed by the City after appropriate notice is
given to the Subrecipient.
2. FUNDS —City agrees to provide the Subrecipient with funds equal to the amount
allocable by the City from the City's entitlement of CDBG funds, as stated above,
subject to the approval of the County Economic Development Agency. The City
shall reimburse only such amounts to the Subrecipient as are duly documented
by written request of the Subrecipient, evidenced with copies of appropriate
invoices and paid receipts or cancelled checks. Funds may be reimbursed only
for those verified expenses for the eligible uses and purposes described in the
attached Exhibit "A." Expenses incurred by the Subrecipient before the County's
authorization date of July 1, 1995 or any expenses determined by the City to be
1
unrelated to the approved CDBG project are ineligible and are not reimbursable
_ by the City to the Subrecipient. City may advance reimbursement amounts to the
Subrecipient from the City's General Fund, subject to reimbursement from CDBG
allocations from the County.
DISCRIMINATION--Subrecipient shall provide services on a first -come, first -
served basis to all residents of the City of San Jacinto who need and request
such services, so long as economic resources permit. Subrecipient shall abide
by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations
which requires that no person in the United States shall, on the grounds of race,
color, national origin, or sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded
in whole or in part with Community Development Block Grant funds.
LICENSING--Subrecipient agrees to obtain and maintain all licenses, registrations,
accreditation and inspections from all agencies governing its operations.
Subrecipient shall insure that its staff shall also obtain and maintain all required
licenses, registrations, accreditation and inspections from all agencies governing
subrecipient's operations hereunder.
5. VERIFICATION OF INCOME--Subrecipient shall supply such records as
necessary to verify low and moderate income status of clients, and shall provide
such data to the City upon request.
6. RECORDS--Subrecipient shall maintain records as to the use and expenditure of
funds under this Agreement and shall make such records available for inspection
and copying during normal business hours by the City, the County, or by the
Department of Housing and Urban Development.
7 INDEPENDENT CONTRACTOR--Subrecipient and its agents, servants and
employees shall act at all times in an independent capacity during the term of this
Agreement, and shall not act as, shall not be, nor shall they in any manner be
construed to be the agent, officer or employee of the City or the County.
8. INDEMNIFICATION--Subrecipient shall indemnify and hold the City harmless from
all claims, damages or liability, including all reasonable attorney's fees and costs
incurred in defending any claims arising out of or in connection with Subrecipient's
project or activities, including but not by way of limitation any action or claim for
worker's compensation.
9. TERMINATION --
A) Subrecipient may not terminate this Agreement or avoid any obligation
imposed herein without the express written consent of the City.
2
B) Notwithstanding the above provision, the City may suspend or terminate
this Agreement upon written notice to the Subrecipient of the following:
i) In the event that the Subrecipient fails to perform the covenants
contained in this Agreement; and/or
ii) In the event there is a conflict with any federal, state, or local law or
regulation rendering any of the provisions of this Agreement invalid
or untenable; and/or
iii) In the event that funding from the Department of Housing and Urban
Development is terminated or otherwise becomes unavailable.
C) Upon suspension or termination of this Agreement (and without waiver by
City of any breach hereof by Subrecipient), Subrecipient agrees to return
any unencumbered funds which it has been provided by the City.
10. CONFLICT OF INTEREST--Subrecipient shall familiarize itself with CDBG
regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached
hereto as Exhibit "C1." Subrecipient, its assigns, employees, agents, consultants,
and officers shall comply with and shall not violate any provision of the attached
Exhibit C1. Any violation of this section shall be deemed a material breach of this
Agreement and the Agreement shall be immediately terminated by the City.
11. ELIGIBILITY --As to Subrecipient or its claimants, the City shall bear no liability for
any later determination by the County or by the United States Government, the
Department of Housing and Urban Development or any other person or entity that
the City or Subrecipient is or is not eligible under 24 CFR Part 570 to receive
CDBG funds.
12. ASSIGNABILITY--Subrecipient shall not assign or transfer any interest in this
Agreement, whether by assignment, delegation, or novation, without the prior
written consent of the City; provided however, that claims for money due or to
become due to Subrecipient from the City under this Agreement may be assigned
to a bank, trust company, or other financial institution, or to a trustee in
bankruptcy, without such approval. Any assignment, delegation, or novation other
than as provided above shall be void and inoperative. Notice of any proper
assignment or transfer shall be promptly furnished to the City.
This Agreement contains the entire agreement of the parties and supersedes all other
prior negotiations, understandings, or agreements. This agreement may only be
modified by the written agreement of the parties.
CITY OF SAN JACINTO
BY:
Mayor
SUBRECIPIENT/PHOENIX PROGRAMS, INCORPORATED
BY:
4
EXHIBIT A
Page 1
SPONSOR'S AGREEMENT
Sponsor: City of San Jacinto
Address: p.O. Box 488. San Jacinto. CA 92581
Project Title: Jobs Unlimited
Location: City-wide. San Jacinto. CA 925
FILE:3.SJ038
Description:
The program will provide job training and placement for 60 people who ar
either homeless, unemployed, mentally disabled or substance abusers. Thy
program consists of classroom training, transitional employment, suppor
aide and job development. CDBG funds will be used to play operationa
cost associated with providing the service.
This project serves limited clientele; therefore, the attached documen
for Direct Benefits needs to be filled out and submitted to the County o:
Riverside EDA on a monthly basis. Should there be no service rendered
submit a form indicating NO SERVICE
Project Budget:
Cost CDBG Approved
1) Architect/Engineer Design Costs $ $
2) Administration Costs
3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation Costs
7) Equipment Costs
8) Other Costs
9) Operation/Maintenance 12.858
0) Contingency
TOTAL
$ S 12.858
EXHIBIT A
Page 2
imetable Implementation Schedule
Milestone
FILE:3.SJ
Start Date Completion D
Begin Project 7/1/95 6/30/96
Semi -Annual Monitoring Report 12/1/95 12/31/95
EDA Site Visit 1/1/96 1/31/96
EXHIBIT A
Page 3
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside
2. APPLICATION/GRANT NUMBI
B-95-UC-06-0506
PROJECT SUMMARY
3. PERIOD OF APPLICABILITY
FROM TO
July 1. 1995
5. NAME OF PROJECT
Jobs Unlimited
June 30, 1996
6. PROJECT NUMBER
3.SJ038
8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT
City of San Jacinto
FILE:3.S,
4. X Original (each year)
_Revision, Date
_Amendment, Date
7. ENVIRONMENTAL REVIEW ST2
Exempt
THE PROJECT 9. TELEPHONE NUN
(909) 487-i
10. DESCRIPTION OF PROJECT
The program will provide job training and placement for 60 people who
either homeless, unemployed, mentally disabled or substance abusers.
program consists of classroom training, transitional employment, supF
aide and job development. CDBG funds will be used to play operational c
associated with providing the service.
ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a) (2) (i)
11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S)
100% L/M
_2. ANTICIPATED ACCOMPLISHMENTS
Provision of job training for targeted client groups.
13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in
(List component activities using names CDBG
of activities shown in Part A, COST Low/Mod Other Amount
SUMMARY. Form HUD-7067.) Benefit Benefit
(a)
thousands of
OTHER
Source
(b) (c) (d) (e)
$ $ $
Public Service 12 858
14. Totals
$12.858 $ S
1.5. Total Costs To Be Paid With Community Development Grant Funds
(Sum of Columns b and c) S12.858
EXHIBIT Cl
(a) Applicability.
(1) In the procurement of supplies, equipment,
construction, and services by recipients, and by
subrecipients (including those specified at Section
570.204(c)), the conflict of interest provisions in
24 CFR 85.36 and OMB Circular A 110, respectively,
shall apply.
(2) In all cases not governed by 24 CFR 85.36 and
OMB Circular A 110, the provisions of this section
shall apply. Such cases include the acquisition and
disposition of real property and the provision of
assistance by the recipient, by its subrecipients,
or to individuals, businesses and other private
entities under eligible activities which authorize
such assistance (e.g., rehabilitation, preservation,
and other improvements of private properties or
facilities pursuant to Section 570.202, or grants,
loans and other assistance to businesses,
individuals and other private entities pursuant to
Section 570.203, Section 570.204 or Section
570.455).
(b) Conflicts prohibited. Except for the use of CDBG funds
to pay salaries and other related administrative or personnel
costs, the general rule is that no persons described in paragraph
(c) of this section who exercise or have exercised any functions or
responsibilities with respect to CDBG activities assisted under
this part or who are in a position to participate in a decision
making process or gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit
from CDBG assisted activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have
family or business ties, during their tenure or for one year
thereafter. For the UDAG program, the above restrictions shall
apply to all activities that are a part of the UDAG project, and
shall cover any such interest or benefit during, or at any time
after, such person's tenure.
(c)
paragraph
employee,
appointed
agencies,
part.
Person's covered. The conflict of interest provisions of
(b) of this section apply to any person who is an
agent, consultant, officer, or elected official or
official of the recipient, or of any designated public
or subrecipients which are receiving funds under this
PAGE 1 OF 4
(5)
(d) Exceptions: threshold requirements. Upon the written
request of the recipient, HUD may grant an exception to the
provisions of paragraph (b) of this section on a case -by -case basis
when it determines that such an exception will serve to further the
purposes of the Act and the effective and efficient administration
of the recipient's program or project. An exception may be
considered only after the recipient has provided the following:
(1) A disclosure of the nature of the conflict,
accompanied by an assurance that there has been
public disclosure of the conflict and a description
of how the public disclosure was made; and
(2) An opinion of the recipient's attorney that the
interest for which the exception is sought would not
violate state or local law.
(e) Factors to be considered for exceptions. In determining
whether to grant a requested exception after the recipient has
satisfactorily met the requirements of paragraph (d) of this
section, HUD shall consider the cumulative effect of the following
factors, where applicable:
(1) Whether the exception would provide a significant
cost benefit or an essential degree of expertise to
the program or project which would otherwise not be
available;
Whether an opportunity was provided for open
competitive bidding or negotiation;
Whether the person affected is a member of a group
or class of low or moderate income persons intended
to be the beneficiaries of the assisted activity,
and the exception will permit such person to receive
generally the same interests or benefits as are
being made available or provided to the group or
class;
(4) Whether the affected person has withdrawn from his
or her functions or responsibilities, or the
decision making process with respect to the specific
assisted activity in question;
Whether the interest or benefit was present before
the affected person was in a position as described
in Paragraph (b) of this section;
PAGE 2 OF 4
(6) Whether undue hardship will result either to the
recipient or the person affected when weighed
against the public interest served by avoiding the
prohibited conflict; and
(7) Any other relevant considerations.
TOPIC: CONFLICT OF INTEREST CODED
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: OCTOBER 1989
This Conflict of Interest Code is written to comply with Federal
Regulations (24 CFR Part 85). These regulations, "Administrative
Requirements for Grants and Cooperative Agreements to State, Local
and Federally Recognized Indian Tribal Governments" require that
grantees and sub -grantees will maintain a written code of standards
of conduct governing the performance of their employees engaged in
the award and administration of contracts.
(1) No employee, officer or agent of the grantee shall
participate in the selection, in the award or in the administration
of a contract supported by federal funds if a conflict of interest,
real or apparent, would be involved.
(2) Such a conflict will arise when:
i) The employee, officer or agent;
ii) Any member of the immediate family;
iii) His/Her partners, or;
iv) An organization which employs, or is about to employ
any of the above, has a financial or other interest
in the firm's selection for award.
(3) The grantee's or sub -grantee's officers, employees or
agents will neither solicit nor accept gratuities, favors or
anything of monetary value from contractors or parties to sub -
agreements except as noted in Section 4.
(4) A grantee's or sub -grantee's officers, employees or
agents will be presumed to have a financial interest in a business
if their financial interest exceeds the following:
PAGE 3 OF 4
i) Any business entity in which the official has a
direct or indirect investment worth one thousand
dollars ($1,000.00) or more.
ii) Any real property in which the official has a direct
or indirect interest worth one thousand dollars
($1,000.00) or more.
iii) Any source of income, other than gifts and other
than loans by a commercial lending institution in
the regular course of business on terms available
to the public without regard to official status,
aggregating two hundred fifty dollars ($250.00) or
more in value provided to, received by or promised
to the official within 12 months prior to the time
when the decision is made.
iv) Any business entity in which the official is a
director, officer, partner, trustee, employee, or
holds any position of management.
v) Any donor of, or any intermediary or agent for a
donor of, a gift or gifts aggregating two hundred
dollars ($250.00) or more in value provided to,
received by, or promised to the official within 12
months prior to the time when the decision is made.
(5) For purposes of Section 4, indirect investment or
interest means any investment or interest owned by the spouse or
dependent child of an official, by an agent on behalf of an
official, or by a business entity or trust in which the official,
the official's agents, spouse, and dependent children own directly,
indirectly, or beneficially a 10 percent interest or more.
PAGE 4 OF 4
CERTIFICATION
I, , have received a copy of the
Subrecipient Community Development Block Grant Entitlement Program
Handbook dated August 1990.
Signature Dated
CDBG SUBRECIPIENT AGREEMENT
This Agreement is made this 21st day of November, 1995, by and between the City of
San Jacinto, a municipal corporation (hereinafter referred to as "City"), and the Alliance
for the Mentally III (hereinafter referred to as "Subrecipient").
RECITALS
WHEREAS, the City has elected to participate with the County of Riverside, which
County has qualified as an urban county for purposes of receiving Community
Development Block Grant (CDBG) funds, to assist and undertake essential community
development and housing assistance activities pursuant to the Housing and Community
Development Act of 1974; and
WHEREAS, with the approval of the County's Economic Development Agency, the
City has delegated a portion of its CDBG allocation in the delegated amount of $10,000
to be used by the Subrecipient for the purposes as stated in the attached Exhibit "A";
and
WHEREAS, residents of the City directly benefit from the services provided by
Subrecipient, and at least 51 percent of those benefiting from Subrecipient's services
qualify as low and moderate income persons;
NOW, THEREFORE, IT IS AGREED:
1. TERM --The term of this agreement for the project shall be for a period of one
year commencing July 1, 1995. If completion of the project services by the
Subrecipient cannot be made by the Subrecipient within the specified term, due
to unforseen or uncontrollable circumstances, the term may be extended at the
sole discretion of the City. If substantial progress toward completion, as
determined by the City, is not made during the term of this Agreement, the
entitlement funds may be re -programmed by the City after appropriate notice is
given to the Subrecipient.
2. FUNDS --City agrees to provide the Subrecipient with funds equal to the amount
allocable by the City from the City's entitlement of CDBG funds, as stated above,
subject to the approval of the County Economic Development Agency. The City
shall reimburse only such amounts to the Subrecipient as are duly documented
by written request of the Subrecipient, evidenced with copies of appropriate
invoices and paid receipts or cancelled checks. Funds may be reimbursed only
for those verified expenses for the eligible uses and purposes described in the
attached Exhibit "A." Expenses incurred by the Subrecipient before the County's
authorization date of July 1, 1995 or any expenses determined by the City to be
1
unrelated to the approved CDBG project are ineligible and are not reimbursable
by the City to the Subrecipient. City may advance reimbursement amounts to the
Subrecipient from the City's General Fund, subject to reimbursement from CDBG
allocations from the County.
3 DISCRIMINATION--Subrecipient shall provide services on a first -come, first -
served basis to all residents of the City of San Jacinto who need and request
such services, so long as economic resources permit. Subrecipient shall abide
by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations
which requires that no person in the United States shall, on the grounds of race,
color, national origin, or sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded
in whole or in part with Community Development Block Grant funds.
4. LICENSING--Subrecipient agrees to obtain and maintain all licenses, registrations,
accreditation and inspections from all agencies governing its operations.
Subrecipient shall insure that its staff shall also obtain and maintain all required
licenses, registrations, accreditation and inspections from all agencies governing
subrecipient's operations hereunder.
5. VERIFICATION OF INCOME--Subrecipient shall supply such records as
necessary to verify low and moderate income status of clients, and shall provide
such data to the City upon request.
6. RECORDS--Subrecipient shall maintain records as to the use and expenditure of
funds under this Agreement and shall make such records available for inspection
and copying during normal business hours by the City, the County, or by the
Department of Housing and Urban Development.
7. INDEPENDENT CONTRACTOR--Subrecipient and its agents, servants and
employees shall act at all times in an independent capacity during the term of this
Agreement, and shall not act as, shall not be, nor shall they in any manner be
construed to be the agent, officer or employee of the City or the County.
8. INDEMNIFICATION--Subrecipient shall indemnify and hold the City harmless from
all claims, damages or liability, including all reasonable attorney's fees and costs
incurred in defending any claims arising out of or in connection with Subrecipient's
project or activities, including but not by way of limitation any action or claim for
worker's compensation.
9. TERMINATION --
A) Subrecipient may not terminate this Agreement or avoid any obligation
imposed herein without the express written consent of the City.
2
B) Notwithstanding the above provision, the City may suspend or terminate
this Agreement upon written notice to the Subrecipient of the following:
i) In the event that the Subrecipient fails to perform the covenants
contained in this Agreement; and/or
ii) In the event there is a conflict with any federal, state, or local law or
regulation rendering any of the provisions of this Agreement invalid
or untenable; and/or
iii) In the event that funding from the Department of Housing and Urban
Development is terminated or otherwise becomes unavailable.
C) Upon suspension or termination of this Agreement (and without waiver by
City of any breach hereof by Subrecipient), Subrecipient agrees to return
any unencumbered funds which it has been provided by the City.
10. CONFLICT OF INTEREST—Subrecipient shall familiarize itself with CDBG
regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached
hereto as Exhibit "C1." Subrecipient, its assigns, employees, agents, consultants,
and officers shall comply with and shall not violate any provision of the attached
Exhibit C1. Any violation of this section shall be deemed a material breach of this
Agreement and the Agreement shall be immediately terminated by the City.
11. ELIGIBILITY —As to Subrecipient or its claimants, the City shall bear no liability for
any later determination by the County or by the United States Government, the
Department of Housing and Urban Development or any other person or entity that
the City or Subrecipient is or is not eligible under 24 CFR Part 570 to receive
CDBG funds.
12. ASSIGNABILITY--Subrecipient shall not assign or transfer any interest in this
Agreement, whether by assignment, delegation, or novation, without the prior
written consent of the City; provided however, that claims for money due or to
become due to Subrecipient from the City under this Agreement may be assigned
to a bank, trust company, or other financial institution, or to a trustee in
bankruptcy, without such approval. Any assignment, delegation, or novation other
than as provided above shall be void and inoperative. Notice of any proper
assignment or transfer shall be promptly furnished to the City.
This Agreement contains the entire agreement of the parties and supersedes all other
prior negotiations, understandings, or agreements. This agreement may only be
modified by the written agreement of the parties.
CITY OF SAN JACINTO
BY:
Mayor
SUBRECIPIENT/ALLIANCE FOR THE MENTALLY ILL
BY:
4
EXHIBIT 3/1 FILE:3.SJ031
Page 1
SPONSOR'S AGREEMENT
Sponsor: City of San Jacinto
Address: P.O. Box 488. San Jacinto. CA 92581
Project Title: Transitional Employment Project
Location: P.O. Box 488. San Jacinto. CA 92581
Description:
CDBG funds will be utilized to establish a storefront transitional traini
and employment center for recovering mental health clients.
Project Budget:
Cost CDBG Approved
1) Architect/Engineer Design Costs S S
L) Administration Costs
3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation Costs
7) Equipment Costs
8) Other Costs
9) Operation/Maintenance
10) Contingency
TOTAL S
10.000
S 10.000
EXHIBIT 114 FILE:3.SJ
Page 2
imetable Implementation Schedule
Milestone
Start Date Completion C
Begin Project 7/1/95 6/30/96
Semi -Annual Monitoring Report 12/1/95 12/31/95,
EDA Site Visit 1/1/96 1/31/96
EXHIBIT s A FILE:3.SJf
Page 3
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside
2. APPLICATION/GRANT NUMBEI
PROJECT SUMMARY B-95-UC-06-0506
3. PERIOD OF APPLICABILITY
FROM TO 4. X Original (each year)
_Revision, Date
June 30. 1996 _Amendment, Date
July 1. t995
5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STA'.
Transitional Employment Proj. 3.SJ039 Exempt
u. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUM!
City of San Jacinto (909) 487-7:
10. DESCRIPTION OF PROJaECT
CDBG funds will be utilized to establish a storefront transitional traini
and employment center for recovering mental health clients.
ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a) (2)
11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S)
N/A
12. ANTICIPATED ACCOMPLISHMENTS
Provision of training and employment services for 100 mental health client
13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of
(List component activities using names CDBG OTHER
of activities shown in Part A, COST Low/Mod Other Amount Source
SUMMARY. Form HUD-7067.) Benefit Benefit
(a)
(b) (c) (d) (e)
S S S
Public Service 10 000
14. Totals
S10 000 S S
15. Total Costs To Be Paid With Community Development Grant Funds
(Sum of Columns b and c) 510.000
EXHIBIT Cl
(a) Applicability.
(1) In the procurement of supplies, equipment,
construction, and services by recipients, and by
subrecipients (including those specified at Section
570.204(c)), the conflict of interest provisions in
24 CFR 85.36 and OMB Circular A 110, respectively,
shall apply.
(2) In all cases not governed by 24 CFR 85.36 and
OMB Circular A 110, the provisions of this section
shall apply. Such cases include the acquisition and
disposition of real property and the provision of
assistance by the recipient, by its subrecipients,
or to individuals, businesses and other private
entities under eligible activities which authorize
such assistance (e.g., rehabilitation, preservation,
and other improvements of private properties or
facilities pursuant to Section 570.202, or grants,
loans and other assistance to businesses,
individuals and other private entities pursuant to
Section 570.203, Section 570.204 or Section
570.455).
(b) Conflicts prohibited. Except for the use of CDBG funds
to pay salaries and other related administrative or personnel
costs, the general rule is that no persons described in paragraph
(c) of this section who exercise or have exercised any functions or
responsibilities with respect to CDBG activities assisted under
this part or who are in a position to participate in a decision
making process or gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit
from CDBG assisted activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have
family or business ties, during their tenure or for one year
thereafter. For the UDAG program, the above restrictions shall
apply to all activities that are a part of the UDAG project, and
shall cover any such interest or benefit during, or at any time
after, such person's tenure.
(c)
paragraph
employee,
appointed
agencies,
part.
Person's covered. The conflict of interest provisions of
(b) of this section apply to any person who is an
agent, consultant, officer, or elected official or
official of the recipient, or of any designated public
or subrecipients which are receiving funds under this
PAGE 1 OF 4
(5)
(d) Exceptions: threshold requirements. Upon the written
request of the recipient, HUD may grant an exception to the
provisions of paragraph (b) of this section on a case -by -case basis
when it determines that such an exception will serve to further the
purposes of the Act and the effective and efficient administration
of the recipient's program or project. An exception may be
considered only after the recipient has provided the following:
(1) A disclosure of the nature of the conflict,
accompanied by an assurance that there has been
public disclosure of the conflict and a description
of how the public disclosure was made; and
(2) An opinion of the recipient's attorney that the
interest for which the exception is sought would not
violate state or local law.
(e) Factors to be considered for exceptions. In determining
whether to grant a requested exception after the recipient has
satisfactorily met the requirements of paragraph (d) of this
section, HUD shall consider the cumulative effect of the following
factors, where applicable:
(1) Whether the exception would provide a significant
cost benefit or an essential degree of expertise to
the program or project which would otherwise not be
available;
Whether an opportunity was provided for open
competitive bidding or negotiation;
Whether the person affected is a member of a group
or class of low or moderate income persons intended
to be the beneficiaries of the assisted activity,
and the exception will permit such person to receive
generally the same interests or benefits as are
being made available or provided to the group or
class;
(4) Whether the affected person has withdrawn from his
or her functions or responsibilities, or the
decision making process with respect to the specific
assisted activity in question;
Whether the interest or benefit was present before
the affected person was in a position as described
in Paragraph (b) of this section;
PAGE 2 OF 4
(6) Whether undue hardship will result either to the
recipient or the person affected when weighed
against the public interest served by avoiding the
prohibited conflict; and
(7) Any other relevant considerations.
TOPIC: CONFLICT OF INTEREST CODED
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: OCTOBER 1989
This Conflict of Interest Code is written to comply with Federal
Regulations (24 CFR Part 85). These regulations, "Administrative
Requirements for Grants and Cooperative Agreements to State, Local
and Federally Recognized Indian Tribal Governments" require that
grantees and sub -grantees will maintain a written code of standards
of conduct governing the performance of their employees engaged in
the award and administration of contracts.
(1) No employee, officer or agent of the grantee shall
participate in the selection, in the award or in the administration
of a contract supported by federal funds if a conflict of interest,
real or apparent, would be involved.
(2) Such a conflict will arise when:
i) The employee, officer or agent;
ii) Any member of the immediate family;
iii) His/Her partners, or;
iv) An organization which employs, or is about to employ
any of the above, has a financial or other interest
in the firm's selection for award.
(3) The grantee's or sub -grantee's officers, employees or
agents will neither solicit nor accept gratuities, favors or
anything of monetary value from contractors or parties to sub -
agreements except as noted in Section 4.
(4) A grantee's or sub -grantee's officers, employees or
agents will be presumed to have a financial interest in a business
if their financial interest exceeds the following:
PAGE 3 OF 4
i) Any business entity in which the official has a
direct or indirect investment worth one thousand
dollars ($1,000.00) or more.
ii) Any real property in which the official has a direct
or indirect interest worth one thousand dollars
($1,000.00) or more.
iii) Any source of income, other than gifts and other
than loans by a commercial lending institution in
the regular course of business on terms available
to the public without regard to official status,
aggregating two hundred fifty dollars ($250.00) or
more in value provided to, received by or promised
to the official within 12 months prior to the time
when the decision is made.
iv) Any business entity in which the official is a
director, officer, partner, trustee, employee, or
holds any position of management.
v) Any donor of, or any intermediary or agent for a
donor of, a gift or gifts aggregating two hundred
dollars ($250.00) or more in value provided to,
received by, or promised to the official within 12
months prior to the time when the decision is made.
(5) For purposes of Section 4, indirect investment or
interest means any investment or interest owned by the spouse or
dependent child of an official, by an agent on behalf of an
official, or by a business entity or trust in which the official,
the official's agents, spouse, and dependent children own directly,
indirectly, or beneficially a 10 percent interest or more.
PAGE 4 OF 4
I,
CERTIFICATION
, have received a copy of the
Subrecipient Community Development Block Grant Entitlement Program
Handbook dated August 1990.
Signature Dated
THOMAS M. COX
JAMES A. COX
JULIE M. CLARK
COX 8c COX
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
805 EAST FLORIDA AVENUE
HEM ET, CALIFORNIA 92543
FOR COUNCIL MEETING OF NOVEMBER 21, 1995
TO: 'Mayor and Members of the City Council
FROM: Jim Cox
RE: Amendment to Personal Service Contract
Assistant City Clerk, Pamela Lee
TELEPHONE
AREA CODE 909
652-1400
FAX 9O9'1652-3990
RECOMMENDATION: Approve the amendment to the personal services
agreement between the City and Pamela Lee, and authorize the
City Manager to execute the amendment.
DISCUSSION: Pamela Lee has requested a modification to her written
agreement with the City. Last year, the City and Ms. Lee entered
into a written agreement whereby Ms. Lee agreed to perform certain
City clerk services for the City as an independant contractor and
consultant. At Section 6.02 of the agreement, it is provided that
the agreement would "automatically" terminate on certain stated
events, including a bankruptcy or sale of business.
The form of contract originally utilized was intended to be able
to be used when the City hired a firm or business to provide
consultant services. Automatic termination may be advisable when
dealing with a firm, whereby a bankruptcy would impede the ability
of the firm to provide the contracted services. These provisions
are not likely applicable when dealing solely with an individual
who is to perform the services. In our contract with Ms. Lee,
the provisions sought to be deleted hardly seem applicable. For
this reason, I recommend the amendment making the requested deletions.
I will be pleased to answer any questions.
Respectfully submitted,
C_— c�
James A. Cox
MODIFICATION OF
CONTRACT FOR SERVICES
Contractor: Pamela Lee
Date of Contract: November 1, 1994
This Amendment is made with reference to that certain Contract
for Services dated November 1, 1994, between the City of San
Jacinto ("Client") and Pamela L. Lee ("Contractor").
Recitals:
On November 1, 1994, Client and Contractor entered into an
agreement whereby Contractor was to provide City Clerk consultant
and other services, as an independant contractor. Contractor
is self employed and in the performance of her duties, employs
no other persons. All services performed under the contract are
personally performed by Contractor. Section 6.02 of the Agreement
provides for "automatic" termination of the Agreement should
Contractor declare bankruptcy or sell her business. Sub -parts
(a) and (b) of Section 6.02 are not applicable to the circumstances
under which the contract was made between Client and Contractor.
Modification:
It is therefore agreed that the Agreement made November 1, 1994
between Client and Contractor, be modified and amended in the
following particulars:
Sub -parts (a) and (b) of Section 6.02 are hereby deleted.
Dated:
City of San Jacinto
By
Client
Pamela L. Lee
Contractor
FEMUR
S A N
!JACINTO
rev
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: November 21, 1995
SUBJECT: CALLING OF BONDS - TRACT 24048 (LAING HOMES)
RECOMMENDATION
Authorize staff to call the bonds for Tract 24048 for the purpose of completing the
infrastructure
BACKGROUND
John Laing Homes ceased development of their tract in approximately April 1991, leaving
64 lots yet to be built. The infrastructure is largely complete but the streets are not
capped with their final lift of asphalt. Requests of Laing to cap the streets have been
unsuccessful.
Staff has received several complaints of tripping hazards due to the lack of a cap.
Notices of City's intent to call the bonds will be sent to the following parties.
John Laing Homes
23382 Mill Creek Suite 105
Laguna Hills, CA 92652
D. J. Picard, Attorney In Fact
Insurance Company of North America
1120 West La Veta Avenue
Orange, CA 92668
BKM:Ir CCRPT-95\24048.bnd
S•
•
DATE:
TO:
FROM:
AGENDA ITEM NO. .5 .
CITY OF SAN JACINTO
STAFF REPORT
November 21, 1995
Honorable Mayor and Members of the City Council
Nathaniel Holmes III, Chief of Police
via Pamela S. Easter, City Manager
SUBJECT: Advance of Money for a Police Explorer Post
Fund Raiser
RECOMMENDATION: Approve the advance of $1176.00 to the Police Explorer Post for
their annual Christmas Wreath Fund Raiser.
FISCAL ANALYSIS: This is a no cost item. Once the Explorer Post completes their
fundraiser, the funds will be returned to the City.
BACKGROUND: The San Jacinto Police Explorer Post is a youth oriented program
affiliated with the Boy Scouts of America. The program is sponsored by the San Jacinto
Police Department and serves youth from 14 to 21 years old.
Each year the San Jacinto Police Explorer Post conducts a fundraiser for their program,
one of which is the annual Christmas wreath sale. The Explorer Post gets an additional
discount for prepurchasing the wreaths, and have approached the City for assistance in
this endeavor.
The Explorer Post has asked that the City purchase the Christmas wreaths for resale by
the explorers. Most, if not all, of the wreaths are presold and the funds advanced would
be returned to the City within 30 days.
STAFF APPROVALS: CITY CLERK'S OFFICE USE ONLY
City Manager
City Attorney
Finance Director
n •I
STAFF REPORT
TO: Honorable Mayor and City Council Members
Sitting as Redevelopment Agency
FROM: Brian McNabb, Director of Community Development
via: Pamela S. Easter, City Manager
DATE: November 21, 1995
SUBJECT: CONTRACT WITH COMMUNITY INITIATIVES DEVELOPMENT
CORPORATION AND HARLEY KNOX ASSOCIATES RELATED TO
FINANCING FOR ECONOMIC DEVELOPMENT
RECOMMENDATION
1. Authorize the Executive Director to execute the attached 12 month contract with
Community Initiative Development Corporation and Harley Knox Associates in the
amount not to exceed $3,200/month. Consultant to be used on an as needed basis.
2. Direct staff to return with a Resolution setting the fee schedule as outlined.
FISCAL IMPACT
Based on the suggested fee schedule, this proposal should create positive cost flow for the
Agency.
DISCUSSION
One of the key factors to a successful Economic Development program is having favorable
financing tools available. The Agency has, up to this time, found few favorable programs
that are easy to work with.
Community Initiatives Development Corporation of New York, in conjunction with Harley
Knox Associates of Moreno Valley proposes to work for the Agency in finding favorable
financing for f' ojects the ency is invol:A with. They have begun preliminary work on
the permane. financing r both the skating rink and Metropolitan Theatres, as well as,
construction and perma nt financing for a third entertainment user with which staff is
working. One housing developer is also exploring this program.
The contract is structured as follows:
► Contract work is for 12 months only
► Contract can be terminated with 24 hour notice
► Payment is on hourly basis in accordance with a schedule, with a maximum of
$3,200/month
► The consultants only work for governmental agencies. Beneficiaries of the financing
must be acceptable to the Redevelopment Agency.
► The cost of this contract is normally covered by an application fee paid in
accordance with the suggest d fee schedule by potential beneficiaries of the
financing. This fee pays the Agency for its costs in processing the application.
The total cost paid by the Agency to the Consultant varies depending on the complexity of
the project and how much work is performed by Agency staff. Normally, a successful
project will take no more than 15 hours with a cooperative applicant and little staff
involvement. This would mean a cost to the Agency of about $2,500.00 in the worst case.
According to the proposed fee schedule the Agency would receive $5,000.00 assuming a
$500,000.00 Bank Loan project.
There will be some occasional expenditures that will exceed the expenses of the Agency.
In the long term, the Agency will come out ahead, based on the Consultant's previous
experience.
30% - 40 % of the applicants will not qualify based on a review of their financials. If such
a review takes two hours the most cost to the Agency would be $340.00 Staff has
suggested a non-refundable $500.00 application to cover this expense.
If the applicant's financial statement is adequate, staff proposes to collect a $2,500 deposit.
Of this, $2,000.00 would be returned if the Consultants cannot obtain funding. However,
the Consultants would bill the Agency for their time. Under the 15 hour scenario described
above, the Agency would be out-of-pocket $2,000.
In approximately 20% of the cases where financing has been obtained, the applicant does
not follow through on the project. In this case, the applicant forfeits the $2,500.00
application fee.
There may be other situations, if the Agency Bond approves, when it will cost more up
front. Examples would be industrial development bonds. These costs would be reimbursed
when a project finally finances. The Agency would have to grant separate approvals if this
situation arises.
The Consultants have provided references for our use. We have called several of the
references and found other agencies and companies to be very pleased. Comments
included that Community Initiative Development did everything they promised; they really
got their economic development program going; and they would turn to Community
Initiative first before anyone else; they were responsive; they really want to succeed for you.
Skate N' Fun Properties are very excited about the preliminary rate and terms available to
them. This contract is necessary for them to avail themselves of the program as they only
contract with governmental agencies.
We have included for your information copies of their corporate information.
Suggested fee schedule for special financing:
Initial review of financial statement $500.
Application fee 1,000.
Deposit against processing costs 1,500.
United States Small Business Administration
SBA 504 Direct Loan
Servicing fee 1.0%
HUD 108 Loan
Origination fee 1.0%
Other financing assistance (Federal Home Loan Bank, Personal Fund Loans, Bank Loan,
etc):
Origination Fee 1.0%
B KM:I rCCRPT-951H-Knox
CONTRACT
by and between
THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN JACINTO, CALIFORNIA
and
COMMUNITY INITIATIVES DEVELOPMENT, CORP. AND
HARLEY KNOX ASSOCIATES
THIS AGREEMENT, made this 1st day of December, 1995 by and between THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA,
having offices at 201 East Main Street, San Jacinto, California 92583, hereinafter referred
to as "the Agency", and COMMUNITY INITIATIVES DEVELOPMENT CORP., a New
York 501(c)(3) corporation with an office at One Lincoln Center, 9th Floor, Syracuse,
New York 13202, and HARLEY KNOX ASSOCIATES, having an office at Suite 7, 24560
Nandina, Moreno Valley, California 92553, hereinafter referred to as "the Contractor".
WITNESSETH
WHEREAS, the Agency desires to create and preserve jobs for the residents of
San Jacinto and to aid in the development of housing in the community; and
WHEREAS, the Agency desires to engage the Contractor to render certain
technical advice and financial assistance in connection with certain development
activities; and
WHEREAS, the Contractor can assist the Agency in developing programs and
identifying and funding the projects that will further the Agency's economic and
housing development goals;
NOW THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Services. The Contractor shall perform all the necessary services
provided under this contract in connection with and respecting but not
limited to Industrial, Commercial and Office Financing, 501(c)3 Financing
and Housing Financing and Development. The Contractor shall at the
direction of the Agency perform and carry out duties and procedures by
using their best efforts outlined in the Scope of Services as defined in Exhibit
"A" of this Agreement, which is hereby incorporated by reference and made
a part hereof.
1
2. Time of Performance. This Agreement shall become effective December 1,
1995 and remain in effect until November 30, 1996. The services of the
Contractor shall be undertaken and completed in such sequences as to assure
their expeditious completion with respect to the purposes of this Contract.
3. Compensation. The Agency agrees to pay the Contractor an amount not to
exceed $38,400 per year which will constitute full and complete
compensation for the Contractor's services hereunder, and which will be
billed on an hourly basis per the attached Fee Schedule labeled Exhibit "B".
All invoices submitted by the Contractor shall specify that he has performed
the work under this Contract in connection with the Contract, and that he is
entitled to receive the amount requisitioned under the Terms of the Contract.
The Agency agrees upon satisfaction to pay monthly installments of up to
$3,200, unless the Agency agrees in writing to waive the monthly (and
annual) cap for specific projects. Uncompensated hours from any month may
be rolled over to the next month at the discretion of the Agency. The
Contractor shall be responsible for all his own federal, state and local taxes,
FICA, insurance, withholdings, etc.
Any and all income received by the Contractor and due to the Agency
pursuant to Exhibit A shall be paid to the Agency within thirty (30) days of
receipt by the Contractor or its subsidiary. The Agency shall have the right to
inspect and/or audit the books and records of the Contractor and/or its
subsidiary to insure compliance with respect to this issue.
4. Changes. The Agency may, from time to time, request changes in the scope of
the services of the Contractor to be performed hereunder. Such changes,
including any increase or decrease in the amount of the Contractor
compensation, which are mutually agreed upon by and between the Agency
and the Contractor, shall be incorporated in written amendments to this
Contract.
5. Termination. Either the Agency or the Contractor may cancel this Contract at
any time, with or without cause and without penalty, before the expiration of
its terms by giving the other party written notice of such cancellation at least
twenty-four (24) hours prior to the date of cancellation. Should this Contract
be canceled prior to its expiration date, compensation shall be paid to the
Contractor pro rated to the effective date of cancellation.
6. Personnel and Subcontracting. The Contractor represents and warrants that it
has, or will secure at its own expense, all personnel required in performing
2
the services under this Contract. Such personnel shall not be employees of, or
have any contractual relationship with, the Agency.
7. Assignability. The Agency and the Contractor, respectively, bind themselves,
their partners, successors, assigns and legal representatives to the other party
of this Contract and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of this
Contract. Neither the Agency nor the Contractor shall assign, sublet, or
transfer any interest in this Contract without the prior written consent of the
other party.
8. Interest of Contractor. The Contractor covenants that it presently has no
interest and shall not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of its services
hereunder. The Contractor further covenants that in the performance of this
Contract no person having any such interest shall be employed. Contractor,
and its agents providing consultant services to the Agency, shall comply with
the Agency's Conflict of Interest Code, including the filing of required
financial disclosure statements.
9. Use of Reports Prepared. All of the reports, information, data, etc., prepared
or assembled by the Contractor under this Contract are the sole property of
the Agency and may be used in their entirety or in part at the sole discretion
of the Agency without additional compensation to or approval from the
Contractor. The Contractor further covenants and agrees that reports,
information, data, etc., prepared or assembled by the Contractor under this
Contract are confidential in nature, and shall not be made available by the
Contractor to any individual or organization without the prior written
approval of the Agency except where such information, reports, etc. are
legally required by order of court or administrative agency, state or federal.
10. Governing Law. This Contract shall be governed in all respects by the laws of
the State of California, to the extent that local law is not preempted by federal
law with respect to any aspect of this Contract.
11. Severability. In the event that any portion of this Contract is found to be
contrary to law and unenforceable; the validity of remaining covenants,
agreements, terms and provisions contained in this Contract, shall be in no
way affected, prejudiced or disturbed thereby.
12. Due Authority. The parties hereto represent that they have the proper
authority to sign on behalf of the entities entering this Contract and they fully
intend for the Agency and the Contractor to be legally bound.
13. It is recognized that there is a possibility that fees / points may, but not
assuredly, be generated from the packaging of loans or agreements in the
performance of the Contractor's functions. It is further recognized that
employees of the City of San Jacinto will be expending time in the
administration of this Contract and in providing information and assistance
to the Contractor, which will not otherwise be compensated from the Agency
to the City. On this basis, the Agency agrees and directs that the Contractor
cause that any such generated fees / points be paid to the City of San Jacinto
in consideration of the services so provided by the City.
IN WITNESS WHEREOF, the Agency and the Contractor have executed this
Contract as of the date first above written.
CIC6B:\CONTRACT\SAN JACNT.SAM
THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN JACINTO, CALIFORNIA
By:
COMMUNITY INITIATIVES DEVELOPMENT CORP.
By: V1..ti� ~ — -
William Loewenstein
4
HARLEY KNOX AND ASSOCIATES
Harley Knox
EXHIBIT A
SCOPE OF SERVICES
1. To consult with the Agency in the securing and packaging of long term fixed
rate loans for industrial, office, commercial and housing projects.
2. To assist in the utilization of FHLB programs.
3. To assist in financing 501(c)(3) and 63-20 projects.
4. To make available CIDC's FHA Gifted Down Payment and lease -to -own
programs for moderate and middle income housing, and to generate fees for
the Agency.
5. To provide equity financing.
6. To provide information on various governmental and private financing
programs.
7. To be available to consult with the Agency on its economic development and
conventional housing financing programs and strategies for the same.
8. To assist in the preparation of federal and state applications and to assist the
Agency in securing additional revenues.
9. To locate developers for economic development and housing projects.
EXHIBIT B
FEE SCHEDULE FOR HOURLY SERVICES
TECHNICAL SALARY CHARGES—CIDC
PERSONNEL BILLING RATE
President $170.00 per hour
Vice President $140.00 per hour
Associates $100.00 per hour
II. TECHNICAL SALARY CHARGES—HARLEY KNOX AND ASSOCIATES
Harley Knox and Associates $100.00 per hour
III. GENERAL OVERHEAD CHARGES
The charges above include our general office overhead costs for items such as
typing and clerical costs, project telephone calls, meals, postage, incidental
reproduction, rent, insurance, utilities, employee fringe benefits.
6
Community Initiatives Development Corporation (CIDC)
Qualifications
ECONOMIC DEVELOPMENT
Community Initiatives Development Corporation (CIDC) is a private not -for -profit
corporation chartered for the purpose of lessening the burdens of municipal govern-
ments and nonprofit organizations. To this end, CIDC offers its consulting services to
numerous municipalities and local development corporations for the purpose of
stimulating economic development and creating affordable housing programs.
CIDC assists governmental entities in undertaking commercial economic develop-
ment by focusing on the development and funding of specific projects. The following
services are offered to accomplish this.
• Assistance in obtaining private and public financing of fixed assets and working
capital for industrial and commercial projects. Projects are often directly funded
through relationships CIDC has with various financing organizations, and encom-
pass shopping centers, office buildings, industrial buildings and parks, small
businesses and warehouses. CIDC staff has a combined experience of several
hundred million dollars of financed projects;
• Assistance in downtown revitalization projects including the evaluation of a master
plan, feasibility analysis, and funding sources;
• Drawing from a network of nationally recognized developers to carry out the
approval process, building construction and marketing of projects;
• Assistance in the implementation of joint venture projects between CIDC and
Economic Development offices or local development corporations;
• Assistance in the structuring of economic delivery systems and the training of staff,
including lending programs and credit analysis;
• Assistance in the funding of public facilities without the requirement of the general
obligation of any municipal entities;
• Marketing and packaging of small business loans, grant applications and other forms
of government financing;
• Researching new financing opportunities and federal regulations;
• Preparation and execution of Requests for Proposals including the development of
selection criteria;
• Assistance in funding governmental facilities.
COMMUNITY INITIATIVES DEVELOPMENT CORP.
SELECTED PROJECTS CARRIED OUT BY PRINCIPALS OF CIDC
Housing
300 units of FHA 236 housing -
Hudson, NY
20 units of FHA housing - Hudson, NY
150 units of Section 312 housing in
New York State
86 units of luxury housing -
Rochester, NY
250 units of FHA Flip housing
Commercial
Approximately 300 SBA 502, 503, and
504 loans, including doctors' offices,
retail establishments and warehousing
Scranton Mall - $100 million project
Strip Center - Hudson, NY
Central Avenue commercial project -
Albany, NY
East New York 312 commercial
revitalization project - Brooklyn, NY
Boscov's Department Store -
Binghamton, NY
• Niagara Falls Water Play Park
• Department store refinancing -
Rochester, NY
Hotel
• St. Petersburg Hilton - St. Petersburg, FL
• Mobile Holiday Inn -Mobile, AL
• Binghamton Sheraton - Binghamton, NY
• Holiday Inn - Niagara Falls, NY
• Rochester Hyatt - Rochester, NY
• Sheraton University Hill - Syracuse, NY
• Stouffers Hotel - Rochester, NY
Industrial
• Financed more than 500 individual
companies
• Times Square Industrial Park -
St. Petersburg, FL
• Dock Street Industrial Park -
Hudson, NY
• Port Industrial Park - Albany, NY
• Peekskill Industrial Park - Peekskill, NY
• Port Jervis Industrial Park -
Port Jervis, NY
Office
• Hudson City Center - Hudson, NY
• Key Bank Headquarters - Newburgh, NY
• Office Park - Newburgh, NY
• Steuben Club - Albany, NY
• Fleet Bank Headquarters - Albany, NY
• Edgewater Office Building -
Peekskill, NY
• Falcone Office Building - Syracuse, NY
Other
• FHLB statewide loan program for New
Jersey Economic Development Authority
• Established CDCs for Hudson, Albany,
Port Jervis, New Jersey Economic
Development Authority, Niagara Falls,
Rochester and Syracuse
• Established revolving loan programs in
several communities
COMMUNITY INITIATIVES DEVELOPMENT CORP.
Experience in
Urban Economic
Development
Private/Public
Partnership —
Funding Sources
CIDC Qualifications
2
CIDC has extensive experience planning and financing difficult urban economic
development projects and revitalizing urban downtown office and retail areas. Cur-
rently it is involved in the development of the Dey Brothers Project in Syracuse, New
York which was a vacant department store owned by the City of Syracuse, and which
is now being renovated as an office building to house administrative facilities for one
of the largest upstate power companies. The building is being financed through a
combination of conventional financing and a Section 108 loan through the U. S.
Department of Housing and Urban Development (HUD). CIDC has been instrumental
in the structuring of the private financing and the HUD loan.
The Dey Brothers project is just one example of countless urban redevelopment
projects with which the staff of CIDC has been involved. Other examples include the
Rockwest office and retail center in Syracuse, New York, and office buildings in
Middletown and Peekskill, New York, and Youngstown, Ohio.
Although many Economic Development projects are funded with federal and state
programs, CIDC often combines these sources of funds with private sources to create
an effective financing package for a specific project. CIDC has worked to facilitate
SBA programs for their public clients, and SBA 504 loans are often combined with
funds from the private sector to successfully finance a project, whether it be a
conventional loan through a banking institution or a bond issue through an under-
writer. Similarly, the Job Development Authority (iDA) program is often used in tandem
with funding from conventional banks to arrive at the desired funding level. It is
sometimes essential to arrive at creative combinations of funding with different layers
of lien positions in order to achieve required debt service coverages for specific
projects.
Examples of this method of financing Include:
SBA 504 Loans
Northern Westchester Collision
Peekskill, New York
VAC Services Corp.
Middletown, New York
Cola Commodity Corp.
Yonkers, New York
EXAL Corp.
Youngstown, Ohio
Badia Spices
Yonkers, New York
Pine Island Pizza
Pine Island, New York
Elba Enterprises LLC
Newark, New Jersey
CIDC has further enhanced the SBA 504 program through the Federal Home Loan
Bank Community Investment Program (CIP) program, with CIP or CDF loans providing
the private portion of the required sources of funds. This packaging of the two programs
can offer very attractive interest rates and terms for qualified projects.
COMMUNITY INITIATIVES DEVELOPMENT CORP.
CIDC Qualifications
Outside of the SBA program, CIDC staff has used combinations of public and private
financing, including the use of Industrial Revenue Bonds, to develop industrial parks
in Albany, New York; Bradford, Pennsylvania; and Bethlehem, Pennsylvania.
FHLB For the New Jersey Economic Development Authority, CIDC has established a
CIP Program statewide pool of approximately 86 members of the Federal Home Loan Bank Board
who are willing to extend both construction and permanent loans to projects which
qualify under the Community Investment Program or the Community Developmen
Fund. This allows CIDC to originate and arrange commitments for qualifying projects
at low interest rates, and is an exceptional program for downtown areas being
revitalized, manufacturing plants providing jobs for moderate income individuals, and
affordable housing projects.
CIDC has originated CIP loans for a variety of projects such as housing projects in
Schenectady and Syracuse and a parking lot in Syracuse. CIDC has just completed a
commitment for a CIP loan to refinance two manufacturing plants, one located in New
York and the other in Southern California.
Additionally, CIDC has used FHLB programs for numerous industrial projects in
Syracuse and Yonkers, and has consulted with the Federal Home Loan Bank Board in
Pennsylvania and Michigan on the CIP program.
Community CIDC's staff has extensive knowledge of Community Development Regulations, as
Development well as those that pertain to federal funding sources. The Federal Register updates are
Regulations monitored, and applicable changes and/or new legislation are presented to clients.
Furthermore, the staff is familiar with regulations for HUD, FHA, FannieMae, SBA and
JDA loan programs, and conducts ongoing research to discover new methods of
employing federal financing.
CIDC has extensive experience in HUD 108 loans, one of the mainstays of federal
funding, with three projects currently underway in Syracuse, Peekskill and Young-
stown. CIDC President Bill Loewenstein has personally been involved in more than
300 HUD 108 loans.
In addition to the SBA 504 loan program described above, CIDC does extensive work
with the SBA 7(a) loan guarantee program. It is in the process of obtaining approval
for a statewide governmental lending program through the New Jersey Economic
Development Authority for a total lending pool of approximately $100 million. On a
smaller scale, CIDC has a network of lending institutions willing to enter into 7(a) loans
with which it deals.
Staff members will work with their clients to expand and refine local programs offered
through the Community Development Agency in order to obtain the objectives set by
the local municipality. CIDC will further work to market such programs to bring new
business and development opportunities into the municipality.
COMMUNITY INITIATIVES DEVELOPMENT CORP.
Taxable and
Tax Exempt
Bond Financing
National Contacts for
Funding Sources
CIDC Qualifications 4
On behalf of the New Jersey Economic Development Authority, Bill Loewenstein is
active with all Community Development regulations including the Uniform Acquisi-
tion and Relocation Policy Act, Davis Bacon Regulations, Affirmative Action Regula-
tions, Section 3 Regulations and Community Development Economic Regulations.
CIDC has developed the Section 3 Compliance Format for all of its clients.
CIDC has experience providing both taxable and tax exempt bond financing for
municipal projects and affordable housing. The corporation was instrumental in
financing an 80,000 square foot office building in Lyons, New York which, after
construction is completed in September of 1995, will be leased to the County of Wayne
for the purpose of housing public agencies. A not -for- profit local development
corporation was established to issue bonds on behalf of the Town of Lyons in an
amount sufficient to acquire the land and construct the facility. Tax exempt project
revenue bonds were issued in the approximate amount of $9 million, with no general
obligation of either the Town of Lyons or the County of Wayne.
CIDC is expanding this method of financing to continue to fund municipal projects
without the general obligation of the government. There is a growing need for this type
of financing and it can be structured to facilitate a variety of projects including industry,
government offices, and housing projects. A project similar to the one completed in
Lyons is currently underway in Middletown, New York.
Because of the need for affordable housing for median income families, CIDC has
developed a method of financing which incorporates tax exempt financing with a
lease/purchase program. CIDC will either create a not -for -profit for the purpose of
owning and developing the project, or, if the situation merits it, step in and take title
to the project with a municipality issuing bonds on its behalf. In either scenario, CIDC
provides the bond financing as well as the end -loan financing for the purchasers of
the units. The lease/purchase program which CIDC has developed allows the unit
purchaser to accrue a lease credit over the lease period, thereby virtually eliminating
any large cash expenditure at the time of closing. CIDC is currently developing two
such projects in New Jersey, one in Haledon and a second in South Amboy, and a
similar project in Pelham, New York.
Where appropriate, CIDC also provides the mechanism for taxable bond issues, and
is currently working on one such project for EXAL Corporation in Youngstown, Ohio.
The bond issue is being coupled with an SBA 504 loan. Secondary financing through
the manufacturer completes the package.
Due to its long-term experience in the field, CI DC's staff has developed a network of
sources for various funding methodologies which are available for projects throughout
the country. No matter where the location, if the project makes viable economic sense,
CIDC can structure a method of funding. The network of sources includes bond
underwriters, banking institutions, capital investors, and federal funding. CIDC is
currently working on projects in New York, Pennsylvania, Connecticut, New Jersey,
Ohio, Georgia, Florida and California.
COMMUNITY INITIATIVES DEVELOPMENT CORP.
CIDC Qualifications 5
Some of the national funding sources with which CI DC has an established relationship
are Sterling Capital Corp., Salisbury Capital Corp., NatWest Bank and Fleet Bank.
Equity As one outlet for equity placements, CI DC has developed an association with Green
Placements & Seifter, Attorneys P.C., a legal firm in Syracuse, New York, which is experienced in
establishing limited partnerships and venture capital projects and raising equity
contributions. CI DC, through its for -profit partner, is a member of the Arete Group
which provides equity financing for real estate development financing, machinerl;
leasing and limited partnerships.
AFFORDABLE HOUSING PROGRAMS
In an effort to facilitate the development of affordable home ownership for middle
income individuals, CIDC has developed two affordable housing programs which are
currently being implemented in a number of municipalities.
The first is the "FHA Flip" program which provides down payment assistance to
individuals and families who have the means of affording their monthly mortgage
payment, but have been unable to accumulate the down payment and closing costs
required to purchase the house in the first place. CI DC works together with munici-
palities to assist purchasers with these costs and will also provide the "take out"
mortgage for the home purchaser.
The second program CIDC has developed is a lease/purchase program which allows
individuals to accumulate a down payment over a lease period, typically between one
and three years, and additional costs such as closing costs are gifted at closing. The
project is often supported by the local municipality which can establish a priority list
targeting certain individuals such as local employees or first-time home purchasers.
CIDC assists in obtaining both the construction financing and the take-out mortgages,
and will frequently own and finance such projects on behalf of its clients.
FHA "Gifted CIDC has worked extensively with the FHA "Gifted Down Payment" Program whereby
Down Payment" it provides affordable housing with a gifted down payment to individuals and families
Program who have the means of affording their monthly mortgage payment, but have been
unable to accumulate the down payment and closing costs required to purchase the
house in the first place. In recognition of this, HUD has provided that not -for -profits
and municipalities may work together to assist purchasers with these costs through a
"gift" program.
CIDC works with clients to obtain FHA project and builder approval followed by a
master appraisal, which defines both the quality and the standards by which the project
will be built, along with the fair market selling prices of the various unit types. The
maximum loan -to -value ratio of the FHA 203(b) program is applied in conjunction
with a gift from a not -for -profit to provide purchasers with mortgages which require
COMMUNITY INITIATIVES DEVELOPMENT CORP.
Provision of
Developers, Investors
and Financiers
for Urban Economic
and Housing
Development Projects
FHA Certified
Underwriters
Lakeside at Montgomery
Montgomery, New York
Danza Properties, Inc.
East Gate Subdivision
Bainbridge, Georgia
Toric Homes, Inc.
Chadwick Road Subdivision
Schenectady, New York
CIDC Qualifications 6
reduced down payments, e.g. $1500, excluding insurance costs and any required
escrow. CIDC also assists the client in obtaining the necessary community approvals
for the "gift" program, and provides the services of a not -for -profit 501 (c)(3) corpora-
tion.
CIDC has developed or is in the process of developing over 250 units in affordable
housing projects using this methodology.
Affordable Housing Projects
Northern Woods Town Homes
Walkhill, New York
Tomar Properties, Inc
Westover Subdivision
Leon County, Florida
Toric Homes, Inc.
Through its experience with construction and development projects over a long-term
period, CIDC has established a network of individuals and organizations from which
it draws to provide development and investment services when necessary. CIDC's
team of professionals will evaluate potential projects to determine their feasibility and
assist in restructuring them where indicated. When the project is lacking a team
member such as an equity partner, construction manager, or developer, CIDC can
draw from long-standing relationships with various organizations to provide these
services.
In the last few months alone, CIDC has brought the King's Group into Bethlehem,
Pennsylvania to create an affordable housing program out of a failed project, and
Danza Properties, Inc. into Harrisburg, Pennsylvania under similar circumstances. Bill
Loewenstein has brought Boscov's into multiple projects where investors were re-
quired, and has also provided investors for the Rockwest Center in Syracuse, New
York and Cantar Industries in Youngstown, Ohio.
CIDC has two certified FHA direct endorsement underwriters on staff. These under-
writers are capable not only of determining the qualifications of home purchasers
interested in single family mortgages, but also of assessing and packaging multifamily
mortgages for rental projects. Specifically, CIDC has the capability to assemble and
process loan packages through HUD for new construction and refinancing of long-
term multifamily projects. This can be especially useful when Community Develop-
ment offices are interested in revitalizing downtown areas through conversions of
vacant buildings into renovated apartment buildings. The refinancing program is also
useful to relieve struggling apartment owners of high debt service by allowing them
to increase their amortization.
COMMUNITY INITIATIVES DEVELOPMENT CORP.
CIDC Qualifications 7
In September of 1994, CIDC obtained an FHA multifamily commitment for a $11
million project in Colonie, New York. CIDC is currently working on an FHA 221(d)(4)
mortgage for a vacant hotel in downtown Syracuse to be converted into an apartment
building.
Architectural and Angela Barry, whom CI DC has on staff as its Vice President, has a Master's Degree in
Project Management architecture and four years of project management experience. With Edgewater
Experience Construction, Angela was construction manager on a $12 million School of Nursir
project in Syracuse, New York. She also served as project developer on a $60 million
mixed -use project.
This combination of architectural background and construction experience enables
Angela to better evaluate the feasibility of projects and to analyze and construct draw
schedules and project time frames. This background is especially beneficial for urban
renewal projects and proposed renovations.
8A:\CI DC\QUALI F I.TXT
COMMUNITY INITIATIVES DEVELOPMENT CORP.
Community
I nitiatives
Development
Corp.
Economic Development
Community Initiatives Development Corp. (CIDC) is a private not -for -profit corporation
chartered for the purpose of lessening the burdens of municipal government. To this end CIDC
offers their consulting services to numerous municipalities and local development corporations
for the purpose of stimulating economic development and creating affordable housing programs.
CIDC assists governmental entitles in undertaking commercial economic development by
focusing on the development and funding of specific projects. To accomplish this, the following
services are offered:
• Assist in obtaining private and public financing of fixed assets and
working capital for industrial and commercial projects. Projects are
often directly funded through relationships CIDC has with various
financing organizations, and encompass shopping centers, office
buildings, industrial buildings and parks, small businesses and
warehouses. The staff has a combined experience of several hundred
million dollars of financed projects;
Dey Brothers Building • Renovation • Syracuse, New York
• Assist in downtown revitalization projects including the evaluation
of a master plan, feasibility analysis, and funding sources;
• Draw from a network of nationally recognized developers to carry
out the approval process, building construction and marketing of
projects;
• Assist in the implementation of joint venture projects between CIDC
and Economic Development offices or local development
corporations;
• Assist in the structuring of economic delivery systems and the
training of staff, including lending programs and credit analysis;
• Assist in the funding of public facilities without the requirement of
the general obligation of any municipal entities;
• Market and package small business loans, grant applications and
other forms of government financing;
• Research new financing opportunities;
• Preparation and execution of Request for Proposals including the
development of selection criteria;
• Assist in funding governmental facilities.
CIDC's associated company, Development Initiatives Group, assists private developers with
the financing and development of business facilities and affordable housing projects.
Affordable Housing Programs
In an effort to facilitate the development of affordable home ownership for middle and
moderate income individuals, CIDC has developed two affordable housing programs which are
currently being implemented in a number of municipalities.
The first is a "gifted down payment program" which provides down payment assistance to
individuals and families who have the means of affording their monthly mortgage payment, but
have been unable to accumulate the down payment and closing costs required to purchase the
house in the first place. CIDC works together with municipalities to assist purchasers with these
costs, and will also provide the "take out" mortgage for the home purchaser.
The second program CIDC has developed is a
lease/purchase program which allows
individuals to accumulate a
down payment over a lease
period, typically between one
and three years, and additional
costs such as closing costs are
gifted at closing. The project is
often supported by the local
municipality which can establish
a priority list targeting certain
individuals such as local
employees or first time home
purchases. CIDC assists in
obtaining both the construction
financing and the "take out"
mortgages, and will frequently
own and finance such projects on
behalf of its client.
Artist Rendering
Lakeside at Montgomery • New Construction • Montgomery, New York
:P
Representative Clients of CIDC
and Associated Company
City of Syracuse
Syracuse, New York
New Jersey Economic Development Authority
Trenton, New Jersey
Middletown Industrial Development Agency
Middletown, New York
City of Yonkers
Yonkers, New York
Port Jervis Development Corp.
Port Jervis, New York
Pennsylvania Community Development & Finance Corp.
Harrisburg, Pennsylvania
New Brunswick Development Corp.
New Brunswick, New Jersey
William Loewenstein
President
18 Aitken Avenue
Hudson, New York 12534
Tel: (518) 828-0681
Fax: (518)828-0684
City of Youngstown
Youngstown, Ohio
Tomar Properties, Inc.
West Nyack, New York
Toric Homes Corp.
Tallahassee, Florida
Route 28 Corridor Committee
Big Indian, New York
L & B Contact Industries
Haverstraw, New York
Danza Properties, Inc.
Passaic, New Jersey
Flintlock Development Group
Greenwich, Connecticut
Atlantic Development Corp.
Bronx, New York
Angela M. Barry
Vice President
900 One Lincoln Center
Syracuse, NewYork 13202
Tel: (315) 422-0260
Fax: (315) 422-0248
•
•
�4 5• II
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Nat Holmes, Police Chief
John Herrera, Finance Director
Via: Brian McNabb, Acting City Manager
DATE: November 21, 1995
RE: Replacement of Two Police Motorcycles
RECOMMENDATION: It is respectfully requested that the City Council authorize
staff to replace two 1988 Harley Davidson motorcycles (with accessories) for an
amount not to exceed $18,000.
BACKGROUND: At the Council meeting of November 7, 1995, Council authorized
the resolution to declare two 1988 Harley Davidson motorcycles as surplus. The
disposition of said motorcycles was approved by Council as an even trade for two
new 1995 Kawasaki 1000's.
Although said surplus motorcycles were to be a straight trade for the new
motorcycles, staff discovered a possibility of selling the two motorcycles for cash and
then using that cash to replace the 1988 Harley's. If the cash sale of the Harley's is
greater than the value received under the straight trade (up to $2,000), staff would
like to use this excess (up to $2,000) to outfit the motorcycles. If the Harley's cannot
be sold for more than $15,000 cash, staff will proceed with the original plan to do the
straight trade.
FISCAL IMPACT: As originally presented on November 7th, there is no fiscal impact
from the replacement of the two Harley's. The options are: 1) Proceed with the
straight trade: Two 1988 Harley's for two new 1995 Kawasaki 1000's, or 2) Sell the
two 1988 Harley's for cash and use cash to buy two new 1995 Kawasaki 1000's,
using the excess cash (up to $2,000) to outfit the new Kawasaki's.
(C:\...AaENDA9\112195..TH]
1
S •
oguirromir
S A N
JACINTO
�►���A 50-
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Rod Butler, Assistant to the City Manager
Via: Pamela Easter, City Manager
DATE: November 21, 1995
RE: MANAGEMENT/CONFIDENTIAL SALARY AND BENEFITS RESOLUTION
Recommendation
Approve the Management/Confidential Salary and Benefits Resolution as presented.
Fiscal Impact
Consistent with City Council direction, the modifications to the Management/Confidential
Salary and Benefits Resolution are minor and involve items that do not carry a financial
impact.
Background
City employees who are not covered by one of San Jacinto's two collective bargaining
units (San Jacinto Police Officers' Association and Public Employees of Riverside
County) are included in the Management/Confidential Group. The group is made up of
four classes: Executive (Class A), Middle Managers (Class B), Supervisors (Class C),
and Confidential Employees (Class D). The salaries, benefits, and various working
condition rules that apply to these employees are specified in a resolution that is
approved by the City Council, generally once a year. Over the past few months,
employees from each of the classes have met with Police Chief Nat Holmes to discuss
salary and benefit issues. Additionally, a meeting with the entire
Management/Confidential Group was conducted by the City Manager on November 2.
In recent closed session discussions with the City Council, staff members have outlined
the requests made by each of the employee classes and received comments and
direction from the City Council. Based on this Council direction, the attached
Management/Confidential Salary and Benefits Resolution was developed.
1
Major Elements of Updated Salary/Benefits Resolution
The following is a list of the updated resolution's major elements, including the few
changes that were made from the current resolution:
1. Update of Position Titles --The list of position titles included in the resolution has
been updated to reflect reorganizations, contracting of the Fire Department, and
eliminations of certain job titles.
2. Salary Ranges --No cost -of -living increases or other salary range adjustments are
included in the resolution. The salary range tables included as Attachment A are
identical to those in the current resolution.
3. Additional Floating Holidays --In lieu of additional cash compensation for
employees, the Council has authorized the addition of one floating holiday (nine
hours) that will become part of the regular employee leave package, bringing the
total number of floating holidays to three per fiscal year. Additionally, the Council
has authorized a special one-time floating holiday (nine hours) that must be used
during the 1995-96 Fiscal Year. As with the other floating holidays, this additional
time cannot be cashed out and cannot be carried over to the next fiscal year.
4. Vacation and Sick Leave Accrual --No changes proposed.
5. Timing of Sick -Leave Buyback --As an added convenience to employees, those
eligible for sick leave buy-back will be able to select one time throughout the fiscal
year at which to sell back their hours. Under the terms of the old resolution,
employees wishing to sell back time had to do it on December 15. This change
will not present any added costs to the City, and will benefit the Finance
Department since it will not have to deal with the annual "crunch" of having to
prepare all of the sick leave buy-back checks at one time.
6. Work Schedule and Hours --No changes proposed.
7. Health Insurance, Dental Insurance, Disability Insurance, Life Insurance --No
changes proposed, except for the transition to the Pacificare Health Insurance
Plan, which is still on hold until it is approved by the Police Officers' Association.
8. Retirement --No changes proposed, but the Council has authorized staff to obtain
a free actuarial study from the Public Employees' Retirement System on the costs
involved in upgrading the non -safety employee retirement plan from 2% @ 60 to
2% @ 55. Staff will also ask P.E.R.S. to research and outline San Jacinto's
options relating to upgrading survivor's benefits under the P.E.R.S. retirement
plan. This information is available at no cost to P.E.R.S. contract agencies.
2
9. Uniform, City Vehicle, Mileage Reimbursement Policies --No changes proposed.
Mileage for City business will be reimbursed at the approved IRS rate (currently
$.30 per mile).
10. Tuition Reimbursement --No changes proposed.
11. Cafeteria Benefit --No changes proposed.
Conclusion
Council approval of the proposed resolution will replace the prior resolution which was
approved in August of 1994. As mentioned above, the new resolution has no significant
fiscal impact but attempts to reward employees in a few small, non -monetary ways for
their continuing service to the City. : Staff recommends approval of the new
Management/Confidential Benefits Resolution -as presented.
ATTACHMENT A
A4penoa A
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP
39 2 1 T91 2 2901 2.4081 2.5271 2.6551
40 2.2341 2.3471 2.4661 2.5901 2.7221
41 2.2901 2.4061 2.5271 2.6551 2.7901
42
2.3472.4661 2.5901 2.722
2.859
43
2.4061 2.527
2.655 2.790
2.9311
44
2.4661 2.590
2.7221 2.859
3.004
45
2.527
2.855
2.7901 2.931 3.079
46
2.590
2.722`
2.859 3.004 3.156
47
2.655
2.790'
2.931
3.079
3.2351
46
2.722
2.859
3.004
3.156
3.316
49
2.790
2.931
3.079
3.235
3.399
50
2.859
3.004
3.156
3.316
3.484
51
2.931
3.019
3.235
3.399,
3.571
52
3.004
3.156
3.316
3.464
3.660
53
3.079
3.235
3.399
3.571
3.752
54
3.156
3.316.
3.464#
3.660
3.846
55
3.235
.3.399
3.571-
3.752
3.9421
56
3.316
3.484.
3.660
3.848#
A040
57
3.399
• 3.571
3.752
3.942
4.141
58
3.484
3.660
3.848
4.040
4.245
59
3.571
3.752
3.942
4.141
4.351
60
8
3.660
3.1146
4.040
4.245
4.460
3.752
3.942
' 4.141
4.351
4.571
82
3.546
4.040
4.245
4.460
4.685
83
3.942
4.141
4.351
4.571
4.803
84
4,040
4.245
4.460
4.655
4.923
65
4.141
•.. 351
4.571
4.803
5.046
66
4.245
4.460
4.685
4.923
5.172
67
4.351.
4.571
4.803
5.048
5.301
68
4.480
4.685
4.923
5.172
5.434
69 4.571
4.803
5.048
5.301
5.570
70 4.685
4 923
5.172
5.434
5.709
71 4.8031 5.0461 5.3011
5.5701 5.8511
7 2
I 4.723
5.1721 5.4341
5.709
5.998
73
5.046
5.301
5.570
5.851
6.148
74
5.172
5.434,
5.709'
5.998
6.301
75
5.301'
5.570
5.851
6.148
6.459
76
5.434
5.709
5.998
6.301
6.620
77
5.570
5.851
6.148
1 6.459
6.786
78
5.709
5.998
6.301
6.620
6.956
79
5.851
6.1481 6.459
6.788
7.129
80
5.998
6.301
6.820
6.956
7.308
81
6.148
6.459
6.788
7.129
7.490
82
6.301
6.620
6.956
7.308
7.578
83
8.459
' 6.786
7.129
7.490
7.870
84
6.620
6.956 7.308
7.678
9.066
85
6.786
7.129 7 490
7.870
8.2681
86
6.956
7.308 7.678,
8.056
8.475
87
98
7.129
7.308
' 7.490 7.870,
7.678 3.0661
8.268
8.475
8.687
9.904
89 7 4901 - 8701 3.2681
3.6871 3.126
'answer* Grows'A'•'C'
Appena.x A
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
25 4761 1 5511 1.6301 ' 7121 1 7991
26 1 513
' 5901 ' 6711 ' 7551 ' 8441
27 I 1 551
1.630
1.7121 1.7991 1 890
28
1.590
1.671
1.755
1.8441 1.937
29
1.630r-
1. 712
1. 799
1.8901 1.9E6
30
1.671
1.7551
1.844
1 9371 2.035
31
1.712
1.799
1.890
1.9861 2.086
32
1.755
1.844
1.937
2.0351 2.138
33
1.799
1.890
1.986
2.0861 2.192
34
1.844
1.937
2.035
2.138 2247
35
1.890
1.986
2.086
2.192 2.303
36
1.937
2.035
2.138
22471 2.360
37
1.988
2086
2.192
23031 2419
335
2.035
2.138
2.247
2.3601 2.480
39
2086
2.192
2.303
2.4191 2.542
40
2.138
2.2471
2.360
2.4801 2.605
41
2.192
2.303
2.419
2.5421 2.671
42
2247
2.360
2.480
2.6051 2.737
43
2303
2.419
2.542
2871 2.805
44
2360
2480
2.605
2.737 2.876
46
2.419
2.542
2.671
2.8061 2.948
48
2480
2605
2737
2876 3.021
47
2.542
2.671
2.806
2-948
3.097
48
2.605
2737
2.876
3.021
3.174
49
2.871
2.806
2.948
3.097
3.254
50
2.737
2$76
3.021
3.1741
3.335
51
2.806
2.948
3.097
3.254
3.419
52
2.876
3.021
3.174
3.335
3.504
53
2948
3.097
3.254
3.419
3.592
54
3.021
3.174
3.335
3.504
3.681
55
3.097
3.254
3.419
3.592
3.773
56 3.174
3.3351
3.504
3.681
3.868
57 3.2541 3.4191
3.592
3.773
3.964
58
1 3.335
3.504
3.681
3.868
4.064
59
3.419
3.592
3.773
3.964
4.165
60
1 3.504
3.681
3.865
4.064
4.269
61
3.592
3.773
3.964
4.165
4.376
62
3.681
3.868
4 064
4.269
4.485
63
I 3.773
3.964
4.165
4.376
4.598
64
3.868
4.064
4.269
4.485
4.713
65
I 3.964
4.165
4 376
1 598
1.830
68
4.064
24 6969
4.485
4.713)
4.951
67
4.165
4.376
4.598
4.830
5.075
68
4.269
4.485
4.713
4.951 5.202
69
4.376
4.598
4.830
5.075 5.332
70
I 4.485
4, 7131
4 951
5.2021 5.465
71 I 4.598
4.830
5.075
5.3321 5.602
72 4.713
4.951
5.202
5.4651 5.742
33 4.830
5.075
5.332
5.6021 5.865
74 4 9511
5.202
5.465
5.7421 8.032
7S 1 5.075
5.332
5.602
5.8851 5.183
I£ ..Mp.wldeannllnvw T•
rage lane UT IWO
1 BENEFIT
DESCRIPTION
A
B
C
D
Insurance and Disability
Medical Insurance,
See Section IX, Item A
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Short Term Disability,
See Section IX Item C
Full Coverage
Full Coverage
Full Coverage
Full Coverage
Dental
See Section IX Item B
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Life Insurance
See Section IX Item D
1 X Annual Salary
314 X Annual Salary
1/2 X Annual Salary
$12,500
Vehicle Usage
See Section IX,
Item G
City Vehicle or
$300/Month Allowance
Pool Car or Mileage
IRS Allowed Rate
Pool Car or Mileage
IRS Allowed Rate
Pool Car or Mileage
IRS Allowed Rate
Management Leave
See Section VIII,
Item A
9 Days/Year
8 Days/Yea'
7 Days/Year
N/A
Sick Leave Buy -Back
Sick Leave
See Section VIII,
Item B
See Section VIII,
Item B Subsection 8
12 DayslYear
May sell up to 96 hours
per year after
accumulation of 200
hours
12 Days/Year
May sell up to 96
hours per year after
accumulation of 200
hours
12 Days/Year
May sell up to 96 hours
per year after
accumulation of 200
hours
12 Days/Year
May sell up to 96
hours per year after
accumulation of 200
hours
I lolidays
See Subsection VIII,
Item J
10 Fixed
'3 Floating
10 Fixed
3 Floating
10 Fixed
3 Floating
10 Fixed
3: Floating
Ten (10) Fixed Holidays:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day and the Day After
Christmas Day
January 1st
3rd Monday In February
Last Monday in May
July 4th
1s1 Monday in September
2nd Monday in October
November 11th
4th Thursday in November and the Day Atter
December 25th
Matii4 of Benefits
APPENDIX "B"
Page Two of Two
BENEFIT
DESI RIPTION
A
B
C
D
/acation Buy Back
See Subse Lion .0. I
Item D SuLecti..i .
May sell up to 80 hours
per fiscal year
May sell up to 80
hours per fiscal year
May sell up to 40
hours per fiscal year
May sell up to 40
hours per lbcil year
�afeteria Benefit
See Subsection IX,
Item J
$150 00 per month
$100 00 per month
Police Sergeants
$80 00 per month
All Others
$100.00 per month
$90 00 per month
Uniform Allowance
Public Safety Personnel
Required Uniforms
City Provided
City Provided
City Provided
$600 00/Year
Safety Personnel
Annual Vacation
See Subsection VIII,
Item D
21 Days/Year
1-12 Years= 20 Days
12+ Years= 21 Days
1- 9 Years= 18 Days
10-12 Years= 20 Days
12+ Years= 21 Days
1- 4 Years= 12 Days
5- 9 Years= 18 Days
10-12 Years= 20
Days
12+ Years,- 21 Days
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA,
RELATING TO SALARY RANGES AND BENEFITS FOR EXECUTIVES,
SUPERVISORS, MIDDLE MANAGERS AND
CONFIDENTIAL EMPLOYEES
WHEREAS, in the organizational structure of the City of San
Jacinto involving the chain of responsibility and authority,
it is desirable to establish and define the limits of the
personnel defined as department heads, division heads, first
line supervisors, and confidential employees; and
WHEREAS, it is agreeable and desirable to define the
responsibilities and benefits to be derived by such personnel;
and
WHEREAS, it is the intent of this resolution to set forth and
clarify practices and procedures with regard to the groups,
and nothing contained herein shall be deemed to supersede the
City's Merit Personnel System, including personnel ordinances
and resolutions, unless otherwise specifically addressed
herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of San Jacinto affirms that:
SECTION I - The following employees are covered under this
resolution in accordance with the Fair Labor Standards Act:
CLASS A - Executive
City Manager
Director of Finance
Community Development Director
CLASS B - Middle Managers
Assistant to the City Manager
Police Lieutenant
Senior Planner
CLASS C - Supervisor
Police Sergeant
Economic Development Assistant
Chief of Police
Public Works Director
Police Commander
Utilities Superintendent
Resolution No.
Page Two
The following positions are designated as confidential
positions and are subject to the provisions of this
resolution:
CLASS D - Confidential Emolovee
Administrative Secretary I Administrative Secretary II
Deputy City Clerk
Executive Secretary to the City Manager
SECTION II - The purpose of a Management Team is established
as follows:
1. To recognize the character of the management positions and
incumbents as distinct from the classified employees.
2. To promote further identification of a management group
and understanding of associated roles and responsibilities.
3. To promote commitment by management personnel to goals and
objectives of the City Council as directed by the City
Manager.
4. To establish a system of compensation for management
personnel with competitive salary levels.
5. To give recognition to the impact of the employee on the
job and recognize specific performance levels.
6. To create performance orientation for management personnel
and encourage their contribution toward the goals.
7. To offer the highest possible caliber of public servants.
SECTION III - Participative Management Team Concept
1. Responsibility to participate in the ongoing decision -
making process.
2. A responsibility to promote a cohesive approach to the
performance of departmental duties and resolution of City
problems by Management Team participation.
3. Opportunity to expand personal horizons in a climate of
innovation.
4. Opportunity to serve on city-wide task forces as approach
to City problem -solving.
5. Management and confidential personnel shall not represent
employee bargaining units in employer -employee discussions.
Resolution No.
Page Three
6. Management personnel are expected to devote as much time
as is necessary to perform their particular duties regardless
of emergencies, work stoppages, or the normal work demands of
the City.
SECTION IV - Confidential Employees
A. Policy Statement
The purpose of classifying employees as "confidential,"
separate and distinct from other employee units, is to
assure that the City of San Jacinto should not be
required to deal with employees concerning labor
relations matters when employees have access to
confidential labor relations information of the City's
position prior to contract negotiations.
Confidential information concerning contract negotiations
is deemed by the City to be of such nature that there
should be no disclosure to any third parties except by
judicial process.
B. Definition
Confidential information is any information designated by
the City Manager or his/her designee to be of such
sensitive nature that disclosure of such would adversely
affect the interests of the City.
C. Prohibited Conduct
1. Any dissemination by any confidential employee to
any unauthorized third party is prohibited unless
expressly authorized by the City Manager or his/her
designee.
2. This prohibition applies not only to the employees
involved in the formulation of the confidential
information, but those employees who have clerical
responsibilities ancillary thereto.
3. Dissemination is prohibited to parties within and
outside of City employment.
D. Violation of Policy
Any confidential employee who disseminates confidential
information in violation of this Resolution shall be
subject to severe disciplinary action, up to and
including termination of their employment.
Resolution No.
Page Four
SECTION V - Performance Evaluation Criteria and Process
A. PERFORMANCE EVALUATIONS WILL BE CONDUCTED ANNUALLY.
COMPETENT AND MERIT ZONES
1. Overall contributions of the management employee in
solving problems, satisfying needs and desires of the
community in service areas for which the department is
responsible.
2. Degree to which basic management functions such as
planning, organizing, coordinating, budgeting and
supervising departmental activities are performed in an
efficient manner.
3. Extent of cooperation and efficiency shown with
public and City staff.
4. Extent to which agreed -upon departmental goals and
objectives are achieved.
5. Quality and professionalism of staff under
departmental direction and the state of employee morale
within the department.
6. Number and impact of procedures and techniques
initiated for cost -saving and/or efficiency purposes.
7. Efforts on the part of the employee to build and
strengthen the City Management Team.
8. Initiative demonstrated by addressing department
problems and fulfilling assigned responsibilities.
SECTION VI - Philosophy of Compensation
The City of San Jacinto recognizes that it competes in a
marketplace to obtain qualified personnel to perform and
provide municipal services. It further recognizes that
compensation and conditions of employment must be sufficiently
attractive to draw and retain qualified employees. Therefore,
the City will compensate its management employees with wages
and benefits commensurate with performance of the management
employee.
The philosophy is based in part upon socio-economic level of
the community and those standards, values and characteristics
as reflected to the City Council by the community.
Resolution No.
Page Five
SECTION VII - Establishment and Use of Salary Ranges and
Performance Zones
A. SALARY RANGES
1. Each job classification in the management and
confidential series shall have a defined salary range as
defined in "Appendix A" , effective the 2nd day of July,
1992, and thereafter, as approved by the City Council in
the annual operating budget.
2. Management and confidential classifications shall
have a 20 percent salary range starting from the
"average" entry level in the labor market.
3. Management and confidential classification ranges
shall have five (5) steps consisting of five percent (5%)
increments, unless otherwise specified.
B. STEP INCREASES
1. Annually on each employee's anniversary date, the
employee will become eligible for a step increase. The
first step shall be held for six months at which time the
employee shall become eligible for an increase.
Thereafter, all future steps shall be eligible after 12
months of service, with a satisfactory evaluation, at the
previous step unless advanced by the City Manager for
above -average service after six months to the next higher
step.
2. The City Manager shall have the authority to advance
an individual, within a range, a maximum of five percent
(5%) for merit and/or above -average purposes.
3. Salary at appointment shall be made at the first step
of the salary range for the particular class in which the
appointment is made. The City Manager shall have the
authority to appoint at a higher step if recruitment
circumstances warrant.
4. Advancement within a salary range shall be authorized
only after the affirmative recommendation of the City
Manager. Such recommendation shall be based only on
satisfactory job performance.
5. All performance evaluations performed pursuant to
this section shall be confidential.
Resolution No.
Page Six
SECTION VIII - Other Management Compensation Practices
LEAVES
A. MANAGEMENT LEAVE
1. Management employees, in recognition of management
status, are authorized to receive, compensated time off
as follows:
Class A - 9 work days/shifts per year
Class B - 8 work days/shifts per year
Class C - 7 work days/shifts per year
This is in addition to their regular vacations. Leave
requests are subject to approval of the Department head
and/or City Manager. The management leave days shall be
accrued in total at the beginning of each fiscal year and
must be taken within said fiscal year. If not taken
during the fiscal year, the employee shall lose the
days/shifts not taken.
2. Management personnel may be authorized additional
management leave depending upon individual performance,
department workload, special problems or long periods of
emergency work, provided approval is obtained from the
City Manager.
B. SICK LEAVE
1. Accrual of Sick Leave Every employee shall accrue
sick leave at the rate of 8 hours per month beginning
with the first day of employment. Employees hired
between the first and fifteenth day of the month shall be
credited with 8 hours of sick leave for the month of
hire. Employees hired between the sixteenth and the last
day of the month shall accrue four hours of sick leave
for the month. Sick leave may accrue up to a maximum of
960 hours for each employee.
2. Charge for Sick Leave If an employee performs
his/her duties for part of a working day, he/she shall be
credited with those hours worked and charged sick leave
only for those hours not worked by reason of illness or
injury.
Resolution No.
Page Seven
3. Proof of Illness The City Manager, or Department
Head may request a certificate issued by a licensed
physician or other satisfactory proof of illness before
sick leave is granted. Violation of sick leave privileges
may result in disciplinary action and/or loss of pay
when, in the opinion of the City Manager,or Department
Head, the employee has abused such privileges. If the
sick leave request equals five or more working days, the
City Manager, or Department Head may also designate
the licensed physician to conduct a physical examination
and such examination shall be conducted at City expense.
4. Illness or Injury While on Vacation Sick leave shall
be granted to all employees who become ill or injured
while on authorized vacation leave,provided such illness
would otherwise warrant use of sick leave and, provided
further, that an attending physician's statement is
furnished which states that the employee was
incapacitated to a degree which would prohibit his/her
performance of his/her normal duties.
5. Illness or In-iury While on Normal Time Off Sick
leave shall not be granted to employees who become ill or
injured while absent from duty during normal days off or
holidays. Should the injury or illness extend beyond
such authorized time off duty, sick leave may be
authorized in accordance with the conditions
of this section.
6. Maternity Leave Sick leave may be used during such
time an employee is on maternity leave authorized
pursuant to the City's Personnel Rules.
7. Extension of Sick Leave After an employee's sick
leave has been exhausted, he/she may be granted
permission by the City Manager to take any earned
vacation he/she may have accrued.
8. Sick Leave Buy Back• To qualify, a unit member must
have 200 hours of accumulated sick leave on the record as
of January 1, of each calendar year. Once qualified, a
member may sell up to 96 hours of sick leave back to the
City once each year, at a date of the employee's
choosing. The 200 hour balance will be maintained as of
the selected sell -back date.
Resolution No.
Page Eight
C. OVERTIME
1. Classes A, S and C, management personnel as
indicated, except as provided in subsection below, do not
receive overtime pay.
2. Police Lieutenants and Sergeants required to fill a
regularly scheduled shift other than their own shall
receive overtime at time and one-half pay rate.
Sergeants on a 3/12 work schedule shall be entitled to
overtime, for those hours in excess of 80 hours per 14
day work cycle.
Compensatory time off shall be provided to Police
Lieutenants and Sergeants as follows:
The City presently provides each affected employee
with the option of receiving earned overtime in cash
payments distributed following each appropriate fourteen
(14) day work period or, at the employee's discretion,
the option of designating each overtime hour worked,
multiplied by a factor of 1.5, to be credited to a
compensatory time off account, in a maximum amount of
forty (40) hours as determined after multiplication of
hours by the 1.5 factor. Said account and maximum
accrual limitation remains in full force and effect but
shall represent overtime resulting from non -training work
activities by affected employees.
In addition to the above compensatory time off
account, there shall be created a second, separate and
distinct compensatory time off account that shall
likewise have a maximum accrual of forty (40) hours and
which shall be funded by the same arithmetic formula as
described above. However, this second and distinct
compensatory time off account shall be funded only by
overtime work hours that result from the effect of
employee participation in Department mandated training
courses. Such training courses include, but are not
limited to, range qualification, defensive tactics
training, and baton training.
Additionally, neither of the above two (2)
compensatory time off accounts shall be convertible to
cash except at the time of the employee's separation from
employment with the City. Absent any said separation,
the accruals shall be distributed only as time off.
Resolution No.
Page Nine
Either of the compensatory time off accounts
described herein may be carried over from year to year
(with no greater than forty (40) hours accumulated in
each account) at the employee's option.
3. Class D employees will receive overtime compensation
at the rate of time and one-half. Class D employees are
authorized, in accordance with the Fair Labor Standards
Amendments of 1985, to accumulate not more than (40)
hours of compensatory time in lieu of overtime
compensation. Such compensatory time shall be earned at
the rate of one and one-half hours for each hour of work.
a. In accordance with the aforementioned Fair Labor
Standards Amendments of 1985, an employee who has
requested the use of earned compensatory time shall
be permitted to use such time within a reasonable
period after making the request if the use of the
compensatory time does not unduly disrupt the
operations of the department.
b. An employee at any time may request and receive
compensation for any compensatory time earned.
Such compensation shall be paid at the regular
rate earned by the employee at the time the
employee receives such compensation.
D. VACATIONS
Management and Confidential employees shall accumulate
vacation leave in accordance with the matrix of benefits,
i.e. Appendix "S".
1. Vacation Carryover Vacation accumulation shall be
limited to that amount accrued by an employee for a
twenty-four (24) month period of employment.
Any additional accumulated vacation shall be granted at
the discretion of the City Manager. After an accrual of
maximum hours of vacation time, accrual will cease.
Normal accrual of vacation time will resume whenever the
total accrual drops below the maximum accrual hours.
2. Scheduling Vacation The times during which an
employee may take his/her annual vacation leave shall be
determined by mutual agreement of employee and his/her
department head, where possible.
Resolution No.
Page Ten
3. Department Head vacations shall be approved by the
City Manager, so far as such are compatible with the
needs of the service. An employee may not schedule more
than three weeks vacation at any one time unless he/she
receives prior approval from the City Manager.
4. Holidays During Vacation leave In the event that one
or more municipal holidays fall within vacation leave,
such holidays shall not be charged as vacation leave, and
the leave shall be extended accordingly.
5. Effect of Vacation Accrual with Leave of Absence
The granting of any leave of absence without pay
exceeding fifteen (15) consecutive days shall cause the
employee's annual vacation accumulation to stop during
the calendar year, for each month or major portion of a
month that the employee is on leave of absence without
pay or until such time as the employee returns to work.
6. Pay for Accumulated Vacation An employee who leaves
the employment of the City shall be granted all
accumulated vacation or shall be paid at his/her rate of
compensation applicable at the time of separation. The
following method shall be used to calculate final month's
vacation accumulation: If an employee terminates on a
day falling on the first through the fifteenth of a
month, the employee shall receive credit for one-half the
month's vacation accrual; if an employee terminates on a
day falling on the sixteenth through the thirty-first day
of a month, the employee shall receive full credit for
the vacation accrual for the month.
7. Vacation Pay Upon Death When separation of
employment is caused by the death of an employee, payment
shall be made to the estate of such employee or, in
applicable cases, as provided by the probate code of the
State.
8. Vacation Buy Back can be requested by Class A/B
employees a maximum of 80 hours and Class C/D employees
a maximum of 40 hours unused vacation per fiscal year.
Buy back can be requested at any time during the fiscal
year and must be approved by the City Manager. Buy back
shall be at the current rate of pay.
Resolution No.
Page Eleven
E. JURY DUTY
Any employee who is called or required to serve as a
trial juror shall be entitled to a leave of absence
during the period of such service or while necessarily
being present in court as a result of such call. Under
such circumstances, the employee shall be paid the
difference between his full salary and any payment
received by him/her except travel pay, for such duty.
F. LEAVE OF ABSENCE WITHOUT PAY
1. General Policy
Any employee may be granted a leave of absence without
pay upon the approval of the City Council pursuant to the
recommendation of the City Manager except that in case of
a leave of absence without pay of sixty (60) consecutive
calendar days or less, the approval of the City Council
shall not be required. A leave without pay may be
granted for any of the following reasons:
Illness or disability
Pregnancy
To take a course of study which will increase the
employee's usefulness on return to his/her position
in the City service.
For personal reasons acceptable to the City Council
and/or City Manager.
In all cases involving requests applicable to
Federal and State Family Medical/ Acts, leave
shall be granted in accordance with such provisions.
Except as changed herein pursuant to provisions of
such acts allowing modification.
2. Leave Without Pay
An employee shall utilize all of his/her vacation and/or
compensatory time off prior to taking an authorized leave
of absence without pay.
A pro -rated reduction of normal annual vacation and sick
leave accruals shall be applicable to approved
absence without pay. Whenever the absence is less than
one month, the prorated reduction shall be rounded to the
Resolution No.
Page Twelve
nearest hour. An absence of fifteen days or more without
pay constitutes a break of continuous service with the
City. An employee on leave of absence does not have any
of the privileges granted regular full-time employees.
G. BEREAVEMENT LEAVE
Whenever any employee is compelled to be absent from duty
by reason of death or critical illness (where death
appears imminent) of members of the employee's immediate
family (father, mother, legal guardian, brother, sister,
spouse, children, mother-in-law, father-in-law,
grandmother, grandfather or grandchildren), such person
shall be entitled to a leave of absence with pay for up
to three working days. The employee shall furnish
satisfactory evidence of such death or critical illness
to his/her department head or City Manager. Sick
leave shall be allowed in any case where in the preceding
six (6) calendar months a leave on the grounds of the
critical illness of that same relative has been granted.
Leave of absence shall not be allowed. Such Bereavement
Leave may be increased up to a total of five (5) days in
the event of the death of a member of the immediate
family, when such services for the deceased person is
located more than 500 vehicular miles from the City of
San Jacinto and the unit member actually travels to
attend such services. Should leave be requested for
death of a non -married partner, the City Manager may
request a certification from the unit member as proof of
said relationship.
H. FAMILY SICK LEAVE
Employees may use up to three (3) days of family sick
leave for immediate family members per fiscal year.
Family sick leave may be used when a member of the
employee's immediate family (father, mother, brother,
sister, spouse, children, mother-in-law, father-in-law,
grandmother, grandfather or grandchildren and may include
the unmarried partner maintaining a marital -type
relationship with the employee, provided said partner
resides with the employee), requires the
immediate attention of the employee. Employees may be
required to provide satisfactory proof showing the nature
and extent of the illness or injury to justify the
absence. Family sick leave is in addition to sick leave.
Resolution No.
Page Thirteen
I. TEMPORARY DISABILITY LEAVE
1. Upon submission of an appropriate certificate from a
licensed physician, an employee may be granted temporary
disability leave. The employee utilizing temporary
disability leave may utilize all sick leave accredited to
him/her and upon the expiration of sick leave may utilize
any accredited annual vacation leave. When both sick
leave and annual vacation leave credits are exhausted,
the remainder of the absence required will be on the
basis of leave without pay. If leave without pay is
utilized, no accruals of leave or benefits will be
credited to the employee. The leave without pay will
constitute a break in continuous service with the City.
2. Pregnancy Leave Whenever the Temporary Disability
Leave is due to a pregnancy of a female employee,the
employee shall produce a certificate of a licensed
physician which shall advise the City as to the health
and welfare of the employee in relationship to the
physical and emotional demands of the position and duties
which she is performing for the City and shall state that
the employee should not continue her work assignments
until released by the physician. This release
certification shall insure that the employee is
physically and mentally capable of returning to normal
work assignments of the position which she departed.
Temporary disability leave because of pregnancy shall not
extend beyond a maximum period of six (6) months unless
the licensed physician requests an additional period of
absence which may or may not be granted by the City
Manager. It shall be the obligation of the employee to
notify the Department Head/City Manager as early as
possible of any knowledge relating to her pregnancy.
Not withstanding the above in no event shall any
certification requirement exceed the applicable
provisions of State or Federal Family Leave Acts.
Resolution No.
Page Fourteen
J. HOLIDAYS
Unit members shall be granted the following holidays:
a. New Year's Day (January 1st)
b. President's Day (3rd Monday in February)
c. Memorial Day (last Monday in May)
d. Independence Day (July 4th)
e. Labor Day (1st Monday in September)
f. Columbus Day (2nd Monday in October)
g. Veteran's Day (November 11th)
h. Thanksgiving Day (4th Thursday in November)
i. Thanksgiving Friday (day following Thanksgiving
j. Christmas Day (December 25th)
k. Three floating holidays each fiscal year
1. For Fiscal Year 1995-96, all Management/Confidential
employees will receive an extra floating holiday, (9)
hours, that must be used prior to July 1, 1996. Floating
holidays shall not be converted to cash nor carried over
to the following fiscal year.
1.1 Any holiday falling on Saturday shall be observed on
the preceding Friday.
1.2 Any holiday falling on Sunday shall be observed on
the following Monday.
1.3 If a holiday occurs on a day which is the employee's
regular day off, he/she shall be entitled to
holiday pay in the amount of eight (8) hours or
normal shift at straight time.
1.4 If an employee works on a holiday, he/she shall be
entitled to holiday pay in the amount of eight (8)
hours at straight time in addition to the amount
paid for any time actually worked.
1.5 At the discretion of the department head, an
employee may be given a day off in lieu of pay in
the case of 1.3 and 1.4.
1.6 Each department will adopt rules pertaining to the
required number of days notice for use of floating
holiday.
Resolution No
Page Fifteen
1.7 Any holiday falling on Saturday shall be observed on
the preceding Friday. If the preceding Friday is a
scheduled day off, then the holiday will still be
observed on Friday but affected employees (those who
are scheduled to be off from work) will not receive
any additional compensation for the holiday.
K. MILITARY LEAVE
Military leave shall be granted in accordance with the
applicable provision of State Law.
L. WORK SCHEDULE AND HOURS
1. Effective April 2, 1993, the following employee
classifications which are covered under this
resolution shall be assigned to work what is
commonly described as a 9/80 flexible work schedule:
1) all classifications in CLASS A (Executive); 2)
all classifications in CLASS B (Middle Managers); 3)
all classifications in CLASS C (Supervisor) except
those Police Sergeants who are scheduled to work a 3/12
work schedule; and 4) all classifications in CLASS D
(Confidential Employee)
For employees in those classifications covered by the
9/80 flexible work schedule, it shall proceed as
described in the following diagram with each five (5) day
work week followed by a four (4) day work week.
WEEK ONE
MON
TUE
WED
THU
FRI
SAT
SUN
Hours Worked
9
9
9
9
8
0
0
WEEK TWO
MON
TUE
WED
THU
FRI
SAT
SUN
Hours Worked
9
9
9
9
0
0
0
2. Employees in CLASS A, B, and C who are covered by
the 9/80 flexible work schedule will continue to be
exempt from the overtime provisions of the Fair Labor
Standards Act. Employees in Class D who are covered by
the 9/80 flexible work schedule will continue to be
entitled to receive overtime compensation or compensatory
time for working more than 40 hours in a work period.
Resolution No
Page Sixteen
3. Employees in CLASS A, B, and C who are covered by
the 9/80 flexible work schedule and who are exempt from
receiving overtime will continue to work as exempt
employees with the flexibility to come and go as the job
permits. However, employees in these classifications are
expected to perform the functions of their jobs within
the "new" 9/80 work schedule.
4. Employees in CLASS D shall commence their nine (9)
hour days at 7:30 a.m. be allowed a one (1) hour lunch
period and two (2) breaks of fifteen (15) minutes
duration to be taken at the work station. The nine (9)
hour day for such employees will end at 5:30 p.m. The
eight hour workday every other Friday shall commence at
8:00 a.m., and end at 5:00 p.m. On the Friday workday,
such employees in CLASS D are required to use one (1) of
their fifteen (15) minutes breaks between the hours of
8:00 a.m. and 12:00 p.m.
5. The work period for employees who are covered by the
9/80 flexible work schedule must be a regularly recurring
period of 168 hours. The work week under the 9/80 work
week will end at 11:59 a.m. on Friday and the following
work week will commence at 12:00 p.m. on Friday.
SECTION IX - Other Benefits
A. HEALTH INSURANCE
1. The City will provide fully paid health and medical
coverage for employee plus dependents.
B. DENTAL INSURANCE
1. The City will provide fully paid dental coverage for
employee plus dependents.
C. DISABILITY INSURANCE
The City shall contribute, on behalf of each employee, an
amount equal of the premium on the short-term disability
plan of the City's choice.
D. LIFE INSURANCE
Upon qualification, a group life insurance policy will be
provided for each management and confidential employee.
(shown on Appendix "B").
Resolution No
Page Seventeen
E. RETIREMENT
1. As a member of the Public Employees' Retirement
System, the City will contribute the normal employer's
full share of PERS retirement. The City's program shall
consist of the two percent (2%) at age 60, single highest
year, two percent (2%) at age 55 for safety employees'
highest three years and 1959 Survivor's Benefits for both
classes.
2. The City will pay, on behalf of the employee, a
maximum of seven percent (7%) of the employee's share of
the PERS contribution.
F. UNIFORM ALLOWANCE
The City shall provide uniforms to safety personnel
required to wear uniforms. Class D employees who
may be assigned to temporary dispatch duties shall
be eligible for uniform allowance. (See Appendix "B".)
G. CITY VEHICLES
Department heads will be authorized the full-time use of
assigned City vehicles. Personal use of the City vehicle
will be allowed on a limited basis and will comply with
IRS regulations. A vehicle allowance shall be authorized
for Department heads in -lieu of a City assigned vehicle
at the discretion of the City Manager. Full-time
vehicles may be assigned to other non -department head
management individuals at the discretion of the City
Manager. (see attached matrix of benefits, Appendix
11 B 11 )
H. MILEAGE REIMBURSEMENT
Should City require an employee to use his/her personal
automobile on City business, City shall reimburse the
employee the amount allowed by the IRS per mile for such
use. City may establish rules and regulations for the
use of personal automobiles, including the requirement
that the employee maintain liability insurance in such
amounts as City may prescribe, and a valid California
driver's license of the appropriate class. Nothing
stated herein shall be construed to require that City
permits use of a personal automobile for City business.
Each use of personal automobiles shall require the
approval of the City Manager or Department Head.
Resolution No
Page Eighteen
I. TUITION REIMBURSEMENT
1. All affected employees are eligible to receive
tuition reimbursement. Courses must have begun after
appointment and be in excess of the educational standards
for the position. An example of this would be job -
related college or university courses when the
specification for the classification calls for high
school graduation.
2. Employees shall be reimbursed for tuition,
registration fees and texts required for the eligible
courses. Expenses for parking, travel, lodging, meals,
processing fees, transcript fees, materials and any other
costs are not reimbursable.
3. Employees shall be reimbursed up to the dollar amount
charged for the same number of units per term by
California State University, except that those enrolled
in University of California courses shall be reimbursed
up to the dollar amount charged for the same number of
units by the UC campus attended.
4. Course work must be related to the employee's current
occupation or to a City classification to which the
employee may be eligible for promotion within the
employee's current job series within the next five years.
5. Courses must be traditional classroom courses taken
at colleges or universities approved by the Western
Association of Schools and Colleges. Credits given for
courses including, but not limited to, life experience,
military training, and professional training are not
eligible for tuition reimbursement.
6. Course work shouldnot duplicate training which the
employee has already had, which is to be provided in-
house, or previously taken courses unless special
approval has been granted by the Department Head and the
City Manager's office.
Resolution No.
Page Nineteen
7. Courses may be approved which are required for the
completion of the pre -approved job -related major. An
example would be general education or elective
requirements for the major as stated in the school
catalog. Remedial courses or those taken as required for
a non -approved major shall not be eligible.
8. Classes related to the use of purchased City -approved
computer equipment, may be authorized under the tuition
reimbursement program if pre -approval is granted before
commencement of a non -accredited class.
9. Course work cannot be taken on City time and it must
be certified that all courses submitted for approval are
taken on the employee's off -duty time.
10. A pre -approval form should be submitted to the
Department Head and to Personnel before the course work
is begun to certify eligibility.
11. In order to be reviewed, each application must state
exactly which units or credits the employee is applying
for and whether the courses submitted are core courses or
recommended electives for the approved major.
12. Reimbursement shall be submitted within three (3)
months of completion of the approved course with a
minimum final grade of "C" or its equivalent. A pass in
a pass -fail course will be considered equivalent to a
"C". No reimbursement shall be made for audited or
incomplete courses.
13. Employees must submit from the attendant institution
an original certification of major, fees paid and grade
achieved in order to have their application considered
for reimbursement. These documents must accompany the
reimbursement application form in order to be processed.
CAFETERIA BENEFIT
Employees are provided with a cafeteria benefit amount
based upon employee classification. See Appendix "B".
This benefit may be used by the employee for payment of
uncovered City group insurance premiums, tuition
reimbursement (See Section IX, Item I), deferred
compensation, health club, or may be cashed once per year
in the first pay period in December.
Resolution No.
Page Twenty
SECTION X - During the term of this Resolution, the City
reserves the right to discuss, with employees covered under
this Resolution, the implementation of Personnel Rules and
Regulations, Resolution for recognition of Employee
Organizations, Americans with Disabilities Act procedures,
Voluntary Time Bank Policy, and other policies which may
affect management and confidential employees.
During the term of this Resolution, the employees covered
by this resolution shall comply with the Drug and Alcohol Free
Workplace Policy, and the Harassment in Employment Policy,
and other policies which may affect management and
confidential employees.
SECTION XI - Term
The effective date of this Resolution is July 1, 1995, and
shall continue in force until amended or replaced by a
subsequent Resolution of the City Council.
SECTION XII Resolution No. 2223 is hereby rescinded upon
adoption of Resolution .
MOVED, PASSED AND ADOPTED THIS 21st day of November, 1995 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
Deputy City Clerk
AGENDA ITEM 4.1
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Brian McNabb, Director of Community Development
via Pamela Easter, City Manager
DATE: November 21, 1995
SUBJECT: SALE OF REDEVELOPMENT AGENCY LAND LOCATED AT THE NORTHEAST
CORNER OF SHAVER STREET AND JORDAN AVENUE
DESCRIPTION
Proposed sale of 13,900 square foot parcel, as identified above, for the eventual conversion of
five (5) dilapidated apartments into three (3) detached single family homes to expand the supply
of owner occupied low and moderate income homes.
RECOMMENDATION
Staff recommends that the Redevelopment Agency approve the sale of the Redevelopment
Agency Property, and the approval of the Disposition and Development Agreement with Pueblo
Development Company.
BACKGROUND
SALE OF PROPERTY REPORT
.32 ACRES - JORDAN AVENUE
Introduction
Based on Section 33431 of the Health and Safety Code, the Redevelopment Agency is required
to conduct a public hearing prior to the sale or lease of property owned by the Agency. The
public hearing must be properly noticed, pursuant to the Health and Safety Code. The Health
and Safety Code requires the public hearing notice to be published once a week for two
consecutive weeks in a newspaper of general circulation. The public hearing notice for this
action was published by the Hemet News on November 10, 1995 and November 17, 1995.
Pursuant to Section 33432 of the Health and Safety Code, the sale of the property shall be
conditioned on the redevelopment and use of the property in conformance with the
redevelopment plan. In order to implement this requirement, a Disposition and Development
Agreement has been prepared. The terms of the sale are included in the Disposition and
Development Agreement and are summarized as follows:
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City Council Staff Report
November 21, 1995
AGENCY
1. The Agency will convey the subject property to the Developer at no cost. The property
shall be reconveyed to the Agency at no cost to the Agency, if Developer fails to perform
in accordance with the Agreement.
2. The Agency will provide the property with all off -sites in place, with the Developer
responsible for the conversion of the apartment units into individual single family
dwellings.
3. The Agency will provide the financing, in the form of a construction loan totalling
$156,000, for the apartment conversion and subsequent re -construction of the homes.
4. The Agency will provide the improvement and development plans for the apartment
conversion and subsequent re -construction of the homes.
DEVELOPER
1. The Developer shall convert the five (5) dilapidated apartments into three (3) detached
single family homes, per the Agency's approved plans and specifications, included in the
DDA as Attachment No. 4.
2. The Developer shall market the site, secure qualified buyers, and sell each individual
home, with the proceeds of each sale returned to the Agency.
3. The Developer shall convert the apartments and re -construct the homes within an
established budget, included in the DDA as Attachment No. 6.
4. The Developers gall meet an established performance schedule referenced in the DDA,
and included in the DDA as Attachment No. 8. 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 conversion\re-construction of the 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 re -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 the two remaining homes within one -hundred and fifty (150)
calendar days following the completion of construction and issuance of
Certificates of Occupancy for two homes re -constructed.
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City Council Staff Report
November 21, 1995
5. The Developer shall maintain insurance for the protection of the Agency and to insure the
homes and site from fire and vandalism during the course of construction and until the
re -constructed homes are conveyed to qualified buyers.
6. The Developer shall return the proceeds from each individual sale to the Agency to
finance the subsequent phases of this development, and to re -invest in other City
Housing Program activities.
DISCUSSION
The site encompasses approximately 13,900 square feet and consists of five (5) dilapidated
apartments that are currently vacant. The site plan which has been approved by the Planning
Commission, indicates three (3) detached single family homes on lots which are 4,060 square
feet, 4,415 square feet, and 4,770 square feet. The homes will range in size from a two bedroom
- 2 bath home encompassing 929 square feet, to a 3 bedroom - 2 bath home encompassing
1,280 square feet.
The property was acquired from a private owner, and subsequently secured with temporary
construction fencing and boarding of doors and windows. Each of the units was vacant and
there were no relocation costs up to now. There may be relocation costs in the future based on
Federal requirements. Infrastructure adjacent to the site is substantially complete. The Agency
will be relocating/eliminating the driveways and re -constructing the curb and gutter on both
Jordan Avenue and Shaver Street. In addition, new sidewalk will be constructed adjacent to the
site.
The property is zoned R-3 and can be used for both single-family and multi -family construction
based on its zoning and General Plan designations. The Redevelopment Plan for this area is
consistent with the land use requirements established within the General Plan and applicable city
zoning ordinances. The development implements the goal of the Redevelopment Agency, to the
provide for low and moderate income housing with an emphasis on home ownership.
Based on the existing single family development pattern north and west of the site, and the
desire to create home ownership opportunities, the Agency elected to encourage the conversion
of the apartments into single-family homes. The commitment to the conversion of the five (5)
apartments into three (3) 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.
Based upon the Sub -recipient agreement with the County, related to the Federal HOME Grant
($110,000) that was used to acquire the site, the maximum purchase price of these homes is
$45,900 for unit "A" and $62,500 for unit "B". The Developer proposes sales prices ranging from
$42,500 to $44,000 for unit "A" and $52,000 to $57,000 for unit "B". Similar sized tract homes,
although on larger lots, in the in Country Meadows development and also in the Treasures
development all sell for in excess of $86,000. Similar sized Agency sponsored homes, also on
larger lots, range in price form $69,000 to $79,000.
City Council Staff Report
November 21, 1995
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 be priced at in
excess of $87,000.00. Additionally, the Agency will pay any applicable building permit/plan check
fees and also make available down payment assistance (maximum of $7500 per buyer) to each
qualified buyer. As such, with the off -site improvements, payment of building permit/plan check
fees, and down payment assistance the Agency subsidy will be approximately $18,000 per unit.
To insure affordability and prevent speculation buying for quick and excessive profit, the Agency
has established set sales prices and required the completed homes to be owner occupied.
Additionally, the homes can only be resold to households that meet the low and moderate
income standards set by the state. Further, 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 DDA 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 can revert to the Agency. However, the Developer
did include in the budget real estate commission to ensure that a professional broker will be
used to market and sell the homes. The entire proceeds of the home sales will be returned to
the Agency. This will provide funds to the Agency to finance additional housing activity in the
City.
Pueblo Development Company, the company proposed for this renovation project, is locally
owned with offices in San Jacinto. The Developer is identified as a General Partnership and lists
four principals in the operation. The principals of Pueblo Development Company indicate that
they have extensive experience in the construction industry, from sales and renovation of mobile
homes and earthquake damaged homes to full construction of commercial buildings.
Additionally, Pueblo lists an extensive group of sub -contractors anticipated for the project, eleven
of which are San Jacinto based.
CCRPT-95\CON VEYSH.JOR
Attachment: Disposition and Development Agreement
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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
PUEBLO DEVELOPMENT COMPANY
TABLE OF CONTENTS
1. SUBJECT OF AGREEMENT 1
1.1 Public Purpose of 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 Taxes and Assessments 5
2.8 Occupants of the Site 5
2.9 Condition of the Site 5
2.10 Conveyance to Eligible Persons and Families 6
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 6
3.4 Construction Schedule 6
3.5 Bodily Injury and Property Damage Insurance 7
3.6 City and Other Governmental Agency Permits 7
3.7 Environmental Impact Report 8
3.8 Anti -discrimination During Construction 8
3.9 Local, State and Federal Laws 8
3.10 Right of Access 8
3.11 Taxes, Assessments, Encumbrances and Liens 8
3.12 Prohibition Against Transfer of the Site, the Buildings
and Structures Thereon and Assignment of Agreement 8
3.13 Granting of Mortgage, Deed of Trust, Sale and Lease -Back
Financing 8
3.14 Holder Not Obligated to Construct Improvements 8
3.15 Notice of Default: Right to Cure 9
3.16 Failure of Holder to Complete Improvements 9
3.17 Right of the Agency to Satisfy Other Liens on the Site
After Title Passes 9
3.18 Certificate of Completion 9
4. USE OF THE SITE 10
4.1 Affordable Housing 10
4.2 Sale of Restricted Units 12
4.3 Restriction on Transfer by Sale of the Restricted Property or
Any Restricted Unit
4.4 Process to Complete First Transfer by Sale of Restricted Units
by Developer
4.5 Process to Obtain Approval of Transfer of a Restricted Unit
After the First Transfer by Developer
4.6 Covenants of Owner
4.7 Uses in Accordance with Redevelopment Plan:
Nondiscrimination
4.8 Effect and Duration of Covenants
12
13
14
16
16
16
5. SALES PRICE OF HOMES 17
5.1 Sales Price 17
5.2 Real Estate Commissions 17
5.3 Disbursement of Home Sale Proceeds 17
6. DEFAULTS, REMEDIES AND TERMINATION 17
6.1 Applicable Law 17
6.2 Termination by Developer 17
6.3 Termination by Agency 17
6.4 Institution of legal Actions 18
6.5 Acceptance of Service of Process 18
6.6 Rights and Remedies Are Cumulative 18
6.7 Damages 18
6.8 Specific Performance 19
7. GENERAL PROVISIONS 19
7.1 Notices, Demands, Communications Between the Parties 19
7.2 Conflict of Interest 19
7.3 Non -liability of Agency and City Officials and Employees 19
7.4 Extension of Times of Performance and Delays 19
7.5 Inspection of Books and Records 19
7.6 Plans and Data 20
7.7 Approval 20
SPECIAL PROVISIONS 20
8.1 Submission of Documents for Approval 20
8.2 Redevelopment Plan and Amendments to the
Redevelopment Plan 20
8.3 Amendments to this Agreement 20
8.4 Entire Agreement, Waivers and Amendments 20
8.5 Time for Acceptance of Agreement by Agency 21
MISCELLANEOUS PROVISIONS 21
9.1 Entire Agreement 21
9.2 Severability 21
9.3 Interpretation and Governing Law 21
9.4 Section Headings 21
9.5 Singular and Plural 21
9.6 Time of the Essence 21
9.7 Waiver 22
9.8 No Third Party Beneficiaries 22
9.9 Mutual Covenants 22
9.10 Counterparts 22
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9.11 Jurisdiction and Venue 22
9.12 Eminent Domain 22
9.13 Agent for Service of Process 22
9.14 Authority to Execute 23
9.15 Incorporation by Reference 23
9.16 Hold Harmless 23
9.17 Warranty Against Payment of Consideration for Agreement 23
9.18 Term 23
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
NO. 16 - Construction Deed of Trust and Loan 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 Pueblo
Development Company (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 Area") by providing for
the revitalization of a portion of the Project Area. The proposed project shall encourage the conversion
of an existing dilapidated five unit apartment complex into three detached single family dwelling units for
low to moderate income families. The finished dwelling units 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.
14 The Project 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
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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 three parcels of land as shown on the Site Map, located at the northeast corner of
Jordan Avenue and Shaver Street. Agency desires and Developer is prepared to rehabilitate the Site for
residential uses, consisting of three detached 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.
Parties to the Agreement
1.6.1 The Anencv. 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 312 East Main Street, San Jacinto, CA 92583.
"Agency," as used in this Agreement, includes the Redevelopment Agency of the City of
San Jacinto and any assignee of or successor to its rights, powers and responsibilities.
1.6.2 The Developer. The Developer is a for -profit general partnership, with a mailing
address of 350 S. State Street, Suite B, San Jacinto, CA 92583.
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 Prohibition Against Change in the Ownershia.Mananement and Control of
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 company 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.
Page No. 2
3 On
This determination of value for the property is based on the Agency's desire to encourage the
construction of affordable housing in the City and encourage the revitalization of the Heritage area of the
City. The zero value for the Site is reflected in Attachment No. 6 (Construction Budget).
2_1 Escrow
The Agency agrees to open escrow (the "Agency Conveyance Escrow") with Howard Escrow
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 Agent hereunder.
Upon delivery of the Grant Deed to the Escrow Agent 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. Recording fees;
3. Notary fees;
4. Any transfer tax and any state, county or city documentary stamps; and
5. 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.
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
Page No. 3
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 ten (10) 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 return 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 ten (10) 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 in 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 the Agency Conveyance Escrow consistent with the foregoing.
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.
Page No. 4
Z§ 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 ten (10) days following approval of this
Agreement.
Q Recordation of Documents
The Escrow Agent shall file the following documents for recordation - ong the land records in
the Office of the County Recorder for Riverside County: Grant Deed (Alta ment No. 5), and
Declarations of Conditions, Covenants and Restrictions for the Site (Attac ent No. 7). , (� n
e_e
2.7 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.
2.8 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.
2.9 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,
which would preclude or substantially Impair the Development of this site consistent with this Agreement.
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 seq. 25300, at seq. 25280 _elm.
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 governmental 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. To the best and actual knowledge of the Agency the current and only use of the site is multiple
family residential and as such the Agency did not require and/or has not commissioned a Phase I
Environmental Assessment concerning the Site to determine the suitability for the use intended by the
Developer and contemplated by this Agreement, or concerning the surface or subsurface conditions of
the Site; and If the soil conditions of the Site are not in all respects entirely suitable for the use or uses
to which the Site will be put, then it is the sole responsibility and obligation of Developer to take such
action as may be necessary and as anticipated by the Construction Budget included as Attachment No.
6, to place the Site in a condition entirely suitable , e developm-nt of the Site. In the event unusual
soils conditions occur, the Developer shall be . • •rded the amend t Agreement pursuant to
Section 8.3 of this Agreement. This is expres agreed betty en the parties to t 's Agreement to be a
material term of this Agreement.
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.
2.10 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 rehabilitate the site to contain three detached single-family homes per approved
Construction Drawings. 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 such revisions or corrections, to obtain waiver of
such requirements, or to develop a mutually acceptable alternative including amending this Agreement
pursuant to Section 8.3 of this Agreement. If no such alternative is developed, Developer shall be bound
by such revisions or corrections.
3.3 Cost of Construction
The cost of rehabilitating the Site and of all improvements hereon shall be borne by the
Developer, from construction loan funds provided by the Agency in the amount of $156,000.00. No third
party is intended to be a beneficiary of this section. The construction loan shall be secured by a note
and construction deed of trust as shown on Attachment No. 16. The Agency will also provide funds for
the development fees related to the rehabilitation project. In addition the Agency will provide finished
area improvements related to the off -site infrastructure.
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.
Page No. 6
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 attorney's fees and court costs) arising from or as a
result of the death of any person or any accident, injury, loss or damage whatsoever caused to any
person or to the property of any person which 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.
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 3.18 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.
3.6 City and Other Governmental Agency Permits
Before commencement of construction or development of any buildings, structures or other
work or 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. As indicated in Section 3.3, the Agency agrees to pay all
fees required for the home rehabilitation on the Site.
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.
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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
fair employment laws and regulations.
3.1 Local. State and Federal Laws
The Developer shall perform under this Agreement in conformity with applicable State and
Federal laws and regulations, including but not limited to all laws pertaining to building standards and
labor enforcement. In the event a change in law results in added cost to the Developer, the Developer
shall be afforded the AboiitSrto amend this Agreement pursuant to Section 8.3 of this Agreement.
1 NIONAntc
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 2.10 of this Agreement).
3.13 Granting of Mortgaae. 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.
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3.15 Notice of Default: Right to Cure
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 Developer
shall 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.
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 Agency
shall assume, at its sole option, ownership of the site. In addition, the Agency shall be entitled to,
related to the default and foreclosure, the following:
a. All expenses with respect to foreclosure;
b. Any improvements made by the developer.
3.17 Right 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.
3.18 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 and
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 California 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.
Page No. 9
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 Rehabilitation. Developer shall rehabilitate/convert the existing dilapidated five
(5) unit apartment complex into 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.
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 following
income groups calculated pursuant to Health and Safety Code section 50052.5,which sets forth the
following formulas:
(i) Very Low Income Households - the product of thirty percent (30%)
times fifty percent (50%) of the area median income adjusted for family size appropriate for the
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 earning greater than one
hundred ten percent (110%) of the area median income adjusted for family size.
(b) "Very Low Income Household" shall mean a household 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 as set forth In Health and Safety
Code Section 50105.
Page No. 10
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(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 as set 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 as set 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 Unit.
(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.
(h) "Purchase Housing Cost" of an Eligible Person or Family purchasing a
Restricted Unit 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 loans, 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 purchaser shall be an average of estimated costs for the next twelve (12)
months.
(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. 7]).
(i) "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
Page No. 11
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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.
(I) '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 commence 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 3.18 hereof.
Developer covenants and agrees that no sales shall be made to persons or families related, within the
fourth degree of consanguinity, to the Developer or anyone related by blood or marriage, to any the
Developer.
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 Family,
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
Page No. 12
(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 (i) 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 (ill) 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. 11 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.
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 Section 4.4(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) Sales Price. 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 2 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.
(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
Page No. 13
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 ff no Assumption Agreement is executed or
recorded.
(e) Delivery of Documents. In addition to the documents required to be
provided by Section 4.4(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.
4.5 Process to Obtain Approval of Transfer of a Restricted Unit After 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 312 E. Main Street, San Jacinto, California, the
form attached hereto as Attachment No. 14 fully completed 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:
Page No. 14
(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) 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 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.
(i) 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.
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 Aaencv Reauired 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
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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.
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 specified 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 be no
discrimination against or segregation of any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin or ancestry in the sale, transfer, use, occupancy,
tenure or enjoyment of the Site, 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 purchasers of the Sites. The foregoing covenants shall
run with the land.
The Developer shall refrain from restricting the sale of the property on the basis of race, color, creed,
religion, sex, marital status, national origin or ancestry of any person.
4A 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.
Page No. 16
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 1
Model 2
$45,900
$62,500
Any deviation from the price of the individual homes sold shall be at the sole discretion of the Agency.
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 which was not
previously included in the Construction Budget (Attachment No. 6).
12 Disbursement of Home Sale Proceeds
Sales proceeds from the purchase of each individual home within the Project by a qualified
household, as described in Section 4.1, shall be returned to the Agency.
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 (30) 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.
Page No. 17
0,26
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.
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 attomey's 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 be valid whether made within or without the State of California.
6.6 Rights and Remedies are Cumulative
Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties
are cumulative, and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the same
default 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 the
default.
Page No. 18
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.
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 1.6.1 and 1.6.2 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 Agency 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 shall also 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.
Page No. 19
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.
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
Li Submission of Documents for Approval
Whenever this Agreement requires either party to submit plans, drawings or other documents to
the other party for approval, which shall be deemed approved if not acted on by the other party within a
specified time, said plans, drawings or other documents shall be accompanied by a letter stating 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 Agreement. Waivers and Amendments
This Agreement is executed in triplicate originals, each of which is deemed an original. This
Agreement comprises pages 1 though 23 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.
Page No. 20
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.
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.
14 Singular and Plural
As used herein, the singular of any word 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. 21
30
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 parry'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 and 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.
9.4 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 Anent 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 California,
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. 22
f'?31
9.14 Authority to Execute
The person or persons executing this Agreement on behalf of Developer warrants and
represents that he/she has the authority to execute this Agreement and warrants and represents that
he/she has the authority to bind Developer to the performance of its obligations hereunder.
9.15 Incorporation by Reference
Any and all attachments 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
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
By
Dated: PUEBLO DEVELOPMENT COMPANY
By
Page No. 23
ATTACHMENT NO. 1
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ATTACHMENT NO. 2
That portion of Lots 68 and 70 of the Lands of the San Jacinto Land Association as per
map recorded in Book 8, Page 357 of Maps, in the office of the County Recorder of San
Diego County, Califomia, more particularly described as follows:
BEGINNING at the centerline intersection of Shaver Street and Jordan Avenue, as shown
by Map of Crystal Air Estates, recorded in Book 49, Pages 62 and 63 of Maps, Riverside
County Records, California;
THENCE North along the centerline of said Jordan Avenue a distance of 268.50 feet to
an intersection with the Westerly prolongation of the Southerly line of Lot 25 of said
Crystal Air Estates;
THENCE North 89° 57' 00" East along said Westerly prolongation and along the
Southerly line of Lots 25 and 26 of said Crystal Air Estates, a distance of 88.00 feet to
the Northwest comer of Lot 52 of said Crystal Air Estates;
THENCE South along the Westerly line of said Lot 52 a distance of 105.00 feet;
THENCE South 89° 57' 00° West a distance of 5.00 feet;
THENCE South a distance of 163.34 feet to the centerline of Shaver Street;
THENCE South 89° 48' 401 West a distance of 83.02 feet to the intersection of Shaver
Street and Jordan Avenue and the POINT OF BEGINNING.
EXCEPTING THEREFROM that portion within Shaver Street and Jordan Avenue.
ATTACHMENT NO. 3
Scope of Development
The project shall consist of the partial demolition of five dilapidated apartment units and
the conversion of those units into three (3) single-family detached homes. The site is
currently owned by the City of San Jacinto Redevelopment Agency. This parcel is
identified as Assessor Parcel No. 437-252-032.
Two of the single family homes will consist of three bedrooms and two baths with an
attached one car garage. The third single family home will consist of two bedrooms and
one bath, also with an attached one car garage. The homes will be constructed in the
following square footage:
Model A
Model B
929 square feet
1,280 square feet
All three 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. They 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 neighborhood on the block
The construction drawings provide homes with the following features:
* Mixture of wood -type siding and stucco exteriors
* Full fiberglass tub/shower unit combinations in 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.
ATTACHMENT NO. 4
Development Plans
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ATTACHMENT NO. 5
GRANT DEED
RECORDING REQUESTED BY )
AND WHEN RECORDED RETURN TO )
AND MAIL TAX STATEMENTS TO: )
SAN JACINTO REDEVELOPMENT AGENCY )
312 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 Pueblo Development Company, 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. Uses
For a period commencing upon (date of recording of Grant Deed) and expiring on June 28. 2023
[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 Nonsegreaation 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 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 Ilen 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, IimitatIons 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 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 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
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 9. Sales or Transfer of Property
Grantee covenants that he shall not make any sale, transfer, conveyance or assignment of the
Property or any part thereof or any interest therein without the prior written consent of Grantor, in
accordance with the DDA.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on
their behalf by their respective officers hereunto duly authorized, this day of , 1995.
ATTEST:
By:
Secretary
SAN JACINTO REDEVELOPMENT AGENCY
By:
Chairman
"AGENCY"
PUEBLO DEVELOPMENT COMPANY
By:
"DEVELOPER"
ATTACHMENT NO. 6
Construction Budget
Cost Breakdown
1.1 Demolition: Removal of all existing unusable landscaping, tear down and removal of
all; walls, ceilings, rafters, exterior finishes, floor finishes, doors, windows, interior
finishes, electrical, mechanical, and plumbing systems per demolition plans;
A 2 , A 3 $5,000
1.2 Fencing: 220 Feet of 1X6 Dog-eared Cedar, with 4 access doors with steel posts
(2") with Simpson' Pgt Hardware (M&L) See Exhibit B $3,050
1.3 Plumbing: All material, fixtures, and plumbing lines (M&L) $13,500
1.4 Concrete: All new raised floor footings, reinforcement, garage slab (4 inch thick), all
indicated hold downs, isolated pad footings (M&L) $3,950
1.5 Rough Carpentry: All lumber, hardware, fasteners, shear paneling, fascia board and
roof truss (M&L) $18,800
1.6 Drywall: Materials, tape, textures, patching of any existing walls ( tape and texture
only) (M&L) $6,900
1.7 Cabinetry: All kitchen cabinets (upper / lower), countertops, bath counters and
cabinets, face frame doors and linen cabinets (M&L) $9,500
1.8 Electric: New 100 Amp overhead main service per unit, all kitchen and house wiring,
includes basic fixtures per plans, telephone and cable hook-ups at wall (M&L)$6,350
1.9 Heating and Air. One (1) 2 ton and two (2) 2'/z ton Payne roof mounted units, flex
duct, and thermostats (M&L) $7,250
1.10 Insulation: R 30loose fill at lids, R-13 Batt at walls and floors (M&L) $4,200 .
1.11 Finish Carpentry: Moldings, casings, baseboards, trims, doors, jambs, closet
shelves, Bi-pass and Bi-folding doors, mirrors and medicine cabinets (M&L)$4,500
1.12 Flooring: 325 yards of carpet, 50 yards of vinyl floor covering (M&L) $3,700
1.13 Roofing: 20 year class "A", fiberglass with edge metal drip (M&L) $3,950
1.14 Stucco: Exterior, 3 new surface coats (scratch, brown, color), lath (M&L)... $13,000
1.15 Appliances: All appliances, Reference Sheet A-5 See Exhibit B $3,800
0 .-
1.16 Landscaping: Removal and trimming of trees and shrubs, provide new irrigation and
plantings (M&L) See Exhibit B $2,500
"1.17 Flatwork: Driveways and sidewalks per plans (M&L) $1,750
1.18 Windows: All windows per plans except as noted in Exhibit B $3,500
1.19 Painting: Includes; caulking, primer, and painting of exterior woodwork and
galvanized seams, facica and casings. Prepare and paint all interior walls, doors and
window frames $5,000
1.20 Garage Doors: Wood with clad finish and Douglas fir trim, paint grade . $2,550
1.21 Marketing and Sales: Advertising expense and Sales commissions $9,000
1.22 Telephone and Cable: Connect buildings to service provided by utility $ 200
1.23 General and Administrative: Includes salaries, insurance, permits, fees, interest,
utilities, site supervision, and office expense and profit $24,050
Total Project Cost 5156,000
ATTACHMENT NO. 7
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
SAN JACINTO REDEVELOPMENT AGENCY
312 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 Pueblo Development Company, 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 provides for
the execution and recordation of this document.
D. Developer deems it desirable to impose a general plan for the use and
maintenance of the Property, and to adopt and establish covenants, conditions and
restrictions upon the Property for the purpose of enforcing and protecting the 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 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, shall permit 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 owned 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 be stored, kept or maintained upon any portion
of the Parcel owned by such Owner, including the driveway. The City 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:
a. Landscaping on the Property shall be absent of the following:
(1) Lawns with grasses in excess of six (6) inches in height.
(2) Untrimmed hedges.
(3) Dying trees, shrubbery, lawns and other plant life from lack of
water or other necessary maintenance.
(4) Trees and shrubbery grown uncontrolled without proper
pruning.
(5) Vegetation so overgrown as to be likely to harbor rats or
vermin.
(6) Dead, decayed or diseased trees, weeds and other
vegetation.
(7) Inoperative irrigation system(s).
b. Yard areas shall be maintained so as to be absent of the following:
(1) Broken or discarded furniture, appliances and other
household equipment stored in yard areas for periods
exceeding one (1) week.
(2) Packing boxes, lumber, trash, dirt, and other debris stored in
yards or areas visible from public property or neighboring
properties for unreasonable periods.
(3) Unscreened trash cans, bins or containers stored in areas
visible from public streets for periods exceeding one (1) week
c. No building, wall or fence may be left in an un-maintained condition
so that any of the following exist:
(1) Building abandoned, boarded up, partially destroyed or left
unreasonably in a state of partial construction.
(2) 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.
(3) Broken windows, constituting hazardous conditions and/or
inviting trespassers and malicious mischief.
(4) Damaged garage doors that may become inoperative or
unsafe to operate.
(5) Graffiti remaining on any portion of the property for a period
exceeding the (10) days.
(6) Building interiors and exteriors shall be maintained to meet
standards of similar residential property in the City of San
Jacinto.
d. 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
Pueblo Development Company, such restrictions are specifically incorporated herein by
reference.
IN WITNESS WHEREOF, Owner has executed this instrument the day and year
first hereinabove written.
Pueblo Development Company
Dated: By:
"OWNER" (notarized)
Dated: By:
"OWNER" (notarized)
ATTACHMENT NO. 8
Schedule of Performance
The Developer shall commence demolition/conversion of the five apartments into the
three homes within 30 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
Certificate of Insurance
fe
r
SJV Development Company
350 S. State St Suite 1
San Jacinto, Calif 92583
909-654-2323 Fax 909-654-0930
General Contractors, License # 612716
Contact; George Souper
Proposal for Construction
To: The City of San Jacinto
Re -Development Agency
201 East Main Street
San Jacinto, Calif. 92583
Project
Shaver and Jordan Redevelopment
Project Scope
RECEIVF.
COT 2 3 1995
CCM -r jnit', neve!cpment
Construct an addition and rehabilitation of 5 existing units, to be converted into 3 new
rehabilitated dwelling units, with the upgrade of landscaping and existing infrastructure.
Project Guidelines
This proposal is based upon the approved construction documents prepared by Herron
and Rumansoff, Architects, except as noted in Article B. These documents are as follows;
Sheets A-1 through A-13, E-I, M-1 and M-2. This proposal is not given at "Prevailing
Wage", if this project falls under the Davis / Bacon Act consider this proposal Void.
Project Cost (See Exhibit A for Detail) $156,000
Marketing Plan
Sales and Marketing of these residential units will be contracted to a
local Real Estate Broker. We have contacted a number of Brokers who have
expressed interest in this project. The marketing will begin immediately with
the awarding of the contract. Initial efforts will consist of direct marketing to
renters in the San Jacinto area, to develop interest in home ownership and to
inform them of the programs available to assist them with affordable housing.
This will be combined with the Multiple Listing Service, Newspaper and
Weekly Shopper advertisement as well as on site signs.
A Sales and Marketing Budget of $9,000 has been established this
includes a negotiated commission and expenses,(see Exhibit A).
The Projected sales price for the planned units will be between;
$42,500 and $44,000 for Unit A, and $52,500 and $57,500 for The B Units.
Some consideration is contemplated for buyers who qualify and commit
during construction.
Accounting and Reporting
Our Accounting is performed on an accrual basis and each job is
reported independently, no indirect General and Administrative expenses are
assigned to a job for our internal reports. All jobs are reported on a
percentage of completion basis with a comparison to budget and percentage
variance. We maintain weekly updates for management on significant
elements, and prepare complete reports monthly. All Accounting functions
are computerized and reports can be prepared at any time.
SJV Development Company Profile
The Company is a General Partnership, with its stated objective being;
to develop residential and commercial properties, utilizing the experience
each Partner brings to the Company and the personal and professional
relationships we have developed over the years in our community.
Principals
George Souper; General Manager.
George has been a Mobile Home Dealer and Park owner in San
Jacinto for the previous 9 years. In this capacity he has rehabilitated
condemned rental units for low income residents, and completed over 30
renovations of housing units throughout Southern California for resale in the
$15,000 to $40,000 price range. George is bilingual in English and Spanish.
George has lived in the San Jacinto area since 1972 and his unique talents and
numerous personal relationships make him a key element in our future.
Kenneth Miller; Controller, Business Manager
Ken has been in the Restaurant business for the previous 20
years. He has functioned in all capacities of the business, from unit operations
(including the construction and opening of the Cask n' Cleaver on Florida in
Hemet, now Button's) to Vice President of Operations and Treasurer of The
C&C Organization, the owners and operators of Cask n' Cleaver, El Gato
Gordo, and Charley's restaurants. His responsibilities included overall
operating management of a business with 35 units, over 2000 employees, and
annual revenues of over $30 million. Ken maintains an equity and consulting
relationship with the C&C Organization today. Ken's education is in
Accounting, with a Bachelors Degree from Cal State Fullerton. His extensive
experience with corporate and Governmental reporting make him a valuable
member of our team.
Don Richart; Project Designer and Administrator.
Don has been in the San Jacinto Valley for the past 5 years. He
has worked with local builders as an in-house Project Designer, and
Construction Administrator. Don recently designed the award wining homes
on Dana Court in the Brown Street Redevelopment Project for the City of San
Jacinto Redevelopment Agency. Don brings 15 years of professional design
practice to the company, along with 5 years of construction administration
and advisement, including consulting for the City of Banning and the City of
Whittier on redevelopment projects.
Clark Pawlak: General Contractor, Site Superintendent.
Clark has been a General Contractor (B-1 license # 612716) for
the past 5 Y2 years, and has over 12 years of construction background with
significant supervisory experience with General and Framing contractors
throughout Southern California and Nevada. Recently he has worked with
Tibbits Development, and Reed West Development on a variety of projects,
and was the superintendent on the Pizza Hut job on State St. He has extensive
experience in all phases of single and multiple residential construction, as
well as commercial construction, and has just completed a number of
earthquake repair jobs in the San Fernando Valley. Clark's skill and
experience in the construction industry make him the cornerstone of our
business.
Exhibit A
Cost Breakdown
1.1 Demolition: Removal of all existing unusable landscaping, tear down and removal of
all; walls, ceilings, rafters, exterior finishes, floor finishes, doors, windows, interior
finishes, electrical, mechanical, and plumbing systems per demolition plans;
A-2 , A-3 $5,000
1.2 Fencing: 220 Feet of 1X6 Dog-eared Cedar, with 4 access doors with steel posts
(2") with Simpson' Pgt Hardware (M&L) See Exhibit B $3,050
1.3 Plumbing: All material, fixtures, and plumbing lines (M&L) $13,500
1.4 Concrete: All new raised floor footings, reinforcement, garage slab (4 inch thick), all
indicated hold downs, isolated pad footings (M&L) ...$3,950
1.5 Rough Carpentry: All lumber, hardware, fasteners, shear paneling, fascia board and
roof truss (M&L) $18,800
1.6 Drywall: Materials, tape, textures, patching of any existing walls ( tape and texture
only) (M&L) $6,900
1.7 Cabinetry: All kitchen cabinets (upper / lower), countertops, bath counters and
cabinets, face frame doors and linen cabinets (M&L) $9,500
1.8 Electric: New 100 Amp overhead main service per unit, all kitchen and house wiring,
includes basic fixtures per plans, telephone and cable hook-ups at wall (M&L)$6,350
1.9 Heating and Air: One (1) 2 ton and two (2) 2 1/2 ton Payne roof mounted units, flex
duct, and thermostats (M&L) $7,250
1.10 Insulation: R-30 loose fill at lids, R-13 Batt at walls and floors (M&L) $4,200
1.11 Finish Carpentry: Moldings, casings, baseboards, trims, doors, jambs, closet
shelves, Bi-pass and Bi-folding doors, mirrors and medicine cabinets (M&L)$4,500
1.12 Flooring: 325 yards of carpet, 50 yards of vinyl floor covering (M&L) $3,700
1.13 Roofing: 20 year class "A", fiberglass with edge metal drip (M&L) $3,950
1.14 Stucco: Exterior, 3 new surface coats (scratch, brown, color), lath (M&L)...$13,000
1.15 Appliances: All appliances, Reference Sheet A-5 See Exhibit B $3,800
1.16 Landscaping: Removal and trimming of trees and shrubs, provide new irrigation and
plantings (M&L) See Exhibit B $2,500
1.17 Flatwork: Driveways and sidewalks per plans (M&L) $1,750
1.18 Windows: All windows per plans except as noted in Exhibit B $3,500
1.19 Painting: Includes; caulking, primer, and painting of exterior woodwork and
galvanized seams, facica and casings. Prepare and paint all interior walls, doors and
window frames $5,000
1.20 Garage Doors: Wood with clad finish and Douglas fir trim, paint grade $2,550
1.21 Marketing and Sales: Advertising expense and Sales commissions $9,000
1.22 Telephone and Cable: Connect buildings to service provided by utility $ 200
1.23 General and Administrative: Includes salaries, insurance, permits, fees, interest,
utilities, site supervision, and office expense and profit $24 050
>
Total Project Cost $156,000
Exhibit B
Plan Exceptions
The construction documents provided for proposal; were lacking some
information, and also specified certain procedures or products that we feel
can be changed to provide a more cost effective project. In this regard where
information was omitted we have made reasonable assumptions. Where we
feel there is an opportunity to effect cost savings, we have bid the item as
specified unless specifically noted, and will recommend change orders that
will be to our mutual benefit. The following items were identified as omitted,
or potentially costly:
1.There are no Ceiling elevations or any provisions for kitchen
lighting.
2. Unit A, the garage has only one (1) wall finished at the dwelling side,
whereas Unit B's garage is finished at all four (4) walls, this would only
be necessary at common dwelling walls.
3. The new property line fencing is specified to be painted. We feel the cost
of this procedure would be an unnecessary expense for this project.
4. The appliances specified are obsolete. We have researched the correct
model numbers and cost; and believe these fixtures are overpriced and
excessive for redevelopment work.
5. There are no Landscape plans provided, we have figured in a basic
landscape layout that we believe is appropriate for this project, with
consideration for drought resistance and environmental sensitivities.
6. The window specifications, with Grids, result in a lowered "U Value" for
the windows of .75. This is below the required .87, and that standard can
not be met without a prohibited cost increase. Our bid on this item is
based on windows without Grids.
7. Rear doors to dwelling and garage call for half light. This is not secure or
cost effective, we recommend a solid door.
8. Wood siding is specified. A masonite siding would be less expensive and
would require less maintenance .
9. Entry Ways; posts are specified as 4X4 wrapped with Y2 inch pine. We
recommend a solid 6X6 post.
10. Sandblasting existing stucco. We recommend all new stucco.
11. New Facia at gable ends only, is specified. We recommend all new facia
and eliminate soffit at B Units.
12. Vaulted ceilings in B Unit may be eliminated to reduce cost.
13. Garage doors are specified as wooden overhead. We recommend metal
roll up doors to reduce cost and maintenance.
14. Chimney stacks are drawn on Unit B elevations, there is no fireplace on
plan sheet A-8 ( there is a fireplace drawn on electrical plan E-1). Our bid
is without fireplaces or chimney stacks, if this is required an adjustment
will be necessary.
15. Trim is not specified for rough or smooth, bid is for smooth.
16. Plumbing fixtures specified are extremely expensive, a significant savings
can be realized with acceptable alternatives.
17. Both B Units are to be connected. We have assumed that they sit at the
same elevation for this bid, if they are different by more than 1 1/2 inch
the cost will be significantly more.
Exhibit C
Anticipated Sub Contractors
Concrete New Look Masonry Plumbing G&M Plumbing
Hemet, Calif. San Jacinto, Calif
Drywall Acoustic Clean Landscape Jaime Barrera
Hemet, Calif. San Jacinto, Calif.
Roofing Weathertight Rough and
Hemet, Calif. Finish Carpentry Clark Pawlak
SJV Development
Cabinets Cabinets by Mark San Jacinto, Calif.
San Jacinto, Calif.
Counter Tops Priest Flooring
San Jacinto, Calif.
Heating And Ley Heating and Air
Air San Jacinto, Calif
Electric Dewey's Electric
San Jacinto, Calif.
Garage Doors Arrow Garage Doors
San Jacinto, Calif.
Fencing Riverside Fence
San Jacinto, Calif
Appliances Familian Plumbing
Riverside, Calif.
Flooring Kustom Floors
Hemet, Calif.
Painting Tippit Painting
San Jacinto, Calif.
Stucco Tri City
San Jacinto, Calif.
Sheep
Pro ect Time Line
Jan 10- 1
MIME
Feb 1- 7
Feb & 14
Feb 15-21
Feb 22- 28
Mar 8-14
Mar 15-21
Demolition Clean u
C-ncrete
Framin!
Plumbin,
Electrical
Insulation
I
MIME
Stucco
Painter
Floor covenn,
Fence
Cleanu.
�11.1u
ATTACHMENT NO. 10
CERTIFICATE OF COMPLETION
RECORDING REQUESTED BY
SAN JACINTO REDEVELOPMENT,
AND WHEN RECORDED MAIL TO:
SAN JACINTO REDEVELOPMENT AGENCY
312 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 PUEBLO DEVELOPMENT COMPANY (collectively referred to as the "Developer"), the
Developer has constructed three homes at Jordan Street and Shaver Avenue 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 3.18 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.
rlrl
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.
ATTEST:
Agency Secretary
SAN JACINTO REDEVELOPMENT AGENCY
By:
Executive Director (notarized)
ATTACHMENT NO. 11
_
MAXIMUM SALES PFIICF ILLUSTAATION
TJ-ItS IS A HYPOTHfT1CAI _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. Far 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) a $40.00.
6. Downpayment an 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:
I. Calculate monthly Affordable Housing Cost:
$ [Maximum income of Family of Low Income ad]uSted for
family size (4 persons)]
X [Affordable Housing Cost cannot exceed % of incc
divided by 12 [to calculate the maximum monthly Afforaable 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 C :.]
II. Calculation of maximum amount to be spent an 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)]
$
1
[Maximum amount (per month) to be spent on prim.1
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
the sales Price will increase by the amount of that deferred financing.
This additional financing must be deferred in order not to increase monthly
Purchase Housing Cast expenditures.
1. At a 10% interest rate, a $ monthly principal and
interest payment can carry a 30-year mortgage loan of
2 (a) [Mortgage ioanj
Price
{.
(1 downpayment %) times the Sales
(b) S loan = (1-.1) times, the Sales Price r
1
3. Solve for the Saies Price:
$ /(1-.1) Sales Price
Sales Price = $
ATTACHMENT NO. 12
THIS FORM MUST SE DELIVERED TO THE OWNER BEFORE PROCEEDING WITH ANY
TRANSFER OF THE PROPERTY.
1. The Proposed Transferee is
Names:
Current Address:
1994
Telephone Number:
2. The address of the property which
purchase is (the
San Jacinto Redevelopment Project Area No..
the proposed transferee desires to
,Property"), which was built in the
1.
3. The proposed transferee represents, warrants and covenantsle
following:
(a) The proposed transferee has never previously owned a single-family
will be the principal residence of the proposed
home.
(b) The Property
transferee.
(c) The combined maximum annual income
household members ncomeefrom proposed
souces) transferee is
rsy
figure ai
(d) The proposed transferee will deliver to the Agency a signed financial
statement an a form acceptable to the Agency.
4. The proposed transferee's household consists of the following persons
who will reside in the Property:
in the current year for all
$ . (This
Adults (18 or over) - (name of each]:
nw
Minors (under 18) - (name of each]:
5. The proposed transferee must submit to the Owner, on
form the Owner, an income certification so the Owner may
proposed transferee is an Eligible Person or Family.
6. A true and correct copy of the proposed transferee's
return to the U.S. Internal Revenue Service is attached 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 personal property being sold by the Owner to the
proposed transferee: $
(if none, so state)
(c) The price of $ to be paid by the proposed
transferee for any 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
S
a form available
determine if the
most recent tax
1st loan $
2nd loan $
Other (describe) $
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:
Zrd 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 • Cast 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 the purchase and sale or other agreement
between the owner and the proposed transferee is attached hereto.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
PROPOSED TRANSFEREE:
Date
signature
signature
print name
print name
street address
telephone
City State Zip Code
Devetotter s Certification
7 ,.,
c .
Based on the Proposed Transferee's Certificate, above, and ail documents
attached hereto, Developer hereby certifies that:
(1) Proposed Transferee is an Eligible 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.]
CNNNH=I:
[Name]
Date:
ATTACHMENT NO. 14
REQUEST FOR APPROVAL OF PROPOSED TRANSFEREE
THIS FORM MUST BE DELIVERED TO THE SAN JACINTO REDEVELOPMENT AGENCY BEFORE
PROCEEDING WITH ANY TRANSFER OF THE PROPERTY.
date
San Jacinto Redevelopment Agency
c/o City of San Jacinto
312 E. Main Street
San Jacinto, CA 92583
Attn: Executive Director
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 San
Jacinto to approve the proposed transferee.
1. The Proposed Transferee is
Name:
Current Address:
Telephone Number:
ATTACHMENT NO. 13
NOTICE OF INTENT TO TRANSFER
NOTICE OF INTENT TO TRANSFER MUST BE DELIVERED TO THE SAN
JACINTO REDEVELOPMENT AGENCY PRIOR TO PROCEEDING WITH
ANY TRANSFER OF THE PROPERTY
From: ("Owner")
To: San Jacinto Redevelopment Agency
c/o City of San Jacinto
312 E. Main Street
San Jacinto, CA 92583
Attn: Executive 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?
Date
Yes
No
Signature of Owner
( )
daytime telephone number of owner
Signature of Owner
( )
daytime telephone number of owner
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
(ii) 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 (2a) 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 personal property being sold by the owner to the proposed transferee:
(if none, so state)
(c) The price of $ to be paid by the proposed transferee for any 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).
(d) Sources of payment of sales price:
Sales price $
Cash down payment $
1st loan $
2nd loan $
Other (describe) $
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:
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: $
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 household members of the proposed
transferee is $ . (This figure must include ill. sources of income.)
(c) The proposed transferee will deliver to the Agency a signed financial statement on a form
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]:
5. The proposed transferee must submit to the Agency, on a form available form the Owner, an
income certification so the Agency 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.t 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 declare under penalty of perjury under the laws cf the State of California that the foregoing is
true and correct.
OWNER:
Date
signature signature
print name print name
street address telephone
City State Zip Code
PROPOSED TRANSFEREE:
Date
signature signature
print name print name
street address telephone
City State Zip Code
ATTACHMENT NO. 15
RECORDING REQUESTED BY
SAN JACINTO REDEVELOPMENT,
AND WHEN RECORDED RETURN TO:
San Jacinto Redevelopment Agency
312 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 Pueblo Development Company, 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 OF THE
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.
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
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 not 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.
ATTACHMENT NO. 16
RECORDATION REQUESTED BY and
WHEN RECORDED MAIL TO:
City Clerk
San Jacinto Redevelopment Agency
312 E. Main Street
San Jacinto, Ca 92583
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
CONSTRUCTION DEED OF TRUST
THIS DEED OF TRUST IS DATED , among PUEBLO DEVELOPMENT COMPANY, A
GENERAL PARTNERSHIP, whose address is 350 S. STATE STREET, SAN JACINTO, CA 92582
(referred to below as "Trustor); CITY OF SAN JACINTO REDEVELOPMENT AGENCY, whose address
is 312 E. MAIN ST., SAN JACINTO, CA 92583 (referred to below sometimes as "Trustee," "Lender,"
and "Beneficiary.).
CONVEYANCE AND GRANT. For valuable consideration, Trustor irrevocably grants, transfers and
assigns to Lender and Trustee, all of Trustor's right, title, and interest in and to the following described real
property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures;
all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in
utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property,
including without limitation all minerals, oil, gas, geothermal and similar matters, located in RIVERSIDE
County, State of California (the "Real Property"):
SEE ATTACHED EXHIBIT "A"
The Real Property or its address is commonly known as THAT PORTION OF LOTS 68 AND 70 OF THE
LANDS OF THE SAN JACINTO LAND ASSOCIATION AS PER MAP RECORDED IN BOOK 8, PAGE 357
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. The
Assessor's Parcel No. IS 437-252-047.
Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right,
title, and interest in and to all present and future leases of the Property and all Rents from the Property, if
applicable. This is an absolute assignment in the Rents, of applicable, given as additional Security pursuant
to California Civil Code Section 2938. In addition, Trustor grants Lender a Uniform Commercial Code
security interest in the Rents, if applicable, and the Personal Property defined below.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS, IF APPLICABLE, AND THE
SECURITY INTEREST IN THE RENTS, IF APPLICABLE, AND PERSONAL PROPERTY, IS GIVEN TO
SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL
OBLIGATIONS OF TRUSTOR UNDER THE CONSTRUCTION LOAN AGREEMENT, THE RELATED
DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT
OF RENTS, IF APPUCABLE, AND THE SECURITY INTEREST IN THE RENTS, IF APPUCABLE, AND
PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OBLIGATIONS OF TRUSTOR
UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF
EVEN DATE HEREWITH, ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT,
OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF
DEFAULT UNDER THIS DEED OF TRUST. THE CONSTRUCTION LOAN AGREEMENT AND THIS DEED
OF TRUST ARE GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
Page No. 1
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay
to Lender all amounts secured by this Deed of Trust as they become due upon the sale of each dwelling
related to this Deed of Trust, but in any event within 12 months of the effective date of this Deed of Trust,
and shall strictly and in a timely manner perform all of Trustor's obligations under the Construction Loan
Agreement, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and
use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Trustor may (a) remain in
possession and control of the Property, (b) use, operate or manage the Property, and (c) collect any Rents,if
applicable, from the Property.
Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly
perform all repairs, replacements, and maintenance necessary to preserve its value.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal,"
"release," and "threatened release," as used in this Deed of Trust, shall have the same meanings as set forth
in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub.
L No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the
Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., Chapters 6.5 through 7.7 of
Division 20 of the California Health and Safety Code, Section 25100, et seq., or other applicable state or
Federal laws, rules or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste"
and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or
any fraction thereof and asbestos. Trustor represents and warrants to Lender that: (a) During the period
of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment,
disposal, release or threatened release of any hazardous waste or substance by any person on, under, or
about the Property; (b) Trustor has no knowledge of, or reason to believe that there has been, except as
previously disclosed to and acknowledged by Lender In writing, (i) any use, generation, manufacture,
storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any
prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by
any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender
in writing, (i) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall
use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under,
or about the Property and (ii) any such activity shall be conducted in compliance with all applicable federal,
state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and
ordinances described above. Trustor authorizes Lender and its agents to enter upon the Property to make
such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance
of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for
Lender's purposes only and shall not be construed to create any responsibility or liability on the part of
Lender to Trustor or to any other person. Trustor hereby (a) releases and waives any future claims against
Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
any such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses,
liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer
resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation,
manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or
interest In the Property, whether or not the same was or should have been known to Trustor. The provisions
of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the lien of thls Deed of Trust and shall not be
affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Page No. 2
Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit,
or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the
generality of the foregoing. Trustor will not remove, or grant to any other party the right to remove, any
timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of
Lender.
Removal of Improvements. Trustor shall not demolish or remove any Improvements from the
Real Property without the prior written consent of Lender. As a conditlon to the removal of any
Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to replace such
Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real
Property at all reasonable times to attend to Lender's Interests and to inspect the Property for purposes of
Trustor's compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Trustor shall promptly comply with all laws,
ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use
or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Trustor may
contest in good faith any such law, ordinance, or regulation and withhold compliance during any
proceeding, including appropriate appeals so long as Trustor has notified Lender in writing prior to doing
so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
Lender's interest.
Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property.
Trustor shall do all other acts, in addition to those acts set forth above in this section, which from the
character and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and
payable all sums secured by this Deed of Trust upon the sale or transfer, without the Lender's prior written
consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer"
means a conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or
equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land
contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract
or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation,
partnership or limited liability company, transfer also includes any change in ownership of more than twenty-
five percent (25%) of the voting stock, partnership interest or limited liability company interests, as the case
may be, of Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by
applicable law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part
of this Deed of Trust.
Payment. Trustor shall pay when due (and in all events at least ten (10) days prior to
delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and
impositions levied against or on account of the Property, and shall pay when due all claims for work done
on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free
of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien
of taxes and assessments nor due and except as otherwise provided in this Deed of Trust.
Page No. 3
Right To Contest. Trustor may withhold payment of any tax, assessment, or claim in
connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Property
is not jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall within fifteen (15) days
after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the filing, secure
the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety
bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and
attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any
contest, Trustor shall defend itself and Lender shall satisfy any adverse judgment before enforcement against
the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the
contest proceedings.
Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence
of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver
to Lender at any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work
is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's
lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials,
Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part
of this Deed of Trust.
Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with
standard extended coverage endorsements on a replacement basis for the full insurable value covering all
Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,
and with a standard mortgagee clause in favor of Lender, together with such other insurance, including but
not limited to hazard, liability, business interruption, and boiler insurance, as Lender may reasonably require.
Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard insurance in excess
of the replacement value of the improvements on the Real Property. Policies shall be written in form,
amounts, overages and basis reasonably acceptable to Lender and issued by a company or companies
reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time
the policies or certificates of Insurance in form satisfactory to Lender, including stipulations that overages
will not be canceled or diminished without at least ten (10) days' prior written notice to Lender.
Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the
Property. Lender may make proof of loss if Trustor falls to do so within fifteen (15) days of the casualty.
If in Lender's sole judgment Lender's security interest in the Property has been impaired, Lender may, at
its election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of
the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property.
If the proceeds are to be applied to restoration and repair, Trustor shall repair or replace the damaged or
destroyed improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such
expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if
Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180
days after their receipt and which Lender has not committed to the repair or restoration of the Property shall
be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and
the remainder, if any, shall be applied to the principal balance of the Indebtedness.
If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to
Trustor as Trustor's interests may appear.
Page No. 4
Unexpired Insurance at Sale. Any unexpired Insurance shall inure to the benefit of, and
pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held
under the provisions of this Deed of Trust, or at any foreclosure sale of such Property.
Trustor's Report on Insurance. Upon request of Lender, however not more than once a
year, Trustor shall furnish to Lender a report on each existing policy of insurance showing: (a) the name
of the insurer; (b) the risks insured; (c) the amount of the policy; (d) the property insured, the then current
replacement value of such property, and the manner of determining that value; and (e) the expiration date
of the policy.
EXPENDITURES BY LENDER. If Trustor fails to comply with any provision of this Deed of Trust,
or If any action or proceeding is commenced that would materially affect Lender's interests in the Property,
Lender on Trustor's behalf may, but shall not be required to, take any action that Lender deems appropriate.
Any amount that Lender expends in so doing will bear Interest at the rate charged under the Note from the
date incurred or paid by Lender to the date of repayment by Trustor. All such expenses, at Lender's option,
will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be
payable with any installment payments to become due during either (i) the term of any applicable insurance
policy or (li) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and
payable at the Note's maturity. This Deed of Trust also will secure payment of these amounts. The rights
provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may
be entitled on account of the default. Any such action by Lender shall not be construed as curing the
default so as to bar Lender from any remedy that it otherwise would have had.
WARRANTY: DEFENSE OF TITLE. The following provisions relating to ownership of the property are
a part of this Deed of Trust.
Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property
in fee simple, free and clear of all liens and encumbrances other than those set forth In the Real Property
description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted
by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to
execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will
forever defend the title to the Property against the lawful claims of all persons. In the event any action or
proceeding is commenced that questions Trustor's title or the interest of Trustee or Lender under this Deed
of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party in such
proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the
proceeding by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender
such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property
complies with all existing applicable laws, ordinances, and regulations of governmental authorities.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this
Deed of Trust.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain
proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require
that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or
restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees incurred by any Trustee or Lender in connection with the
condemnation.
Page No. 5
Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in
writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain
the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate
in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will
deliver or cause to be delivered to Lender such instruments as may be requested from time to time to permit
such participation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES.
The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such
documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect
and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described
below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including
without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this
Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon
this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (b) a
specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness
secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lender
or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments
of principal and interest made by Trustor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date
of this Deed of Trust, this event shall have the same effect as an Event of Default (as defined below), and
Lender may exercise any or all of its available remedies for an Event of Default as provided below unless
Trustor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in
the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other
security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this
Deed of Trust as a security agreement are a part of this Deed of Trust.
Security Agreement. This instrument shall constitute a security agreement to the extent any of
the Property constitutes fixtures or other personal property, and Lender shall have all of the rights of a
secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Trustor shall execute financing statements and
take whatever other action is requested by Lender to perfect and continue Lender's security interest in the
Rents and Personal Property. Trustor shall reimburse Lender for all expenses incurred in perfecting or
continuing this security interest. Upon default, Trustor shall assemble the Personal Property in a manner
and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3)
days after receipt of written demand from Lender.
Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party), from which
Information concerning the security Interest granted by this Deed of Trust may be obtained (each as required
by the Uniform Commercial Code), are as stated on the first page of this Deed of Trust
FURTHER ASSURANCES; ATTORNEY -IN FACT. The following provisions relating to further
assurances and attorney -in -fact are a part of this Deed of Trust.
Page No. 6
Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will
make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's
designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case
may be, at such times and in such offices and places as Lender may deem appropriate, any and all such
mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation
statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion
of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the
obligations of Trustor under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and
security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned
or hereafter acquired by Trustor. Unless prohibited by law or agreed to the contrary by Lender in writing,
Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred
to in this paragraph.
Attorney -in -Fact. If Trustor fails to do any of the things referred to in the preceding paragraph,
Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor
hereby irrevocably appoints Lender as Trustor's attomey-in-fact for the purpose of making, executing,
delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the line of credit,
and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall
execute a request for full reconveyance and shall execute and deliver to Trustor suitable statements of
termination of any financing statement on file evidencing Lender's security interest in the Rents, if applicable,
and the Personal Property.
DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event
of Default") under this Deed of Trust:
Default on Indebtedness. Failure of Trustor to make any payment when due on the
Indebtedness.
Default on Other Payment. Failure of Trustor within the time required by this Deed of Trust to
make any payment for taxes or insurance, or any other payment necessary to prevent filling of or to effect
discharge of any lien.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition
contained in this Deed of Trust, the Note or in any of the Related Documents. If such a failure is curable
and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the
preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after
Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days;
or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure
and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance
as soon as reasonably practical.
Breaches. Any warranty, representation or statement made or furnished to Lender by or on
behalf of Trustor under this Deed of Trust, the Note or the Related Documents are, at the time made or
furnished was, false in any material respect.
Page No. 7
Insolvency The insolvency of Trustor, appointment of a receiver for any part of Trustor's
property, any assignment for the benefit of creditors, the commencement of any proceeding under any
bankruptcy or insolvency laws by or against Trustor, or the dissolution or termination of Trustor's existence
as a going business (if Trustor is a business). Except to the extent prohibited by federal law or California
law, the death of Trustor (if Trustor is an individual) also shall constitute an Event of Default under this Deed
of Trust.
Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether
by judicial proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any
governmental agency against any of the Property. However, this subsection shall not apply in the event of
a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the
foreclosure or forfeiture proceeding, provided that Trustor gives Lender written notice of such claim and
fumishes reserves or a surety bond for the claim satisfactory to Lender.
Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement
between Trustor and Lender that is not remedied within any grace period provided therein, including without
limitation any agreement concerning any indebtedness or other obligation of Trustor to Lender, whether
existing now or later.
Event Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor
of any of the Indebtedness or such Guarantor dies or becomes incompetent or any Guarantor revokes any
guaranty of the Indebtedness. Lender, at its option, may, but shall not be required to, permit the Guarantor's
estate to assume unconditionally the obligations arising under the guaranty in the manner satisfactory to
Lender, and, in doing so, cure the Event of Default.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any
time thereafter, Lender, at its option, may exercise any one or more of the following rights and remedies,
in addition to any other rights or remedies provided by law:
Foreclosure by Sale. Upon an Event of Default under this Deed of Trust, Beneficiary may declare
the entire Indebtedness secured by this Deed of Trust immediately due and payable by delivery to Trustor
written declaration of default and demand for sale and/or written notice of default and of election to cause
to be sold the Property. After the lapse of such time as may then be required by law following the
recordation of the notice of default, and notice of sale having been given as then required by law, the
property, without demand on Trustor, shall be sold at the time and place as indicated in the notice of sale,
either as a whole or in separate parcels, and in such order as it may determine, at public auction to the
highest bidder for cash in lawful money of the United States, payable at time of sale. The sale may be
postponed for all or any portion of the Property by public announcement at such time and place of sale,
and from time to time thereafter by public announcement at the time fixed by the preceding postponement
In accordance with applicable law. The deed of conveyance of the property sold shall be delivered to such
purchaser, but without any covenant or warranty, express or implied. The recitals in such deed of any
matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, or
Beneficiary may purchase at such sale. After deducting all costs, fees and expenses of such sale and of
this Trust, including cost of evidence of title in connection with sale, the proceeds of sale shall be applied
to payment of: all sums expended under the terms hereof, not then repaid, with accrued Interest at the
amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder,
if any, to the person or persons legally entitled thereto.
Judicial Foreclosure. With respect to all or any part of the Real Property, Lender shall have the
right in lieu of foreclosure by power of sale to foreclose by judicial foreclosure in accordance with and to
the full extent provided by California law.
Page No. 8
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have
all the rights and remedies of a secured party under the Uniform Commercial Code, including without
limitation the right to recover any deficiency in the manner and to the full extent provided by California law.
Collect Rents, if applicable. Lender shall have the right, without notice to Trustor, to take
possession of and manage the Property and collect the Rents, if applicable, Including amounts past due and
unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In
furtherance of this right, Lender may require any tenant or other user of the Property to make payments of
rents, if applicable, or use fees directly to Lender. If the Rents are collected by Lender, then Trustor
irrevocably designates Lender as Trustor's attorney -in -fact to endorse instruments received in payment
thereof in the name of Trustor and to negotiate the same and collect the proceeds. Payments by tenants
or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments
are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under
this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession
of all or any part of the Property, with the power to protect and preserve the Property, to operate the
Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds,
over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond
if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent
value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property
is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default
of Trustor, Trustor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,
at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property
immediately upon the demand of Lender.
Other Remedies. Lender shall have any other right or remedy provided in this
Deed of Trust or the Note or by law.
Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any
public sale of the Personal Property or of the time after which any private sale or other intended disposition
of the Personal Property is to be made. Reasonable notice shall mean notice given at least five (5) days
before the time of the sale or disposition. Any sale of Personal Property may be made in conjunction with
any sale of the Real Property.
Sale of the Property. To the extent permitted by applicable law, Trustor hereby waives any and
all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall
be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender
shall be entitled to bid at any public sale on all or any portion of the Property.
Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this
Deed of Trust shall not constitute a waiver of or prejudice the parry's rights otherwise to demand strict
compliance with that provision or any other provision. Election by Lender to pursue any remedy provided
in this Deed of Trust, in the Construction Loan Agreement, in any Related Document, or provided by law
shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to
perform an obligation of Trustor under this Deed of Trust after failure of Trustor to perform shall not affect
Lender's right to declare a default and to exercise any of its remedies.
Page No. 9
Attorney's Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms
of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable
as attomeys' fees at trial and on any appeal. Whether or not any court action is involved, all reasonable
expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand.
Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attomeys' fees for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and
any anticipated post -judgment collection services, the cost of searching records, obtaining title reports
(including foreclosure reports), surveyor's reports, appraisal fees, title insurance, and fees for the Trustee,
to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
provided by law.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and
obligations of Trustee (if such is designated) are part of thls Deed of Trust.
Trustee. Lender, at Lender's option, may from time to time appoint a Trustee. The trustee,
without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the
Trustee in this Deed of Trust and by applicable law. Trustee shall meet all qualifications required for Trustee
under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part
of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the
right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided
by applicable law.
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall
have the power to take the following actions with respect to the Property upon the written request of Lender
and Trustor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of
streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real
Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest
of Lender under thls Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale
under any other trust deed or lien, or of any action or proceeding in which Trustor, Lender, or Trustee shall
be a party, unless the action or proceeding is brought by Trustee.
NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in
writing and shall be effective when actually delivered, or when deposited with a nationally recognized
overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class,
registered mail, postage prepaid directed to the addresses shown near the beginning of this Deed of Trust.
Any party may change its address for notices under this Deed of Trust by giving formal written notice to the
other parties, specifying that the purpose of the notice is to change the party's address. All copies of
notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to
Lender's address, as shown near the beginning of this Deed of Trust. For notice purposes, Trustor agrees
to keep Lender informed at all times of Trustor's current address. Each Trustor requests that copies of any
notices of default and sale be directed to Trustor's address shown near the beginning of this Deed of Trust.
STATEMENT OF OBLIGATION. Lender may collect a fee, in an amount not to exceed the statutory
maximum, for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of
California.
Page No. 10
J �
EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,
AND EACH TRUSTOR AGREES TO ITS TERMS, INCLUDING THE VARIABLE RATE PROVISIONS OF
THE NOTE SECURED BY THIS DEED OF TRUST.
TRUSTOR:
PUEBLO DEVELOPMENT COMPANY, A GENERAL PARTNERSHIP
By:
PRESIDENT/AUTHORIZED OFFICER
Page No. 12
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of
Trust:
Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire
understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration
of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or
parties sought to be charged or bound by the alteration or amendment.
Annual Report. If the property is used for purposes other than Trustor's residence, Trustor
shall furnish to Lender, upon request, a certified statement of net operating income received from the
Property during Trustor's previous fiscal year in such form and detail as Lender shall require. "Net operating
income" shall mean all cash receipts from the Property less all cash expenditures made in connection with
the operation of the Property.
Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender
in the State of California. This Deed of Trust shall be governed by and construed in accordance with the
laws of the State of California.
Caption Headings. Captioned headings in this Deed of Trust are for convenience purposes only
and are not to be used to interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with
any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,
without the written consent of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be
invalid or unenforceable as to any person or circumstance, such finding shall not render that provision
invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provisions
shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending
provision cannot be so modified, it shall be stricken and all other provisions of this Deed of Trust in all other
respects shall remain valid and enforceable.
Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer
of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their
successors and assigns. If ownership of the Property becomes vested in a person other than Trustor,
Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust
and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of
this Deed of Trust or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waivers and Consents. Lender shall not be deemed to have waived any rights under this
Deed of Trust (or under the Related Documents) unless such waiver is in writing and signed by Lender. No
delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any
other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or
prejudice the party's right otherwise to demand strict compliance with that provision or any other provision.
No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver
of any of Lender's rights or any of Trustor's obligations as to any future transactions. Whenever consent
by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not
constitute continuing consent to subsequent instances where such consent is required.
Page No. 11
ATTACHMENT NO. 16A
RECORDING REQUESTED BY AND
When Recorded mail to:
City Clerk
City of San Jacinto Redevelopment Agency
312 E. Main Street
San Jacinto, CA 92583
CONSTRUCTION LOAN AGREEMENT
CITY OF SAN JACINTO REDEVELOPMENT AGENCY
THIS LOAN AGREEMENT (the "Agreement") is made this day of , 1995
by and between PUEBLO DEVELOPMENT COMPANY ("Developer") and the
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO (the "Agency"), a public
body, corporate and politic.
RECITALS
A. Developer and Agency have entered into an agreement (the "Disposition and
Development Agreement" {DDA}) dated , 1995, for the rehabilitation of five
(5) dilapidated apartment units on to three (3) detached single family homes located on
the northeast corner of Jordan Avenue and Shaver Street, San Jacinto, California, and
more particularly described below (the "Property"):
A PORTION OF LOTS 68 AND 70 OF THE LANDS OF THE SAN JACINTO LAND
ASSOCIATION AS PER MAP RECORDED IN BOOK 8, PAGE 357 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA. The Assessor's Parcel No. is 437-252-047.
B. Developer requires financial assistance to complete the construction and sale of
the first phase of development of the Property.
C. Developer is required to market the Property to persons and families of low to
moderate income to preserve, improve, and increase affordable housing (as defined in
Health and Safety Code Sections 50052.5 and 50093) within the City of San Jacinto in
accordance with the Community Redevelopment Law, Health and Safety Code Section
33000, specifically Section 33334.2. immediate family intend to reside in the Property as
the family's primary residence at all times throughout the term of this Agreement.
D. The Agency desires to assist persons and families of low to moderate income to
purchase residential property to preserve, improve, and increase affordable housing (as
defined in Health and Safety Code Sections 50052.5 and 50093) within the City of San
Jacinto in accordance with the Community Redevelopment Law, Health and Safety Code
Section 33000, specifically Section 33334.2.
1
E. To promote these goals, and to reduce the cost associated with the development
of the single-family homes on Jordan Avenue and Shaver Street, the Agency is providing
the financing to the Developer toward the construction and marketing of the single-family
homes, which financing shall in no event exceed One Hundred Fifty Six Thousand Dollars
($156,000.00). The Agency intends that the financing will reduce the construction cost
and ultimately assist persons of low and moderate income to purchase single family
homes at affordable housing cost.
F. The Agency wishes to lend, and Developer wishes to borrow, Agency funds (the
"Agency Loan") to assist Developer to construct and market the homes on the Property
upon the terms and conditions set forth herein. The Agency Loan will accrue interest at
a rate of zero percent (0%). Payment on the Agency Loan will be based upon the sale
and close of escrow for each of the three homes, in three installments. The initial
payment, equal to the purchase price of the first home to sell, shall be made immediately
upon the close of escrow; the second payment equal to the purchase price of the second
home to sell, shall be made immediately upon the close of escrow; and final payment
equal to the remaining loan balance made immediately after the close of the final escrow.
If after 12 months from the effective date of this agreement or the Construction Deed of
Trust, all three homes are not sold and a loan balance remains unpaid, the Agency shall
have the option to declare default pursuant to Section 9 of this Agreement.
NOW, THEREFORE, for good and valuable consideration the parties agree as follows:
1. Agency Loan. The Agency shall loan to Developer (the "Agency Loan") the amount
of $156,000.00 (One Hundred Fifty Six Thousand Dollars and No Cents) subject to the
conditions and restrictions set forth herein and those set forth in the Agency Deed of
Trust. The Agency Loan shall be paid to the developer in the form of construction draws
approved by the by the Agency. The Agency loan shall be directed at completing the
construction and marketing of the development, including but not limited to materials and
labor directly associated with the development of the Property. At such time, Developer
shall execute, as maker, and deliver to the Agency a deed of trust incorporated herein by
this reference (the "Agency Deed of Trust").
2. Due on Sale. Transfer or Cessation of Owner -Occupied Status. Developer agrees
to notify the Agency not less than thirty (30) days prior to (i) the sale of the Property, or
(ii) the transfer of any interest in the Property. The Agency Loan shall be due and
payable upon the earlier of (i) such sale or transfer of the Property, or (ii) such time if or
when Developer is in default of any other obligation under this Agreement or the DDA.
For the purposes of this section, none of the following shall be deemed a sale or transfer
of title which would trigger the due on sale provision: (a) a transfer of gift, devise, or
inheritance to the owner's spouse, (b) transfer of title by an owner's death to a surviving
partner, or a surviving spouse of community property, or (c) transfer of title or an interest
in the Property to the spouse in conjunction with marriage.
2
')
3. Prohibition Against Refinance or Additional Encumbrances. Developer is prohibited ",
from refinancing the lien of the Agency Deed of Trust without the prior written consent of
the Agency. Developer also agrees to not further encumber the property with additional
liens. A violation of said provision will cause the Agency Loan to become immediately
due and payable. At the request of the Developer, the Agency may, in its sole discretion
in writing waive the requirements of this Section 3 and defer repayment and/or extend the
term of the Agency Loan. Developer warrants that the Agency lien contemplated in this
Agreement shall be a first priority and neither the Developer or any other person has or
will impair the first priority of this intended encumbrance.
4. Loan Servicing. The Agency may contract with a private lender to originate and
service the Agency Loan.
5. Subordination. The Agency finds and declares that an economically feasible
method of financing the construction on substantially comparable terms and conditions
is not reasonably available.
If any first lien on the Property ("First Lien") is held by an institutional lender or investor
(the "Lender"), such lender or investor shall be paid from the proceeds of this loan and
there shall be no lien on the Property that is prior and superior to this Loan Agreement
and the Agency Deed of Trust. Thus, no party, no successors and assigns receiving title
to the Property through a trustee's sale, judicial foreclosure sale, or deed in lieu of
foreclosure, and any conveyance or transfer thereafter, shall receive title free and clear
of the Agency Deed of Trust and covenants contained in the Loan Agreement.
6. Non -Waiver. Failure to exercise any right the Agency and/or Agency may have
or be entitled to, in the event of default hereunder, shall not constitute a waiver of such
right or any other right in the event of a subsequent default.
7. Indemnification. The Developer shall defend, indemnify, and hold harmless the
Agency and its respective officers, agents, employees, representatives and volunteers
from any against any loss, liability, claim or judgment relating in any manner to the
Property or this Agreement. The Developer shall remain fully obligated for the payment
of taxes, liens, and assessments related to the Property. There shall be no reduction in
taxes for the Developer, nor any transfer of responsibility to the Agency to make such
payments, by virtue of the Agency Loan.
8. Insurance. Developer shall maintain, during the term of the Agency Loan, an all-
risk property insurance policy insuring the Property in an amount equal to the full
replacement value of the structures on the Property. The policy shall name Agency as
loss payee and shall contain a statement of obligation on behalf of the carrier to notify the
Agency of any material change, cancellation or termination of coverage at least thirty (30)
days in advance of the effective date of such material change, cancellation or termination.
3
Developer shall transmit a copy of the certificate of insurance and loss payee
endorsement to the Agency within thirty (30) days of the effective date of this Agreement,
and Developer shall annually transmit a copy of the certificate of insurance and a loss
payee endorsement, signed by an authorized agent of the insurance carrier setting forth
the general provisions of coverage. The copy of the certificate of insurance and loss
payee endorsement shall be transmitted to the Agency as follows:
City of San Jacinto Redevelopment Agency
Attn: Executive Director
312 E. Main Street
San Jacinto, Ca 92583
Any certificate of insurance must be in a form, content and with companies approved by
the Agency.
9. Defaults. Failure or delay by either party to perform any term or provision of this
Agreement or of the DDA which is not cured within thirty (30) days after receipt of notice
from the other party constitutes a default under this Agreement; provided, however, if
such default is of the nature requiring more than thirty (30) days to cure, the defaulting
party shall avoid default hereunder by commencing to cure within such thirty (30) day
period, and thereafter diligently pursuing such cure to completion. The party who so fails
or delays must immediately commence cure, correct„ or remedy such failure or delay,
and shall complete such cure, correction or remedy with diligence.
The injured party shall give written notice of default to the party in default, specifying the
default complained of by the injured party. Except as required to protect against further
damages, the injured party may not institute proceedings against the party in default unit
thirty (30) days after giving such notice. Failure or delay in giving such notice shall not
constitute a waiver of any default, nor shall it change the time of default.
The default by developer in any term of this Agreement shall be a further basis to
authorize Agency to terminate the DDA pursuant to Article 6 of the DDA. Nothing in this
Section shall be construed to limit Agency's authority to enforce the Agency Trust Deed
through any available legal recourse, including but not limited to, judicial or non -judicial
foreclosure.
10. Documents. Developer is aware that the City has prepared certain documents to
implement the loan and secure repayment of the Agency Loan. Developer has reviewed
and agrees to execute the following documents in substantially the form as attached
hereto prior to receiving the Agency Loan, and any other documents reasonably required
by the Agency or a participating entity to complete the transaction contemplated herein:
4
(a)
7.1
Agency Deed of Trust
Developer agrees and acknowledges that the Agency Deed of Trust shall be
recorded against the Property with the County Recorder of the County of Riverside
and shall appear of record with respect to and as an encumbrance to the Property.
Developer agrees that this Agreement may also be recorded.
11. Further Assurances. The Developer shall execute any further documents
consistent with the terms of this agreement, including documents in recordable form, as
the Agency shall from time to time find necessary or appropriate to effectuate its entering
into this agreement and making the Agency Loan.
12. Governing Law. The Developer hereby agrees to comply with all ordinances, rules,
and regulations of the City of San Jacinto. Nothing in this Agreement in intended to be,
nor shall it be deemed to be, a waiver of any City of San Jacinto ordinance, rule, or
regulation. This Agreement shall be governed by the laws of the State of California. Any
legal action brought under this Agreement must be instituted in the Superior Court of the
County of Riverside, State of California, in an appropriate municipal court in that county,
or in the Federal District Court in the Central District of California.
13. Amendment of Agreement. No modification, rescission, waiver, release or
amendment of any provision of this Agreement shall be made except by a written
agreement executed by the Developer and the Agency.
14. Agency May Assign. Agency may, at its option, assign its right to receive
repayment of the Agency Loan proceeds without obtaining the consent of the Developer.
15. Developer Assignment Prohibited. In no event shall Developer assign or transfer
any portion of this Agreement without the prior express written consent of the Agency,
which consent may be given or withheld in the Agency's sole discretion. No assumption
of the Agency Loan shall be permitted at any time. This section shall not affect or
diminish the Agency's right to assign all or any portion of its rights to the proceeds of the
Agency Loan hereunder.
16. Entire Agreement. This Agreement, together with any attachments hereto,
constitutes the entire understanding and agreement of the parties. This Agreement
integrates all of the terms and conditions mentioned herein or incidental thereto, and
supersedes all prior negotiations, discussions and previous agreements between the
Agency and the Developer concerning all or any part of the subject matter of this
Agreement.
5
17. Notices. Any notices, requests or approvals given under this Agreement from one
party to another may be personally delivered or deposited with the United States Postal
Service for mailing, postage, prepaid, registered or certified mail, return receipt requested
to the following address:
To Developer:
To Agency:
Pueblo Development Company
350 S. State Street
San Jacinto, CA 92582
San Jacinto Redevelopment Agency
Attn: Executive Director
312 E. Main Street
San Jacinto, CA 92583
Either party may change its address for notice by giving written notice thereof to the other
party.
18. Attorneys' Fees and Costs. In the event that any action is instituted to enforce
payment or performance under this Agreement, the parties agree the non -prevailing party
shall pay all costs and all attorneys' fees incurred by such prevailing party in enforcing
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year written below.
"DEVELOPER"
Date: By:
Officer
"AGENCY"
Date: By:
Chairman
Agrementlddalddaatch.16a
6
G
S A N
'JACINTO
Lira
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: November 21, 1995
SUBJECT: ORDINANCE AMENDING ORDINANCE 999 PERTAINING TO FEES FOR
GARAGE SALE PERMITS
RECOMMENDATION
Introduce Ordinance which eliminates the Senior Citizen's fee exemption for garage sale
permits
BACKGROUND
The City Council has directed staff to bring this ordinance amendment, which more fully
reflects the costs to issue a garage sale permit. In a June 20th Staff Report, Chief Price
indicated we had issued 517 permits for garage sales at a cost of approximately $2114.
(This cost did not include enforcement personnel or overhead and administration.)
However, due to the senior citizen exemption within Ordinance 999 we had only
recovered $430 instead of the $2585 which would have been collected without the
exemption. By eliminating the exemption, the City will more fully recover its costs. The
attached ordinance eliminates the exemption altogether. If the Council wanted to totally
recover its costs, the permit fee would need to be increased to approximately $9.25.
The Council should be aware that staff plans to begin more actively enforcing the garage
sale ordinance. Press releases and radio announcements of this fact will be prepared.
Approximately February 1, 1995, we will begin issuing actual citations to violators.
BKM:Ir CCRPT-95\Ord-999.Rpt
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, AMENDING ORDINANCE
999 PERTAINING TO FEES FOR GARAGE SALE PERMITS
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 8 of Ordinance 999, amended as follows:
SECTION 8. PERMIT REQUIRED. It shall be unlawful to conduct a garage sale
unless a license to hold such a sale has been first obtained from the Collector and the
necessary license fee paid.
A list of all items with serial numbers must be submitted prior to being issued a permit.
License for an anticipated garage sale shall be obtained at least 48 hours prior to the start
of the sale. Applicants must apply in person and sign the required application. Cost of
a license is $5.00 for each sale or such other sum as the City Council shall establish from
time to time by resolution.
nior citizens over the agc of 55 years will be exempt from the permit fcc but will be
required to complete all othcr requirements. Sales by charitable or religious
organizations, when the sale proceeds are used solely for charitable or religious
purposes, will be exempt from the permit fee but will be required to complete all other
requirements.
Introduced at a regular meeting of said City Council on the 21st day of November, 1995.
MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the
day of , 1995, by the following vote.
AYES:
NOES:
ABSENT:
ATTEST
Mayor Deputy City Clerk
-2-
CERTIFICATE
STATE OF CALIFORNIA,
COUNTY OF RIVERSIDE,
CITY OF SAN JACINTO,
hereby certify that the foregoing is a true copy of Ordinance No. duly
adopted by the City Council of the City of San Jacinto at a regular meeting thereof held
the day of , 1995.
WITNESS my hand and official seal of the City of San Jacinto this
day of
Deputy City Clerk
-3-
■sue
S A N
JACINTO
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Gene Price, Interim Fire Chief
DATE: June 20, 1995
RE: Fire Department Service Level Analysis
RECOMMENDATION:
Receive information and give direction to staff on how to proceed
BACKGROUND:
On June 6, 1995, staff provided an analysis of department programs and the costs
associated with them. We also provided estimates of revenues collected. We have
been asked to further. examine services we offer or regulations we administer within our
departments for cost effectiveness. Specifically we are looking for programs that
possibly should be eliminated or modified. Below I have summarized these for your
review.
Garage Sale Permits
January 1995 to Present
Issued 517
Exempted $5.00 Fee 431
Permits that paid fee 86
Permit fee $5.00
Collected $430.00
Estimated cost of issuing permits $2114.53
Estimated Shortfall $1684.53
The estimated cost of issuing the permit does not include time spent by enforcement
personnel in the field. The fee is waived for people 55 years of age and older. If there
was no waiver, we would have collected $2585.
/fir+ a�b ki► •1 . 1
S A N
JACINTO
Staff Report
TO: Honorable Mayor & Councilmembers
FROM: Les Evans, Public Works Director
via: Brian McNabb, Acting City Manager
DATE: November 21, 1995
RE: TRAFFIC SPEED ORDINANCE
Recommendation:
Waive reading in full and read by title only and introduce (First Reading) Ordinance No.
, establishing speed limits on Meridian Street.
Fiscal Impact:
The cost of installation of a 45 MPH sign will be approximately $100.00.
Background:
On August 15, 1995, the City Council adopted speed limits on certain City streets. Since
that date, the City of Hemet has performed a speed zone survey on Meridian Street,
between Park Avenue and Washington Avenue. The street was only recently completed
and lies partially in Hemet and partially in San Jacinto. Since the City of Hemet would
like to post a 45 MPH speed limit on the portion of the street north of Park Avenue, they
have requested that the City of San Jacinto do likewise for the portion of the street south
of Washington. No homes will front on this portion of Meridian. Therefore, City staff
concurs with the City of Hemet in posting Meridian Street, between Park Avenue and
Washington Avenue, for 45 MPH.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, ESTABLISHING A SPEED LIMIT ZONE ON THE BELOW STATED
STREET WITHIN THE CITY OF SAN JACINTO
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1 This Council, having reviewed a speed zone survey conducted by the City
of Hemet Traffic Engineer in 1995 and being aware of the volume of use on said streets
in the City of San Jacinto and the number of accidents that have taken place in the
vicinity and having been advised that the City Traffic Engineer has recommended the
establishment of the indicated speed limit zones on these streets listed in Section 2, in
the City of San Jacinto, does hereby determine that the speed limit of 55 MPH on said
street is not a reasonable and safe speed on said street and that said lower speed limit
will be most appropriate to facilitate the orderly movement of traffic.
Section 2 That it is hereby established under the authority of Section 22357 and
Section 22358 of the Vehicle Code, State of California, a prima facie speed limit as
indicated on:
Meridian Street, between Park Avenue and Washington Avenue, to be 45 MPH.
INTRODUCED at a regular meeting of said City Council on the 21st day of November,
1995. MOVED, PASSED, and ADOPTED, at a regular meeting of said City Council on
the day of , 1995 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Mayor
City Clerk
1
C I Y OF H E M �. T
ENGINEERING AND TRAFFIC SURVEY
SUMMARY SHEET
(Prepared in accordance with C.V.C. Sec. 627
and CALTRANS Traffic Manual Section 8-03)
STREET: 4 E/D/AAJ �'7 LIMITS: Pam! 1J!/E,--.�,Cg,(//
DATE: / Z JUA./6 , / 7 .4' '' SURVEY LOCATION: S'OV7'(/4/4A/p7etx.i
DIRECTION: NORTH/SOUTH OR EAST/WEST
A. PREVAILING SPEED DATA
85TH PERCENTILE SPEED: 411-0 MPH
10 MPH PACE/PERCENT: g7 - SRL. MPH/ 54,0%,
85TH % ROUNDED TO LOWER 5 MPH INCREMENT:
4s
MPH
B. ACCIDENT HISTORY
NUMBER OF MONTHS COVERED:
TOTAL ACCIDENTS:
ACCIDENTS/MILLION VEHICLE MILES:
EXPECTED ACCIDENT RATE:
(z'4D iTEee417-65) a z)
C. CONDITIONS NOT READILY APPARENT (CHECK)
CROSSWALKS PEDESTRIANS/BICYCLES
ON -STREET PARKING FREQUENT INTERSECTIONS/DRIVEWAYS
UNUSUAL ROADWAY GEOMETRICS :/ DESIGN SPEED
FRONTING SCHOOLS/PARKS/RESIDENTIAL
OTHER CONDITIONS S7E6E7- A142. nr;s ,(/Z3
D. FURTHER 5 MPH REDUCTION JUSTIFICATION
ARE ACCIDENT HISTORY (B) OR CONDITIONS NOT READILY APPARENT (C)
JUSTIFICATION FOR SETTING SPEED LIMIT 5 MPH BELOW 85% SPEED
INCREMENT (A)? YES__ NO
E. RECOMMENDED SPEED UMIT e 5 MPH
IN THE PROFESSIONAL OPINION OF THE CITY TRAFFIC ENGINEER,
THE RECOMMENDED SPEED LIMIT IS FULLY JUSTIFIED WHEN THE
SPEED SURVEY AND OTHER FA ORS ARE .NSIDERED.
APPROVED & CERTIFIED BY:
1
CITY TRAFFIC ENG
R
CITY OF HEMET
CITY OF HEMET
RADAR SURVEY SHEET
LOCATION: /yi ./IDtJ/
SEGMENT: — a l.4.(//.UG'-O.t/
WEATHER. 7.CAdp
DATE: 4 . fit`/ I M E: Bey-- "I.30.4#1
OBSERVER• La
POSTED SPEED. 1,44-4E
DIRECTION:
MPH
NUMBER OF VEHICLES
5 10 15 20 25 30 35
TOTAL CUM.
% %
55
50
45
40
35
30
25
20
15
1 ; aa.
ewe
'72
8
4
l
1
TOTAL NUMBER OF VEHICLES
15 PERCENTILE SPEED 33
50 PERCENTILE SPEED 40
85 PERCENTILE SPEED '4 II,
10 MPH PACE- 3i-44
# OF VEHICLES IN PACE• 5Lo
% OF VEHICLES IN PACE* _
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CITY CLERK'S OFFICE USE ONLY
AGENDA ITEM NO. ('
CITY OF SAN JACINTO
STAFF REPORT
DATE: November 21, 1995
TO:
FROM:
Honorable Mayor and Members of the City Council
Nathaniel Holmes III, Chief of Police
via Pamela S. Easter, City Manager
SUBJECT: Discontinuance of Animal Control Program
RECOMMENDATION: Review and provide staff direction
FISCAL ANALYSIS: Savings of approximately $40,000, enabling the continued funding
of a police officer position.
BACKGROUND: In an effort to maintain police officer manning at a minimum of 1.0
officers per 1,000 population staff was directed to lay off the Animal Control Officer.
Council directed that the City Manager and Chief of Police were to ascertain the time line
for the formal Animal Control Program to be discontinued.
Some discussion was had regarding continuing the program on a partial basis, however
doing this results in increasing the expenditures for lodging animals at the Ramona
Animal Haven. As you will recall this account was cut almost in half also.
After reviewing the fiscal impact it is felt that the Animal Control Officer should be laid
off effective the pay period ending November 22, 1995.
Animal control functions will be handled as they have during other absences of animal
control personnel. Police Officers will, on an as available basis, handle these calls. They
will generate the necessary reporting, as required by the Health Department, in the case
of bites or vicious animals. In extraordinary situations the County Animal Control can be
utilized at their standard hourly rate of $41.00 per hour.
The Police Department will continue to utilize the Ramona Animal Haven for the care
and lodging of animals in need of care and lodging, with the funds remaining in the
budget. Also, in view of the proposed discontinuance of our program, it will be
necessary to direct the City Manager to terminate the agreement to provide joint animal
control services to the City of Hemet.
STAFF APPROVALS:
City Manager
City Attorney Finance Director
tS A N
JACINTO
Staff Report
TO: Honorable Mayor & Councilmembers
FROM: Nathaniel Holmes III, Chief of Police
via: Brian McNabb, Acting City Manager
DATE: November 21, 1995
RE: CHANGE IN POLICE DEPARTMENT TABLE OF ORGANIZATION
TO UPGRADE A SERGEANT POSITION TO THAT OF POLICE
COMMANDER
Recommendation:
Review and provide direction to staff.
Background:
Over the past several years the police department has lost personnel and in an effort to
not have these losses impact the public, the department has reorganized. This
reorganization resulted in the downgrading of a Lieutenant/Division Commander position
to that of a Sergeant and the complete loss of the other Lieutenant position. Operation
of a department this size is difficult with no mid -management staff of command level
personnel beyond the Chief of Police. Council suggested that the option of upgrading
a Sergeant position should be explored.
Fiscal Analysis:
The incremental cost of upgrading the Sergeant to Commander is estimated as follows:
Commander Sergeant Monthly Variance
Monthly Salary $ 5,040 $ 4,141 $ 899
Fringes @ 48% 2,419 1,988 431
Total Mo. Cost $ 7,459
$ 6,129 $ 1,330
Thus, the incremental cost impact of this upgrade would be $1,330 for each month of
upgrade this fiscal year.
Implementing this upgrade would entail either a promotion of a Sergeant to the
Commander position or layoff of a Sergeant, unless a Sergeant leaves for other reasons.
9096547337 CITY OF c^N JACINTO 030r'--.01 NOV 21 '95 15:40
STAFF REPORT
DATE: November21, 1995
TO: Honorable. Mayor and City Council
FROM: Brian McNabb, Acting City Manager
SUBJECT: Certification of Election Results - November 7, 1995
General Municipal Election
RECOMMENDATION: Adopt Resolution No. 95- , certifying the results of the
General Municipal Election held November 7, 1995.
BACKGROUND: The certification of election results from the Registrar of Voters was
received after hours on Monday, November 20, 1995. The receipt of the results was
after the posting of the 2genda. It would be at the discretion of Council to determine if
there "is a need for imm :diate action which cannot reasonable wait for the next
regularly scheduled meeting." Such determination would require a unanimous vote of
the Council. If such a determination cannot be made, the certification resolution would
be placed on the agenda for the regular meeting December 5, 1995, because the
Election Code requires tie existing legislative body to certify the election results at a
regular meeting following the certification from the Registrar, placing the matter in a
difficult situation in attempting to comply with both the Brown Act and the Election Code.
Pow
ost-it'" Fax Note 78 oero
9096547337 CITY OF qQN JRCINTU
030 NUV ' 95 15: 4U
RESOLUTION NO. 95-
A RESOLUTION 'DF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7,1995
WHEREAS, a general municipal election was held and conducted in the City of
San Jacinto, California, on Tuesday, November 7, 19995, as required by law; and
WHEREAS, the election was consolidated with other elections being held on the
same date, and the Registrar of Voters canvassed the returns of said election and has
certified the results as follows; and
WHEREAS, notice of said election was' duly given in time, form and manner as
provided by law; and that in all respects said election was held and conducted and the
votes cast thereat, received and canvassed and the returns made and declared in time,
form and manner as required by the provisions of the Elections Code of the State of
California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That there were fifteen voting precincts established for the purpose
of holding said election consisting of the regular election precincts
in said City.
SECTION 2. That said regular general municipal election was held for the
purpose of electing the,following officers and ballot measures of
said City as required by laws relating to cities in the State of
California to wit:
a. Three members of the City Council of said City for a term of
four years.
b. One City Clerk Of said City for a term of four years.
c. One City Treasurer of said City for a term of four years.
d. Shall the office.of City Clerk be appointive?
e. Shall the office of City Treasurer be appointive?
SECTION 3. Thai: the whole number of votes cast in said City was 2,375.
SECTION 4. Thai: the names of persons voted for at said election for members
of the City Council of said City, and votes cast, were as follows:
9096547337 CITY OF QN JACINTO 030 P.03 NUV 21 '55 15:41
Jim Conner , 1,494
Debbie Cornett 1,029
Jim Smedley 1,010
Jim Ayres 910
Richard E. Brewer 868
Tim Dunlap 781
John Roberts 309
Wr to In Candidate(s) 4
SECTION 5. Thot the names of the person voted for at said election for City
Clerk of said City was as follows:
None
Write In
202
SECTION 6. Thait the names of the person voted for at said election for City
Treasurer of said City was as follows:
None
Write in
178
SECTION 7. The ballot measure "I" Shall the Office of the City Clerk be
appointive was as follows:
Yes
No
1,166
1;067
SECTION 8. The ballot measure "J" Shall the Office of the City Treasurer be
appointive was as follows:'
Yes
No
1,110
1,116
SECTION 9. The City Council does declare and determine that:
Jim Conner was elected as,'a Member of the City Council of said City for
the full tenn of four years.
Debbie Ccmett was elected as a Member of the City Council of said City
for a full term of four years.
Jim Smedtey was elected as a Member of the City Council of said City for
a full term of four years.
9056547337 (LIY ur SHr+ JHL1NIu
U'Jk9 r.✓J4 IYUV C1 7J 1J•H1
No one was elected as City Clerk of said City for a full term of four years.
No one was elected as City Treasurer of said City for a full term of four
years.
The office of City Clerk shall be appointive.
The office of City Treasurer shall be elective.
SECTION 10.
The City Clerk shall make and deliver to each of such
persons so elected a Certificate of Election signed by
the City Clerk; and the City Clerk shall also administer
to each person elected the Oath of Office prescribed
in the State Constitution of the State of California, and
shall have them subscribe thereto and file the same in
the Office of the City Clerk.
APPROVED AND ADOPTED this 21st day of November, 1995, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
Bob Wilson, City Clerk
Deputy City Clerk
APPROVED AS TO FORM:
Jim Cox, City Attorney
S A N
JACINTO
n •4
lr �
Staff Report
TO: Honorable Mayor & Councilmembers
FROM: Brian McNabb, Acting City Manager
DATE: November 21, 1995
RE: 1995-96 ADDITIONAL BUDGET AUTHORITY
Recommendation:
It is requested that Council provide direction on the expenditure items as listed below.
Background:
On October 17, 1995, the Finance Director requested City Council approval for various
capital expenditures and personnel changes. In the past thirty days, additional questions
have arisen regarding staff authority to continue consulting service agreements, approve
minor capital items, approve unanticipated emergency repairs to City property and to
proceed with certain capital improvements projects.
EMERGENCY EXPENDITURES:
Staff is requesting that the City Council authorize the City Manager to approve
emergency expenditures up to $3,000. A $3,000 emergency expenditure authorization
would allow the City to conduct business without service interruption until such time that
the 1995-96 budget is adopted. Such authority would prevent delays in such things as
musuem or backhoe repair.
SERVICE CONTRACTS:
For the past two years the City has contracted with TBLA Landscape Architects to
manage the LLMD landscape maintenance contracts and to provide direction and
assistance to the City's landscape/irrigation workers. The contract amount is for up to
55 hours per month (hourly rate is $50.00 per hour).
Staff requests that Council extend the TBLA contract through February 29, 1996, when
the Landscape and Irrigation Leadworker position is expected to be filled.
MISCELLANEOUS:
Repair of Museum Gate - The entrance to the San Jacinto Valley Museum was
damaged last week. The cost to repair the damage is $825. The Museum remains
closed until the entrance gate is repaired. No funds were included in the 1995-96
proposed budget for extraordinary repairs. Funds could be taken from unappropriated
General Fund Reserve.
Installation of Handicap Ramp at Community Center - The existing handicap ramp
at the Community Center does not meet Federal requirements. The cost to remove the
old concrete and install the required facility is $1,500. No funds were included in the
1995-96 proposed budget for this project. The City has been threatened with legal
action. Funds could be taken from unappropriated General Fund Reserve.
Rancho San Jacinto Security Lights - Several months ago eight security lights were
stolen and an additional 27 were damaged. These lights are located along the
sidewalk/bicycle path in the flood control channel between Rancho Park and Hewitt
Avenue. The cost of replacement/repair is $8,000. There has been increased vandalism
in the unlighted channels since the lights were damaged. $65,000 is included in the
proposed 1995-96 budget (Account No. 25-7252-420-3405) which could be utilized for
these repairs.
Widening of Ramona Expressway at Chase Street - Plans have been prepared for the
widening of Ramona Expressway at Chase Street to accommodate left turn lanes. The
cost of the project is estimated at :°= : c . The 1995-96 proposed budget included
funds for this project in Account No. 7 • .8900-41 0-4001.
Temporary Maintenance Workers - The City currently employs two temporary
maintenance workers whose contracts expire this month. The cost of these workers is
$7.00 per hour with no benefits. One of the workers is funded by the Water Department
and the other by the LLMD. The City could legally extend the contracts of these two
temporary workers until December 31, 1995 at which time they will reach a 1,000 hour
maximum for employees not eligible for benefits. The maintenance worker funded by
the Water Department is engaged in updating the inspection and testing of all the
backflow prevention devices in the City.
Since he has the required training to perform this work, it would be advantageous to
allow him to continue as long as possible. The other worker, funded by the LLMD, is
engaged in repairs to the City irrigation system in park and landscape areas. Since we
have had a severe vandalism problem all summer, utilizing this worker for the remainder
of the year will allow us to catch up.
Funding for these positions is available in Budget Account No. 50-9000-450-3090 (Water,
professional services) and Accounts 25-7100-25-7250, 25-7251 and 25-7252 (LLMD
professional services). If the Council wishes to continue these workers, each position
will require $1,344 for the remainder of the year.