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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 12/18/2003AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL DECEMBER 18, 2003, 700 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report / Recap of public comments from 11/20/03 and 12/4/03 / City Manager 3. PUBLIC HEARING 3.1 Public Hearing regarding the use of Community Development Block Grant (CDBG) Program Selection of Projects and Programs for Fiscal Year 2004/2005 / Approve selection of programs by non-profit organizations to be funded in Fiscal Year 2004/2005 / Approve the City sponsored programs and projects to be funded in Fiscal Year 2004/2005 / Community Development Director 3.2 Assessment District 2003-1 — Revised Engineer's Report for Maintenance of Streets, Roads, and Highways / City Attorney 3.2.1 Resolution No. _ /A Resolution ordering an Engineer's Report, setting a Public Hearing, providing for noticing and balloting for purposes of approving a revised Engineer's Report for Assessment District No. 03-01 (AD#03-01) pursuant to Benefit Assessment Act of 1982 / Approve and Adopt City Council Agenda December 18, 2003 Page 2 of 5 3.2.2 Public Hearing If a majority protest does not exist then proceed to 3.2. 3.2.3 Resolution No. /A Resolution of the City Council of the City of San Jacinto, California, Declaring the Results of the Assessment Ballot Tabulation, Amending Assessment District No: 2003-1 Pursuant to the Benefit Assessment Act of 1982, Ordering Maintenance Work Therein and Confirming the Diagram and Assessment / Approve and Adopt CITY DEPARTMENTS 4.1 Police Activities League (PAL) Building — Location and construction materials / Direct staff / Community Development Director 4.2 Fire Department's recommended site plan for future fire stations needed to serve the City at build out / Direct staff / Battalion Fire Chief 4.3 Local Appointments List aka Maddy List / Approve appointments to committees / City Clerk 4.4 Lyon Avenue Realignment / Master Drainage Facility and Regional Park / Authorize staff to complete tasks listed in Staff Report / City Engineer 5.0 CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members 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 a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 12/18/03 / Approve / Finance Director 5.1.2 Public Entity Risk Management Resolutions: 1) Resolution No. _ / A resolution authorizing amendment to Article 19(c) of the Amended and Restated Joint Powers Agreement of the Public Entity Risk Management Authority; and 2) Resolution No. _ / A resolution authorizing amendment to Articles 8(d), 10, 11, and 22 of the amended and Restated Joint Powers Agreement of the Public Entity Risk Management Authority / Approve and Adopt / Finance Director City Council Agenda December 18, 2003 Page of 5 5.1.3 Selection of a consultant to prepare a Public Facilities —Services Analysis and Development Impact Fee Study / Approve and Select / Community Development Director 5.1.4 Resolution No. I A Resolution approving the applicant to apply for grant funds for Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 / Approve and Adopt / Public Works Superintendent 5.1.5 Professional Service Agreement for Water and Wastewater Master Plan with Stetson Engineers / Approve and Authorize the Mayor to execute the agreement / Public Works Superintendent 5.1.6 Road Dedication / Hosanna Christian Fellowship / Accept deed for future widening of Sanderson Avenue at 350 S Sanderson Avenue I City Engineer 5.1.7 Resolution No. / Annual Report pursuant to Government Code Section 53410 regarding CFD No. 2 - Series A 2002 Bond Improvement Funds I Approve and Adopt / Finance Director 5.1.8 Final Tract Map 24054 and Subdivision Agreement including Labor and Performance Security for required improvements / Approve and Authorize City Manager to execute substitute subdivision agreement for completion of public improvements for Final Tract Map 24054, Accept associated labor and performance in the amount of $510,355.57 and monumentation bond in the amount of $2,500.00, and release existing subdivision improvement security for labor, material and performance bonds in the amount of$369,692.80 / City Engineer 5.1.9 Resolution No. / A resolution approving to apply for grant funds for the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 / Approve and Adopt / Public Works Superintendent 5.2.0 Resolution No. / A resolution approving to apply for grand funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 / Approve and Adopt / Public Works Superintendent 5.2.1 January 2004 Meetings / Adjourn the January 1, 2004 to January 8, 2004; and January 15, 2003 to January 22, 2004 / City Clerk 5.2.2 Soboba Bank of Luiseno Indians / Approve letter of support I City Manager City Council Agenda December 18 2003 Page 4 of 5 5.2.3 San Jacinto Museum Relocation / Approve and Authorize relocation of the San Jacinto Museum to the Estudillo Mansion Park site / City Manager 5.2.4 San Jacinto Unified School District Joint Community Facilities District Agreements / Consider, Approve and Adopt / Resolution No. / A resolution approving two certain joint facilities agreements between the City and the SJUSD concerning CFD Nos. 2003-1 and 2003-2 / City Attorney 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee an/or Agency Agendas / Receive and File / City Clerk 6.2 Skyview Park Neighborhood / Discussion / Mayor Ayres Installation of traffic calming devices or other methods to reduce speeds on Savory Lane •:• Installation of a barricade to restrict through -traffic on Savory Lane ❖ Installation of landscaping on the east side of Skyview Drive between Airlift and Sunswept Drives 7. CLOSED SESSION 7.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 7.2 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.5: One (1) or more cases REPORT OUT OF CLOSED SESSION — WESTERN PACIFIC 7.3 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: One (1) or more cases 7.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-050-014, APN 431-050-016, and APN 431-050-020 Agency negotiator: City Attorney Negotiating parties: City of San Jacinto and Anthony J. Iacono and Randy Record City Council Agenda December 18, 2003 Page 5 of 5 CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 9, ae4 , eity 60,4 4 tire eete, ad gagpaecicta, da dae 9 eagaed ade ftwad d 12e4 day 4 Deeem6, 2003 ae layeeted 4 &, MAYOR'S AGENDA Regular Meeting - San Jacinto City Council December 18, 2003, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order ❑ Call meeting to order at 1.2 Roll Call u_ 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto ❑ Call on Rev. Sauter for the invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report / Recap of public comments from 11/20/03 and 12/4/03 / City Manager ❑ Call on City Manager Peter Cosentini for his report 3. PUBLIC HEARING 3.1 Public Hearing regarding the use of Community Development Block Grant (CDBG) Program Selection of Projects and Programs for Fiscal Year 2004/2005 / Approve selection of programs by non-profit organizations to be funded in Fiscal Year 2004/2005 / Approve the City sponsored programs and projects to be funded in Fiscal Year 2004/2005 / Community Development Director ❑ Call on Tim Hults, Community Development Director, for Staff Report ❑ Open Public Hearing at pm ❑ Take public comments ❑ Close Public Hearing at pm ❑ Call on Council for discussion ❑ Call for motion and vote 3.2 Assessment District 2003-1 — Revised Engineer's Report for Maintenance of Streets, Roads, and Highways / City Attorney 3.2.1 f MNo A Resolution ordering an Engineer's Report, setting a Public Hearing, providing for noticing and balloting for purposes of approving a revised Engineer's Report for Assessment District No. 03-01 (AD#03-01) pursuan to Benefit Assessment Act of 1982 / Approve and Adopt ❑ Call on City Attorney ❑ Call for public comments ❑ Call for Council discussion ❑ Call for motion and vote on Resolutions 3.2.1 �n 3.2.2 Public Hearing ❑ Open the Public Hearing at " p.m4. ❑ Call for questions, comments, protests or objections fromyany persons wishing to speak with respect to Annexation No. 9 ❑ Take note of any written comments from City Clerk ❑ Close the Public Hearing at p.m. ❑ Call on Clerk Chouinard to tabulate the ballot and repo ❑ Call for Council discussion ❑ Call for motion and vote on 3.2.2 If a majority protest does not exist then proceed to 3.2.3 he results. 3.2.3 Are Resolution of the City Council of the City of San Jacinto, California, Declaring the Results of the Assessment Ballot Tabulation, Amending Assessment District No. 2003-1 Pursuant to the Benefit Assessment Act of 1982, Ordering Maintenance Work Therein and Confirming the Diagram and Assessment / Approve and Adopt ❑ Call for public comments ❑ Call for Council discussion ❑ Call for motion and vote on Resolution 3.2.3 Mayor's Agenda December 18, 2003 Page 2 of 6 CITY; DEPARTMENTS 4.1 Police Activities League (PAL) Building — Location and construction materials /,Direct staff /Community Development Director ® Call on Community Director Hults for staff report ❑ Call for public comments ❑ Call for Council discussion ❑ Call for motion and vote 4.2 Fire Department's recommended site plan for future fire stations needed to serve the City at build out? Direct staff I Battalion Fire Chief ❑ Call on Battalion Fire Chief Jim Barron for staff report ❑ Call for public comments ❑ Call for Council discussion ❑ Call for motion and vote 4.3 Local Appointments List aka Maddy List / Approve appointments to committees / City Clerk ❑ Mayor Ayres to make his recommendation for appointments ❑ Call for Council discussion ❑ Call for motion and vote 4.4 Lyon Avenue Realignment / Master Drainage Facility and Regional Park / Authorize staff to complete tasks listed in Staff Report / City Engineer ❑ Call on City Engineer Habib Motlagh for staff report ❑ Call for public comments ❑ Call for Council discussion ❑ Call for motion and vote 5.0 CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members 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 a specified item 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. Mayor's Agenda December 18, 2003 Page 3 of 6 5.1 1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 12/18/03 / Approve / Finance Director 5.1.2 Public Entity Risk Management Resolutions: Resolution No.` / A resolution authorizing amendment to Article 19(c) of the Amended and Restated Joint Powers Agreement of the Public Entity Risk Management Authority; and es luti n Nam. �ip�! A resolution authorizing amendment to Articles 8(d), 10, 11, and 22 of the amended and Restated Joint Powers Agreement of the Public Entity Risk Management Authority / Approve and Adopt 1 Finance Director 5.1.3 Selection of a consultant to prepare a Public Facilities — Services Analysis and Development Impact Fee Study / Approve and Select I Community Development Director 5.1.4 assgIutiort No (L / A Resolution approving the applicant to apply for grant funds for Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 / Approve and Adopt / Public Works Superintendent 5.1.5 Professional Service Agreement for Water and Wastewater Master Plan with Stetson Engineers / Approve and Authorize the Mayor to execute the agreement! Public Works Superintendent 5.1.6 Road Dedication I Hosanna Christian Fellowship / Accept deed for future widening of Sanderson Avenue at 350 S Sanderson Avenue I City Engineer 5.1. Resolution No Annual Report pursuant to Government Code Section 53410 regarding CFD No. 2 — Series A 2002 Bond Improvement Funds I Approve and Adopt / Finance Director 5.1.8 Final Tract Map 24054 and Subdivision Agreement including Labor and Performance Security for required improvements / Approve and Authorize City Manager to execute substitute subdivision agreement for completion of public improvements for Final Tract Map 24054, Accept associated labor and performance in the amount of $510,355.57 and Mayor's Agenda December 18, 2003 Page 4 of 6 monumentation bond in the amount of $2,500.00, and release existing subdivision improvement security for labor, material and performance bonds in the amount of$369,692.80 I City Engineer 60'1 5.1.9 Fie49jRtkpANoklI A resolution approving to apply for grant unds for the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 / Approve and Adopt I Public Works Superintendent 0C) ution No / A resolution approving to apply for grand funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 / Approve and Adopt / Public Works Superintendent 5.2.1 January 2004 Meetings / Adjourn the January 1, 2004 to January 8, 2004; and January 15, 2003 to January 22, 2004 / City Clerk 5.2.2 Soboba Bank of Luiseno Indians I Approve letter of support / City Manager 5.2.3 San Jacinto Museum Relocation 1 Approve and Authorize relocation of the San Jacinto Museum to the Estudillo Mansion Park site / City Manager 5.2.4 San Jacinto Unified School District Joint Community Facilities District Agreements I Consider, Approve and Adopt -t"4lutlon No - :-!/ A resolution approving two certain joint facilities agreements between the City and the SJUSD concerning CFD Nos. 2003-1 and 2003-2 / City Attorney O If no items are pulled for discussion, call for a motion and vote. O If items are pulled, request a staff report, public comments, a motion, and a vote. LI Recess the Regular Meeting to consider the Redevelopment Agency Agenda at p.m. O Reconvene the Regular Meeting following the Redevelopment Agency Meeting at p.m. Mayors Agenda December 18, 2003 Page 5 of 6 MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Committee an/or Agency Agendas / Receive and File / City Clerk Skyview Park Neighborhood I Discussion I Mayor Ayres + Installation of traffic calming devices or other methods to reduce speeds on Savory Lane Installation of a barricade to restrict through -traffic on Savory Lane Installation of landscaping on the east side of Skyview Drive between Airlift and Sunswept Drives 7. CLOSED SESSION 7.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 7.2 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.5: One (1) or more cases REPORT OUT OF CLOSED SESSION —WESTERN PACIFIC 7.3 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: One (1) or more cases 7.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-050-014, APN 431-050-016, and APN 431-050-020 Agency negotiator: City Attorney Negotiating parties: City of San Jacinto and Anthony J. Iacono and Randy Record 8. ADJOURNMENT Call for a motion and vote. 0 Adjourn the regular meeting at p.m. Mayor's Agenda December 18, 2003 Page 6 of 6 December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director' SUBJECT: Community Development Block Grant (CDBG) Program Selection of Projects and Programs for Fiscal Year 2004/2005 RECOMMENDATION: Staff recommends that the City Council: 1. Conduct the Public Hearing to consider comments regarding the use of Community Development Block Grant (CDBG) funds for Fiscal Year 2004/2005. 2. By Motion, approve the programs sponsored by non-profit organizations to be funded in Fiscal Year 2004/2005. 3. By Motion, approve the City sponsored programs and projects to be funded in Fiscal Year 2004/2005. BACKGROUND: The City of San Jacinto receives an annual allocation of Federal Community Development Block Grant Funds through the Riverside County Economic Development Agency. For Fiscal Year 2004/2005, the City expects to receive approximately $230,000. CDBG funds may be used public service activities, construction of infrastructure improvements, and programs such as housing, economic development, and code enforcement. The CDBG Program brings Federal dollars to local communities for the purpose of assisting low- and moderate income residents through public services, infrastructure improvements, economic development projects, and the elimination of blight. Funds are allocated based on population and the number of low- and moderate income households in each city. To be eligible for CDBG funding a program or project must meet one of three following national objectives: Apprcz7!-,, / City Manager: Finance Director: Page 1 of 2 III Activities benefiting low and moderate income persons/households. ▪ Activities which aid in the prevention or elimination of slums or blight • Activities designed to meet community development needs having a particular urgency. Programs and/or projects must also meet the eligibility requirements of the CDBG program. Of the $230,000 in anticipated funding, a maximum of 15% (approximately $34,500) may be used on public service activities and 85% (approximately $195,500) for projects and non-public service programs. As a requirement of receiving CDBG funds, the City must provide the opportunity for public comment regarding program/project funding. The City conducted a public hearing on November 20, 2003 and received comments. The notice of that public hearing was published around November 6, 2003: The notice of this public hearing for the selection of programs and projects was published on December 6, 2003. The City received ten applications from non -profits organizations for funding. In addition, the City is preparing several applications for funding consideration. The applications were reviewed and evaluated by the City Council Sub -Committee for the Community Development Block Program. The Council Sub -Committee recommendations are attached and are being presented to the full Council for consideration. The applications for the programs and projects selected by the City Council for funding will be forwarded to the Riverside County Economic Development Agency for final review of eligibility and then submitted to the Board of Supervisors for approval. The Board of Supervisors are expected to take action on the programs to be funded as part of the County's One -Year Action Plan for Fiscal Year 2004/2005 on April 27, 2004. Program funding is expected to be available in the fall of 2004. JUSTIFICATION: The Community Development Block Grant Program provides valuable funding for worthwhile capital improvement projects and community service programs by non-profit organizations. The CDBG program improves the quality of life for low and moderate income areas of the City. BUDGETARY IMPACT: The City expects to receive an annual allocation of approximately $230,000 in CDBG funding for Fiscal Year 2004/2005. The funds must be used for eligible programs and projects that benefit low and moderate income persons and areas. No administration costs are provided to manage the program. ATTACHMENTS: Exhibit A: Council Sub -Committee Recommendations Page 2 of 2 Exhibit A. Council Sub -Committee CDBG Recommendations Fiscal Year 2004/2005 Total Funds Requested (Non -Profits) ' $ 94,203 Estimated Total Funding Available $230,000* Public Services 15% ` $34,000 Other Program Projects 85% $196,000 Applicant Central County United Way Valley -Wide Recreation and Park District Program/Project Senior Home Repair Scholarship Program Funding $10,000 $5,000 San Jacinto Police Activities League, Inc. City of San Jacinto Youth Neighborhood Clean-up Program $10,000 $10,000 Total Public Services Funding (15%) $34,000 City of San Jacinto City of San Jacinto Code Enforcement Program Museum Relocation to Estudillo Mansion $146,000 $50,000 Total Non -Public Service Funding (85%) $196,000 TOTAL FUNDING $230,000 `The above funding amounts are based on an estimated allocation of $230,000 from the County. Program funding may be adjusted based on final allocation from the County. TO: The Honorable Mayor and Members of the City Council FROM: City Attorney and Special Tax Consultant SUBJECT: Assessment District 2003-1 (Road and Street Maintenance District) RECOMMENDATION: Take the following action in the order listed: 1. Adopt Resolution of the City Council of the City of San Jacinto, California Setting a Public Hearing and Providing for Noticing and Balloting for Purposes of Approving a Revised Engineer's Report for Assessment District No. 03-01 (AD# 03-01) Pursuant to Benefit Assessment Act of 1982. 2. Conduct a Public Hearing and Election regarding the Revised Engineer's Report. At the conclusion of the public hearing and if the City Council determines that a majority protest does not exist, adopt Resolution Declaring the Results of the Assessment Ballot Tabulation, Approving a Revised Engineer's Report for Assessment District No, 03-01 Pursuant to the Benefit Assessment Act of 1982 and Confirming the Diagram and Assessment. BACKGROUND: On November 6, 2003, the City Council considered and adopted a resolution authorizing the formation of an assessment district for the maintenance of streets and roads within three local residential projects (the "District"). At that time, the City Council also authorized the levy of assessments in accordance with the Assessment Engineer's Report. The District now desires to revise the rate of assessment to include the following: (a) a decrease in the minimum rate of escalation from two percent (2%) to zero percent (0%) as directed by the City Council at the November 6, 2003 hearing; and (b) anticipated annual Page 1 of 2 RVPUB/JSB/664285 Approvals. City Manager: Finance Director: increases in the cost of maintenance of streets, roads and highways within the District's boundaries. In order to accomplish (a) and (b) above, the District must hold another election to confirm the revised rates within the District. The District has scheduled a public hearing and election for the formation of the district and levy of the revised assessment pursuant to the Revised Assessment Engineer's Report. JUSTIFICATION: The confirmation of the revised engineer's report is necessary in order to ensure that a financial shortfall will not occur in the provision of street and road maintenance services. BUDGETARY IMPACT: The approval of the revised engineer's report will have a beneficial impact to the City because it will prevent the City's general fund from having to make up the shortfall that would occur in the absence of this revision. ATTACHMENTS: Resolutions (2) Resolution of the City Council of the City of San Jacinto, California Setting a Public Hearing and Providing for Noticing and Balloting for Purposes of Approving a Revised Engineer's Report for Assessment District No. 03-01 (AD# 03-01) Pursuant to Benefit Assessment Act of 1982. Resolution Declaring the Results of the Assessment Ballot Tabulation, Approving a Revised Engineer's Report for Assessment District No, 03-01 Pursuant to the Benefit Assessment Act of 1982 and Confirming the Diagram and Assessment. Revised Engineer's Report Page 2 of 2 RVPUB/JSB/664285 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SETTING A PUBLIC HEARING AND PROVIDING FOR NOTICING AND BALLOTING FOR PURPOSES OF APPROVING A REVISED ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 03-01 (AD# 03-01) PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982 WHEREAS, pursuant to Section 54715 of the California Government Code, the legislative body of a local agency may by ordinance or resolution, adopted after notice and public hearing, determine and propose for adoption an annual assessment on each parcel of real property within the jurisdiction of the local agency; and WHEREAS, the City of San Jacinto ("City") may establish zones or areas of benefit within the City and may restrict the imposition of the assessments to areas lying within one or more of the zones or areas of benefit established within the City and the assessments may be levied on a parcel, class of improvement to property, or use of property basis, or a combination thereof, within the boundaries of the City, a zone, or an area of benefit; and WHEREAS, on November 6, 2003, the City Council of the City of San Jacinto ("City Council"), pursuant to the Benefit Assessment District Act of 1982 (the "Act") established an assessment district ("District") for the annual levy and collection of assessments for the maintenance of streets, roads and highways within the City's boundaries; and WHEREAS, the District now desires to revise the rate of assessment to include the following: (a) a decrease in the minimum rate of escalation from two percent (2%) to zero percent (0%) as directed by the City Council at the November 6, 2003 hearing; and (b) anticipated annual increases in the cost of maintenance of streets, roads and highways within the District's boundaries; and WHEREAS, the City Council wishes to approve the revised engineer's report for all of the land described and shown on the map attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of annually levying assessments on all such land to pay the costs of street, road and highway maintenance within said district; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. Page 1 of 4 RVPUBIJSB1664284 NOW, THEREFORE, BE IT RESOLVED determined Council of the City of San Jacinto: and ordered by the City SECTION 1. Incorporation of 'Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Public 'Hearing. A public hearing ' on he establishment of proposed approval of a revised engineer's report shall be held at 7:00 p.m. on December 18, 2003, in the San Jacinto Unified School District Board Room, 2045 South San Jacinto Avenue, San Jacinto, California. SECTION 3. Engineer's Report. The City Engineer is directed to prepare or cause to be prepared and filed with the City Clerk a detailed report by a registered professional engineer certified by the State of California regarding the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance in accordance with Government Code section 54703 et seq., Government Code section 53753, and Article XIIID of the Constitution of the State of California, including the following: (a) a decrease in the minimum rate of escalation from two percent (2%) to zero percent (0%) as directed by the City Council at the November 6, 2003 hearing; and (b) anticipated annual increases in the cost of maintenance of streets, roads and highways within the District's boundaries. the SECTION 4. Notice. Unless otherwise waived by all property owners within the District, the City Clerk shall provide notice of said hearing in accordance with Government Code section 6066 by publication once a week for two successive weeks prior to said hearing, by posting notice of said hearing in at least three (3) public places within the City prior to said hearing, and by providing notice to the owners of property within the District in accordance with Government Code section 53750 et seq. by mailing, postage prepaid and deposited in the United States Postal Service. SECTION 5. Ballots. All affected record property owners shall be provided written ballots in accordance with Proposition 218 (Cal. Const., Art. XIIID) and the Proposition 218 Omnibus Implementation Act (Gov. Code, section 53750 et seq.), entitling said owners to vote for or against the proposed revised engineer's report. SECTION 6. Protests. At said public hearing any and all interested persons shall be permitted to present written or oral testimony concerning the Page 2 of 4 RVPUBIJSB1664284 vote proposed revised engineer's report and the City Council shall, at said hearing, consider all objections or protests, if any, to the proposed revised engineer's report. SECTION 7. Ballot Tabulation. At the conclusion of said public hearing, the City Clerk shall tabulate the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed revised engineer's report. Upon tabulation of said ballots, if the City Council determines that a majority protest does not exist for purposes Proposition 218 (Cal. Const., Art. XIIID) and the Proposition 218 Omnibus Implementation Act (Gov. Code, section 53750 et seq.), the City Council may then approve the revised engineer's report. SECTION 8. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 18th day of December, 2003, by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy Chouinard, City Clerk APPROVED AS TO FORM: City Attorney BEST, BEST & KRIEGER LLP City of San Jacinto by Jim Ayres, Mayor Page 3 of 4 RVPUB\JSB\664284 EXHIBIT "A" PROPOSED DISTRICT BOUNDARY MAP [TO BE ATTACHED] Page 4 of 4 RVPUBIJSB1664284 SHEET 1 OF 1 (1) Fled in the office of the City Clerk of the City of San Jacinto this 2 day of Waxy, 2003. • thy Ch c // N / / i (San i Jacinto i Reservoir; 431-180 431-160 006 ard, San Jacinto City Clerk 9c;, ,,o 4a 431-050-02 Cottonwood Ave 009 431-180-008 431-160-007 7th Street Prepared by David Taussig 4 Associates, Inc. PROPOSED BOUNDARY MAP ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA (2) I hereby certify that the within map showing the proposed boundaries of Assessment District No. 2003-1, Riverside County, State of California, was approved by the City Council at a regular meeting thereof, held on this 294 day of Welber , 2003, by its Resolution No. Z'R P D thy Chou" Ramona E 434-160-00 rd, San Jacinto City Clerk 434-160.010 Bergin St Burt St rtesian St ach St (3) Filed this ,rra day of ocro a rx.. 2003, at the hour of ,k o'clock m, in Book -e of Maps of Assessment and Community Facilities Districts at page H and as Instrument No. =•a3- sip+ v in the office of the County Recorder of Riverside County, State of California. LE Fee ao.eo County Record Riverside END Assessment District No. 2003-1 Boundary Line —.—.—.--_ Waterway 43 Assessor Parcel Number) For particulars of lines and dimanstons of Assessor's parcelsreference is made to th maps of the Riverside County Assessor. 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING A REVISED ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 03-01 (AD# 03-01) PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982 AND CONFIRMING THE DIAGRAM AND ASSESSMENT WHEREAS, on November 6, 2003, the City Council of the City of San Jacinto, California, has formed a special benefit district pursuant to the terms of the "Benefit Assessment Act of 1982", being Chapter 6.4 of Part 1 of Division 2 of the Government Code of the State of California (the "Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Act, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"), such special benefit district known and designated as Assessment District No. 03-1 (the "District"); and WHEREAS, the District now desires to revise the rate of assessment to include the following: (a) a decrease in the minimum rate of escalation from two percent (2%) to zero percent (0%) as directed by the City Council at the November 6, 2003 hearing; and (b) anticipated annual increases in the cost of maintenance of streets, roads and highways within the District's boundaries; and WHEREAS, at this time all notice and public hearing requirements have been met, or properly waived, relating to the formation of the District and the levy of the annual assessments within the District; and WHEREAS, the City Council has received and preliminarily approved a revised report from the Assessment Engineer (the "Revised Assessment Engineer's Report") and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Revised Assessment Engineer's Report as now submitted for final consideration and approval; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Procedures. This City Council hereby finds and determines that the procedures for the consideration of the Revised Assessment Engineer's Report have been undertaken in accordance with the Assessment Law. SECTION 3. Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners, of all properties within the District that are proposed to be assessed based on the Revised Assessment Engineer's Report. The assessment ballots that were completed and received by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. SECTION 4. No Majority Protest. This City Council hereby finds that the assessment ballots submitted in favor of the Revised Assessment Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to the Revised Assessment Engineer's Report also as weighted in accordance with Assessment Law. Therefore, no majority protest to the approval of the Revised Assessment Engineer's Report within the District has been found to exist.. SECTION 5. Determination and Confirmation. Based upon the Revised Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the maximum assessments proposed to be levied pursuant to the Revised Assessment Engineer's Report: a. The proportionate special benefit derived by each individual parcel to be assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments will not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits will be assessed. There are no parcels within the District that are owned or used by a local government, the State of California or the United States. 2 vote: The maximum assessments as shown in the Revised Assessment Engineer's Report will be increased each Fiscal Year without further compliance with the assessment ballot procedures required under the Assessment Law as set forth in the Revised Engineer's Report. SECTION 6 Ordering of Maintenance. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Revised Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. SECTION 7. Filing with City Clerk. The above -referenced revised diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 8. Effective Date. This Resolution of Formation shall take effect immediately upon its adoption. APPROVED and ADOPTED, this 18th day of December, 2003, by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney BEST, BEST & KRIEGER LLP City of San Jacinto by Jim Ayres, Mayor 3 ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2003-1 OP THE CITY OF SAN JACINTO December 11, 2003 REVISED ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO Prepared for CITY OF SAN JACINTO 201 East Main Street San Jacinto, CA 92583 Prepared by DAVID TAUSSIG & ASSOCIATES, INC. 1301 Dove Street, Suite 600 Newport Beach, CA 92660 (949) 955-1500 TABLE OF CONTENTS Description of the Services to be Financed Part II: Description of Assessment District 3 Part III: Amman of the Prepared Assessment and Assessment Roll 4 Part IV: Basis and Schedule of Assessment 6 Exhibits A-1: Boundary Map A-2: Tract Map for Zone 1 A-3: Tract Map for Zone 2 A-4: Tentative Tract Map for Zone 3 A-4: Tentative Tract Map for Zone 4 B: Assessment Roll C-1: Detailed Cost Estimate: Zone 1 C-2: Detailed Cost Estimate: Zone 2 C-3: Detailed Cost Estimate: Zone 3 C-4: Detailed Cost Estimate: Zone 4 D: Cost of Services Summary E-1: Cash Flow Model: Zone 1 E-2: Cash Flow Model: Zone 2 E-3: Cash Flow Model: Zone 3 E-4: Cash Flow Model: Zone 4 Pager NTRODUCTION In accordance with the Resolution of the City Council of the City of San Jacinto, California, setting a public hearing and providing for a noticing and balloting for purposes of forming Assessment District No. 2003-01 (AD No.'2003-01) pursuant to the Benefit Assessment Act of 1982 (hereinafter referred to as the "Resolution of Intention"), adopted by the City Council of the City of San Jacinto (hereinafter referred to as the "Council"), in connection with the proceedings for Assessment District No. 2003-1 (hereinafter referred to as the "Assessment District"), David Taussig & Associates, Inc. herewith submits the Engineer's Report for the Assessment District (the "Report"), consisting of four (4) parts as follows: PART I — DESCRIPTION OF THE SERVICES TO BE FINANCED A description of the street maintenance services to be provided by the Assessment District is discussed in this part. PART II —DESCRIPTION OF ASSESSMENT DISTRICT A description of the property within each zone of benefit within the Assessment District is contained in this part of the Report. PART III — AMOUNT OF THE PROPOSED ASSESSMENT AND ASSESSMENT ROLL This part includes the amount of the proposed assessment. PART IV — BASIS AND SCHEDULE OF ASSESSMENT This part discusses the methodology used to allocate the assessment based on the benefit received by property within the Assessment District. Engineer's Report Page 1 City of San Jacinto Assessment District No. 2003-1 December 11, 2003 PART I. DESCRIPTION OF THE SERVICES TO BE FINANCED The Assessment District is intended to finance the costs associated with the maintenance of interior streets within the boundaries of the Assessment District, including street sweeping, slurry seal, grind and overlay of existing pavement, and replacement of damaged curb, sidewalk, and pavement. Each type of service is described below. Street Sweeping This service shall consist of cleaning the streets within the Assessment District's boundary by City of San Jacinto ("City") forces or by contract with outside forces. The streets will be cleaned on a monthly basis, consistent with the current level of service for existing streets within the City limits. Slurry Seal This service shall consist of providing a slurry seal, or asphaltic coating over pavement areas within the district on an average interval of four years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Slurry seal operations will not occur in interval years where grind and overlay or replacement activities, as described below, are scheduled. Grind and Overlay This service shall consist of grinding out the upper 2 inches (approximately) of asphalt paving and replacing with a new layer of asphalt, on an average interval of twelve years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Grinding and overlay operations shall not occur within interval years where Remove and Reconstruct operations, as described below, are scheduled. Remove and Reconstruct It is estimated that approximately every 36 years the asphaltic layer of the pavement structural section will need to be removed and replaced. In addition it is assumed that 10% of curb and sidewalk improvements will need to be repaired or replaced, due to normal damage and deterioration. This service shall consist of such removals and replacements and shall be perfonned by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Engineer's Report Page 2 City of San Jacinto Assessment District No. 2003-1 December 11, 2003 PART IL DESCRIPTION OF ASSESSMENT DISTRICT For purposes of determining the benefits associated with the costs of services provided by the Assessment District, the Assessment District has been divided into four zones of benefit ("Zone") based on location as described below and shown on the assessment diagram located in Exhibit A. Zone Zone 1 consists solely of Tract No. 28858, Assessor Parcel Numbers ("APN") 431-050-018 and 431- 050-024, and encompasses approximately 15.82 acres. There are 65 residential lots located in Tract No. 28858. A map of Tract No. 28858 is provided in Exhibit A-2. Zone 2 Zone 2 consists of Tract No. 30644 and Tract No. 30644-1, APN 434-160-009, and encompasses approximately 39.24 acres. There are 72 residential lots located in Tract No. 30644 and 76 residential lots located in Tract No. 30644-1. A map of Tract Nos. 30644 and 30644-1 is provided in Exhibit A-3. Zone 3 Zone 3 consists solely of Tentative Tract No. 30878, APNs 431-160-006, 431-160-007, 431-160- 008, 431-160-009, and encompasses approximately 57.75 acres. There are 172 residential lots located in Tentative Tract No. 30878. A map of Tentative Tract No. 30878 is provided in Exhibit A- 4. Zone 4 Zone 4 consists solely of Tentative Tract No. 31035, APN 434-160-010 and encompasses approximately 19.67 acres. There are 77 residential lots located in Tentative Tract No. 31035. A map of Tentative Tract No. 31035 is provided in Exhibit A-5. Engineer's Report Page 3 City of San Jacinto Assessment District No. 2003-1 December 11, 2003 PART III. AMOUNT OF THE PREPARED ASSESSMENT AND ASSESSMENT ROLL WHEREAS, on October 2, 2003, the City Council of the City of San Jacinto, California, did, pursuant to the provisions of the Benefit Assessment Act of 1982, adopt its Resolution of Intention, for the annual levy and collection of assessments for the maintenance of streets, roads and highways within the Assessment District's boundaries, and, WHEREAS, said Resolution of Intention, as required by law, did direct the City Engineer to prepare or cause to be prepared and file a Report, regarding the proposed benefit assessment district and the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance. For particulars, reference is made to the Resolution of Intention as previously adopted, and NOW, THEREFORE, David Taussig and Associates, Inc., at the direction of the City Engineer, pursuant to the Benefit Assessment Act of 1982, does hereby submit the following: 1. Pursuant to the provisions of law and the Resolution of Intention, the costs and expenses of the street maintenance to be performed in the Assessment District have been assessed upon the parcels of land in the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. 2. A diagram is attached in Exhibit A-1, showing the Assessment District, as well as the boundaries of the respective parcels and subdivisions of land within said Assessment District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been identified by Assessor Parcel Number upon said Diagram and in said Assessment Roll. 3. An Assessment Roll is attached in Exhibit B, containing the maximum assessment per lot for fiscal year 2004-2005. Notwithstanding the above, the City will not levy an assessment for services related to road facilities that have not been accepted for maintenance by the City. 4. By virtue of the authority contained in said Benefit Assessment Act of 1982 and by further direction and order of the legislative body, the following assessment is hereby made to cover the costs and expenses of the street maintenance for the Assessment District based on the costs and expenses, as set forth in Part IV: Engineer's Report Page 4 City of San Jacinto Assessment District No. 2003-1 December 11, 2003 Zone ! FY 2004-05 Total Annual Assessment i No. of Residential Lots 11 FY 2004-05 Assessment per Residential Lot (1) 1 l $15,400 65 $236.92 2 $27,250 148 $184.12 3 $34,350 172 $199.71 4 $17,050 77 $221.43 [I] If total number of lots within a Zone changes based on recordation of final maps, the total annual cost will be reallocated to the actual number of residential lots within such Zone. The maximum amount of such annual assessment for the Assessment District shall increase annually beginning July 1, 2005, by an amount equal to the percentage change in the Engineering News -Record Construction Cost Index for Los Angeles, measured as of the month of December in the calendar year which ends in the previous fiscal year, with a maximum annual increase of six percent (6.00%) and a minimum annual increase of zero percent (0.00%) of the amount in effect in the previous fiscal year. Engineer's Report Page 5 City of San Jacinto Assessment District No. 2003-1 December 11, 2003 PART IV. 'BASIS AND SCHEDULEOF ASSESSMENT Assessments levied pursuant to the Benefit Assessment Act of 1982 must be based on the benefit to the parcel, which will be derived from the provision of the services. The services to be financed by the assessments levied within each Zone are the maintenance of interior streets within such Zone. Therefore, the services financed by a given Zone provide direct and special benefit to property within such Zone. Typically, identification of the benefits associated with maintenance services is the first step in developing the assessment spread methodology. The Assessment District will provide short term and long term maintenance of the streets within each Zone. The resulting benefits to the residential lots within each Zone consist of, but are not limited to: 1. Safe vehicular and pedestrian access; and 2. Clean and presentable streets and gutters. In order to allocate the assessments in proportion to the direct benefits that each parcel will receive from the services, an in-depth analysis was performed for each Zone since each Zone has its own interior street facilities. The analysis entailed three component tasks: (1) identification of service costs, (2) allocation of costs, and (3) calculation of assessments, as described below. Costs of Services Maintenance costs for each type of service were calculated for each Zone based on the paving area, length of curb, and area of sidewalk within such Zone as determined from available maps and improvement plans, and unit prices as discussed below. The City's current annual budget for street sweeping is approximately $36,000. This monthly service is provided to approximately 200 curb -miles, resulting in a unit cost of $180 per curb -mile per year. This unit price was applied to the total curb miles for each of the four Zones. Weighted average unit prices were applied to construction items such as slurry seal, asphalt paving, concrete curb, and concrete sidewalk based on data from recent projects of similar size within the same geographic area. Other items such as traffic control, striping, and mobilization were added as lump sum items to more closely approximate total bid prices. A summary of the cost estimates for each Zone are provided in Exhibits C-1 through C-4. Ten percent was added to the estimated maintenance costs for construction administration. An additional amount (estimated at $10,000 for fiscal year 2004-05) was added for annual administration of the Assessment District. The cost of services is summarized in Exhibit D. Allocation of Cost Zone 1 is expected to be developed with single family residential lots only, all of which receive similar benefit from the maintenance of interior street facilities within such zone. Therefore the cost of services for such Zone are allocated equally to each single family residential lot within the Zone. Engineer's Report Page 6 City of San Jacinto Assessment District No. 2003-1 December 11, 2003 Zone 2 is expected to be developed with single family residential lots only, all of which receive similar benefit from the maintenance of interior street facilities within such zone. Therefore the cost of services for such Zone are allocated equally to each single family residential lot within the Zone. Zone 3 is expected to be developed with single family residential lots only, all of which receive similar benefit from the maintenance of interior street facilities within such zone.Therefore the cost of services for such Zone are allocated equally to each single family residential lot within the Zone. Zone 4 is expected to be developed with single family residential lots only, all of which receive similar benefit from the maintenance of interior street facilities within such zone. Therefore the cost of services for such Zone are allocated equally to each single family residential lot within the Zone. Annual Assessment In order to determine the annual assessment for each Zone, a 36-year cash flow was prepared for each Zone (see Exhibits E-1 through E-4). The cash flow for each Zone sets forth the expected annual assessment revenue along with the projected annual cost for each type of service based on the costs identified in Part IV above and the service intervals described in Part I, assuming that the revenues and costs escalate by an average rate of 3.1% per year. As not all services are provided each year, the amount of funds required from a particular Zone will vary from year to year. The fiscal year 2004-05 annual assessment was calculated such that the annual assessment revenues in any year plus the expected fund balance remaining from previous annual assessments will provide sufficient revenue to fund the services required in any given year, assuming that revenues and costs escalate by an average rate of 3.1% per year. The following table sets forth the total fiscal year 2004-05 assessment for each Zone as well as the fiscal year 2004-05 maximum assessment per residential lot. Schedule of Assessments Zone FY 2004-05 Total Annual Assessment [11 No of Residential Lots [21 FY 2004-05 Assessment per Residential Lot [1, 21 1 $15,400 65 $236.92 2 $27,250 148 $184.12 3 $34,350 172 $199.71 4 $17,050 77 $221.43 [1] Annual Assessments arc subject to annual escalations between 0% and 6% per year. [2] if total number of lots within a Zone changes based on recordation of final maps, the total annual cost will be reallocated to the actual number of residential lots within such Zone. Engineer's Report City of San Jacinto Assessment District No. 2003-I Page 7 December 11, 2003 iar a. i' i5 ark sat,iia3atr t2t tlrc a +r tts ti,9' tl t -i� er ri tti A sn ent iriq or ante + t, t t to r i€t that ea is y r l r'Ueelve parrs tt Ca,ls i,at th her iruaa nttahi tE,t ;tr,, i�� tilir, �„ cA1luttsr its tt ,; n tJ c:n1tcr y'�el it' rs;,4IL �itLi tat' `i1 � Iin EXHIBIT A-1 ENGINEER'S REPORT ASSESSMENT DIAGRAM SHEET 1 OF 1 Filed in the office of the City Clerk of the City of San Jacinto this day of , 2003. Dorothy Chouinard, San Jacinto City Clerk ////// San Jacinto tj tteservonri 431 -1 0 07 0 009 ZONE 3 431-160F006 0, fi 431-050-024 Cottonwood Ave 431-160-008 MOW ZONE 3 A. 431-160-007 I ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA An assessment was levied by the City Council of the City of San Jacinto on the lots, pieces, and parcels of land shown on this assessment diagram. Said assessment was levied on the 6th day of November, 2003. Said assessment diagram and the assessment roll were recorded in the office of the City Clerk of San Jacinto on the day of 2003. Reference is made to the assessment roll recorded in the office of the San Jacinto City Clerk for the exact amount of each assessment levied against each parcel of land shown on this assessment diagram. Dorothy Chouinard, San Jacinto City Clerk Bergin St Ramona Exwy 7th Street Prepared by David Taussig & Associates, Inc. 434-160-009 ZONE 2 434-160-010 �. ZONE 4 > 0 c 0 (E g si Co a1 > Burt St Artesian St Peach St Filed this day of hour of o'clock _m, in Book of Maps of Assessment and Community Facilities Districts at page and as Instrument No. in the office of the County Recorder of Riverside County, State of California`. 2003 Fee County Recorder of Riverside County For particulars of lines and dimensions of ro Assessor's parcels reference is made to'the maps of the Riverside County Assessor. Exempt recording requested, per CA Government Code § 6103.;,. LEGEND r as N Assessment District No. 2003-1 Zone 1 Assessment District No 2003-1 Zone 2 Assessment District No. 2003-1 Zone 3 Assessment District. No. 2003-1 Zone 4 Assessment: Number` at the EXHIBIT A-2 ENGINEER'S REPORT TRACT MAP FOR ZONE 1 3.41 AVENUE IN THE CITY OF SAN JAcrnTO. COUNTY or ERVERSt6E, STATE 4F CALIF SW TRACT NO. 28858 AA0.INIP ,AN903 SJLL fir. SNOWN @'+QNi?C I C'tC !N OAO( E : S 0S. RECO C$ OT SAN 0.EpA CCW,T!. CAANTAN'.A n. WQmv, a"ax. Snt4£t90 a .360306tk 2301 Ann t LOT N+i'a6'pf* #3466' ass? s.F. 5::" . 5 65 . A q, 63 .;A 62 'SP s.l. St -3: 763S S.F. Ail A: . ".•- FC OE AN=A DR5VE a16'6d':i LOT N •N'S)"11 4 a 1643 SF, N. FAAx Y 66'33132' W R SEE SHEET NO, 2 FOR MONUMENTAT!ON AND EASEMENT NOTES. NORTH EXHIBIT A-3 ENGINEER'S REPORT TRACT MAP FOR ZONE 2 'v/ 'i +aa Irvs1 stUM .NT NO. 6764.., RECORDS OF RIVERSIDE COUNTY. CALIFORNIA. A RIGHT OF WAY OVER A STRIP OF LAND 30.00 FEET WIDE ON EACH SIDE OF THE SECTION AND QUARTER SECTION LINES FOR ROAD OR FOR DITCHES OR PIPES FOR CONDUCTING AND DISTRIBUTING WATER, AS SHOWN ON THE MAP OF FOREST GROVE SUBDIVISION OF THE LOGSDON PLACE. REGARDED IN BOOK 11, PAGE 534 OF MAPS. RECORDS OF SAN DIEGO COUNTY. I890) 4 /19-14 M1O219/ 3740 iyi1: 27/5 j i I :I 17 /16/15,14113 100'1 7,36" W 3415.73' R16) (3416.31' R4, R5 & 12712 11126 1 1 (22649.50' R8, R11 & :R16) (1324.751 R 6 -- 32 33 35 P. )R. w RTI NEON WTH w i 3ePUE 35°P.U.E. 3 4 4 13 5 k{12 6 11 10 27 26 29 73 74 75 76 9 L1t 25 30 71 70 24 31 69 20 21 *28 n 23 32 2 23 24 15 29 b_ 27 26 25 L1 RANTUCKET- 22 21 2011 0 " 33 34 5 LE 36 HARBOR J1' EET tiEt)s 65 64 66 63 62 68 61 (,13 4 47 E. 5 46 25 20P.U,E. 2423\2; 50 E DETAIL 'C' SHEET 5 0 1 63 5 62 36 45 � 52 h 1`' r 37 44 n ' 53 cy 60 38 43 29. 54 59 39 40 15 TREET 8I17 30 42 �4 55 41 LI 16 15 L 6 14 56 13 12 58 57 L1 1 • 66 67 68u 9c 8 17 1t 7L 37 38 39 40 41 42 43 44 E 7 m 6$( 57 56 49 45 -a rn 19 4 w .' o: 58 55 �!t 50 46 �; 3 au -San 59 54 51 47 I�`N"�'I 60 52 2 / SEi 53 10 48 { ' 330.53' R16),-- Q f 330 62' R 10) / 71 72 co • Lit w 0 ta.3 1 oeo o' ry '4 • Ch to 2.44' R16)! 5) (13 2.11' rig R1&R15) 1 (N (1322.35' 00'15'29" W 2644.82' R16) (2544.62' R1) 'co ie. is • R16) (1322.51 R1,R3 SAN JACINTO ' AVENUE SEE SDI Hl PIN17 /�� EXHIBIT A-4 ENGINEER'S REPORT TENTATIVE TRACT MAP FOR ZONE 3 T 1Tti[ I BEET SEC knikta V1C tiE1A1" MAP SLAL APPROVED DT: IN THE CITY OF SAN JACINTO, CALIFORNIA TENTATIVE TRACT MAP NO. 30878 ro:ICwrno:: BLAINE A. WOMER OWL ENG/AEER/NG `X�'-'�k+.' niP,;: .0410 TYP1CAI: STREET Jean EXHIBIT A-5 ENGINEER'S REPORT TENTATIVE TRACT MAP FOR ZONE 4 CEASE'S II.ttAt TYPICAL STREET SECTION AAN JACINTO STREET <114 1'4 IN THE CITY OF SAN JACINTO, CALIFORNIA TENTATIVE TRACT NO. 31035 4 er 110,11AT./V,/ 1,141 1 1 ' C EXIST= ZOOM " .--''..- ' t ":-.'A-"A-'-'-'7-74 /..i .0 f/ 41 .4 1 1.1 1/ k,'11 14 1'1 '' ' , ' . PROVOS= SMOG '". - ';': -r-ir" ' 'A ,P 77. " SZ .A ” I :, 4 OMAR 7 :41A Ar tle.24k411.11.0 //1144,M 14,7*.1.11.4. 111474.1 APPIJOsST no.tos 110717/.261 ,10 DEscRIRTIon 17 7 4444.44. 1/14:1874 AV UM 47 IT,11 44. Mar NAL tr Vat f.///, 111.4 41- 241./..A.,,1 0,40m5pirs PARCEL NO 4,444 •4 144 1, Tr —1 11' 1-11 2 I 'A, 6,1111 1 01 ..4-$.14,R,M111§ 11.114 -• v 4.4, 11121.1.1. //14411*/, , 1171417 APPROYZA JIR lin sow 4.47411141; /1/.. 47777*411.1.1/4 TYPICAL STREET SECTION .ATIIEL-"TS 'A' - 'A' B MI 1111.1177 111/I.A117141. IiIAINE A. WOMER 114*4*77* CIVIL ENGINERRING • .700C 771RI:1; 11447IS7*18214T4A:7t44A1*47071*1A4444,44r4GAIT'.4444"'"'" TYPICAL SECTION LINE SAN ISCITZTO REGIONALiliailtAINAGE ELAN ARMS Ara/40r. 1/4/Vt witrry NtlIPIES AE LOTS PROPOSES MSS USE: 1/17/10.11.14714 AIASCENT ESNS UST rAls. It57 "ZrarTzt. TEAM ATILT= root MT 07 11,11 .4.17177 ,144 1/1,1, 44,18,1 24 41.114.1111.1 11000 ZONA ?re oAttT 11../01 11041=1 //MI 2171*14/141111411 77. SEWAGE StrITt , /11. 11,1111" /11 /,11g.Z11111.11reA,A ::%-gt470 .za „ 5/11/0.1 17447 424ell,T0 emeinr ita.vg.,; III. LTD. TRAt'T a70f15 EXHIBIT B ENGINEER'S REPORT ASSESSMENT ROLL avid Taussig & sociates, Inc. City of San Jacinto Assesssment District No. 2003- FY 2004-05 Assessment Roll FY 2004-05 Napn Tract Lot Assessment Zone 1 431-105-018 28858 i $236.92 431-105-018 28858 2 $236.92 431-105-018 28858 3 $236.92 431-105-018 28858 4 $236.92 431-105-018 28858 5 $236.92 431-105-018 28858 6 $236.92 431-105-018 28858 7 $236.92 431-105-018 28858 8 $236.92 431-105-018 28858 9 $236.92 431-105-018 28858 18 $236.92 431-105-018 28858 19 $236.92 431-105-018 28858 20 $236.92 431-105-018 28858 21 $236.92 431-105-018 28858 22 $236.92 431-105-018 28858 23 $236.92 431-105-018 28858 24 $236.92 431-105-018 28858 25 $236.92 431-105-018 28858 26 $236.92 431-105-018 28858 27 $236.92 431-105-018 28858 28 $236.92 431-105-018 28858 29 $236.92 431-105-018 28858 30 $236.92 431-105-018 28858 31 $236.92 431-105-018 28858 32 $236.92 431-105-018 28858 33 $236.92 431-105-018 28858 34 $236.92 431-105-018 28858 35 $236.92 431-105-018 28858 36 $236.92 431-105-018 28858 37 $236,92 431-105-018 28858 38 $236.92 431-105-018 28858 39 $236.92 431-105-018 28858 48 $236.92 431-105-018 28858 49 $236.92 431-105-018 28858 50 $236.92 431-105-018 28858 51 $236.92 431-105-018 28858 52 $236.92 431-105-018 28858 53 $236.92 431-105-018 28858 54 $236.92 431-105-018 28858 55 $236.92 431-105-018 28858 56 $236.92 431-105-018 28858 57 $236.92 431-105-018 28858 58 $236.92 431-105-018 28858 59 $236.92 431-105-018 28858 60 $236.92 431-105-018 28858 61 $236.92 Subtotal: $10,661.40 431-105-024 28858 10 $236.92 431-105-024 28858 11 $236.92 431-105-024 28858 12 $236.92 431-105-024 28858 13 $236.92 431-105-024 28858 14 $236.92 431-105-024 28858 15 $236.92 431-105-024 28858 16 $236.92 431-105-024 28858 17 $236.92 431-105-024 28858 40 $236.92 431-105-024 28858 41 $236.92 2/1112003 Page I of 9 avid Taussig & Associates, Inc. City of San Jacinto Assessment District No. 2003-1 FY 2004-05 Assessment Roll FY 2004-05 Napn Tract Lot Assessment 431-105-024 28858 42 $236.92 431-105-024 28858 43 $236.92 431-105-024 28858 44 $236.92 431-105-024 28858 45 $236.92 431-105-024 28858 46 $236.92 431-105-024 28858 47 $236.92 431-105-024 28858 62 $236.92 431-105-024 28858 63 $236.92 431-105-024 28858 64 $236.92 431-105-024 28858 65 $236.92 Subtotal: $4,738.40 Total Assessment for Zone 1 : $15,399.80 Zone 2 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 434-416-009 30644 1 S184.12 30644 2 S184.12 30644 3 S184.12 30644 4 S184.12 30644 5 S184.12 30644 6 S184.12 30644 7 $184.12 30644 8 $184.12 30644 9 $184.12 30644 10 $184.12 30644 11 $184.12 30644 12 S184.12 30644 13 $184.12 30644 14 $184.12 30644 15 $184.12 30644 16 $184.12 30644 17 $184.12 30644 18 $184.12 30644 19 $184.12 30644 20 $184.12 30644 21 $184.12 30644 22 $184.12 30644 23 $184.12 30644 24 $184.12 30644 25 $184.12 30644 26 $184.12 30644 27 $184.12 30644 28 $184.12 30644 29 $184.12 30644 30 $184.12 30644 31 $184.12 30644 32 $184.12 30644 33 $184.12 30644 34 $184.12 30644 35 $184.12 30644 36 S184.12 30644 37 S184.12 30644 38 S184.12 30644 39 S184.12 30644 40 S184.12 30644 41 S184.12 30644 42 S184.12 30644 43 S184.12 30644 44 $184.12 12/11/2003 Page 2 of 9 1)avid Taussig & As. ociates, Inc. Napn Tract City of San Jacinto Assesssment District No: 2003-1 FY 2004-05 Assessment Roll FY 2004-05 Lot Assessment 434-416-009 30644 45 S184.12 434-416-009 30644 46 S184.12 434-416-009 30644 47 S184.12 434-416-009 30644 48 S184.12 434-416-009 30644 49 S184.12 434-416-009 30644 50 S184.12 434-416-009 30644 51 S184.12 434-416-009 30644 52 S184.12 434-416-009 30644 53 $184.12 434-416-009 30644 54 S184.12 434-416-009 30644 55 S184.12 434-416-009 30644 56 $184.12 434-416-009 30644 57 S184.12 434-416-009 30644 58 $184.12 434-416-009 30644 59 S184.12 434-416-009 30644 60 $184.12 434-416-009 30644 6] $184.12 434-416-009 30644 62 $184.12 434-416-009 30644 63 SI84.12 434-416-009 30644 64 S184.12 434-416-009 30644 65 S184.12 434-416-009 30644 66 S184.12 434-416-009 30644 67 S184.12 434-416-009 30644 68 S184.12 434-416-009 30644 69 $184.12 434-416-009 30644 70 S184.12 434-416-009 30644 71 S184.12 434-416-009 30644 72 S184.12 434-416-009 30644-1 1 $184.12 434-416-009 30644-1 2 $184.12 434-416-009 30644-1 3 $184.12 434-416-009 30644-1 4 $184.12 434-416-009 30644-1 5 S184.12 434-416-009 30644-1 6 S184.12 434-416-009 30644-1 7 $184.12 434-416-009 30644-1 8 S184.12 434-416-009 30644-1 9 $184.12 434-416-009 30644-1 10 $184.12 434-416-009 30644-1 11 $184.12 434-416-009 30644-1 12 S184.12 434-416-009 30644-1 13 S184.12 434-416-009 30644-1 14 S184.12 434-416-009 30644-1 15 S184.12 434-416-009 30644-1 16 S184.12 434-416-009 30644-1 17 S184.12 434-416-009 30644-1 18 S184.12 434-416-009 30644-1 19 S184.12 434-416-009 30644-1 20 S184.12 434-416-009 30644-1 21 S184.12 434-416-009 30644-1 22 $184.12 434-416-009 30644-1 23 $184.12 434-416-009 30644-1 24 $184.12 434-416-009 30644-1 25 $184.12 434-416-009 30644-1 26 $184.12 434-416-009 30644-1 27 $184.12 434-416-009 30644-1 28 $184.12 434-416-009 30644-1 29 $184.12 434-416-009 30644-1 30 $184.12 12I11/2003 Page 3 of 9 David Taussig & Associates, Inc. Zone 3 Napn Tract City of San Jacinto Assesssment District No. 2003-1 FY 2004-05 Assessment Roll FY 2004-05 Lot Assessment 434-416-009 30644-1 31 $184.12 434-416-009 30644-1 32 $184.12 434-416-009 30644-1 33 $184.12 434-416-009 30644-1 34 $184.12 434-416-009 30644-1 35 $184.12 434-416-009 30644-1 36 $184.12 434-416-009 30644-1 37 $184.12 434-416-009 30644-1 38 $184.12 434-416-009 30644-1 39 $184.12 434-416-009 30644-1 40 S184.12 434-416-009 30644-1 41 S184.12 434-416-009 30644-1 42 S184.12 434-416-009 30644-1 43 S184.12 434-416-009 30644-1 44 S184.12 434-416-009 30644-1 45 S184.12 434-416-009 30644-1 46 S184.12 434-416-009 30644-1 47 S184.12 434-416-009 30644-1 48 $184.12 434-416-009 30644-1 49 S184.12 434-416-009 30644-1 50 $184.12 434-416-009 30644-1 51 S184.12 434-416-009 30644-1 52 $184.12 434-416-009 30644-1 53 S184.12 434-416-009 30644-1 54 5184.12 434-416-009 30644-1 55 5184.12 434-416-009 30644-1 56 S184.12 434-416-009 30644-1 57 $184.12 434-416-009 30644-1 58 S184.12 434-416-009 30644-1 59 $184.12 434-416-009 30644-1 60 $184.12 434-416-009 30644-1 61 $184.12 434-416-009 30644-1 62 $184.12 434-416-009 30644-1 63 $184.12 434-416-009 30644-1 64 $184.12 434-416-009 30644-1 65 $184.12 434-416-009 30644-1 66 $184.12 434-416-009 30644 1 67 $184.12 434-416-009 30644-1 68 $184.12 434-416-009 30644-1 69 $184.12 434-416-009 30644-1 70 $184.12 434-416-009 30644-1 71 $184.12 434-416-009 30644-1 72 $184.12 434-416-009 30644 1 73 $184.12 434-416-009 30644-1 74 $184.12 434-416-009 30644-1 75 $184.12 434-416-009 30644-1 76 $184.12 Subtotal: $27,249.76 Total Assessment for Zone 2 : $27,249.76 431-116-006 30878 1 $199.71 431-116-006 30878 2 $199.71 431-116-006 30878 3 $199.71 431-116-006 30878 4 $199.71 431-116-006 30878 5 $199.71 431-116-006 30878 6 $199.71 431-116-006 30878 7 $199.71 431-116-006 30878 8 $199.71 2/11/2003 Page 4 of 9 David Taussig & Associates, Inc. Napn City of San Jacinto Assessment District No. 2003-1 FY 2004-05 Assessment Roll FY 2004-05 Tract Lot Assessment 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 431-116-006 30878 S199.71 10 S199.71 11 S199.71 12 S199.71 13 S199.71 14 5199.71 15 S199.71 16 S199.71 17 S199.71 18 S199.71 64 S199.71 65 S199.71 66 S199.71 67 S199.71 68 S199.71 69 S199.71 70 S199.71 71 S199.71 72 S199.71 73 S199.71 74 S199.71 75 $199.71 76 $199.71 77 $199.71 78 S199.71 79 SI99.71 80 $199.71 81 $199.71 82 S199.71 83 SI99.71 84 $199.71 85 S199.71 86 S199.71 87 S199.71 88 S199.71 89 S199.71 90 S199.71 91 S199.71 92 S199.71 93 S199.71 94 S199.71 95 S199.71 96 $199.71 97 S199.71 98 $199.71 99 S199.71 100 S199.71 101 S199.71 102 S199.71 123 S199.71 124 $199.71 125 S199.71 126 $199.71 127 $199.71 128 $199.71 129 $199.71 130 $199.71 131 $199.71 9 2I11/2003 Page 5of9 David Taussig & Associates, lnc. Napn Tract City of San Jacinto Assessment District No. 2003-1 FY 2004-05 Assessment Roll Lot FY 2004-05 Assessment 431-116-006 30878 132 5199.71 431-116-006 30878 140 S199.71 431-116-006 30878 141 S199.71 431-116-006 30878 142 S199.71 431-116-006 30878 143 S199.71 431-116-006 30878 144 S199.71 431-116-006 30878 145 S199.71 431-116-006 30878 146 S199.71 431-116-006 30878 147 S199.71 431-116-006 30878 148 S199.71 431-116-006 30878 149 S199.71 431-116-006 30878 150 S199.71 431-116-006 30878 151 S199.71 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 431-116-007 30878 Subtotal: $15,777.09 49 S199.71 50 S199.71 51 S199.71 52 S199.71 53 $199.71 54 S199.71 55 S199.71 56 S199.71 57 S199.71 58 S199.71 59 S199.71 60 S199.71 61 S199.71 62 S199.71 63 S199.71 109 $199.71 110 S199.71 111 S199.71 112 S199.71 113 S199.71 114 5199.71 115 S199.71 116 5199.71 117 S199.71 118 $199.71 119 S199.71 120 S199.71 121 S199.71 122 S199.71 133 S199.71 134 SI99.71 135 SI99.71 136 SI99.71 137 $199.71 138 $199.71 139 $199.71 152 $199.71 153 $199.71 154 $199.71 155 $199.71 156 $199.71 157 $199.71 158 $199.71 159 $199.71 2/11i2003 Page 6 of 9 David Taussig & Associates, Inc. City of San Jacinto Assessment District No. 2003-1 FY 2004-05 Assessment Roll FY 2004-05 Napn Tract Lot Assessment 431-116-007 30878 160 431-116-007 30878 161 431-116-007 30878 162 431-116-007 30878 163 431-116-007 30878 164 431-116-007 30878 165 431-116-007 30878 166 431-116-007 30878 167 $199.71 431-116-007 30878 168 $199.71 431-116-007 30878 169 S199.71 431-116-007 30878 170 $199.71 431-116-007 30878 171 $199.71 431-116-007 30878 172 $199.71 Subtotal: S11,383.47 431-116-008 30878 48 $199.71 431-116-008 30878 105 $199.71 431-116-008 30878 106 $199.71 431-116-008 30878 431-116-008 30878 S199.71'' $199.71' S199.71` S199.71 S199.71 $199.71 S199.71 107 $199.71 108 $199.71 Subtotal: $998.55 431-116-009 30878 19 $199.71 431-116-009 30878 20 $199.71 431-116-009 30878 21 $199.71 431-116-009 30878 22 $199.71 431-116-009 30878 23 $199.71 431-116-009 30878 24 $199.71 431-116-009 30878 25 $199.71 431-116-009 30878 26 $199.71 431-116-009 30878 27 $199.71 431-116-009 30878 28 $199.71 431-116-009 30878 29 $199.71 431-116-009 30878 30 $199.71 431-116-009 30878 31 $199.71 431-116-009 30878 32 $199.71 431-116-009 30878 33 $199.71 431-116-009 30878 34 $199.71 431-116-009 30878 35 $199.71 431-116-009 30878 36 $199.71 431-116-009 30878 37 $199.71 431-116-009 30878 38 $199.71 431-116-009 30878 39 $199.71 431-116-009 30878 40 $199.71 431-116-009 30878 41 $199.71 431-116-009 30878 42 $199.71 431-116-009 30878 43 $199.71 431-116-009 30878 44 $199.71 431-116-009 30878 45 $199.71 431-116-009 30878 46 $199.71 431-116-009 30878 47 $199.71 431-116-009 30878 103 $199.71 431-116-009 30878 104 5199.71 Subtotal: S6,191.01 Total Assessment for Zone 3 : $34,350.12 Zone 4 434-416-010 31035 1 $221.43 434-416-010 31035 2 $221.43 434-416-010 31035 3 $221.43 21T312003 Page 7 of 9 vid Taussig Associates nc City, of San Jacinto Assesssment District No. 2003-1 FY 2004-05 Assessment Roll FY 2004-05 Napn Tract Lot Assessment 434-416-010 31035 4 S221.43 434-416-010 31035 5 S221.43 434-416-010 31035 6 S221.43 434-416-010 31035 7 S221.43 434-416-010 31035 8 $221.43 434-416-010 31035 9 S221.43 434-416-010 31035 10 S221.43 434-416-010 31035 11 S221.43 434-416-010 31035 12 $221 ' 43 434-416-010 31035 13 S221.43 434-416-010 31035 14 S221.43 434-416-010 31035 15 S221.43 434-416-010 31035 16 S221.43 434-416-010 31035 17 $221.43 434-416-010 31035 18 S221.43 434-416-010 31035 19 S221.43 434-416-010 31035 20 S221.43 434-416-010 31035 21 S221.43 434-416-010 31035 22 S221.43 434-416-010 31035 23 S221.43 434-416-010 31035 24 S221.43 434-416-010 31035 25 S221.43 434-416-010 31035 26 S221.43 434-416-010 31035 27 S221.43 434-416-010 31035 28 S221.43 434-416-010 31035 29 S221.43 434-416-010 31035 30 S221.43 434-416-010 31035 31 $221.43 434-416-010 31035 32 $221.43 434-416-010 31035 33 $221.43 434-416-010 31035 34 $221.43 434-416-010 31035 35 $221.43 434-416-010 31035 36 S221.43 434-416-010 31035 37 $221.43 434-416-010 31035 38 $221.43 434-416-010 31035 39 $221.43 434-416-010 31035 40 $221.43 434-416-010 31035 41 $221.43 434-416-010 31035 42 $221.43 434-416-010 31035 43 $221.43 434-416-010 31035 44 $221.43 434-416-010 31035 45 $221.43 434-416-010 31035 46 $221.43 434-416-010 31035 47 $221.43 434-416-010 31035 48 $221.43 434-416-010 31035 49 S221.43 434-416-010 31035 50 $221.43 434-416-010 31035 51 S221.43 434-416-010 31035 52 S221.43 434-416-010 31035 53 S221.43 434-416-010 31035 54 $221.43 434-416-010 31035 55 S221.43 434-416-010 31035 56 S221.43 434-416-010 31035 57 S221.43 434-416-010 31035 58 S221.43 434-416-010 31035 59 $221.43 434-416-010 31035 60 S221.43 434-416-010 31035 61 $221.43 2/11/2003 Page 8of9 g Associates, Inc Napn Tract City of San Jacinto Assessment District No. 2003-1 FY 2004-05 Assessment Roll FY 2004-05 of Assessment 434-416-010 31035 62 S221.43 434-416-010 31035 63 S221.43 434-416-010 31035 64 S221,43 434-416-010 31035 65 $221.43 434-416-010 31035 66 S221.43 434-416-010 31035 67 S221.43 434-416-010 31035 68 S221.43 434-416-010 31035 69 $221.43 434-416-010 31035 70 $221.43 434-416-010 31035 71 $221.43 434-416-010 31035 72 S221.43 434-416-010 31035 73 $221.43 434-416-010 31035 74 $221.43 434-416-010 31035 75 $221.43 434-416-010 31035 76 $221.43 434-416-010 31035 77 $221.43 Subtotal: $17,050.11 Total Assessment for Zone 4 : $17,050.11 Total FY 2004-05 Assessment: $94,049.79 K:AClients2\San Jacinto AroadmaintAAssessment_Roll.rpt 2/1 /2003 Page 9 of EXHIBIT C-1 ENGINEER'S REPORT DETAILED COST ESTIMATE : ZONE 1 ddo B ASwclet Exhibit C-1 City of San Jacinto Detailed Cost Estimate Zone t (Tract No, 28858) Street Sweeping Quantity Units [1] Unit Price Curb Miles: 1.16 Curb Mile $180.00 Slurry Seal Place Slurry Seal (SS) 126,453 S.F. 50.10 Mobilization L S $2,500 Striping Crack Seal Traffic Control Total Slurry Seal 20% of SS L.S. L.S. $5,000 $2,529 $1,500 Total 208.80 2,645 2,500 000 2,529 $1,500 524,174 Grind & Overlay Mobilization L.S. $2,500 $2,500 Grind 126,453 S.F. $0.03 $3,794 Depth: 0.15 ' A.C. [21 1,328 Tons $35.00 $46,471 Striping L.S. $5,000 $5,000 Traffic Control Total Grind & Overlay L.S. 52,500 $2,500 60,265 Remove and Reconstruct Curb and Sidewalk 6" Concrete Curb 6,130 L.F. $7.60 546,588 Remove Existing Curb 6,130 L.F. $1.00 $6,130 6" Wide Sidewalk 37,400 S.F. $1.75 $65,450 Remove Existing Sidewalk 37,400 S.F. $0.15 $5,610 Mobilization L.S. $12,000.00 $12,000 Subtotal $135,778 Curb and Sidewalk Component @ 10% $13,578 Mobilization Grind: 0.33 Acres Area: 0.25' Asphalt & Concrete Striping Traffic Control Subtotal Total Remove and Reconstruct L.S. 55,000.00 $5,000 126,453 S.F. 50.066 $8,3400 2,213 Tons $35.00 $77,455 L.S. S10,000.00 $10,009 L.S. 52,500.00 $2,500 $403,301 111 Abbreviations are as follows: S.F = Square Feet; L.S. = Lump Sum; L.F. = Linear Foot. 121 1200,453 square feet x .15 cubic feet x 140 lbslcubic fee Ton = 1,327.70 Tons 2,0001hs KriCliena Ssan decnlolroetlmaln5Exhibil C 2.123 _._ $116,679 EXHIBIT C-2 ENGINEER'S REPORT DETAILED COST ESTIMATE : ZONE 2 tee. In Exhibit C-2 City of San Jacinto Detailed Cost Estimate Zone 2 (Tract No. 30644) Street Sweeping (Annual) Quantity Units t1] Unit Price Total Curb Miles: `. 2.60 Curb Mile `. $180.00 $468.00 Slurry Seal Place Slurry Seal (SS Mobilization Striping Crack Seat Traffic Control Total Slurry Seal Grind & Overlay Mobilization Grind Depth: 0.15 ' A.C. [2] Striping Traffic Control Total Grind & Overlay 233,568 S.F. $0.10 S23,357 L.S. $5,000 `.$5,000 L.S. $10,000 $10,000 L.S. $4,671 $4,671 $2,500 20% of SS L.S. $2,500 545,528 L.S. 55,000 $5,000 233,568 S.F. $0.03 $7,007 2,452 Tons 535.00 585,835 L.S. $10,000 S10,000 L.S. 52,500 $2,500 5110,343 Remove and Reconstruct Curb and Sidewalk 6" Concrete Curb 13,714 L.F. $7.60 $104,225 Remove Existing Curb 13,714 L.F. $1.00 $13,714 6' Wide Sidewalk 02,284 S.F. $1.75 5143.997 Remove Existing Sidewalk 82,284 S.F. $0.15 $12,343 Mobilization L.S. $25,000.00 $25,000 Subtotal $299,280 Curb and Sidewalk Component Ca 10% 529,92B Mobilization L.S. $5,000.00 $5,000 Grind: 0.33 Acres 233,568 S.F. $0.066 $15,415 Area: 0.25' Asphalt & Concrete 4,087 Tons $35.00 S143,045 Striping L.S. $10,000.00 $10,000 Traffic Control L.S. $2,500.00 $2,500 Subtotal 5175,980 Total Remove and Reconstruct $205,888 [1] Abbreviations are as follows: A.0 = Asphalt & Concrete; S.F = Square Feet; L.S. = Lump Sum; L.F. = Linear Foot. [21 233,568 square feel x .15 cubic feet x 140 ibs/cubi Ton = 2,452.46 Tons 2.000 lbs KiCJianis265an Jacinlo',roadrnanliEeh;a: 0 2.123 EXHIBIT C-3 ENGINEER'S REPORT DETAILED COST ESTIMATE : ZONE 3 n E Asmcialc. [met Sweeping Curb Mires: Slurry Seal Exhibit C-3 City of San Jacinto Detailed Cost Estimate Zone 3 (Tentative Tract No. 30878) Quantity 6 Units (1) : Unit Price ` .Total Curb Mlle $160.00 $572.40 Place Slurry Seal (SS) `306,000 S.F. $0.10 $30,600 Mobilization L.S. $7,500 $7,500 Striping L.S. '$12,500 $12,500 Crack Seal 20% of SS L.S. $6,120 Traffic Control L.S. $3,000 Total Slurry Seal Grind & Overlay ........ ............... ......... Mobilization Grind Ueplh; 0.15 'AC. [2j Striping Traffic Control Total Grind & Overlay Remove and Reconstruct lij 121 L.S. $7,500 306,000 S.F. $0.03 3,213 Tons 535.00 L.S. $12,500 L.5. 53,000 $6,120 $3,000 559,720 $7,500 $9,160 5112,455 $12,500 $3,000 $144,635 Curb and Sidewalk 6" Concrete Curb 16,794 L.F. $7.60 $127,556 Remove Existing Curb 16,794 L.F. $1.00 $16,764 6" Wide Sidewalk 100,704 S.F. $1.75 $176,232 Remove Existing Sidewalk 100,704 S.F. $0.15 $15,106 Mobilization L.S. $23,000.00 $23,000 Subtotal $358,680 Curb and Sidewalk Component @ 10% $35,868 Mobilization L.S. $5,000.00 $5.000 Grind: 0.33 Acres 306,000 S.F. $0.066 $20,196 Area: 0.25' Asphalt & Concrete 5,260 Tons $35.00 $164,100 Striping L.S. $12,500.00 $12,500 Traffic Control L.S. $3,000.00 $3,000 Subtotal S224,796 Total Remove and Reconstruct $260,664 Abbreviations are as follows; A.C. = Asphalt & Concrete; S.F = Square Feet; L.S. = Lump Sum; L.F. = Linear Foot. 300,600 square feet x 15 cubic feet x 140 lbs/cubic ft. x Ton = 3,213.00 Tons 2,000 lbs K.'Clsnls2tsan Jaantotmadmaintibxhibil C 2.12' EXHIBIT C-4 ENGINEER'S REPORT DETAILED COST ESTIMATE : ZONE 4 David Taussio & Assockks: in '.' Exhibit C-4 City of San Jacinto Detailed Cost Estimate Zone 4 (Tentative Tract No. 31035) `. Street Sweeping quantity Unite (1] Unit Price Total Curb Miles: 1.35 Curb Mile $180.00 $243.00 Slurry Seal Place Slurry Seal (SS) 142425 S.F. $0.10 $14,243 Mobilization Striping Crack Seal Traffic Control Total Slurry Seal Grind & Overlay Mobilization Grind Depth: 0.15 ' A.C. [2] Striping Traffic Control Total Grind & Overlay 20% of SS L.S. $5,000 :$5,000 L.S. L.S. 55,000 S2,849 52,500 $5,000 $2,849 $2,500 $29,591 L.S. $5,000 $5,000 142,425 S.F. $C.C3 $4,273 1,495 Tons 535.00 $52,341 L.S. 55,000 $5,000 L.S. 52,500 $2.500 Remove and Reconstruct Curb and Sidewalk 6" Concrete Curb 7,106 L.F. Remove Existing Curb 7,106 L.F. [11 (2[ 6" Wide Sidewalk 39,083 S.F. Remove Existing Sidewalk 39,083 S.F. Mobilization L.S. Subtotal Curb and Sidewalk Component Mobilization Grind: 0.33 Acres Area: 0.25' Asphalt & Concrete Striping Traffic Control Subtotal Total Remove and Reconstruct $89,114 $7.60 $54,006 $1.00 $7,106 51.75 $68,395 $0.15 55,862 15,000 515,000 $150,369 Qi 10% $15,037 L.S. $5,000 $5,000 142.425 S.F. S0.066 $9,400 2,492 Tons $35.00 587,220 L.S. $10,000 510,000 L.S. $2,500 $2,500 5114.120 5129,157 Abbreviations are as follows: A.C. = Asphalt & Concrete; S.F = Square Feat; L.S. = Lump Sum; L.F. = Linear Foot. 3o0,600 square feet x .15 cubic feet x 140 Ibslcubic ft. r Ton = 1,495.46 Tons 2,000 lbs KdCllenis2'aan JacinlotmadrtoftExhibilC 2.123 EXHIBIT D ENGINEER'S REPORT COST OF SERVICES SUMMARY David Taussig & Associates, Inc. EXHIBIT D CITY OF SAN JACINTO COST OF SERVICES SUMMARY Co ponent Costs per Occurrence [1] Paving Area Street Grind and Curb -Miles (SF) Sweeping Slurry Seal Overlay Remove & Reconstruct 126,453 $209 $24,174 $60,265 $116,879 233,568 808,446 $468 $572 $243 $45,528 $59,720 $29,591 $159,013 $110,343 j $205,888 $144,635 $260,664 $69,114 $114,120 $384,357 $697,551 [1] Refer to Exhibits C-1 through C-4 for details of the cost calculations. [2] Estimated at $10,000 per year administrative cost to the district for rate updates, reports, etc. K:\Clients2\San Jacinto \roadmaint\EXHIBIT D.123 Construction FY 2004-05 I' Administration I District Admin' (10%) -L 121 $1,081 $1,990 $2,569 $1,425 $7,'065 $1,407 $3,203 $3,723 $1,667 - i $10000 j EXHIBIT E-1 ENGINEER'S REPORT CASH FLOW MODEL : ZONE 1 Projected Year Annual Assessment Street Revenue Sweeping $15,400 $209 2 $15,877 $215 3 $16,370 $222 4 $16,877 $229 5 $17,400 $236 6 $17,940 $243 7 $18,496 $251 8 $19,069 $259 9 $19,660 $267 10 $20,270 $275 11 $20,898 $284 12 $21,546 $292 13 $22,214 $301 14 $22,903 $311 15 $23,613 $320 16 $24,344 $330 17 $25,099 $341 18 $25,877 $351 19 $26,679 $362 20 $27,507 $373 21 $28,359 $385 22 $29,238 $397 23 $30,145 $409 24 $31,079 $422 25 $32,043 $435 26 $33,036 $448 27 $34,060 $462 28 $35,116 $477 29 $36,205 $491 30 $37,327 $507 31 $38,484 $522 32 $39,677 $538 33 $40,907 $555 34 $42,175 $572 35 $43,483 $590 36 $44,831 $608 City of San Jacinto Street Maintenance Allocation' Zone 1 Tract No. 28858 Grind and Slurry Seal Overlay Fund Balance Construction District Total Annual (Revenue Administration Admin Expenditure Minus Costs) $21 $1,404 $1,634 $13,766 $22 $1,448 $1,685 $27,959 $22 $1,492 $1,737 $42,592 $26,493 $2,672 $1,539 $30,932 $28,536 $24 $1,586 $1,846 $44,090 $24 $1,636 $1,903 $60,127 $25 $1,686 $1,962 $76,660 $29,934 $3,019 $1,739 $34,950 $60,779 $27 $1,792 $2,086 $78,354 $28 $1,848 $2,151 $96,473 $28 $1,905 $2,217 $115,154 $28,105 $2,840 $1,964 $33,202 $103,498 $28,977 $2,928 $2,025 $34,231 $91,481 $29,875 $3,019 $2,088 $35,292 $79,091 $32 $2,153 $2,505 $100,198 $19,107 $1,944 $2,219 $23,601 $100,942 $19,700 $2,004 $2,288 $24,333 $101,708 $35 $2,359 $2,746 $124,840 $36 $2,432 $2,831 $148,689 $43,178 $4,355 $2,508 $50,414 S125,781 $38 $2,585 $3,009 $151,132 $40 $2,666 $3,102 $177,268 $41 $2,748 $3,198 $204,214 $60,811 $6,123 $2,833 $70,190 $165,104 $62,696 $6,313 $2,921 $72,366 $124,780 $45 $3,012 $3,505 $154,311 $46 $3,105 $3,614 $184,758 $55,123 $5,560 $3,201 $64,361 $155,513 $49 $3,301 $3,841 $187,876 $51 $3,403 $3,960 $221,243 $52 $3,509 $4,083 $255,644 $62,283 $6,282 $3,617 $72,721 $222,600 $56 $3,729 $4,340 $259,167 $57 $3,845 $4,475 $296,868 $59 $3,964 $4,613 $335,737 $340,243 $34,085 $4,087 $379,024 $1,543 Remove & Reconstruct Totals $994,203 $13,493 $255,817 $210,465 $340,243 $82,002 $90,640 $992,660 Number of Single Family Residential Lots 65 Year 1 Cost per Residential Lot $236.92 [1]Assumes costs and annual assessment revenue escalate at an average rate of 3.10%. K'Alients2'San Jacinlokoadmaint!izavei 2.xistsheet1 EXHIBIT E-2 ENGINEER'S REPORT CASH FLOW MODEL ZONE 2 City of, San Jacinto Street Maintenance Allocation Projected Annual Fund Balance Assessment Street Grind and Remove & Construction District Total Annual (Revenue Minus Revenue Sweeping Slurry Seal Overlay Reconstruct Administration Admin Expenditure Costs) $27,250 $468 547 $3,218 $3,733 $23,517 2 $28,095 $483 S48 $3,318 $3,849 $47,763 3 $28,966 $497 $50 $3,421 $3,968 $72,761 4 $29,864 $513 $49,895 $5,041 $3,527 558,975 $43,650 5 $30,789 $529 S53 $3,636 $4,218 $70,222 6 $31,744 $545 $55 $3,749 $4,348 $97,617 7 $32,728 $562 $56 $3,865 $4,483 $125,862 8 $33,742 $580 $56,375 $5,695 $3,985 $66,635 $92,969 9 $34,789 $597 $60 $4,108 $4,765 $122,992 10 $35,867 $616 $62 $4,236 $4,913 $153,946 11 $36,979 $635 $64 $4,367 $5,065 $185,860 12 $38,125 $655 $51,460 $5,211 $4,502 $61,828 $162,156 13 $39,307 $675 $53,055 $5,373 $4,642 $63,745 $137,718 14 $40,526 $696 $54,700 $5,540 $4,786 $65,721 $112,523 15 $41,782 $718 $72 $4,934 $5,723 $148,581 16 $43,077 $740 $35,986 $3,673 $5,087 $45,485 $146,173 17 $44,412 $763 $37,101 $3,786 $5,245 $46,895 $143,691 18 $45,789 $786 $79 $5,407 $6,272 $183,208 19 $47,209 $811 $81 $5,575 $6,467 $223,950 20 $48,672 $836 $81,319 $8,216 $5,748 $96,118 5176,503 21 $50,181 $862 $86 $5,926 $6,874 $219,810 22 $51,737 $889 $89 $6,110 $7,087 $264,460 23 $53,341 $916 $92 $6,299 $7,307 $310,494 24 $54,994 $944 S111,343 $11,229 $6,494 $130,011 5235,477 25 $56,699 $974 $114,795 $11,577 $6,696 $134,041 $158,134 26 558,457 $1,004 $100 $6,903 $8,008 $208,583 27 $60,269 S1,035 $104 $7,117 $8,256 $260,596 28 S62,137 $1,067 $103,816 $10,488 $7,338 $122,709 $200,024 29 $64,063 $1,100 $110 $7,565 $8,776 $255,312 30 S66,049 $1,134 $113 $7,800 $9,048 $312,314 31 568,097 $1,170 $117 $8,042 $9,328 $371,082 32 $70,208 $1,206 $117,300 $11,851 $8,291 $138,647 $302,643 33 S72,384 $1,243 $124 $8,548 $9,915 $365,112 34 $74,628 $1,282 $128 $8,813 $10,223 $429,517 35 $76,942 $1,321 $132 $9,086 $10,540 $495,919 36 $79,327 $1,362 $512,233 $51,360 $9,368 $574,322 $923 Totals $1,759,223 $30,213 $481,791 $385,353 $512,233 $140,959 $207,750 $1,758,299 Number of Single Family Residential Lots 148 Year 1 Cost per Residential Lot $ 184.12 [1] Assumes costs and annual assessment revenue escalate at an average rate of 3.10%. K:':CIIents2\5en dacinto`,roxdmalmi1none2_2xlsiSheeu EXHIBIT E-3 ENGINEER'S REPORT CASH FLOW MODEL : ZONE 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Projected Annual Assessment Revenue Sweeping Slurry Seal City, of San Jacinto Street Maintenance Allocation Zone 3 Tentative Tract No. 30878 Street Grind and Remove & Construction Overlay Reconstruct Administration Fund Balance District Total Annual (Revenue Admin ' Expenditure Minus Costs) $34,350 $572 $57 $1,404 $2,033 $35,415 $590 $59 $1,448 $2,096 $36,513 $608 $61 $1,492 $2,161 $37,645 $627 $6,607 $1539 $74,221 $38,812 $646 $65 $1,586 $2,297 $40,015 $666 $67 $1,636 $2,369 $41,255 $687 $69 $1,686 $2,442 $42,534 $708 $73,949 $7,466 $1,739 $83,861 $43,853 $730 $73 $1,792 $2,596 $45,212 $753 $75 $1,848 $2,676 $46,614 $776 $78 $1,905 $2,759 $48,059 $800 $67,452 $6,825 $1,964 $77,042 $49,549 $825 $69,543 $7,037 $2,025 $79,431 $51,085 $851 $71,699 $7,255 $2,088 $81,893 $52,668 $877 $88 $2,153 $3,117 $54,301 $904 $47,203 $4,811 $2,219 $55,137 $55,984 $932 $48,666 $4,960 $2,288 $56,847 $57,720 $961 $96 $2,359 $3,416 $59,509 $991 $99 $2,432 $3,522 $61,354 $1,022 $106,668 $10,769 $2,508 $120,966 $63,256 $1,053 $105 $2,585 $3,744 $65,217 $1,086 $109 $2,666 $3,860 $67,238 $1,120 $112 $2,748 $3,980 $69,323 $1,154 $145,946 $14,710 $2,833 $164,644 $71,472 $1,190 $150,471 $15,166 $2,921 $169,748 $73,687 $1,227 $123 $3,012 $4,362 $75,972 $1,265 $127 $3,105 $4,497 $78,327 $1,304 $136,177 $13,748 $3,201 $154,431 $80,755 $1,345 $134 $3,301 $4,780 $83,258 $1,386 $139 $3,403 $4,928 $85,839 $1,429 $143 $3,509 $5,081 $88,500 $1,474 $153,864 $15,534 $3,617 $174,489 $91,244 $1,519 $152 $3,729 $5,401 $94,073 $1,567 $157 $3,845 $5,568 $96,989 $1,615 $162 $3,964 $5,741 $99,995 $1,665 $758,812 $76,048 $4,087 $840,612 $65,448 Totals $2,217,589 $36,928 $631,975 $505,112 $758,812 $193,283 $90,640 $2,216,750 Number of Single Family Residential Lots 172 Year 1 Cost per Residential Lot $199.71 [1] Assumes costs and annual assessment revenue escalate at an average rate of 3.10%. KACllen L2\ean Jaclnb5oatlmaiml[zone3_2.xls[5heel l $32,317 $65,635 $99,987 $63,411 $99,925 $137,571 $176,384 $135,057 $176,314 $218,850 $262,705 $233,721 $203,839 $173,031 $222,582 $221,745 $220,883 $275,186 $331,172 $ 271,560 $331,071 $392,428 $455,686 $360,365 $262,089 $331,415 $402,890 $326,785 $402,761 $481,091 $561,849 $475,860 $561,704 $650,208 $741,456 $839 EXHIBIT E-4 ENGINEER'S REPORT CASH FLOW MODEL : ZONE 4 Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 City of San Jacinto Street Maintenance Allocation) Projected Annual Fund Balance Assessment Street Grind and Remove & Construction District Total Annual (Revenue Revenue Sweeping Slurry Seal Overlay Reconstruct Administration Admin Expenditure Minus Costs) $17,050 $17,579 $18,123 $18,685 $19,265 $19,862 $20,477 $21,112 $21,767 $22,442 $23,137 $23,854 $24,594 $25,356 $26,142 $26,953 $27,788 $28,650 $29,538 $30,454 $31,398 $32,371 $33,375 $34,409 $35,476 $36,576 $37,709 $38,878 $40,084 $41,326 $42,607 $43,928 $45,290 $46,694 $48,141 $49,634 $242 $24 $1,663 $1,929 $250 $25 $1,715 $1,989 $257 $26 $1,768 $2,051 $265 $32,429 $3,269 $1,823 $37,786 $273 $27 $1,879 $2,180 $282 $28 $1,937 $2,247 $291 $29 $1,997 $2,317 $300 $36,641 $3,694 $2,059 $42,694 $309 $31 $2,123 $2,463 $319 $32 $2,189 $2,539 $328 $33 $2,257 $2,618 $339 $32,232 $3,257 $2,327 $38,155 $349 $33,231 $3,358 $2,399 $39,337 $360 $34,262 $3,462 $2,473 $40,557 $371 $37 $2,550 $2,958 $383 $23,389 $2,377 $2,629 $28,777 $394 $24,114 $2,451 $2,710 $29,670 $407 $41 $2,794 $3,242 $419 $42 $2,881 $3,342 $432 $52,854 $5,329 $2,970 $61,585 $446 $45 $3,062 $3,553 $459 $46 $3,157 $3,663 $474 $47 $3,255 $3,776 $488 $69,741 $7,023 $3,356 $80,608 $504 $71,903 $7,241 $3,460 $83,107 $519 $52 $3,567 $4,139 $535 $54 $3,678 $4,267 $552 $67,475 $6,803 $3,792 $78,622 $569 $57 $3,910 $4,535 $587 $59 $4,031 $4,676 $605 $60 $4,156 $4,821 $623 $76,239 $7,686 $4,285 $88,834 $643 $64 $4,417 $5,125 $663 $66 $4,554 $5,283 $683 $68 $4,696 $5,447 $704 $332,212 $33,292 $4,841 $371,049 Totals $1,100,725 $15,623 $313,141 $241,368 $332,212 $90,234 $107,361 $1,099,940 Number of Single Family Residential Lots 77 Year 1 Cost per Residential Lot $221.43 [1] Assumes costs and annual assessment revenue escalate at an average rate of 3.10%. K ,Cliers2t5an Jad iotraatlmalnlllzone._2.xIslSheetl $15,121 $30,710 $46,783 $27,682 $44,767 $62,381 $80,542 $58,960 $78,264 $98,166 $118,685 $104,385 $89,642 $74,441 $97,626 $95,801 $93,920 $119,328 $145,524 $114,393 $142,238 $170,946 $200,544 $154,345 $106,714 $139,151 $172,594 $132,851 $168,399 $205,049 $242,835 $197,930 $238,095 $279,506 $322,200 $785 December 18, 2003 TO: The Honorable City Council FROM: Tim Hults, Community Development Director" SUBJECT: PAL Building Location and Materials RECOMMENDATION: By motion, authorize Staff to explore locations and to solicit proposals for either a traditional wood frame building and/or metal building for the new home of the San Jacinto PAL program. BACKGROUND: On December 4, 2003, the City Council reprogrammed $40,000 toward the relocation of the San Jacinto PAL program and the installation of a modular building to house the PAL activities. The reprogramming action, coupled with a similar action ($60,000) by the Riverside County Board of Supervisors, provides for a relocation and building acquisition budget of $100,000. Subsequent to this action, Staff began the process to explore the necessary site preparation at Sallee Park and the acquisition of the modular building. Staffs findings have determined that site preparation is not part of the acquisition cost of the modular building and that site preparation will cause considerable costly modifications to the recently renovated Sallee Park. A suitable modular building, encompassing 1,224 square feet with a 17 foot high roof line to accommodate the boxing ring, has been found at Mobile Modular of Mira Loma. The cost to acquire (including sales tax), renovate and set the modular on a low profile foundation is $97,507.46. This price does not include any site preparation. Site preparation would include excavation of the footing for the low profile foundation, excavation of trenches for the water, sewer and electrical lines, and any flat work for walkways and steps. The site preparation is estimated $30,000. The combined cost to acquire the modular building and prepare the site is approximately $130,000, in excess of $106 per square foot. Staff believes that a traditional wood frame and stucco building or metal building of a similar size could be constructed with utility extensions within the budgeted amount of $100,000. Page 1 of 2 4. City Manager: Finance Director: Relocation of the PAL program to Sallee Park will result in the, modification of the newly renovated facility because of grading and utility excavations to extend the water and sewer lines from Tahquitz Avenue. The modifications include the removal of the new fencing on Washburn Avenue to allow for the delivery and placement of the modular building. Additionally, because the closest water and sewer improvements are in Tahquitz Avenue, a large area of the Park would have to be excavated to extend laterals to the proposed modular building. And finally, the irrigation system would have to be altered because of the placement of the building and its associated improvements: In order to avoid any modifications to the park, Staff would request that the Council autho a search for a new location in the same vicinity. JUSTIFICATION: Authorizing staff to search for a new location could result in no modification to the recently renovated Sallee Park, while still meeting the locational objectives of the PAL program. Exploring an alternative building design could result in a cost savings, meeting budget objectives. BUDGETARY IMPACT: Potential cost savings in site preparation and building construction. Otherwise, an additional $30,000 would have to be found in order for the project to proceed. ATTACHMENTS: None Page 2 of 2 AGENDA ITEM December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Jim Barron, Fire Chief SUBJECT: Fire Department's Recommended Site Plan for Future Fire Stations needed to serve the City at build -out RECOMMENDATION: Approve the Fire Department's site plan proposal for future fire stations needed to serve the City at build -out. An additional recommendation as to staffing needs for each fire station is also provided for Council consideration. Direct staff to bring back a detailed zone map with assessor's parcel numbers (APNs) and a recommended site for a new fire station in the vicinity of Sanderson Avenue and Cottonwood Avenue. BACKGROUND: The City Manager directed the Fire Department to prepare a Plan to identify our City's future fire stations and staffing needs to stay abreast of development in the City. During our Growth Workshop held in February, 2003, Council was briefed by staff as to our inability to provide adequate emergency response times to the west end of the City where extensive subdivision development is in the current planning stages. The Fire Department identified five (5) minutes as the desired maximum response time. This is particularly critical in life-saving rescues/medical-aids and extinguishment of structure fires prior to the flashover stage. ✓ d+ Page 1 of 3 With this response goal in mind, stafFrecommends the following future fire station sites and staffing: Station Location 1 San Jacinto Ave. and First St. (current site) 4 Sanderson Avenue and Cottonwood Avenue Sanderson Avenue and Ramona Expressway Warren Road / north of Cottonwood Avenue Staffing engine company and truck company engine company engine company and truck company engine company Staff also recommends that a dedicated Battalion Chief / Fire Marshal position be created when the third fire station comes on line. This position will assure proper personnel supervision, emergency management and fire protection planning overview for the City. The above recommendations were prepared taking into consideration National Fire Protection Association (NFPA) Standards and the Riverside County Fire Department's Goals and Objectives for Emergency Services Delivery for Unincorporated Areas. JUSTIFICATION: This Plan allows the City to better prepare for future fire station and staffing needs, as well as the associated costs. Identifying these potential expenses now will help to structure our newly created Public Safety CFD. BUDGETARY IMPACT: At current dollars, the staffing costs would be as follows: Cost per engine Cost per ladder truck Cost per battalion chief $901,995 $1,032,171 $150,000 Staffs experience as to costs associated with constructing a fire station is approximately $1.2 million, excluding land acquisition. Additionally, a fully - equipped fire engine currently costs approximately $350,000 and a ladder truck is $850,000. Page 2 of 3 ATTACHMENTS: "Riverside County Fire Department Summary of Specific Goals and Objectives for Emergency Services Delivery for Unincorporated Areas" "Response Study for Proposed San Jacinto City Fire Stations" Page 3 of 3 Hea Riverside County Fire Department Summary of Specific Goals and Objectives for Emergency Services Delivery Unincorporated Areas y Urban Categoi Land Use Charac eristics: Regional and Community Commercial Centers Heavy Industrial Uses Residential densities of eigl Protection Goals: tt or more dwelling units per acre Initiate suppression prior to "flashover" in structure fires Confine vegetation fires to property of origin with first alarm forces Objectives: 1. Apply Extinguishing agent to structure and vegetation fires within seven minutes for industrial occupancies and land uses. 2. Apply extinguishing agent to structure and vegetation fires within eight minutes for residential occupancies and land uses. Fire station located within 1.5 miles. Urban Land Use Characteristics: Category II l . Broad mix of land uses including light to moderate commercial and industrial development. 2. Residential densities of two to seven dwelling units per acre. Protection Goals: 1. Confine structure fires to building of origin with the first alarm forces. 2. Confine vegetation tires to property origin with first alarm forces. Objectives: I. Apply extinguishing agent to structure and vegetation fires within ten minutes 2. Full first alarm assignment operating on the tireground within fifteen minutes. 3. Fire station shall he located within 3 miles. Rural Category Ill Land Use Characteristics. Agricultural, small-scale commercial, isolated light manufacturing and industrial development 2. Residential densities of one dwellini per acre up to one dwelling per live acres. Protection Goals: i . Confine structure fire to building of origin with first alarm forces. 2 Confine vegetation fires to property of origin with first alarm forces. Objectives I. Apply extinguishing agent to structure and vegetation fires within 14 minutes.'< 2. Full first alarm assignment on scene and operating within 20 minutes. 3 Fire station shall be located within 5 miles. Response Time Elements Response time — Call Receipt + Dispatch of Units +- Travel Time to Location + Set Up December 18, 2003 The Honorable Mayor and Membe tki FROM: Bernie Simon, Finance Director SUBJECT: Adopt Resolutions Amending and Restating Joint Powers Agreement (JPA) —Public Entity Risk Management Authority (PERMA) s of the City Council RECOMMENDATION: I) Adopt resolution authorizing amendment to Article 19(c) of the Amended and Restated Joint Powers Agreement of the PUBLIC ENTITY RISK MANAGEMENT AUTHORITY. 2) Adopt resolution authorizing amendment to Articles 8(d), 10, 11, and 22 of the Amended and Restated Joint Powers Agreement of the PUBLIC ENTITY RISK MANAGEMENT AUTHORITY. BACKGROUND: At the PERMA Board meeting on December 4, 2003, the Board voted in favor of amending the Joint Powers Agreement (JPA). An amendment to the JPA requires a vote of two-thirds of the member organizations, acting through their governing boards. PERMA is comprised of 26 members; therefore, an amendment would require a supportive vote of 18 members. A summary of the recommended amendments are detailed on the attached staff report from Scott Ellerbrock, General Manager of PERMA, to the Board of Directors. Page 1 of 2 The primary change is the withdrawal notice required by a member from 90 days to six (6) months in article 19(c) along with penalty language. The amendments to Articles 8(d), 10, 11, and 22 clarifies some JPA. JUSTIFICATION: New language with strengthen withdrawal penalty clause and clarifies some vague and conflicting issues. BUDGETARY IMPACT: None ATTACHMENTS: Staff Report from Scott Ellerbrock to PERMA Board of Directors dated December 4, 2003. Resolution authorizing amendment to Article 19(c) of the Amended and Restated Joint Powers Agreement Resolution authorizing amendment to Articles 8(d), 10, 11, and 22 of the Amended and Restated Joint Powers Agreement Page 2 of 2 PUBLIC ENTITY RISK MANAGEMENT AUTHORITY BOARD OF DIRECTORS' MEETING December 4, 2003 AGENDA ITEM 5H: PREPARED BY: ACTION CALENDAR Joint Powers Agreement Scott Ellerbrock General Manager RECOMMENDATION: Recommend that each members' governing board vote to amend Article 19(c) of the Amended and Restated Joint Powers Agreement (JPA) to increase the notice requirement for a member's withdrawal from a coverage program from ninety (90) days to six (6) months and vest the Executive Committee with the authority to assess an early -withdrawal charge to a member that does not provide the required six month notice. Recommend that each members' governing board vote to amend Articles 8(d), 10, 11, and 22 of the Amended and Restated Joint Powers Agreement (JPA) to conform the JPA to the Bylaws and current practice. FISCAL IMPLICATIONS: Not applicable for this report. BACKGROUND & OVERVIEW: At its meeting of June 26, 2003, the Board directed staff to develop policy language to extend the written withdrawal notice requirement. A change in the withdrawal policy would require an amendment to the Joint Powers Agreement (JPA). An amendment to the JPA requires a vote of two-thirds of the member organizations, acting through their governing boards. PERMA is comprised of 26 members; therefore, an amendment would require a supportive vote of 18 members. The effective date of the amendment will be the date the 18th affirmative resolution is received. Staff recommends the ninety (90) day notice be extended to a six (6) month notice requirement. Extending the notice requirement will give the organization sufficient time to address a withdrawing member's issue(s) and develop the following program year's budget knowing the membership status of that program year. Pfesently, the withdrawal notice is required in the beginning of April (90 days prior to the end of a program year) and the following program year's budget is presented the first week of IViarch. The problem with allowing members to provide notice after the budget is developed is that the deposit premiums presented in the budget need to be recalculated to absorb the share of the withdrawing member's administrative costs. Additionally, most pools staff is familiar with have a written withdrawal notice requirement of 6 rrionths. In other words, extending the withdrawal notice requirement does not create any m arketing issues for the organization. During the JPA review, a few housekeeping items were also noted and changes are recommended to conform to the Bylaws and current practice. Staff has kept the housekeeping matters distinguished from the withdrawal notice matter by separate sample resolutions (attached). A summary of the recommended amendments follows: Article Page # of Strikeout Version of JPA Comments Article 19(c) Page 13 Article 8(d) Page 5 Article 10 Page 7 Extends the 90 day notice to 6 months and introduces an early -withdrawal charge for members that do not comply. Adds the Executive Committee may elect the officers - consistent with recent Bylaws revision regarding election process. Add the Executive Committee may elect the President and Vice President - consistent with recent Bylaws revision regarding election process. Article 11 Page 7 Changes the number of Executive Committee persons to the currently established number of seven. Article 22 Page 14 Deletes reference to a Procedures Manual as a governing document. Procedure manuals exist for the Liability and Workers' Compensation programs; however, giving these documents the weight of a governing document and the possibility of conflicts with the JPA and Bylaws is an area of concern. Page -2- Assuming the Board approves the recommended amendments and upon receipt of the required 18th affirmative resolution, staff will distribute a revised Joint Powers Agreement to each member for signature (the authority to execute a revised JPA is incorporated in the sample resolutions). REFERENCE MATERIALS ATTACHED: Governing Board Resolution - JPA Article 19(c). Governing Board Resolution - JPA Articles 8(d), Joint Powers Agreement - Strikeout Version. Page -3- 0, 11, and 22. PUBLIC ENTITY RISK MANAGEMENT AUTHORITY (PERMA) AMENDED AND RESTATED JOINT POWERS AGREEMENT Revised July 1, 1993 December _, 2003 AMENDED AND RESTATED JOINT POWERS AGREEMENT CREATING THE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY This Agreement is executed in the State of California by and among those local governments and special districts organized and existing under the Constitution of the State of California which are parties signatory to this Agreement. All such local public entities, hereinafter called member organizations shall be listed in Appendix A, which shall e attached hereto and made a part hereof. RECITALS WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and WHEREAS, California Government Code section 990.4 provides that a local public entity may self -insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and WHEREAS, Article 16, Section 6 of the California Constitution provides that insurance pooling arrangements under joint exercises of power agreements shall not be considered the giving or lending of credit as prohibited therein; and WHEREAS, California Government Code section 990.8 provides that two or more local public entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code section 990.4; and WHEREAS, the Public Entity Risk Management Authority was created in 1985 by written agreement which has been amended on four prior occasions and which the present member organizations now desire to amend and completely restate; and WHEREAS, the local governments and special districts executing this Agreement desire to continue to join together for the purpose of jointly funding programs of insurance for workers' compensation, comprehensive liability, and other coverages to be determined; NOW THEREFORE, the parties agree as follows: Page -1- ARTICLE 1 DEFINITIONS "Authority" shall mean the Public Entity Risk Management Authority created by this Agreement. "Board of Directors" or "Board" shall mean the governing body of the Authority. "Claim" shall mean a claim made against a member organization arising out of a loss which is covered by an insurance program of the Authority in which the member organization is a participant. "Dependent District" shall mean a special district or county service area within a member organization which is governed by the member organization's governing board. "Executive Committee" shall mean the Executive Committee of the Board of Directors of the Authority, or shall mean the Board of Directors if no separate Executive Committee has been appointed. "Insurance Program" shall mean a program of the Authority under which participating member organizations are protected against designated losses. "Fiscal Year" shall mean that period of twelve months which is established by the Board of Directors as the fiscal year of the Authority. "Government Code" shall mean the California Government Code. "Joint Powers Law" shall mean Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code. "Loss" shall mean a liability or potential liability of a member organization, including litigation expenses, attorney's fees and other defense costs, which is covered by an insurance program of the Authority in which the member organization is a participant. "Member Organization" shall mean any local government or special district or other local public entity approved for membership in the Authority which has executed this Agreement and become a member of the Authority. "Participating Member Organization," as used in reference to an insurance program of the Authority, shall mean any member organization which has entered that program pursuant to this Agreement and has not withdrawn or been canceled therefrom pursuant to Articles 18 or 19. Page -2- "Policy Year" shall mean, for each insurance program of the Authority, that period of twelve months commencing upon the effective date of the program, and each twelve rnonth period thereafter. ARTICLE 2 PURPOSES This Agreement is entered into by the member organizations to jointly develop and fund programs of insurance and such other coverage as may be determined by the Authority. All such purposes shall be accomplished through a joint exercise of powers by such organizations, pursuant to this Agreement, by a separate legal entity, the Public Entity Risk !Management Authority, as created herein. (a) ARTICLE 3 PARTIES TO AGREEMENT Each member organization, as a party to this Agreement, certifies that it intends to and does contract with all other member organizations as parties to this Agreement and, in addition, with such other organizations as may later be added as parties to this Agreement pursuant to Article 18. Each member organization also agrees that the cancellation or withdrawal of any party from this Agreement, pursuant to Article 19, shall not affect this Agreement as to those member organizations then remaining. (b) Any member organization may contract on behalf of, and shall be deemed to include: (1) Any dependent district, from the time that the member organization provides the Authority written notice of the name and inclusion of such district. (2) Any other local public entity which receives insurance coverage from the member organization, subject to the approval of the Board of Directors. Such district or other local public entity shall not be considered a separate party to this Agreement, shall not affect the member organization's representation on the Board of Directors, and shall be part of and represented by the member organization for all purposes under this Agreement. Page -3- ARTICLE 4 TERM Amendments to this Agreement shall become effective when approved, executed and returned to the Authority by two-thirds of the member organizations. This Agreement shall continue in effect until terminated as provided herein. ARTICLE 5 CREATION OF THE AUTHORITY Pursuant to the joint powers law, a public entity separate and apart from the parties hereto was created in 1985 known as the Public Entity Risk Management Authority. ARTICLE 6 POWERS OF THE AUTHORITY The Authority shall have all of the powers common to its member organizations in California and all additional powers set forth in the joint powers law, and Authority is hereby authorized to do all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the following: (a) To make and enter into contracts. (b) To incur debts, liabilities, and obligations. (c) To acquire, hold, or dispose of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities. (d) To sue and be sued in its own name, and to settle any claim against it. (e) To receive and use contributions and advances from member organizations as provided in Government Code section 6504, including contributions or advances of personnel, equipment, or property. To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code section 6509.5. To do such other things as are necessary to carry out all provisions of this Agreement. Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law. (f) (g) Page -4- The Authority shall be governed by the Board of Directors, which shall be composed of one director from each member organization which maintains membership in the liability program. Each member of the Board shall be appointed by the member organization's governing body and shall serve at the pleasure of that body. ' Each member organization shall also appoint an alternate director who shall have the authority to attend, participate in and vote at any meeting of the Board when the director is absent. A director, or alternate director, shall be an elected official or employee of the member organization. `Termination of office or employment with the member organization shall automatically terminate membership or alternate membership on the Board. Any vacancy in a director or alternate director position shall be filled by the appointing member organization's governing body, subject to the provisions of this article. A majority of the membership of the Board of Directors shall constitute a quorum for the transaction of business. Except as otherwise provided in this Agreement, action of the Board shall require the affirmative vote of a majority of the quorum; provided, however, that any action which is restricted in effect to one of the Authority's insurance programs, as determined by the President of the Board, shall also require the affirmative vote of a majority of those members of the Board of Directors present and voting who represent member organizations participating in that program. ARTICLE 8 POWERS OF THE BOARD OF DIRECTORS The Board of Directors shall have the following powers and functions: (a) The Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation of authority to other bodies or persons pursuant to this Agreement and applicable law. (b) The Board may form an Executive Committee from its membership, as provided in Article 11, and may delegate to that Committee such powers as it sees fit, provided that all powers of the Executive Committee shall be exercised under the direction of the Board. (c) The Board may form such other committees as it deems appropriate in conducting the business of the Authority. (d) The Board, either directly or through the Executive Committee, shall elect the officers of the Authority. (e) The Board shall cause to be prepared and adopt the annual operating budget of the Authority. Page -5- (9) The Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each insurance program of the Authority, including all provisions for reinsurance and administrative services necessary to carry out such program. The Board shall contract or otherwise provide for necessary services to the Authority and to member organizations. These necessary services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services. (h) The Board, either directly or through the Executive Committee, shall provide general supervision and policy direction to the General Manager of the Authority and the Secretary of the Board. The Board shall receive and act upon reports of its committees and General Manager/Secretary, either directly or through the Executive Committee. The Board shall establish monetary limits upon any delegation of the claims payment and settlement authority, beyond which a proposed settlement must be referred to the Board for approval. The Board may require that the Authority review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any member organization insofar as those functions are affecting the liability or potential liability of the Authority. The Board may forward any or all such recommendations to the member organization with a request for compliance and a statement of potential consequences for noncompliance. The Board shall receive, review and act upon periodic reports and audits of the funds of the Authority, as required under Articles 14 and 15 of this Agreement. The Board shall have such other powers and functions as are provided for in this Agreement, in the Bylaws of the Authority, and in applicable law. ARTICLE 9 MEETINGS OF THE BOARD OF DIRECTORS (a) The Board shall hold at least one regular annual meeting and shall provide for such other regular meetings as it deems necessary. (b) The General Manager/Secretary of the Authority shall provide for the keeping of minutes of regular and special meetings of the Board, and shall, as soon as Page -6- possible after each meeting, forward a copy of the minutes to each member of the Board. All meetings of the Board shall be called, ;'noticed, held and conducted in accordance with the provisions of Government Code section 54950, et seq. ARTICLE 10 OFFICERS The Board of Directors, either directly or through the Executive Committee, shall annually elect from its membership a President and Vice President of the Board at its regular annual meeting to service for one-year terms: The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board and chair the Executive Committee. Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law. ARTICLE 11 EXECUTIVE COMMITTEE The Board of Directors may establish an Executive Committee of the Board which shall consist of five seven persons: the President and Vice President of the Board, and three five directors elected by the Board from its membership. The terms of office of the three seven members shall be as provided for in the Bylaws of the Authority. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising such powers as are delegated to it by the Board, under the direction of the Board. Principal Staff (a) ARTICLE 12 STAFF The following staff members shall be established: (1) General Manager/Secretary. The General Manager/ Secretary shall administer the business and activities of the Authority, subject to the general supervision and policy direction of the Board of Directors and Executive Committee; shall be responsible for all minutes, notices and records of the Page -7- Authority; and shall perform such other duties as are assigned by the Board and Executive Committee. 2) Other Staff. The General Manager/Secretary may provide for such other staff as may be necessary for the administration of the Authority, subject to Board approval. (b) Pursuant to Government Code section 6505.5, the Treasurer and Auditor shall be the treasurer and auditor of a member organization of the Authority. (1) Treasurer. The duties of the Treasurer are set forth in Articles 14 and 1 this Agreement. (2) Auditor. The Auditor shall draw warrants to pay demands against the Authority when approved by the Treasurer, and shall perform the annual audit functions required under Article 14. (c) Charges for Treasurer and Auditor Services. Pursuant to Government Code section 6505.5, the charges to the Authority for the services of the Treasurer and Auditor shall be determined by the governing Board of the member organization from which such staff members are appointed. ARTICLE 13 SUPPORT OF AUTHORITY'S GENERAL EXPENSES Costs of staffing and supporting the Authority, hereinafter called Authority general expenses, shall be equitably allocated among the various programs by the Board, and shall be funded by the member organizations developing or participating in such programs in accordance with such allocations as hereinafter provided. In addition, the Board may, at its discretion, allocate a share of such Authority general expense to those member organizations which are not developing or participating in any program, and require those member organizations to fund such share through a prescribed charge. Member organizations which are not members of the Coachella Valley Association of Governments shall pay annual in -lieu dues to the Coachella Valley Association of Governments for the fiscal year 1995/1996 in an amount equal to 100% of the amount paid as in -lieu dues for the previous fiscal year and to pay annual in -lieu dues for the fiscal year 1996/1997 in an amount equal to 50% of the amount paid as in -lieu dues for the previous fiscal year; thereafter, no in -lieu dues shall be payable to the Coachella Valley Association of Governments. Page -8- ARTICLE 14 FUNDING AND IMPLEMENTATION OF INSURANCE PROGRAMS a) Program Funding. The member organizations developing or participating in an insurance program shall fund all costs of that program, including administrative costs, as hereinafter provided. (1) Development Charge. Development costs of an insurance program shall be funded by a development charge, as fixed by this Agreement or determined by the Board of Directors.The development charge shall be paid by each member organization which wishes to join in development of the program and thereby reserve the option to participate in the program following its adoption by the Board. Development costs are those costs incurred by the Authority in developing a program for review and adoption by the Board of Directors, including, but not limited to: research, feasibility studies, information and liaison work among member organizations, preparation and review of documents, and actuarial and risk management consulting services. The development charge may also include a share of Authority general expense, as allocated to the program development function by the Board. The development charge shall be billed by the Authority to all member organizations upon authorization of program development by the Board and shall be payable within thirty (30) days of the billing date. Upon the conclusion of program development: any deficiency in development funds shall be billed to all member organizations that have paid the development charge, on a pro-rata or other acceptable basis, as determined by the Board; and any surplus in these funds shall be billed to all member organizations that have paid the development charge, on a pro rata or other acceptable basis, as determined by the Board, and any surplus in these funds shall be transferred into the loss reserve funds for the program, or, if the program is not implemented, into the Authority's general expense funds. (2) Annual Premium. Except as provided in (3) below, all post -development costs of an insurance program shall be funded by annual premiums charged to the member organizations participating in the program each policy year, and by interest earnings on the funds so accumulated. Such premiums shall be determined by the Board of Directors upon the basis of a cost proration plan and rating formula developed by the Authority with the assistance of a casualty actuary, risk management consultant, or other qualified person and described in the Bylaws. The premium for each participating member organization shall include that organization's share of expected claims costs, program reinsurance costs, and program administrative costs for the year, plus that member organization's share of Authority general expense charged to the program by the Board. Page -9- Premium Surcharge. Ifthe Authority experiences an unusually large number of losses during a policy year the funds for a given Program may become exhausted. In such case the Board may, upon consultation with an actuary, impose premium surcharges on all members who were in the Program at the time such loss or losses occurred in order to pay necessary costs. However, annual surcharges shall not exceed an amount equal to three times the member's annual premium for the policy year in which such loss occurred. Each member surcharge shall be based upon its pro rata share of premiums paid in said year. It is understood this does not limit the Authority from surcharges in future years, even losses for which a levy may have been imposed in a previous year. (b) Late Entry Into Program. A member organization which does not elect to enter an insurance program upon its implementation or a member organization which becomes a party to this Agreement following implementation of the program, may petition the Board of Directors for late entry into the program. Such request may be granted upon a vote of two-thirds of the quorum, plus a vote of two-thirds of a quorum of those members who represent member organizations participating in the program. (a) As a condition of late entry, the member organization shall pay the development charge for the program, as adjusted at the conclusion of the development period, but not subject to further adjustment, and also any costs incurred by the Authority in analyzing the member organization's loss data and determining its annual premium as of the time of entry. The method of calculating premium charges to late entrants shall be specified in the Bylaws. ARTICLE 15 ACCOUNTS AND RECORDS Annual Budget. The Authority shall annually adopt an operating budget pursuant to Article 8 of this Agreement, which shall include a separate budget for each insurance program under development or adopted and implemented by the Authority. (b) Funds and Accounts. The Treasurer of the Authority shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board of Directors. Separate accounts shall be established and maintained for each insurance program under development or adopted and implemented by the Authority. Books and records of the Authority in the hands of the Treasurer shall be open to inspection at all reasonable times by authorized representatives of member organizations. The Authority shall adhere to the standard of strict accountability for funds set forth in Government Code section 6505. (c) Treasurer's Report. The Treasurer, within one hundred and twenty (120) days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each member organization. Page -10- d) Annual Audit. Pursuant to Government Code section 6505, the Auditor shall either make or contract with a certified public accountant to make an annual fiscal year audit of all accounts and records of the Authority, conforming in all respects with the requirements of that section. A report of the audit shall be filed as a public record with each member organization within six months of the end of the fiscal year under examination. Costs of the audit shall be considered a general expense of the Authority. ARTICLE 16 RESPONSIBILITIES FOR FUNDS AND PROPERTY The Treasurer shall have the custody of and disburse the Authority's funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board of Directors to perform that function, subject to the requirements of (b) below. (b) Pursuant to Government Code section 6505.5, the Treasurer shall: (1) Receive and acknowledge receipt for all funds of the Authority and place them in the treasury of the Treasurer to the credit of the Authority. (2) Be responsible upon his or her official bond for the safekeeping and disbursement of all Authority funds so held by him or her. (3) Pay any sums due from the Authority, as approved for payment by the Board of Directors or by any body or person to whom the Board has delegated approval authority, making such payments from Authority funds upon warrants drawn by the Auditor. (4) Verify and report in writing to the Authority and to member organizations, as of the first day of each quarter of the fiscal year, the amount of money then held for the Authority, the amount of receipts since the last report, and the amount paid out since the last report. (c) Pursuant to Government Code section 6505.1, the General Manager/Secretary, the Treasurer, and such other persons as the Board of Directors may designate shall have charge of, handle, and have access to the property of the Authority. (d) The Authority shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board of Directors, covering all officers and employees of the Authority who are authorized to hold or disburse funds of the Authority, and all officers and employees who are authorized to have charge of, handle, and have access to property of the Authority. Page -11- ARTICLE 17 RESPONSIBILITIES OF MEMBER ORGANIZATIONS Member organizations shall have the following responsibilities under this Agreement. (a) The governing body of each member organization shall appoint a representative and one alternate representative to the Board of Directors, pursuant to Article 7. Such representatives and alternate representatives shall be an officer or employee of such member organization. (b) Each member organization shall provide the Authority such other information or assistance as may be necessary for the Authority to develop and implement insurance programs under this Agreement and shall comply with and conform to such standardized reporting, processing and administrative practices as may be established by the Authority. (c) Each member organization shall have such other responsibilities as are provided elsewhere in this Agreement, and as are established by the Board of Directors in order to carry out the purposes of this Agreement. ARTICLE 18 NEW MEMBERS Any local government entity or special district or other local public entity may become a party to this Agreement and a member of the Authority only upon an affirmative vote of a majority of the member organizations of the Authority and upon payment of such fees, charges, premiums and capital fees as may be deemed appropriate by the Authority. (a) ARTICLE 19 CANCELLATION OR WITHDRAWAL A member organization may withdraw as a party to this Agreement upon thirty (30) days' advance written notice to the Authority if it has never become a participant in any insurance program pursuant to Article 14, or if it has withdrawn from all insurance programs in which it was a participant, pursuant to (c) below. (b) The Board of Directors may: (1 ) Cancel, for reasonable cause, any member organization from this Agreement and membership in the Authority, on a vote of two-thirds of the quorum of the Board members. Such action shall have the effect of canceling the member organization's participation in all insurance programs of the Authority as of the date that membership is canceled, subject to the notice provisions below. (2) Cancel any member organization's participation in an insurance program of the Authority, without canceling the member organization's membership in Page -12- (c) (d) (a) (b) the Authority or participation in other programs, on a vote of two-thirds of the quorum of the Board members, plus a vote of two-thirds of the quorum of the members who represent member organizations participating in the program, subject to the notice provisions below. The Board shall give ninety (90) days' advance written notice of the effective date of any cancellation under the foregoing provisions. Upon such effective date, the member organization shall be treated the same as if it had voluntarily withdrawn from this Agreement, or from the program, as the case may be. Any member having completed three (3) years as a party to this Agreement may withdraw from its status as a member participant in a program only at the end of a policy year for the program, and only if it gives the Authority at least ninety (00) days' six (6) months advance written notice of such action. The Authority may assess an early -withdrawal charge for any such member that withdraws from a program without providing six (6) months advance written notice. The early -withdrawal charge is to be determined in the discretion of the Executive Committee based upon all costs and damages resulting to the Authority because of the member's withdrawal on short notice. The early -withdrawal charge shall not exceed the withdrawing member's annual premium for the program from which it is withdrawing A member organization which withdraws from all insurance programs of the Authority in which it was a participant and does not enter any program for a period of six (6) months thereafter shall be considered to have withdrawn as a party to this Agreement at the end of such period, and its membership in the Authority shall be automatically canceled as of that time, without action of the Board of Directors. ARTICLE 20 EFFECT OF CANCELLATION OR WITHDRAWAL If a member organization withdraws from participation in an insurance program of the Authority or such participation is canceled, with or without cancellation of membership in the Authority, and such cancellation is effective before the end of the policy year for that program, the Authority shall promptly determine and return to the member organization the amount of any unearned premium payment from the member organization for the policy year, such amount to be computed on a pro rata basis from the effective date of cancellation. In addition, the Board of Directors may in its sole and absolute discretion determine and return to the member organization such fees, charges and pro rata share of assets as it may determine are due and owing to such member organization. Except as provided in (a) above, a member organization which withdraws or is canceled from this Agreement and membership in the Authority, or from any program of the Authority, shall not be entitled to the return of any premium or other Page -13- payment to the Authority, or of any property contributed to the Authority. However, in the event of termination of this Agreement, such member organization may share in the distribution of assets of the Authority to the extent provided in Article 21. (c) Notwithstanding withdrawal or cancellation from any insurance program of the Authority, a member organization shall pay any premium charges which the Board of Directors determines are due from the member organization for losses and costs during the period in which the member organization was a participant in such program. Such charges may include any deficiency in a premium previously paid by the member, organization, any premium surcharge assessed to the member organization and any additional amount of premium which the Board determines to be due from the member organization upon final disposition of all known or future claims arising from known or potential losses under the program during the organization's period of participation. Any such premium charges shall be payable by the organization within thirty (30) days of billing by the Authority. The liability of the Authority for incurred, but not reported, claims shall be governed by the particular insurance program provisions. ARTICLE 21 TERMINATION AND DISTRIBUTION OF ASSETS (a) This Agreement may be terminated at any time upon the election to terminate of three -fourths of the member organizations acting through their governing boards; provided, however, that this Agreement and the Authority shall continue to exist after such election for the purpose of disposing of all claims, distributing all assets, and performing all otherfunctions necessary to conclude the affairs of the Authority. (b) Upon termination of this Agreement, all assets of the Authority in each insurance program shall be distributed among those member organizations which participated in that program in proportion to their cash contributions, including premiums paid and property contributed (at market value when contributed). The Board of Directors shall determine such distribution within six months after disposal of the last pending claim or other liability covered by the program. (c) Following termination of this Agreement, any member organization which was a participant in an insurance program of the Authority shall pay any additional amount of premium, determined by the Board of Directors in accordance with a loss allocation formula, which may be necessary to enable final disposition of all claims arising from losses under that program during the member organization's period of participation. BYLAWS ARTICLE 22 As soon as practical after the effective date of this Agreement, the Bylaws will be amended to reflect this new Amended and Restated Joint Powers Agreement. The Bylaws -arrd Page -14- Ffocedures Manual will govern the day-to-day operations of the Authority. Upon adoption by the Board, such documents the Bylaws shall be delivered by the Authority to each !Member Organization. ARTICLE 23 NOTICES -The Authority shall address notices, billings and other communications to a member organization as directed by the organization. Member organizations shall address notices and other communications to the Authority to the General Manager/Secretary of the Authority. ARTICLE 24 AMENDMENT This Agreement may be amended at any time by a vote of two-thirds of the member organizations, acting through their governing boards. ARTICLE 25 PROHIBITION AGAINST ASSIGNMENT No member organization may assign any right, claim or interest it may have under this Agreem ent, and no creditor, assignee or third party beneficiary of any member organization shall have any right, claim or title to any party, share, interest, fund, premium or asset of the Authority. ARTICLE 26 AGREEMENT COMPLETE The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. ARTICLE 27 FILING WITH SECRETARY OF STATE The Secretary of the Authority has previously filed notice of this Agreement or any amendments to it with the office of the California Secretary of State within 30 days of its effective date, as required by Government Code section 6503.5. Page -15- ARTICLE 28 JOINT AND SEVERAL LIABILITY No member shall be jointly and severally liable for any debts, and/or obligations of the Authority or any of its members. ARTICLE 29 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Pursuant to the provisions of the original agreement establishing the Authority, the Coachella Valley Association of Governments provided staff members to the Authority, received revenue from some member organizations and exercised a degree of management and control over the affairs of the Authority. Except with regard to in -lieu dues as provided therein, this ceased pursuant to an amendment to the joint powers agreement which became effective May 16, 1995. It is the intent of the parties that the Coachella Valley Association of Governments shall have no rights, powers, duties or responsibilities of any kind, except that it may continue as a member organization of the Authority with voting rights upon the terms provided and subject to the provisions contained in this Agreement and except with respect to the right of the Coachella Valley Association of Governments to receive and enforce its right to receive in -lieu dues as provided in Article 13 hereof. I I I I I I Page -16- NWITNESS WHEREOF, the undersigned party hereto has executed this Agreement of the date indicated below. Vete Member Organization Signature Name & Title Page -17- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. RESOLUTION OF THE CITY OF SAN JACINTO TO AUTHORIZE THE AMENDMENT OF ARTICLE 19(c) OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT ("JPA") OF THE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY ("PERMA") TO INCREASE THE NOTICE REQUIRED FOR A MEMBER'S WITHDRAWAL FROM A COVERAGE PROGRAM FROM NINETY (90) DAYS TO SIX (6) MONTHS AND VESTING WITH THE EXECUTIVE COMMITTEE THE AUTHORITY TO ASSESS AN EARLY -WITHDRAWAL CHARGE TO A MEMBER THAT DOES NOT PROVIDE THE REQUIRED SIX (6) MONTH NOTICE. EFFECTIVE JULY 1, 2004 WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and WHEREAS, California Government Code Section 990.4 provides that a local public entity may self -insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and WHEREAS, Article 24 of the JPA allows the JPA to be amended at any time by a vote of two-thirds of the member organizations, acting through their governing boards; and WHEREAS, PERMA currently has 26 members, thus requiring 18 members to vote to amend the JPA to make an amendment effective; WHEREAS, the City Council of the City of San Jacinto is the Governing Board of a member of PERMA; and WHEREAS, Article 19(c) of PERMA's amended and restated Joint Powers Agreement currently states: Any member having completed three (3) years as a party to this Agreement may withdraw from its status as a member only at the end of a policy year for the program, and only if it gives the Authority at least ninety (90) days' advance written notice of such action. WHEREAS, this Governing Board desires to have Article 19(c) of PERMA's Amended and Reinstated Joint Powers Agreement amended to increase the notice required for a member's withdrawal from a coverage program from ninety (90) days to six (6) months and to vest with the Executive Committee the Page 1 of 3 authority to determine and assess at its discretion an early -withdrawal charge to a member that does not provide the required six (6) months notice, and WHEREAS, this amendment will become effective on the day that PERMA receives the eighteenth (18th) affirmative member vote to make this amendment to the JPA. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, California, as follows: Section 1) Amend Article 19(c) of PERMA's JPA to state as follows: Any member having completed three (3) years as a party to this Agreement may withdraw from its status as a participant in a program only at the end of a policy year for the program, and only if it gives the Authority at least six (6) months advance written notice of such action. The Authority may assess an early - withdrawal charge for any such member that withdraws from a program without providing six (6) months advance written notice. The early -withdrawal charge is to be determined in the discretion of the Executive Committee based upon all costs and damages resulting to the Authority because of the member's withdrawal on short notice. The early -withdrawal charge shall not exceed the withdrawing member's annual premium for the program from which it is withdrawing. Section 2) the City Council of the City of San Jacinto, California, authorizes and directs the Finance Director, as the PERMA Board Member, to execute an amended and restated JPA incorporating the amendments set forth above. APPROVED AND ADOPTED this 18th day of December, 2003, by the following vote: Ayes: Nays: Abstain: Absent: City of San Jacinto By Jim Ayres, Mayor Page 2 of 3 ATTEST Dorothy L. Chouinard, City Clerk Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. RESOLUTION OF THE CITY OF SAN JACINTO TO AUTHORIZE THE AMENDMENT OF ARTICLES 8(d), 10, 11 AND 22 OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT ("JPA") OF THE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY ("PERMA") TO CONFORM THE JPA TO THE BYLAWS AND CURRENT PRACTICE. EFFECTIVE December 18, 2003 WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and WHEREAS, California Government Code Section 990.4 provides that a local public entity may self -insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and WHEREAS, Article 24 of the JPA allows the JPA to be amended at any time by a vote of two-thirds of the member organizations, acting through their governing boards; and WHEREAS, PERMA currently has 26 members, thus requiring 18 members to vote to amend the JPA to make an amendment effective; WHEREAS, the City Council of the City of San Jacinto is the Governing Board of a member of PERMA; and WHEREAS, this Governing Board is desirous of amending Articles 8(d), 10, 11 and 22 of the JPA to conform to the existing bylaws and practice; and WHEREAS, Article 8 describes the powers and functions of the Board of Directors, including Article 8(d), which states that "The Board shall elect the officers of the Authority;" and WHEREAS, Article 10 currently states: ARTICLE 10 OFFICERS The Board of Directors shall annually elect from its membership a President and Vice President of the Board at its regular annual meeting to service for one-year terms. Page 1 of 4 The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board and chair the Executive Committee. Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law. WHEREAS, Article 11 of the JPA currently states: ARTICLE 11 EXECUTIVE COMMITTEE The Board of Directors may establish an Executive Committee of the Board which shall consist of five persons; the President and Vice President of the Board and three directors elected by the Board from its membership. The terms of office of the three non -officer members shall be as provided for in the Bylaws of the Authority. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising such powers as are delegated to it by the Board, under the direction of the Board. WHEREAS, Article 22 of the JPA currently states: ARTICLE 22 BYLAWS AND PROCEDURES MANUAL As soon as practicable after the effective date of this Agreement, the Bylaws will be amended to reflect this new Amended and Restated Joint Powers Agreement. The Bylaws and Procedures Manual will govern the day-to-day operations of the Authority. Upon adoption by the Board, such documents shall be delivered by the Authority to each Member Organization. WHEREAS, these amendments will become effective on the day that PERMA receives the eighteenth (18th) affirmative member vote to make these amendments to the JPA. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, California, votes to amend Articles 8(d), 10, 11 and 22 of the JPA to state as follows: Page 2 of 4 Section 1) ARTICLE 8(d): The Board, eitherdirectly or through the Executive Committee, shall elect the officers of the Authority. Section 2) ARTICLE 10: ARTICLE 10 OFFICERS The Board of Directors, either directly or through the Executive Committee, shall annually elect from its membership a President and Vice President of the Board at its regular annual meeting to service for one-year terms. The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board and chair the Executive Committee. Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law. Section 3) ARTICLE 11: ARTICLE 11 EXECUTIVE COMMITTEE The Board of Directors may establish an Executive Committee of the Board which shall consist of seven persons: the President and Vice President of the board, and five directors elected by the Board from its membership. The terms of office of the seven members shall be as provided for in the Bylaws of the Authority. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising such powers as are delegated to it by the Board, under the direction of the Board. Page 3 of 4 Section 4) ARTICLE 22: ARTICLE 22 BYLAWS As soon as practical after the effective date of this Agreement, the Bylaws will be amended to reflect this new Amended and Restated Joint Powers Agreement. The Bylaws will govern the day-to-day operations of the Authority. Upon adoption by the board, the Bylaws shall be delivered by the Authority to each Member Organization. Section 5) the City Council of the City of San Jacinto, California, authorizes and directs the Finance Director, as the PERMA Board Member, to execute an amended and restated JPA incorporating the amendments set forth above. APPROVED AND ADOPTED this 18th day of December, 2003, by the following vote: Ayes: Nays: Abstain: Absent: ATTEST: Dorothy L. Chou nerd, City Clerk City of San Jacinto By Jim Ayres, Mayor Page 4 of 4 AGENDA ITEM S. /. December 18, 2003 TO: The Honorable Mayor and City Council FROM. Peter Cosentini, City Manager Tim Hults, Community Development Director' SUBJECT: Selection of a Consultant to Prepare a Public Facilities - Services Analysis and Development Impact Fee Study RECOMMENDATION: Staff recommends that the City Council approve the selection of David Taussig Associates, Inc. to prepare a Public Facilities Services Analysis and Development Impact Fee Study. BACKGROUND: The City contracted with Rosenow Spevacek Group, Inc. (RSG) to prepare and circulate a Request For Proposal (RFP) for Public Facilities- Service Analysis and Development Impact Fee Study. The RFP was circulated and proposals were due on November 17, 2003. Public Facilities - Service Analysis and Development Impact Fee Study The Public Facilities — Service Analysis and Development Impact Fee Study will involve an intensive analysis of the City's existing and future public facilities and service needs in relation to existing and future development. Objectives of the study are to develop a report that identifies new public facilities and services caused by new development and to mitigate the impacts of new development, in part by developing an appropriate fee program. The identified fee program and associated fee allocation formula must be prepared pursuant to the Mitigation Fee Act (California Government Code Sections 66000 et seq., also known as "AB 1600"). The Study shall address, but not be limited too, the impacts of growth on the following public facilities and services: ▪ Arterial and Collector Roadways ▪ Street and Parkway Maintenance Pavement Management • Police Facilities and Operations Impacts ▪ Fire Suppression and Emergency Service Facilities,; Operating Impacts and Response Times City Buildings and the City's Corporate Yard ▪ Park Development and Park Maintenance The Study will serve as the basis for updating the following development related documents: Capital Improvement Program (CIP) ▪ The Development Impact Fee Program The New Development Cost Allocation Formula Request For Proposal An RFP was circulated and two (2) proposals were received by the following companies: David Taussig & Associates, Inc. MuniFinancial $31,430 $43,050 RSG reviewed the proposals based upon the responsiveness to the Request for Proposals, the qualifications of the firms, experience and past performance, feasibility of the proposal, the clarity of the proposals, as well as cost. A copy of the RFP is included in Attachment A. The David Taussig & Associates, Inc. Proposal is included as Attachment B. Both firms are well qualified and have experience completing similar studies. David Taussig & Associates, Inc. is recommended by RSG to prepare the Study. The firm has recent experience preparing similar studies and provides a broad scope of services. They have also recently completed work for the City relating to service and fee impacts for police, fire and roads, which may be helpful in completing the research and analysis for the Study. In evaluating consulting services, cities are not required to select the lowest bid. Of the proposals received however, the David Taussig & Associates Proposal was the lowest cost, in the amount of $31,430. 2 JUSTIFICATION: Funding for the Study was included in the FY 2003/2004 Budget. The City has not completed a comprehensive review of facilities and development fees in several years. The new Study will determine the future level of facility and . . service needs, as well as, the development fees to be collected. The Study will also provide the City needed data to be in compliance with the Mitigation Fee Act (California Government Code Sections 66000 et seq., also known as "AB 1600"). BUDGETARY IMPACT: The FY 2003/2004 Budget included $50,000 for the preparation of the Public Facilities — Services Analysis and Development Impact Fee Study. ALTERNATIVES: Approve the selection of David Taussig & Associates to prepare a Public Facilities -Services Analysis and Development Impact Fee Study. Staff recommends this option. The completion of the Study is needed to determine both facilities and service needs, development fees, and compliance with the Mitigation Fee Act (California Government Code Sections 66000 et seq., also known as "AB 1600"). Not Approve the selection of David Taussig & Associates to prepare a Public Facilities -Services Analysis and Development Impact Fee Study. Staff does not recommend this option. The information to be compiled in the Study is currently not available and is needed to determine future needs. In addition, the City needs to provide various reports and comply with the Mitigation Fee Act (California Government Code Sections 66000 et seq., also known as "AB 1600"). ATTACHMENTS: ATTACHMENT A ATTACHMENT B Request for Proposals Proposal from David Taussig & Associates, Inc. 3 ATTACHMENT A City Of San Jacinto REQUEST FOR PROPOSALS Public Facilities -Services Analysis and Development Impact Fee Study City Council Mayor: Vice Mayor: Council Member: Council Member: Council Member: City Manager: Community Development Director: Tim Hults Jim Ayres Chris Carlson-Buydos Jim Conner Dale Stubblefield Ken Shaw Peter Cosentini i The City of San Jacinto ("City") is circulating this Request for Proposals ("REP") pertaining to the preparation of a Public Facilities -Services Analysis and Development Impact Fee Study ("Study").The Study will involve an intensive analysis of the City's existing and future public facilities and service needs in relation to existing and future development. The Study will serve as the basis for updating the: (i) City's existing Capital Improvement Program (TIP"); (ii) City's Development Impact Fee Program ("Fee Program"); and (iii) the City's New Development Cost Allocation Formula ("Formula") The City is seeking proposals that will clearly create an analysis that defines both the capital and public service delivery costs of new development. In addition, the City is seeking the creation of a Fee Program that will support municipal services without overly burdening private property owners, developers, business operators and new residents. The City envisions that an updated Fee Program will enhance service delivery that encourages development opportunities. The proposals should focus on identifying the process that will be employed in the development of the Study including all necessary supporting documentation. The Study shall be developed in accordance with the Mitigation Fee Act (California Government Code sections 66000, et seq., also known as AB 1600). Six (6) copies of the proposal must Harding - Director, Rosenow Spevacek Main Street, Suite 300, Santa Ana, CA, 17, 2003. be submitted to the attention of Steve Group, San Jacinto Fee Study, 217 North 92701, no later than 4:00 p.m., November Please address all questions to: Mr. Mike Garcia — Associate, Rosenow Spevacek Group (714) 541-4585 ext. 2346 Mr. Steve Harding — Director, Rosenow Spevacek Group (714) 541-4585 ext. 2343 or Mr. Tim Hults, San Jacinto Community Development Director (909) 487-7330. The City reserves the right to: accept or reject any or all proposals in their entirety or in part; enter into negotiations with more than one consultant; and consider proposals from adjacent property owners. 1 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto BACKGROUND The City of San Jacinto is situated 80 miles east of Los Angeles and 90 miles north of San Diego in the heart of the San Jacinto Valley. The City enjoys excellent accessibility, from State highways 74 and 79, to the Inland Empire and major employment centers in the region. The City is always bright and comfortable with an average of 342 days of sunshine every year and an average annual temperature is 80.2°. The City of San Jacinto was founded on April 9, 1888 and tourism and day visits to the Valley developed early in the 1900s because of natural hot springs in Gillman Hot Springs and Soboba Hot Springs. The City is located within Riverside County in a portion of the Inland Empire that is anticipated to experience significant development within the first few decades of the 21st century. Affordable housing and favorable industrial and commercial land prices make the City appealing to developers. The City is experiencing unprecedented growth as evidenced by current sub -division requests containing more than 8,000 single-family detached units. With this influx, the City understands that it needs to focus on balancing growth with its ability to provide public facilities and public services. The goal is to create distinct neighborhoods and business corridors that are linked by green belts, multi -use trails and public parks. The City's pro -growth philosophy is important to encourage business development, employment opportunities, and population growth, which should assist the City in serving as an ideal location for business and industry. Population has grown 62% since 1990. Population expected to reach 45,000 by 2010. Current Population: 26,125 Median Age: 33.6 Average Household Size: 2.48 2 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto CONTENTS OF PROPOSALS All responses to the RFP must be typewritten, complete and include the following:' Scope of Services 1. The methodology or approach to be utilized for this assignment. 2 The specific professional services to be provided to the City to accomplish this assignment. The role of any sub -consultants should be clearly explained. 3 Respondents may expand upon the enclosed Scope of Services to suggest a more complete and thorough analysis. Capability and Experience 1. A list of at least three (3), but no more than six (6) of the most recent Studies for which the Proposer has provided similar services. Specifically, those Studies which involved an analysis of the nexus between new development and the need for new/expanded City facilities and/or services. This list shall include: a. The name, contact person, address, and phone number for the services performed; and b. A description of the service performed, and date of performance. 2. A list of the Proposer's principals, employees, agents, and sub consultants assigned to this Study. This list shall include: a. A summary of the qualifications, licenses, and experience of each individual; and b. The approximate number of hours each will devote to the Study. Schedule of Services and Estimate of Budget 1. The major components, estimated budget by major component or phase, and the expected time frame for completing each component. 2. A total proposed "Not -to -Exceed" cost of the services. 3. Fee Schedule describing all charges and hourly rates for services. Conflict of Interest Statement: A statement which discloses any past, ongoing or potential conflicts of interest, which the CONSULTANT may have as a result of performing the work for this Study. 3 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto SUBMITTAL REQUIREMENTS Six (6) copies of the proposal must be received no later than 4:00 p.m. on November 17, 2003. All proposals must be complete and contain all items listed herewith. Incomplete proposals may be rejected. Proposals should be submitted to: Mr. Steve Harding - Director Rosenow Spevacek Group, Inc. San Jacinto Fee Study 217 North Main Street, Suite 300 Santa Ana, CA 92701 REVIEW OF PROPOSALS This review period will last at least thirty (30) days. The City shall review/evaluate all proposals based upon the following: 1. Responsiveness to the Request for Proposals; 2. The professional qualifications of the Proposer; (The City may investigate the qualifications of all Proposers, and may request clarifications of proposals directly from one or more Proposers.) 3. The experience and past performance of the Proposer, its agents, employees, and sub consultants in completing Studies of a similar type, size, and complexity; 4. The City may consider Proposer's timely and accurate completion of similar Studies within budget; 5. The feasibility of the proposal based upon the performance, cost schedules, and the methodology to be used by the Proposer; and 6. The Proposer's understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this Request for Proposals. The selected consultant will be responsible for analyzing possibilities for future development by meeting with City staff, contacting real estate brokers, interviewing and conferring with regional economic development agencies, and working with other entities as necessary. A key to the study of the development impact fees will be to anticipate the development needs of City and design the fee structure and development impact fee schedule accordingly. 4 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto DEVELOPMENT IMPACT FEE UPDATE STUDY and AB1600 ANALYSIS The Scope of Services outlined in this RFP represents an outline of the services that the City anticipates the selected consultant will perform. However, it should be noted that this Scope of Services is only presented to allow the City to compare submitted proposals. The ultimate scope of services for the Study will be incorporated into the Contract for Professional Services and will be negotiated between the City and the selected consultant. Prospective consultants may suggest changes to the Scope of Services outlined in this RFP (as a part of the proposal) as long as the suggested changes accomplish the Scope of Services. STUDY OBJECTIVES The Study Objectives are to develop a report that identifies new public facilities and services caused by new development. In addition, the Study is to mitigate the impacts of new development in part by developing the appropriate Fee Program. The identified Fee Program and associated Fee Allocation Formula shall be pursuant to the Mitigation Fee Act (California Government Code Sections 66000 et seq., also known as "AB 1600"). The Study shall address, but not be limited too, the impacts of growth on the following public facilities and services: Arterial and Collector Roadways Street and Parkway Maintenance Pavement Management Police Facilities and Operational Impacts Fire Suppression and Emergency Service Facilities, Operating Impacts and Response Times City Buildings and the City's Corporate Yard Park Development and Park Maintenance Upon award of contract, the City will provide background information to the selected consultant that will serve as baseline data for the Study. Information provided will include, but is not limited to: population projections, land use designations, land area data, construction data and other special fees already in place. This baseline data will provide basic assumptions such as the amount of existing development in the City, the amount of new development anticipated, and the demand the new development will create for new and expanded facilities and municipal services. 5 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto Pursuant to Government Code sections , 66006 (AB 1600), the City must annually prepare a report that contains the following:` A brief description of the type of fee in the fund. The amount of the fee. The beginning and ending balance for the fiscal year The amount of fees collected and interest earned. An identification of each public improvement on which fees were expended and the amount of the expenditure on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. • An identification of an approximate date by which the construction of a public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. • A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the loaned funds will be expended, and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. • The amount of any refunds made due to inability to expend fees within the required time frame. Any new development fees recommended in the report prepared for the Study must provide responses to the requirements of AB 1600. 6 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto SCOPE OF SERVICES In preparing the study of the development impact fees and potential development impact fees, the selected consultant must be able to address each of the items identified above and prepare a report that accomplishes the following: 1. Identifies/explains existing City standards (including reference to the General Plan, existing Master'Plans, and interviews with City Staff) regarding the acceptable level of service for specific facilities. Describes assumptions regarding the existing levels of service in the City (compared to identified City standards), including a description of the existing facilities and the existing number of equivalent development units (EDUs)/residents served. 3. Identifies the assumptions for specific facilities to be constructed and the number of EDUs to be served in order to determine the level of service necessary. 4. Describes the assumptions for the type of new development planned for the City, and the impact new development would have upon the City' ability to provide public service as well as public facilities. This should include analysis of any varying impacts caused by residential development versus commercial and industrial development. 5. Describes whether new development in the City will require additional City facilities and/or services, identifies the standards used to determine that additional facilities would be required, and describes the actual additional facilities required. 6. Describes the impact on levels of service for the new development in the City after the required additional facilities are constructed. 7. Describes how the new development in the City would benefit from the additional facilities. 8. Prepares the estimated cost of providing the additional facilities (pursuant to Government Code Section 66005(a)). 9. Describes the basis for allocating the cost of providing the additional facilities to each EDU in the CITY. 10. Identifies the purpose of newly proposed fees or fee adjustments. 11. Identifies how each newly proposed fee would be used. 12. Discusses the relationship between the fee's use and the type of development project on which the fee would be imposed. 13. Describes the relationship between the need for any additional facilities and the type of development on which the fee would be imposed. 14. Describes the relationship between the amount of the proposed fee or proposed fee adjustments and the cost of the facilities (or portion of the facility) attributable to new development. 7 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto MEETINGS AND DELIVERABLES The selected consultant shall attend a minimum of two (2) meetings with the City's review team. The selected consultant shall also attend the appropriate number of City Council meetings needed to approve the Study. After obtaining all required information from City Staff, the selected consultant shall prepare a First Draft Report for the Study that identifies all findings required by AB 1600, and includes a description of all new City facilities required by the City. City Staff and the development community may review this First Draft Report. Upon approval by the City, the consultant shall prepare the Final Draft Study, including the Fee Program and Fee Formula, for City Council consideration. CONSULTANT SELECTION PROCESS Predicated on the comprehensiveness and responsiveness of the proposals, those consultants considered most qualified for this assignment shall be invited to participate in the consultant interview process. Based upon the content of the proposal, past experience, professional fee/cost, time to complete and the results of the interview process a consultant will be recommended for consideration by the City Council. NOTE: The Selected consultant may be required to submit a copy of the following insurance certificates: 1. Automobile Insurance: Minimum coverage of the following: a. One Hundred Thousand Dollars ($100,000) for property damage; b. Five Hundred Thousand Dollars ($500,000) for injury to one person/any one occurrence; and c. One Million Dollars ($1,000,000) for injury to more than one person/any one occurrence. 2. Worker's Compensation Insurance: Minimum coverage of the following: a. One Million Dollars ($1,000,000) per accident and b. The Proposer agrees to waive all rights of subrogation against the City and its employees for losses arising from work performed for the Study. 3. Public Liability and Property Damage Insurance: The Proposer must maintain comprehensive general liability and property damage insurance of not less than One Million Dollars ($1,000,000) and insure the City and its employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from negligent operations during 8 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto this Study, whether the negligence is the fault of the Proposer or anyone directly or indirectly employed by the Proposer. 4. Errors and Omissions Insurance: The Proposer must maintain a policy that . . . indemnifies against errors and omissions or malpractice by the Proposer in the amount of Five Hundred Thousand Dollars ($500,000) per claim and a deductible provision of not more than Fifty Thousand Dollars and One Million Dollars ($1,000,000) in aggregate. Any and all questions regarding this RFP should be directed to Mr. Mike Garcia — Associate, Rosenow Spevacek Group at (714) 541-4585 ext. 2346, Mr. Steve Harding -- Director, Rosenow Spevacek Group at (714) 541-4585 ext. 2343 or Tim Hults, San Jacinto Community Development Director at (909) 654-7337. 9 Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto ATTACHMENT B PROPOSAL TO PREPARE A PUBLIC FACILITIES -SERVICES ANALYSIS AND DEVELOPMENT IMPACT FEE STUDY FOR THE CITY OF SAN JACINTO November 17, 2003 Newport Beach Riverside San Ramon PROPOSAL TO PREPARE A PUBLIC FACILITIES -SERVICES ANALYSIS AND DEVELOPMENT IMPACT FEE STUDY CITY OF SAN JACINTO Prepared for CITY OF SAN JACINTO In care of Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 (714) 541-4585 November 17, 2003 Prepared by DAVID TAUSSIG & ASSOCIATES, INC. 3638 University Avenue, Suite 229 Riverside, CA 92501 (909) 791-3100 1 B. UNDERSTANDING OF THE PROJECT I I. SCOPE OF SERVICES 1 A. METHODOLOGY FOR FEE STUDY 1 B. PROFESSIONAL SERVICES TO BE PROVIDED TO THE CITY 4 TASK NO. I — BACKGROUND RESEARCH AND DATA COLLECTION TASK NO. 5 - DETERMINE FEE LEVELS 7 TASK NO. 6 - PREPARE DRAFT REPORT TASK NO. 7- PREPARE AND PRESENT FINAL REPORT 8 TASK NO. 8- DEVELOPMENT OF NEW/REVISIONS OF EXISTING ORDINANCES8 TASK NO. 9 — MEETINGS AND PRESENTATION 9 IL CAPABILITY AND EXPERIENCE A. FIRM INFORMATION. I)AVID TAUSSIG & ASSc,IATES, Table of Contents INTRODUCTION AND UNDERSTANDING OF THE PROJECT 1 A. INTRODUCTION 8 10 10 B. FIRM QUALIFICATIONS, EXPERIENCE AND REFERENCES 1 1 C. PROJECT TEAM 16 D. APPROXIMATE HOURS ON PROJECT PER TEAM MEMBER 19 III. SCHEDULE OF SERVICES AND ESTIMATE OF BUDGET 20 A. COST AND PROJECT SCHEDULE 20 IV. CONFLICT OF INTEREST STATEMENT 23 Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17,1003 City of San Jacinto Page i DAVID TAUSSIG &' Asa} CI_ATES, 'INC. INTRODUCTION AND UNDERSTANDING OF THE PROJECT A. INTRODUCTION David Taussig & Associates, Inc, ("DTA") is pleased to present our proposal to prepare a Public Facilities -Services Analysis and Development Impact Fee Study for the City of San Jacinto (the "City"). Our proposal contains all of the information requested in the October 17, 2003 request for proposals ("RFP") issued by Rosenow Spevacek Group, Inc. on behalf of the City and is organized as follows: 0 Scope of Services 0 Capability and Experience 0 Schedule of Services and Estimate of Budge 0 Conflict of Interest Statement B. UNDERSTANDING OF THE PROJECT Based on the RFP, it is DTA's understanding that the City wishes to develop a financing program to assure timely and sufficient funding for public infrastructure and services related to future development within the City. Based on the contents of the RFP, it appears that the City requires an updated Development Impact Fee ("DIh") Program to fund backbone infrastructure necessary to support new development in the City. The City is also concerned about its ability to fund public services required by projected new development. Summary of Consulting Services to be Provided by DTA To assist the City in dealing with these issues, DTA would undertake a series of tasks, as summarized below and discussed further in Section III. a) Coordinate with City staff and consultants and review approved facilities plans and the General Plan Update to identify needed backbone infrastructure in the Study Area, as well as to obtain information on future population, housing and employment. Also review any existing City fee programs and ordinances. b) Determine the costs of backbone infrastructure improvements necessary to serve new development in the Study Area, as well as costs related to any existing infrastructure deficiencies in that area. c) Prepare a phasing plan to assure the provision of backbone infrastructure as each portion of the Study Area is developed. d) Update the City's existing development impact fee ("DIP") program to make it more comprehensive and ensure that future residential, commercial, and industrial development in the Study Area pays its proportionate share of new backbone infrastructure costs e) Prepare (subject to legal review) a draft DIF ordinance to be utilized by the City to collect DIFs in the Study Area Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 1 DAVIDTAUSSIG A. METHODOLOGY FOR FEE STUDY Pursuant to the nexus requirement of Government Code 66000, a local agency is required to "determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed." It is impossible to accurately determine the impact a specific new residential unit'oi commercial/industrial project will have on existing facilities.` Predicting future residents' or employees' specific behavioral patterns, sewer and water needs, and health and welfare requirements is extremely difficult, and involves numerous assumptions that are subject to substantial variances. Recognizing these limitations, the Legislature drafted AB 1600 to specifically require that a "reasonable" relationship be determined, not a direct cause and effect relationship. Based on our prior experience with similar studies we anticipate calculating fees for most facilities utilizing one of the methodologies discussed below. Conceptually, both methodologies are similar in that they employ the concept of an Equivalent Dwelling Unit ("EDU") to allocate benefit among the four land use classes. EDUs are a means of quantifying different land uses in terms of their equivalence to a single family detached dwelling unit, where equivalence is measured in terms of potential infrastructure use or benefit for each type of public facility. For many of the facilities considered in this Fee Study, EDUs are calculated based on the number of residents or employees generated by each land use class. For other facilities, different measures, such as vehicle trips, stoinn water runoff coefficients, or potential hours available for recreation, more accurately represent the benefit provided to each land use class. The determination of the proposed Facilities Standard for each facility is discussed in greater detail in Sub -Section E of this Fee Study. There are many methods or ways of calculating fees, but they are all based on determining the cost of needed improvements and assigning those costs equitably to various types of development. The three main types of fee methodologies are based on a plan, capacity, or standard. 1. Plan -Based Fees The first method of assessing fees is based on a "Plan" which identifies a finite set of improvements. With this plan, improvement costs are known and can be assigned to all land uses planned in the future. Improvement costs are allocated in proportion to the amount of demand caused by each development. This method assumes the entire service capacity of the planned improvements will be absorbed by projected development. This method works well when it is difficult to measure the actual service needed by a particular development, or where capacity cannot be directly related to demand. Roads and flood control improvements are examples where "plan" based fees are often used. These fees typically take the form of a per unit assessment. However, this type of fee is limited because it is based on a specific amount and intensity of land use (i.e., if the land uses change, the future base of revenue upon which the fee is based also changes). 2. Capacity -Based Fees A second method of fee assessment is based on the "capacity" of a service or system. This kind of fee is not dependent on a particular land use plan (i.e., amount or intensity) but rather it is based on a rate or cost per unit of capacity that can be applied to any type of development, as long as the system has adequate capacity. This type of fee is useful when Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 1 DAVID TAUSSIG & ASSOCIATES, INC. the costs of the facility or system are unknown, however, it requiresthat the amount of capacity used by a particular development be measured or estimated. Capacity -based impact fees are assessed per unit of demand rate by dividing the cost of the facility by the facility capacity. This type of fee would most typically be assessed for water or wastewater systems. 3. Standards -Based Fees A third method of assessing fees is based on "standards where costs are based on units of demand.' This method establishes a generic unit cost for capacity, which is then applied to development per unit of demand. Parks are a good example of this type of fee structure. The state Quimby Act allows cities and counties to establish a service standard, typically three acres of parkland per thousand population, that new development must provide. This standard is not based on cost but rather on a standard of service. This method has several advantages including not needing to know the cost of a facility, how much capacity or service is provided by the current system, or having to commit to a specific size of facility. 4. Methodologies for Standards Based Fees Pursuant to the nexus requirement of Government Code 66000, a local agency is required to "determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed." It is impossible to accurately deteunine the impact a specific new residential unit or commercial/industrial project will have on existing facilities.' Predicting future residents' or employees' specific behavioral patterns and health and welfare requirements is extremely difficult, and involves numerous assumptions that are subject to substantial variances. Recognizing these limitations, the Legislature drafted Government Code 66000 to specifically require that a "reasonable" relationship be determined, not a direct cause and effect relationship. Conceptually, both methodologies discussed in this section are similar in that they employ the concept of an Equivalent Dwelling Unit ("EDU")1 to allocate benefit among different land uses. EDUs are a means of quantifying different land uses in terms of their equivalence to a single family detached dwelling unit, where equivalence is measured in te„iis of potential infrastructure use (demand) or benefit for each type of public facility. For many of the recommended types of facilities, EDUs are calculated based on the number of residents or employees generated by each land use class. For other types of facilities, different measures, such as vehicle trips, or storm water runoff coefficients, more accurately represent the benefit provided to each land use class. Methodology l - Application of One Proposed New Facility Standard to New and Existing Development Step 1 Identify the department or agency's proposed new Facility Standard (facility unit per EDU) for new and existing development, based on recommended facility planning standards, general or specific plan requirements, actual construction costs, or dete,nuination of increased facility capacity needed to cure over -crowded conditions. I This discussion is based on EDUs, however this methodology is applicable to any service or demand unit, i.e. acreage, trips, etc. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 Page 2 City of San Jacinto DAN ID TAuSSIG & ASSUTATES, INC. Step 2 Determine the current replacement cost for a facility unit and apply this cost to the facility unit per EDU calculated in Step 1 above. This calculation willresult in a total cost per EDU. Step 3 Calculate the Fee per land use class of new development by multiplying the cost per EDU by the number of EDUs of new development for each type of land use class. Step 4 Apply the required facility unit per EDU from Step 1 to some or all existing developed land uses to determine the facilities required to serve the existing population and employees. Subtract the current amount of facilities in these areas to determine the existing deficit of facility units. Step 5 Apply the cost per facility unit from Step 2 to the facility unit deficit from Step 4 to calculate the amount required to cure the existing deficit. Step 6 To assist in facility planning, estimate the amount of fee revenues anticipated in future years, based on residential and commercial growth projections multiplied by fees calculated pursuant to Step 3. Methodology 2 - Applic Development on of Different Facility Standards to New & Existing Step I Identify the department's or agency's proposed new Facility Standard (facility unit per EDU) for new development, based on recommended facility plarming standards, general or specific plan requirements, actual construction costs, or determination of increased facility capacity needed to cure over -crowded conditions. Step 2 Determine a different Facility Standard for existing development, based on similar criteria to those listed under Step 1. In some cases, this maybe the existing standard. Step 3 Determine the current replacement cost for a facility unit and apply this cost to the facility unit per EDU for new development and existing development calculated in Steps I and 2 above. These calculations will result in total costs per EDU for new development and existing development. Step 4 Calculate the Fee per land use class of new development by multiplying the costs per new development EDU by the number of EDUs for each type of land use class. Step 5 For the Facility Standards which are to be applied to existing development, apply the required facility unit per EDU from Step 2 to some or all existing developed land uses to determine the facilities required to serve the existing population and employees. Subtract the current amount of facilities in these areas to determine the existing deficit of facility units, if any. Step 6 Apply the cost per facility unit from Step 2 to the facility unit deficit from Step 5 to calculate the amount required to cure the existing deficit. A major advantage of using the methodologies outlined above is that none of these approaches relies on projections of future development and employment. Facility impacts Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 3 DAVID TAUSSIG &'ASSOCIATES, INC. are assumed to be the same for each category of land use class, regardless of the actual level of growth in future years. If less growth occurs, presumably fewer facilities would be required, and less Fee revenues would be generated. Alternatively, if more growth occurs, the additional Fee revenues can be used to mitigate the additional impacts on facilities. This approach is consistent with the fourth step in deteriuining a nexus pursuant'to' Government Code 66000, which requires that the local agency "determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed (emphasis added)." The relationship between the need for a facility and a type of development (i.e., single family detached homes) should be substantially the same regardless of the amount of development taking place in the area, and the relationship should not vary for projects of the same "type. B. PROFESSIONAL SERVICES TO BE PROVIDED TO THE CITY This section of our proposal presents the Scope of Work for the tasks to be completed by DTA DTA understands that the final product will be a written report recommending appropriate fee justification methodologies and fee levels, which will include a mechanism to allow for annual updates of the fee program. DTA would provide professional and technical assistance to the City in preparing a comprehensive review of required impact fee levels, which would be documented in awritten report prepared pursuant to California Government Code 66000 (AB 1600). DTA's final report would present a fee methodology, which satisfies the "rational nexus" tests used by the courts to determine the legality of development exactions. DTA personnel have extensive experience in the fields of public finance, land planning and civil engineering, and have prepared numerous studies to determine the type, number, and level of fees. Our finn's experience ranges from city and county AB 1600 fee studies to school fee justification analyses. Having been subjected to legal as well as developer scrutiny, DTA has developed a streamlined approach and methodology, which establishes a rational and substantial nexus between new development and the need for public facilities. DTA's Scope of Work for the City's Fee Study has been designed to provide a high level of support to the City and provide and addresses all of the services identified on page 14 of the RFP. TASK NO. 1 — BACKGROUND RESEARCH AND DATA COLLECTION (Corresponds to Item 1 in the Scope of Services contained on page 7 of the RFP) This task entails reviewing the City's existing fee ordinance(s), General Plan, development agreements, specific plans, and any master plans of facilities to collect relevant data needed to develop, calculate, and justify a mitigation fee. The data collected under this task will ultimately be used to determine facility and capital needs. WORK PRODUCT: Memorandum summarizing existing fee program, identification of property in development agreements and not subject to changes in impact fees Proposal for a Puhlic Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 4 DAVID TAL SSIG & ASSOCIATES, INC. TASK NO. 2 - IDENTIFY POPULATION, DWELLING UNIT AND EMPLOYMENT PROJECTIONS (Corresponds to Item 4 in the Scope of Services contained on page 7 of the RFP) This task entails identification of future, population, dwelling unit, and employment projections that will be used in the fee study for the City. DTA will use the population projections for the City contained in the General Plan. If the General Plan does not providesufficient information with respect to population per household or future number of employees, DTA will use U. S. Census or State Department of Finance data. WORK PRODUCT: Memorandum summarizing population, employment, and dwelling un projections TASK NO. 3 - IDENTIFY EXISTING FACILITIES AND FUTURE FACILITY/CAPITAL NEEDS (Corresponds to Items 1, 2, 3, 4, 5, 8 in the Scope of Sen ice contained on page 7 of the RFP) This task entails identification of the facility and capital needs required to serve the future development in the City projected in Task 2. DTA will use facility data from the documents reviewed in Task 1, and other relevant reports and/or master plans provided by the City as base documents and focus our effort on updating this information. As necessary, DTA will make assumptions regarding facility standards using state, national, or other local jurisdiction's standards in the event City specific information is not available to identify appropriate facility needs. The following types of public facilities and services will be included in the analysis: 0 Arterial and collector roadways, 0 Street and parkway maintenance, 0 Pavement maintenance, 0 Police facilities and operational impacts 0 Fire suppression and emergency service facilities, operating impacts and response times 0 City buildings and the City's corporate yard 0 Park development and park maintenance In order for any fee program to be comprehensive in its scope, it is necessary to complete a thorough identification of all the facilities, which will be impacted by additional growth. This task will require coordination with several different City departments. Also note that fee levied under Government Code 6600 may not be used for operation and maintenance. Subtask 3.1 - Inventory Eligible Public Facilities. DTA will work closely with City staff and the TAC to identify the public facilities eligible for inclusion in an impact fee program. DTA will review the data sources discussed in Task I and the Western Riverside County TUMF program to determine eligibility of proposed facilities. Subtask 3.2 - Survey/Interview City Staff DTA shall survey/interview City staff, County Sheriff, and Riverside County Department of Forestry staff to ascertain existing and projected facilities in the City, along with major equipment needs, the timing at which improvements will be needed and any physical data that would assist in developing the costs estimated below in Subtask 3.3. Based upon the results of the surveys, interviews, and document review, DTA will verify and, if appropriate, expand the list of new facilities to be included within the fee program for the City. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 5 DAVID TAUSSIG & ASwCIATES, INC. Subtask 3.3- Identify Facility Standards Based on data collected and work completed under Task Nos. 1 and 2, DTA will identify appropriate facility standards for new development to determine facility needs as necessary. Whenever City specific infatuation is not readily available to derive appropriate facility standards, DTA will make assumptions regarding facility standards utilizing data from neighboring jurisdictions, or regional/state/national averages. Facility standards will be defined as a number of miles, square feet, acres, etc. (as applicable for each type of facility) required per Equivalent Dwelling Unit. Subtask 3.4-Prepare/Review Cost Estimates and Existing Fee Revenues DTA will prepare general cost estimates for the public facilities identified in Subtasks through 3.3. In order to prepare the cost estimates, DTA's staff will: 0 Consult with City department heads and/or engineering staff or equivalent to ascertain and understand in-house cost data for existing and projected facilities and equipment. 0 Review and/or refine existing cost data. 0 As necessary, apply appropriate inflation and cost of liv public facilities to determine future costs. 0 Examine major sources of revenue to fund construction of escalators to the list ofprojected ew public facili If no cost data is available, DTA's engineers will provide our opinion(s) of costs for proposed facilities based on industry -wide standards and assumptions. This task does not involve preparation of conceptual plans or master plans, design of facilities, or preparation of detailed cost estimates or calculations. Subtask 3.5 — Identify Sources of Offsetting Revenue For the fee study, offsetting revenue is limited to committed sources of revenue, which maybe applied towards the construction of facilities on the Needs List. Specific sources of offsetting revenue may include monies from the existing fee program to fund construction of the proposed public facilities identified in Subtask 3.4. Subtask 3.6 — Identification of TUMF Facilities DTA will review the City's current fee program to identify and remove those facilities that are part of the TUMF program. Subtask 3.7 — Prepare Draft Needs List Based on the information collected in Subtasks 3.1 to 3.6, DTA shall prepare a draft list of public facilities and equipment needed to serve new development for TAC and stakeholder review and consideration. Subtask 3.8 —Draft Needs List DTA will submit a copy of the draft Needs List to City Staff and Council for review and consideration. The review of the Needs List is important, as this list is the foundation upon which the new fee program will be based. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto November 17, 2003 Page 6 DAVID TAUSSIG & ASSOCIATES, INC. Subtask 3.9 - Preparation of Final Needs List Based on the review completed in Subtask 3.8, DTA will prepare the final Needs List and present it to the City Council for approval. WORK PRODUCT: Draft and Final Needs List identifying eligible facilities including facility name, size, total construction costs, offsetting revenues, and net construction costs to be used in the fee calculation model TASK NO.4 - DEVELOP METHODOLOGY FOR CALCULATING W AMOUNTS (Corresponds to Items 3, 9, 10, 11, 12, 13, and 14 in the Scope of Services contained on page 7 of the RFP) This task entails developing the methodology used to establish the fee amount for each fee component. There are two critical issues that must be considered in developing a fee program. The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirements of AB 1600. Since fees of any sort are controversial, it is critical that any fee established be defensible. NE FEE DTA's fee study methodology will meet the nexus or benefit requirements of AB 1600, which requires that there be a nexus between fees imposed, the use of the fees, and the development projects on which the fees are imposed. Furthermore, DTA will document and establish a relationship between the amount of the fee and the cost of the facilities. In order to impose a fee as a condition for a development project, the methodology must accomplish the following: 0 Identify the purpose of the fee. 0 Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities must be identified. 0 Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. 0 Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is being imposed. Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve public facilities beyond what is required based on the specific impacts of new development. The benefit methodology established in this subtask will be documented in the Final Report. WORK PRODUCT: Documentation of the selected fee methodology for the final report TASK NO. 5 - DETERMINE FEE LEVELS (Corresponds to Items 3 and 8 in the Scope of Services contained on page 7 of the RFP) This activity involves calculating fee amounts for residential, commercial, and industrial properties. It entails developing a fee calculation model using a spreadsheet format to facilitate updates as needed throughout the life of the fee program and calculating the fee amounts based upon the expected residential, commercial, and industrial development projected in Task Nos. 1 and 2, the Needs List developed in Task No. 3, and the methodology selected in Task No. 4. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 7 DAVID TAUSSIG &`ASSOCIATES. INC. Subtask 5.1 — Calculate Recommended Fee Amounts DTA will calculate the fees for the City by inputting the data compiled under the preceding tasks into the fee calculation model, and computing the amount of fee by land use type (i.e. residential, commercial, and industrial) to be levied. Subtask 5.2 Document Fee Derivation DTA will document the methodology utilized for the fee calculation model in a manner that can be understood by the City and the public. DTA shall prepare written statements documenting the validity of methodology for deriving each of the fees for the City. These statements will be made to meet the requirements of AB 1600 and will be documented in the Final Report. WORK PRODUCT: Schedule of development fees by facility category and land use type TASK NO. 6 - PREPARE DRAFT REPORT (Corresponds to Items 1 through 14 in the Scope of Services contained on page 7 of the RFP) Based on the work completed in Tasks 1 through 5, DTA will prepare the draft fee justification report for staff review. The report will be prepared pursuant to the standards of AB 1600. WORK PRODUCT: Prepa ation of draft report for review and consideration TASK NO. 7 - PREPARE AND PRESENT FINAL REPORT (Corresponds to Items I through 14 in the Scope of Services contained on page 7 of the RFP) Based on the work completed in Tasks 1 through 6, DTA will prepare the final fee justification report for consideration by the City Council. The report will be prepared pursuant to the standards of AB 1600 and is expected to include following sections: 0 Executive Summary O Population Projections 0 Facilities and Improvements List 0 Areas of Benefit (if applicable) 0 Defined Levels of Service 0 Fee Calculations 0 Recommended Fee Levels 0 Recommended Process for Keeping Fees Current DTA will make a presentation(s) to the City Council and respond to questions at the public hearing(s) on the proposed fee amounts.2 WORK PRODUCT: Final report for distribution to City Council and City staff TASK NO. S - DEVELOPMENT OF NEW/REVISIONS OF EXISTING ORDINANCES This task entails drafting new ordinances, or making revisions to existing City ordinances to implement the new fee program. DTA will draft ordinance language based on "model" ordinances, current City ordinances, and/or ordinances adopted by other public agencies. The language drafted by DTA will be transmitted to City staff for their comments prior to being reviewed by the City Attomey's Office. 2 Meetings and presentations are included in Task No. 9. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 Page 8 City of San Jacinto I I DAVID TAUSSIG & ASSOCIATES, INC. WORK PRODUCT: Draft fee ordinance for City staff and City At omey's review TASK NO. 9 — MEETINGS AND PRESENTATION This task entails attendance at a total of four meetings for the development of the Needs List, and presentation of the report findings, including a total of two meeting with the City Council and two meetings with City staff. WORK PRODUCT: Meetings with staff and City Council Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 9 DAV ID TAUSSIG & ASSOLI,ATES,'INC. II. CAPABILITY AND EXPERIENCE A. FIRM INFORMATION. DAVID TAUSSIG & ASSOCIATES, INC. ("DTA") is a public finance and urban economics consulting firm specializing in infrastructure and public services finance. Based in Newport Beach, Riverside, and San Ramon, California, DTA acts as consultant to both public and private sector clients involved in land development. DTA's consulting services include: 0 Development Impact Fee Justification Studies 0 Public Financing Plans and Strategies 0 Fiscal and Economic Impact Analyses 0 Special Tax and Assessment Engineering 0 Redevelopment Finance 0 Economic Development and Revitalization Studies 0 Real Estate Economics DTA specializes in the preparation of financing plans and the implementation of public finance mechanisms used to fund the construction of public capital facilities and the provision of public services. Since its incorporation in 1985, DTA has been involved in the implementation of over 750 public financing programs, using mechanisms such as fee programs, Mello -Roos community facilities districts, assessment districts, revenue bonds, certificates of participation, Marks -Roos bond pools, tax increment revenues, and other local public financing options. Total authorized bonded indebtedness for these programs currently exceeds $15 billion. As the vast majority of DTA's work has involved the actual implementation of financing programs, as opposed to only the planning process, we bring a very different orientation than most firms to the preparation of financing studies. Financing plans prepared by most other firms are generally limited in scope and largely descriptive in nature. In contrast, DTA's financing strategies are quantitative, specific, and prepared for implementation. DTA provides detailed revenue projections from all available sources and matches feasible revenue streams with costs for all public improvements and services projected to be required in future years. The plans prepared by DTA range from the quantitative analysis of a single financing mechanism for an individual facility, to preparation of a comprehensive public financing plan, covering multiple facilities and public services through a series of financing mechanisms. We at DTA feel strongly that our financial analyses provide public officials, as well as landowners and other interested parties, with the level of information necessary to make fully informed decisions regarding land use, infrastructure, and public services financing issues. Typically DTA's public financing studies include a benefit cost analysis and determination ofnexus between the facilities financed and the financing mechanism. As further explained below, DTA has extensive experience in perfoi„iing impact fee studies that meet the requirements of California Government Code 66000 (also known as AB 1600). DTA has prepared AB 1600 Fee Justification studies and analyses involving fees for a variety ofpublic improvements, including park, recreation, library, transportation, public safety, water, wastewater, and flood control facilities. DTA also has considerable experience providing analyses of public agency recurring costs and revenues through Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 10 DAVID TAUSSIG & ASSOCIATES, INC. the preparation ofFiscal Impact Reports. While most financing studies are either general in nature or limited in scope, DTA provides detailed projections of revenues from all available sources and matches these revenues with the specific costs projected to be incurred. DTA has an enviable reputation for producing high quality work in a quick and efficient manner to correspond with even the most aggressive financing schedule. DTA's clients also receive high levels of personal attention from senior staff, with the President or a Vice President always available to meet with public agency staff and other groups. DTA has grown to a current staff of over thirty professional employees, plus clerical personnel.`Staffinembers come from backgrounds in a number of fields, including land development, public administration, civil engineenng, investment banking, economic consulting, redevelopment, construction lending and land -use planning. All of DTA's personnel have considerable experience in computer -based financial analysis and modeling, which is a key component of the firm's consulting services. B. FIRM QUALIFICATIONS, EXPERIENCE AND REFERENCES DTA is currently providing public finance consulting services to virtually every major County in Southern California, including the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego and Santa Barbara. Southern California cities to whom we have successfully provided financial consulting services include the Cities ofAdelanto, Anaheim, Beaumont, Beverly Hills, Buena Park, Cathedral City, Chino Hills, Chula Vista, Encinitas, Fillmore, Fontana, Fullerton, Glendale, Hawthorne, Ilesperia, Irvine, Irwindale, Lake Forest, Lancaster, La Quinta, Lawndale, Long Beach, Los Angeles, Murrieta, Oceanside, Ontario, Oxnard, Palmdale, Pasadena, Placentia, Rancho Cucamonga, Redlands, Rialto, Riverside, San Bernardino, San Diego, San Jacinto, San Marcos, Santa Clarita, Seal Beach, Temecula, Thousand Oaks, Torrance, Tustin and Vista, among others. DTA has also provided similar consulting services to numerous school districts and water districts in Southern California, as well as dozens of public agencies throughout Central and Northern California, including the Cities of Fresno, Live Oak, Sacramento, San Francisco and San Jose. DTA 's objective in working with these agencies has been to enable both property owners and public agencies to benefit from the use of public financing within existing development, or within a newly developing area. When developing a new program, the fit ui recognizes that each client and project is unique, with specific needs and philosophies. DTA's goal is to listen carefully to its client's concerns, to identify and understand the variables associated with each project, and to use these concerns and variables in arriving at the ideal financing solution. DTA personnel have extensive experience in the fields of public finance, land planning and civil engineering, and have prepared numerous studies to determine the type, number, and level of fees. Our firm's experience ranges from city and county AB 1600 fee studies to school fee justification analyses. Having been subjected to legal as well as developer scrutiny, DTA has developed a streamlined approach and methodology, which establishes a rational and substantial nexus between new development and the need for public facilities. Experience with City of San Jacinto DTA is uniquely qualified to complete the fee study analysis for the City of San Jacinto having recently completed a fiscal impact analysis in connection with the fo, illation of Community Facilities Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 11 DAVID TAUSSIG &'ASSULIATES,'INC. District No. 2 003-1, which provides for police and fire protection and Assessment District No. 2003 1, which provides for street maintenance including street maintenance and pavement management. Recent Fee Study Projects Recent examples of DTA's previous fee study work for jurisdictions involving large-scale' development are the following: County of Riverside Development Impact Fee Program DTA completed the first comprehensive review of the County of Riverside's existing development mitigation fees (which were adopted in 1988), and has established new fees, which are being imposed throughout all of unincorporated Riverside County. The goals of the program were to update the County's fees to reflect current infrastructure costs and the new County General Plan, and to consolidate existing fee programs that are under various ordinances. DTA developed a new fee structure, which allocated costs to more than 21 separate community planning areas, with ultimate infrastructure costs exceeding S1 billion upon build out. DTA worked over a 24-month period with a committee of twenty-four appointees, including members of the County Board of Supervisors, County staff, representatives of the building industry association, environmentalists, and members of the community, to assure public acceptance of the new fee program. ce: Greg Neal Administrative Manager Transportation Land Management Agency 4080 Lemon Street, 7`h Floor Riverside, CA 92501 (909) 955-3266 Description of Services Provided: 0 Review of Existing Fee Structures and Ordinances. 0 Development of Recommendations for Consolidation of Existing Fee Programs. 0 Projections of future population, housing, and employment. 0 Coordination with individual County departments to identify the needed facilities and preparation of the Public Facilities Needs List. 0 Calculation of fee amounts for single-family residential, multi -family residential, commercial and industrial land uses. 0 Documentation of all work and preparation of AB 1600 Fee Study. 0 Preparation of implementing Ordinance to establish fees. 0 Preparation of Resolution setting forth administrative responsibilities to supplement Ordinance. 0 Project Management and coordination of Review Committee. Update to County of Riverside Development Impact Fee Program —DTA is currently under contract with the County of Riverside to provide on -going consulting services to update the County's development impact fee ("DIF") program. To date DTA had completed the following work associated with updating the County's fee program: 0 Calculated per acreage amounts for the TUMF for non-residential land uses in the Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 12 DAVID TAUSSIG & ASSOCIATES, INC. unincorporated areas'. 0 Calculated updated amounts for the County's Open Space Ordinance (Ordinance 810). 0 Worked with roads department staff to identify and remove transportation facilities covered by the Western Riverside County Transportation Uniform Mitigation Fee program ("TUMF") from the County's Public Facilities Needs List (the Needs List) and recalculate the roads component of the DIF. Included in this work was 'a recommendation to modify the methodology used in the original DIF for road facilities. 0 Calculate a DIF for surface mining projects. 0 On -going consulting to the Executive Office regarding D11.implementation Reference: Lisa Brandt County Executive Office 4080 Lemon Street, 4th Floor Riverside, CA 92501 (909) 955-1165 Nexus Study for the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) — DTA completed the Nexus Study for the Western Riverside Multi -Species Habitat Conservation Plan (the "Nexus Study") and the County Board of Supervisors adopted this fee in July. The Nexus Study involved the development, calculation and justification of a regional mitigation fee to be imposed on new development in the County and fourteen cities in the MSHCP Plan Area. The study was prepared pursuant to the California Government Code 66000 to finance the acquisition of approximately 53,000 acres of new habitat and program administration for the MSCHP. The Nexus Study includes an analysis of four different fee calculation methodologies. Reference: Ms. Kristi Lovelady Administrative Manager Transportation Land Management Agency 4080 Lemon Street, 7`h Floor Riverside, CA 92501 (909) 955-9514 Description of Services Provided: 0 Review documents prepared for the Riverside County Integrated Plan (e.g. Draft MSCHP, Draft EIR/EIS for the MSHP, Draft EIR/EIS for two CETAP corridors) 0 Review RCIP projections of future population, housing, and employment 0 Develop estimated acquisition costs for approximately 53,000 acres in the MSHCP Criteria Area 0 Identification of the direct, indirect, and cumulative impacts to habitat resulting from new development in the MSHCP Plan Area 0 Calculation of fee amounts for single-family residential, multi -family residential, commercial and industrial land uses using four different calculation methodologies with and without off -setting revenue 0 Documentation of all work and preparation of AB 1600 Fee Study s The County ultimately adopted the non-residential component of TUMF as a fee per square foot of non-residential development. Proposal for u Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 13 DAVID TAUSSIG & ASSOCIATES, INC. 0 Presentations to and meetings with the Western Riverside Council of Government ("WRCOG") Planning Director's Technical Advisory Committee ("TAC"), the City Manager's TAC, and the WRCOG Executive Committee 0 Presentations to several cities in Western Riverside County and the Riverside Chamber of Commerce economic Development Committee regarding the Nexus Study and proposed impact fee 0 Project Management and coordination of subconsultants City of Cathedral City — This project involved preparation of an AB 1600 Fee Justification Study and a Fiscal Impact Analysis for the City of Cathedral City. Major project objectives included a comprehensive review of existing City fee programs and ordinances, identification of needed backbone infrastructure in the North Sphere as well as costs related to any existing infrastructure deficiencies in that area, an update of the City's existing fee program, and preparation of a draft ordinance to be utilized by the City for collection of fees. References: Mr. Jerry Jack Interim Public Works Director and Traffic & Development, Division Manager City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 (760) 770-0340 Description of Services Provided: 0 Coordination with the City to identify the needed facilities. 0 Calculation of fee amounts for residential and non-residential land uses. 0 Calculation of fee schedules under consideration of various Eastern Riverside County MSHCP requirements. 0 Documentation of all work and preparation of AB 1600 Fee Study. 0 Preparation of a draft fee ordinance 0 Preparation of a Fiscal Impact Analysis. County of Santa Barbara (Orcutt Community Plan) — This assignment involved preparation of an AB 1600 Fee Justification Study (along with a Fiscal Impact Analysis and a Public Facilities Financing Plan) for the County of Santa Barbara as part of the revised Orcutt Community Plan. This Plan involved the approval of4,180 new dwelling units and 1.35 million square feet of new commercial development within an existing community of 8,250 homes. The new development was made up of a series of infill projects owned by a number of property owners, with $170 million in public improvements required for new and existing residents and businesses. Working with County staff and citizens groups, a fee and financing study was prepared and approved by the County Board of Supervisors. Implementation of this plan is commencing with a portion of the facilities to be funded from bond proceeds. DTA has completed similar studies for the Goleta area within the County. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study City of San Jacinto November 17, 2003 Page 14 DAVID TAUSSIG & ASSOCIATES, NC. Reference: Mr. Dan Gira Planning Director 123 E. AnapamuSt. Santa Barbara, California 9310 (805) 568-3560 Description of Services Provided: 0 Coordination with the County to identify the needed facilities. 0 Calculation of fee amounts for residential and non-residential land uses. 0 Documentation of all work and preparation of AB 1600 Fee Study. 0 Preparation of a Public Facilities Financing Plan. 0 Preparation of a Fiscal Impact Analysis. City of San Luis Obispo --This assignment involved a comprehensive review and update of the Water and Wastewater Impact Fee Program adopted by the City of San Luis Obispo. The objectives of the update were to review the existing fee program with respect to the areas of future annexation by identifying additional water and wastewater facilities required by new development and determining the level of fees that need to be imposed to pay the costs of these future facilities. The update mainly focused on six planning areas shown on the City's General Plan Land Use Map targeted for future annexation and considered to be the major contributor of the projected increase in water and wastewater capacity needed to accommodate future growth. The fee study has been adopted by City Council and implementation will commence shortly. References: Mr. John Moss Director of Utilities Departmen City of San Luis Obispo 879 Mono Street San Luis Obispo, CA 93401 (805) 781-7205 Description of Services Provided: 0 Revision of Water and Wastewater master plans. 0 Identification of facility needs and costs. 0 Determination of appropriate level of service. 0 Allocation of costs to existing and future development. 0 Calculation of water and wastewater fee schedules. 0 Preparation of an AB 1600 Fee Study. 0 Presentation of recommendations to City Council. City of Live Oak —DTA completed an update of an AB 1600 Fee Justification Study for the City of Live Oak. The objective of the update is to review the existing fee program on development to cover costs for the expansion of public facilities with respect to the areas of future development. DTA identified additional transportation, public safety, water, sewer, and government service facilities required by new development and determined the level of fees that need to be imposed to pay the costs of these future facilities to serve new development in the City. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 15 DAVID TAUSSIG & ASSOCIATES, INC. References: Mr. Rob Hickey City Manager City of Live Oak 9955 Live Oak Blvd. Live Oak, CA 95953 (530)695-2112 Description of Services Provided: Coordination with the City to identify the needed facilities. 0 Projections of future population, housing, and employment. 0 Calculation of fee amounts for residential and non-residential land uses. 0 Determination of appropriate level of service. 0 Documentation of all work. C. PROJECT TEAM DTA has assembled a project team with the breadth of experience needed to assist the City in the update of their development impact fee study. Our senior team members are: 0 Andrea Roess, Vice -President 0 Cheryl DeGano, Manager 0 Steven Runk, Manager, Engineering Services 0 Maik Aagaard, Associate Ms. Andrea Roess will act as Principal -in -Charge and co -Project Manager. Ms. DeGano will act as co -Project Manager with Ms. Roess. Ms. Roess and Ms. DeGano and will handle the day-to-day assignments related to this project. Mr. Runk will be the Project Engineer and will review the cost estimates for facilities to be included in the fee program to ensure they are reasonable (in the context of AB 1600). Ms DeGano and Mr. Runk and perform the benefit analysis associated with related improvements. Mr. Aagaard will assist Ms. DeGano and Mr. Runk with data research and analysis, determination of facilities standards, and day-to-day activities as needed. The following section provides brief resumes for our project team. ANDREA ROESS, Vice President, has a background in finance and public policy analysis. Since joining DTA in 1992, Ms. Roess has participated in all aspects of the formation and implementation of special finance districts to fund infrastructure and services, including over 100 land -secured financing districts. She also has expertise in the preparation of fiscal impact reports and development impact fee studies. Ms. Roess has utilized her computer skills to develop numerous state -of -the art computer models that evaluate cash flows related to funding infrastructure and public services. This ability has enabled her to develop sophisticated bond structuring concepts for Community Facilities Districts and Assessment Districts, as well as complex fiscal impact and fee impact models. She also has experience in the preparation of Rates and Methods of Apportionment for CFDs, and the development of escrow release formulas and bond pool financing structures. Ms. Roess also has experience in the preparation of public facilities financing plans, water/sewer revenue bond analyses, and school fee justification studies. In addition, Ms. Roess is the project manager in charge of the annual special tax administration for numerous Mello -Roos Community Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 1003 City of San Jacinto Page 16 DAVID TAUSSiG & ASSOCIATES, INC Facilities Districts throughout California. Prior to joining DTA,'Ms. Roess was a Financial Management Assistant for the U.S. Department of Housing & Urban Development, where she developed a comprehensive financial management manual for HUD's grantees. Ms. Roess holds an M.B.A. degree with a concentration in finance from San Francisco State University, and a B.A. in psychology/public policy analysis from Pomona College. CHERYL DEGANO, Manager, has more than 18 years of experience working on infrastructure financing issues for public and private sector clients, and is responsible for many of the infrastructure benefit related services provided by DTA. In particular, she has performed project management duties on numerous assessment districts and AB 1600 fee justification studies prepared byDTA. Ms. DeGano completed a comprehensive fee justification study for the County of Riverside, which involved considerable interaction with all County departments, as well as local cities, water districts and other impacted public agencies, the Building Industry Association, and interest groups concerned about issues as diverse as wildlife habitat, adequate library facilities, and art in public places. Ms. DeGano is currently working on the fee nexus report for the Western Riverside County MSHCP. Ms. DeGano has been special tax consultant or assessment engineer for the formation of special districts for numerous public agencies. As special tax consultant/assessment engineer, Ms. DeGano has been responsible for the preparation of boundary maps, assessment diagrams, improvement plats, rates and methods of apportionment, cost estimates, assessment spreads, preparation and distribution of public notices, and engineer's reports. Ms. DeGano also has considerable experience in all aspects of the formation and administration of districts foi used pursuant to the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Benefit Assessment Act of 1982, and the Landscaping and Lighting Act of 1972. Ms. DeGano is presently responsible for the administration of assessment districts formed by the County of Orange, in addition to districts formed by various public agencies located in the Inland Empire. Her responsibilities include coordination with public agency staff, calculation and enrollment of the annual special tax/assessment levy, preparation of the annual administration report, coordination with property owners and interested parties, preparation of disclosure documents, preparation of special studies, calculation of bond payoff amounts, and data collection and background research. Prior to joining DTA in 1994, Ms. DeGano was Principal Assessment Engineer with Albert A. Webb Associates. During her tenure at Webb Associates, Ms. DeGano gained extensive experience with and knowledge of the County of Riverside departments responsible for the enrollment and collection of tax es. As Project Manager in charge of the administration of the County of Riverside's thirteen Community Facilities Districts, Ms. DeGano was responsible for calculation and enrollment of the special taxes, development of public information documents, provision of information to the public and interested parties, representation before the County's Special Tax Appeals Board, development of protocol for tracking collection of delinquent special taxes, and calculation of prepayment amounts. Other public agencies in Riverside County for which Ms. DeGano administered land - secured districts include the Jurupa Community Services District, Riverside Unified School District, and the Cities of Riverside and Desert Hot Springs. Ms. DeGano is past Chairman and former member of the City of Perris Planning Commission, served as Vice -Chan uIan of RTA's Transportation Now Committee, and holds a B.A. degree from the University of California at Riverside. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 17 DAVID TAUSSIG & ASSUCIATES, INC. STEPHEN RUNK, P.E., Manager of Engineering Services, has more than 30 years ofexperience in the design and construction management of major civil engineering projects, including roadways, bridges, sewer and water improvements, and flood control facilities, as well as grading for public works projects and the construction of commercial and industrial buildings. Mr. Runk's specific responsibilities have included design, quality control, specifications, estimates, construction bid packages, construction coordination and construction management, cost analysis and control, scheduling, manpower forecasting, staffing and marketing. He has also assisted public agencies and developers in the procurement of funding from Caltrans and other federal and state agencies. Mr. Runk has a proven track record of meeting schedules and adhering to budgets. Since joining DTA last year, he has worked with local agencies to resolve community issues and to negotiate scope changes with contractors to ensure the timely and satisfactory completion of construction projects. He has also acted as project manager for the establishment of Assessment Districts and the preparation of AB 1600 Development Fee Justification Studies. Prior to joining David Taussig & Associates, Mr. Runk, as Senior Construction ManagerforHolmes & Narver, Inc., successfully completed the construction of SR-41 Freeway in Fresno County, which was the County's first Measure "C" sales tax funded freeway. Prior to this project, Mr. Runk successfully completed SR-71 Freeway in Chino/Chino Hills, Calif. This $98 million project was the first Measure "M" sales tax funded project for the San Bernardino Association of Governments. Mr. Runk's responsibilities on both of these projects included contract management, quality control, public relations, cash flow analysis, project closeout and compliance with Federal and State funding requirements. Previously, Mr. Runk held positions of responsible charge with various public and private engineering entities in which he delivered projects requiring a wide variety of engineering expertise. He holds a B.S. in Engineering from the University of California at Los Angeles and a M.S. in Civil Engineering from California State University at Long Beach. Mr. Runk is a registered Civil Engineer in the States of California and Washington. MAIK AACAARD, Associate, has a background in econometric analysis and market research. Since joining DTA in 2002, Mr. Aagaard has assisted in the preparation of fee justification studies and fiscal impact studies and administered community facilities districts. His work during the fee justification process included fee model development, report writing, and data collection. Mr. Aagaard's special district administration work has included database management, bond fund analysis, levy calculations, and the preparation of disclosure documents. Prior to joining DTA, Mr. Aagaard worked for MuniFinancial, Inc., where he performed special district administration work for various public agencies located within Riverside and San Bernardino Counties, In addition, he also worked for the world's leading chemical company BASF AG as Market Research Analyst. hi this capacity, he perfoinned market analysis of world chemical markets using qualitative and quantitative methods in the research process. Mr. Aagaard received his Bachelor of Arts degree in Economics from the California State University at Hayward following the completion of related coursework at the University of Wales, Great Britain, and the Christian-Albrechts University at Kiel, Germany. He was a Research Assistant for 1 year with the Department of Business Administration at Christian-Albrechts University at Kiel, Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 18 DAVID TAUSSIG & ASSOCIATES, INC. Germany, where he conducted statistical analysis and mark used by mechanical engineering companies. D. research of sales information systems APPROXIMATE HOURS ON PROJECT PER TEAM MEMBER Team Member Approximate Hours Andrea Roess 36 Cheryl DeGano 70 Steve Runk, P.E. 14 Maik Aagaard 80 Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 19 DAV1D TAUSSIG ASSOCIATES.' INC. III. SCHEDULE OF SERVICES AND ESTIMATE OF BUDGET A. COST AND PROJECT SCHEDULE The total fees and estimated time to complete the Scope of Services identified in Exhibit A presented in Table 1 Table .1 Cost and Project Schedule TASK MAXIMUM FEES TIME TO COMPLETE (IN WEEKS) TASK NO. 1 BACKGROUND RESEARCH AND DATA COLLECTION $2.840 2 weeks TASK NO. 2 DEVELOP POPULATION AND DWELLING UNIT PROTECTIONS $2,340 2 weeks TASK NO.3* IDENTIFY EXISTING FACILITIES AND FUTURE FACILITY/CAPITAL NEEDS $5,000 2-4 weeks TASK NO. 4 DEVELOP METHODOLOGY FOR CALCULATING NEW FEE AMOUNTS $3.150 2-3 weeks TASK NO.5 DETERMINE FEE LEVELS $3,140 2 weeks TASK NO.6* PREPARE DRAFT REPORT $4,060 2-4 weeks TASK NO. 7* PREPARE FINAL REPORT $2,180 2 weeks TASK NO. 8 DEVELOPMENT OF NEW/REVISIONS OF EXISTING ORDINANCES $2.380 1-3 weeks Subtotal Labor Fee Task Nos. I to 8 $25,090 N/A TASK NO.9 MEETINGS AND PRESENTATION (TOTAL FOUR MEETINGS. 2 DTA STAFF PRESENT AT 2 MEETINGS $3,840 N/A Total Labor Fee Task Nos. 1 to 9 $28,930 N/A * COSTS FOR ALL MEETINGS INCLUDED IN TASK NO. 9. The figure for the Task Nos. 1 to 8 represent maximum amounts not to be exceeded for professional services, subject to the limitations identified below. The total labor fee for the Fee Study Tasks, i.e. Task Nos. 1 to 8, is $25,090. The total labor fee for meetings, Task No. 9, is $3,840. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 20 DAVID TAuSSIG & ASSOCIATES, INC. In addition to the above fees for services, Client shall reimburse DTA for travel, duplication, facsimile, Courier, long-distance telephone and other out-of-pocket expenses, in the amount of $2,500. Therefore, the total fee for Tasks Nos. 1 to 9 plus out-of-pocket expenses is $28,930. Professional fees will be billed at the end of each month on a time and materials basis, according to the fee schedule in Table 2. Table 2 ourly Rates David Taussig & Associates, Year 2003 President Vice President Director Manager Sr. Associate Associate Analyst Research Assistant $180/Hour $170/Hour $160/Hour $155/Hour $135/Hour $115/Hour $100/Hour $ 75/Hour At Client's request, services in addition to those identified in the Scope of Work maybe provided if the total fee to complete the tasks selected is less than the maximum amounts listed above. Alternatively, if the selected tasks can be completed for less than the maximum amounts, only the hours actually expended will be billed. Limitations This budget covers only those tasks outlined in Exhibit A for a project period' of nine months Additional consulting services beyond those outlined in the Scope of Work ("Additional -Work") may be provided for additional fees if they cause the proposed budget maximum to be exceeded. If the project extends beyond nine months after the date of authorization to proceed as a result of DTA performing Additional Work, any consulting services to complete the project will be billed at hourly rates identified in Table 2. Detailed written responses to resolve disputes or preparation of more than one set of major revisions to the draft report will be classified as Additional Work and billed at hourly rates identified in Table 2 above. Other examples of Additional Work shall include: 0 Additional analyses based on revised assumptions requested by the City 0 Attendance at more than seven meetings 0 Additional coordination required for timely data collection 0 Actual implementation of fee programs 0 Reproduction of more than 10 copies of technical memoranda or draft or final reports. Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 21 DAVID TAUSSIG & ASSOCIATES, INC. Information To Be Provided By City DTA requests that the following info i,nation be provided by the City at no charge and in a timely, manner such that the project does not extend beyond nine month from the date of authorization to proceed: 0 City's General Plan, any specific/master plans, development agreements, and data regarding existing entitlements 0 To the extent available, detailed description of the proposed public facilities, including the facility name and number of miles, square feet, acres, etc. (as applicable for each type of facility) Inventory of completed facilities wit facility 0 Cost estimates for proposed facilities (DTA anticipates that City's cost data and estimates will be reviewed by DTA staff and discussed with City staff) 0 Existing City Fee Ordinances and/or Resolutions 0 Identification of any committed revenue sources pledged to fund proposed facilities on the Needs List hin City, including type, size, and location of Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 City of San Jacinto Page 22 0 DAVID TAUssIG & ASSOCIATES.` INC. CONFLICT OF INTEREST STATEMENT DTA has not past, ongoing or potential conflict of interest that would impact the work performed for the fee study. J:VPROPOSAL\IB 1600\san jacinto san jac Ldoc Proposal for a Public Facilities -Services Analysis and Development Impact Fee Study November 17, 2003 Page 23 City of San Jacinto AGENDA BTE -6 / TO: The Honorable Mayor and Members of the City Council FROM: Robert A. Lavin, Public Works Superintendent SUBJECT: Resolution No. authorizes grant application for Grant Funds for the Per Capita Grant Program under the California Clean Water, Clean Air,' Safe Neighborhood Parks, And Coastal Protection Act Of 2002 RECOMMENDATION: By motion approve and adopt Resolution No. / A Resolution approving to apply for grant funds for the Per Capita Grant Program Under The California Clean Water, Clean Air, Safe Neighborhood Parks, And Coastal Protection Act Of 2002. BACKGROUND: The allocations for the Per Capita Program under the 2002 Resources Bond Act have been finalized and funds included in the fiscal year 2003/2004 State budget. The City of San Jacinto will receive $220,000.00. To encumber the funds, the City needs to submit Resolution No. to the Office of Grants and Local Services. JUSTIFICATION: The grant funds available are eligible for acquisition or development and can be used for improvements and rehabilitation of existing parks, that would be considered a development project, but they must be capital improvements. BUDGETARY IMPACT: $220,000 would be available in grant funds from the Per Capita Grant Program. ATTACHMENTS: Resolution No. Page 1 of 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO._ A RESOLUTION OF THE CITY OF, SAN JACINTO, CALIFORNIA, APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 (2002 Resources Bond Act) WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation, and WHEREAS, the Applicant will enter into a Contract with the State of California; NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: 1 Approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the Public Works Superintendent as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of Project(s). Page 1 of 2 vote: Approved and Adopted on the 18"' day of December, 2003, by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy Chouinard. City Clerk City of San Jacinto by Jim Ayres, Mayor Page 2 of 2 AGENDA ITEM December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Robert Lavin, Public Works Superintendent SUBJECT: Professional Service Agreement for Water and Wastewater Master Plan Stetson Engineers RECOMMENDATION: 1)By motion approve Professional Service Agreement with Stetson Engineers, Inc. in the amount of $30,000, to prepare the City's Water and Wastewater Master Plan Updates; and 2) authorize the Mayor to execute Professional Service Agreement with Stetson Engineers, Inc. BACKGROUND: During the budget presentations, staff requested funding for the update of the City's Water and Wastewater Master Plan. Council through the budget process approved funding in the amount of $50,000 to cover this update (Project NO. 04-079). Staff proceeded to request a proposal from Stetson Engineers, Inc., who is currently under contract with the City for the Groundwater Management Plan and for the design of the new City's Water Well on Lake Park Drive. As you may recall, Stetson Engineers recently completed the City's Urban Water Management Plan. Stetson Engineers responded to the City's request for proposal for the updates of the City's Water and Wastewater Master Plan for the amount of $30,000 —timing four months. Staff believes that the cost of $30,000 is reasonable due to the fact that this company already has data for the City's water system and savings of approximately $70,000 can be achieved by utilizing the services of this company. In checking with our City Engineer, an update of water and wastewater master plan for a city our size averages $100,000. Stetson Engineers, Inc. has qualified and responsive staff who specializes in a multi- disciplinary engineering firm that specializes in providing both public and private sector clients with evaluation, planning, design, construction management, and operational assistance in developing and utilizing water resources. Page 1 of 2 City Manager: Finance Director: Based on our experience with this company, staff is confident that Stetson Engineers can deliver the City's Water and Wastewater Master Plans in four months after the authorization to proceed. The City's General Plan Update Community Services and Facilities Element is complete and no major changes are anticipated, therefore, Stetson Engineers can utilize these two elements of the City's General Plan Update and incorporate into the new Water and Wastewater Master Plans. JUSTIFICATION: Provide a master plan that addresses the City's needs for expansion, replacement, and new facilities to serve the City's water and wastewater service area. Additionally, State of California Water Resources recommends that agencies providing water and wastewater services update their water and wastewater master plans every five years. Our current water and wastewater master plans are eleven years old. BUDGETARY IMPACT: Proper funding is available in our current fiscal year budget 2003-04, covering the associated costs of the City's Water and Wastewater Master Plan. ATTACHMENTS: 1. Proposal from Stetson Engineers, Inc. 2. Professional Services Agreement Page 2 of 2 STETSON EGINEERS INC.` M0277 861 Village Oaks t .we, Suite 100 Covina, California 91724 • (b..) 967-6202 FAX: (626) 331-7065 • email: we@stetsonengineers.com 2171 E. Francisco Blvd., Suite K ° San Rafael, California' 94901 • (415) 457-070 FAX: (415) 457-1638 • email: sr@stetsnnengineers.com 2659 W. Guadalupe Rd., Suite D213 • Mesa, Arizona 85202 • (480) 839-5910 FAX: (480) 839-65601' Mr. Robert Lavin Public Works Director City of San Jacinto 270 Bissell Place San Jacinto, CA 92582 November 25, 2003 eply to: ‘P G CL H p If * 95 Subject: City of San Jacinto Proposal — Update to Water and Sewer Master Plans Dear Mr. Lavin: Covina Stetson Engineers Inc. (Stetson) is pleased to submit this Proposal for Engineering Services to the City of San Jacinto (City) to update the Water and Sewer Master Plans. We are prepared to commit the engineering professionals, support staff and equipment, to produce a work product the City of San Jacinto will find useful, timely, and flexible for future updates and modifications, as needed. The Stetson supported Water and Sewer Master Plan updates will be living documents. Stetson commits Mr. Stephen B. Johnson, P.E., Vice -President and Principal Engineer to the City Master Plan updates from start to finish. Mr. Johnson has over 25 years of direct experience, all at Stetson. Mr. Johnson will be responsible and answerable for Stetson's performance throughout this work assignment Mr. Johnson sincerely looks forward to working closely with San Jacinto's highly competent and professional staff. We would like to emphasize some of the qualifications that Stetson brings to this assignment. Stetson's existing very strong staff -to -staff professional working relationship with San Jacinto; Stetson's inherent understanding of San Jacinto's goals; STETSON: ENGINEERS INC Mr. Robert Lavin November 25, 200 Page 2 Stetson's professional working relationship with a regulatory agencies and related water agencies; Stetson's significant head start on the city water system from prior work regarding the Urban Water Management Plan, siting of the City's new well and participation in the groundwater management planning; Stetson's water system design, construction, operation, and permitting experience to support surface water diversions, surface water treatment plants, wells, distribution, storage, and monitoring: We have provided manpower requirements with associated costs and believe a cost savings will be achieved by conducting both studies simultaneously as reflected in our estimated budget of $30,000. We estimate it will require approximately 4 months to complete the two Master Plan updates from authorizations to proceed. We would like to emphasize our commitment to complete this assignment on time and within budget. We would also like to offer the opportunity as the selected consultant to meet and discuss opportunities to streamline the work requirements and save costs. In closing, please review Stetson's Proposal to provide these engineering services to the City. If you should have any questions, please contact Mr. Johnson directly. En cl osu re C:\Jobs108-Marketing\MSanJacinto\Cover Ltr.doc Sincerely, Stephen B. Johnson, PeE. Vice -President Stetson Engineers Inc. Wog STETSON ENE;{NEERS INC. PROPOSAL WATER AND SEWER MASTER PLAN UPDATE presented to CITY OF SAN JACINTO, CA November 24, 2003 WATER RESOURCE ENGINEERS San Rafael and Covina, California Mesa, Arizona INTRODUCTION Stetson Engineers Inc. (Stetson) is pleased to submit this proposal to the City of San Jacinto (City) to update the City's 1992 Water Master Plan and Sewer Master Plan. The preparation of the Water and Sewer Master Plan updates will include a description of changes to the infrastructure, current and future demands, an evaluation of the existing system and recommended improvements. Stetson's Project Team, presented more fully within this Proposal, has comprehensive capability fordevelopment of the update to the Water and Sewer Master Plans. The Team has previously prepared an Urban Water Management Plan for the City, conducted a well siting study and is participating in the groundwater basin management plan development, along with direct previous experience with water supply issues in the area. Stetson's Team includes very strong managers, water quality experts, and water system design engineers. Stetson has in-depth local experience in the broad range of issues needed to successfully integrate all aspects of water resource management for the City. SCOPE OF WORK Stetson has developed the following approach and scope of work to update the City of San Jacinto's Water and Sewer Master Plans. I. Water System Task 1. Data Collection Stetson already possesses some of the data needed to update the City's Water Master Plan. This data and information has been used by Stetson to evaluate water supply availability from the same sources utilized by the City and is readily available for this assignment. Additional data and information needed to update and; complete existing records will be identified and obtained from the City. Data that will be reviewed includes: Previous reports on the City's water supply sources and water system Recent water infrastructure information Historical water supply, production, and demand records Existing and planned water conservation program descriptions Current and future land use plans Projected future population and water demands in the City and the region Data will be assembled in a format to optimize the City's future utilization of the data and to support the modeling and analysis necessary for preparation of the Master Plan. All electronic data will be quality control checked for accuracy and completeness. -1- Task 2.Design Criteria Existing design criteria for estimating water demands, sizing water facilities for supply, transmission, distribution and storage, and assessing system performance will be reviewed for appropriateness and updated, as necessary. Task 3.` Evaluation of Water Production and Distribution Facilities Stetson will work with the City to document the capacities, conditions, and operating costs of the City's water production facilities and identify improvements and associated costs to maximize production capacity as discussed below. Stetson will also evaluate capacities and conditions of the City's reservoirs, booster stations, and water distribution system and develop recommendations, with associated costs, for improvements needed to meet current and future (10-year) water demands, including fire flow. The evaluations will include. A. Well Evaluations Stetson will document the capacities and constraints (water quality and mechanical) of the City's wells. Operating costs, including energy costs, and costs for water treatment, to return wells to service, if needed, will be prepared with the City's assistance. An estimate of the reliability and recommendations for improvements to, and utilization of, the City's groundwater supply facilities, based on the above evaluation and the conclusions from Task 4, Water Supply Optimization, below, will be provided. Reservoirs Stetson will evaluate the City water storage capacity's ability to meet water storage standards as recommended by AWWA Guidelines The evaluation will consider current and future water demands and analysis of the water system's ability to supply water to the reservoirs. Recommendations for improvements to allow cost effective use of the City's reservoirs will be provided. C. Booster Stations Stetson will use available operating cost information to evaluate the effectiveness and efficiency of the City's booster stations. Recommendations for improvements to the existing booster capacity, including estimated costs and potential funding sources, will be provided. Stetson will also review and recommend appropriate energy rates and operation criteria to maximize the cost effective operation of the booster systems. -2- Distribution; System Stetson will collect and review previous reports and studies commissioned by the City of San Jacinto for the water distribution system. The previously developed reports and studies will be reviewed and evaluated to determine the assumptions, criteria, ;data, and information sources used to develop previous findings and recommendations for upgrades, improvements, and expansions of the water distribution system. The overall findings and recommendations of these previous reports and studies will be assessed for accuracy and relevance. Water main information, where available; will be collected and organized including the age, size, pressure zones, location, materials of construction, and water line break data (type, size, cost, location, etc.). The collected information will be used to develop a screening method to identify water main segments with characteristics indicating the greatest potential for maintenance problems. The resulting list of higher risk water mains will be compared to those segments and areas identified through interviews with the City's field and operations staff. The condition of the existing distribution system will be assessed and documented on City of San Jacinto approved forms. Task 4. Water Supply Optimization Stetson's previous experience with the City and the groundwater basin management planning will greatly reduce the learning curve for this assignment. Stetson will use its knowledge of water sources available to the City, and the costs, availability and reliability determined for each water supply source in the above tasks, to prepare a prioritized and quantified water supply plan. This optimized water supply plan will serve as a guide for a cost, efficient, reliable water supply for the City. The optimized water supply plan will include water supply sources to meet current and future (10 years) demands. Task 5, Develop Final Report, Stetson will consolidate key information from the previous tasks into a comprehensive update to the 1992 Water Master Plan. The Plan will include summary tables and schedules to concisely convey the components of the plan. Stetson proposes preparing a draft of the Master Plan and to meet with City staff to review the draft. Stetson will document discussion and proposed revisions from the draft review meetings in meeting notes. Stetson will incorporate proposed changes and prepare Final Updated Water Master Plan. -3- SewerII. System Task 6. Data Collection Stetson already possesses some of the data needed to update the City's Sewer Master Plan. Additional data and information needed to update and complete existing records will be identified and obtained from the City. Data that will be collected includes: Previous reports on the City's sewer system Recent sewer infrastructure information Historical sewer flow records Current and future land use plans Projected future population and sewer demands in the City Data will be assembled in a format to optimize the City's future utilization of the data and to support the modeling and analysis necessary for preparation of the Sewer Master Plan update. All electronic data will be quality control checked for accuracy and completeness. Task 7. Design Criteria Design criteria for estimating wastewater flow generation, sizing collection system pipelines, and assessing the system performance for peak flows will be developed, Task 8. Evaluation of the Existing Wastewater Collection System Stetson will document the capacities, conditions, and operating costs of the city's sewer facilities and identify improvements and associated costs. Stetson will make recommendations with associated costs for improvements needed to meet current and future (10-year) sewer flows. The evaluations will include: A. Collection System (Pipelines and Manholes) Stetson will collect and review previous reports and studies commissioned by the City of San Jacinto for the wastewater collection system. The previously developed reports and studies will be reviewed and evaluated to determine the assumptions, criteria, data, and information sources used to develop findings and recommendations for upgrades, improvements, and expansions of the wastewater collection system. The overall findings and recommendations of these previous reports and studies will be assessed for accuracy and relevance. B. Lift Stations -4- TO: FROM: AGENDAITEM 5. I December 18, 2003 The Honorable Redevelopment Agency Chairman and Board of Directors Dorothy L. Chouinard, City Clerk SUBJECT: January 2004 Meetings RECOMMENDATION: Adjourn the following meetings: January 1, 2004 to January 8, 2004 and January 15, 2004 to January 22, 2004 BACKGROUND: The first Regular Meeting in January will fall on a holiday. Therefore, because the policy of the City Council, as outlined in Resolution No. 2387, is to continue the meeting to the following business day the result in this instance is impractical and because the RDA meets on the same schedule of the City Council. At the November 20, 2003 meeting City Council directed staff to move the regular City Council meetings in January 2004 to the second and fourth Thursdays. . JUSTIFICATION: It is consistent to the have the RDA meeting following the regular City Council Meeting, as is common practice. BUDGETARY IMPACT: None ATTACHMENTS: Exhibit A — Notices of Adjournment Ap r City Manager: Finance Director: va s NOTICE OF ADJOURNMENT (Con Notice is hereby given that the San Jacinto City Council at their meeting of December 18, 2003, adjourned the January 1, 2004 meeting to January 8, 2004 at 7:00 p.m. to be held at the San Jacinto Unified School District Board Room, 2045 South San Jacinto Avenue, San Jacinto, California. Said continuance was passed by the following vote: Ayes: Nays: Absent: Abstain: Dated this 18th day of December, 2003. Dorothy L. Chouinard, Agency Secretary NOTICE OF ADJOURNMENT (Continuance) Notice is hereby given that the San Jacinto City Council at their meeting of December 18, 2003, adjourned the January 15, 2004, meeting to January 22, 2004, at 7:00 p.m. to be held at the San Jacinto Unified School District Board Room, 2045 South San Jacinto Avenue, San Jacinto, California. Said continuance was passed by the following vote: Ayes: Nays: Absent: Abstain: Dated this 18th day of December, 2003. Dorothy L. Chouinard, Agency Secretary TO: FROM: December 18, 2003 The Redevelopment Agency Board of Direc Peter Cosentini, City Manager Tim Hults, Community Development Director AGENDA ITEM 5,2,, SUBJECT: Resolution Adopting the Redevelopment Agency o Jacinto Housing Rehabilitation Program RECOMMENDATION: Staff recommends that the Board of Directors: a) Approve and adopt Resolution No. , approving the Redevelopment Agency of the City of San Jacinto Housing Rehabilitation Program; and b) Authorize the Executive Director to execute the individual homeowner agreements. BACKGROUND: The Redevelopment Agency of the City of San Jacinto allocates on an annual basis, 20% of it tax increment funds to the Housing Set -aside fund. The purpose of the Set -aside fund is to further the development of affordable housing within the community, based upon the requirements of California Redevelopment Law. For Fiscal Year 2003/2004, the Agency allocated funding for several housing programs, including $700,000 for a single-family housing rehabilitation program. The attached Housing Rehabilitation Program fulfills the legal requirements for housing, provides a mechanism for the community to take advantage of a grant program for rehabilitation, improves the City's housing stock, and provides for forty-five (45) year covenants for affordable housing. Program Authorization To implement the Program the Agency will be expending its funds pursuant to Section 33334.2(e)(2) of the Health and Safety Code which states, in part, that the Agency may expend Housing Set -aside Funds to "improve real property or building sites with onsite or offsite improvements, but only if either; (A) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or moderate - income persons that are directly benefited by the improvements, and are a reasonable and fundamental component of the housing units; and (B) the agency requires that the units remain available at affordable housing cost to, and occupied by, persons and families of extremely low, very low, low, or moderate income for the same period and in the same manner as provided in Section 33334.3....." The Housing Rehabilitation Program is such a program. Program Description The Program provides grants of up to $30,000 to qualified homeowners to rehabilitate their existing single-family residential dwellings. The grants can be used to complete a variety of improvements to the dwelling, with primary focus on health and safety hazards. An emergency and minor repairs grant is also included in the Program and provides up to $5,000 for repairs. Since these grants will not qualify for substantial rehabilitation, they will not include the forty-five (45) year affordability covenants. The following Health and safety hazards would be given priority in rehabilitation of the dwelling: • Sagging structural parts of a house. Electrical conditions which are likely to result in a fire or threaten human life in the immediate future. • Plumbing repairs, which eliminate exposed sewage. • Mechanical system repairs, which involve conditions likely to result in a dwelling fire or leakage of a gas, • Other conditions, which could result in an explosion or situation seriously threatening a life in the immediate future. Lack of protection against weather and wear. • Defects in electrical and plumbing fixtures. • Unsafe entrance and exit facilities. • Lack of smoke detector or similar devices. • Lack of water heater. • Crumbling foundations, which are a present danger to the structural integrity of the residence. Other types of deficiencies include, but are not limited to, the following: • Defects in electrical and plumbing fixtures. • Deteriorating or inadequate structural conditions, including, crumbling foundations, dry rot and termite damage. • Overcrowding, based upon the standards set forth in the United States Department of Housing and Urban Development "Public Housing Occupancy Handbook". • Roofing which is not leaking, but has outlived its guarantee life expectancy including roof joists, braces, struts and other structural elements of the roof. • Cracked or pitted driveways, sidewalks, entryways, patios (but not the provision of new patios). • Exterior Cosmetic Improvements including repainting, replacing dried or broken landscape materials and/or inoperable irrigation systems. • Security improvements including upgrade door and window locks, installing security lighting and doors. • Interior improvements necessary to improve general living conditions, including interior paint, wall coverings, new flooring, replacement of deteriorated kitchen or bathroom cabinets, replacement of counter tops with mid -grade tile or Formica, and replacement of inoperative lighting fixtures. Eligibility Requirements The Program includes eligibility requirements, which include location, income, ownership, and long-term affordability covenants. Location — Single-family homes located within the City's Redevelopment Project Area boundaries will be given priority to participate in the Program. The Redevelopment Area map is included as Attachment B. Income — Participants incomes can range from very -low to moderate. The maximum income limits for 2003 are as follows: 2003 State Riverside Income Limits County Category 1 2 3 4 5 6 7 8 Very -low 17,850 20,400 22,950 25,500 27,550 29,600 31,600 33,650 Low 21,420 24,480 27,540 30,600 33,060 35,520 37,920 40,380 Moderate 28,550 32,650 36,700 40,800 44,050 47,350 50,600 53,850 Ownership — Only owner occupied single-family homes are eligible to participate in the program. ong term Affordability Covenants — California Redevelopment Law now requires affordability covenants for a period of forty-five (45) years. Affordability covenants are recorded against the property and require that the dwelling unit, when sold, be made available to persons or families of very low-, low- or moderate -income. Many of the previous loans provided through the Redevelopment Agency provided for ten (10) years or less. As a result, securing forty-five (45) year covenants are needed to meet the Redevelopment requirements. The regulatory agreement (included as an attachment to the Program) is the "heart" of the Program from the Agency's point of view. The Agency must provide inclusionary housing, which will remain affordable for a period of forty- five (45) years. The only way to guarantee that homeowners will not sell their homes outside the "affordability" classification is to record a covenant against the home. The regulatory agreement is the covenant. In short, the regulatory agreement states that the homeowner will not sell his or her home above the price that a person or family of "moderate" income (as defined) could afford to purchase. The regulatory agreement gives the Agency the power to purchase the home at that affordable price in order to enforce the requirement. Several agreements will be executed with the participant including one stipulating that he or she will do certain things in order for the Agency to provide program funds. The agreement includes the minimum amount of provisions necessary to protect the Agency and ensure appropriate compliance with State law. This agreement also provides for a regulatory agreement to be executed by the participant and recorded against the property. Funding for the Individual Grants Before a grant can be authorized, the participant must have sufficient equity in the structure to secure any outstanding loans, have sufficient insurance on the structure, have paid all outstanding property taxes, and have executed all appropriate documents providing that the dwelling unit will remain affordable to at least moderate -income households for forty-five (45) years. The grant will only be funded when all construction is complete and the contractor has provided assurances that there are no mechanics liens against the property. Program Administration Day-to-day Program administration will be the responsibility of the Community Development Department. Due to limited staff, the hiring of a consultant may be considered to administer the day-to-day program. The consultant would review and process all applications and agreements, complete work write-ups, oversee project construction and inspection, and coordinate progress payments. A Grant Committee will be established to review the applications and make recommendations to the Executive Director for grant funding. JUSTIFICATION: Funding for a single-family housing rehabilitation program was included in the FY 2003/2004 Budget. The development of the attached Housing Rehabilitation Program implement the Budget and help the Agency provide for needed affordable housing covenants. BUDGETARY IMPACT: The FY 2003/2004 Budget included $700,000 for a single-family rehabilitation program. Of this amount, $21,000 was provided to Habitat for Humanity. The remainder is available for the Housing Rehabilitation Program. Funding will be used for individual loans and for the administrative portion of the Program. Should a consultant be selected to administer the Program, they would be funded from the single-family rehabilitation program. ALTERNATIVES: Approve the Resolution and related actions toward implementing the Housing Rehabilitation Program. Staff recommends this alternative, which promotes the rehabilitation of single-family homes within the Redevelopment Project Area and secures needed forty-five (45) year affordability covenants. Not approve the Resolution and related actions toward implementing the Housing Rehabilitation Program. Staff does not recommend this alternative. The Redevelopment Agency has an obligation to utilize its Housing Set -aside funds for affordable housing. The Housing Rehabilitation Program accomplishes this obligation. ATTACHMENTS: ATTACHMENT A RESOLUTION ATTACHMENT B REDEVELOPMENT PROJECT AREA MAP ATTACHMENT C HOUSING REHABILITATION PROGRAM 5 ATTACHMENT A STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ;) RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO APPROVING THE HOUSING REHABILITATION PROGRAM WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency") is engaged in the activities necessary to execute and implement the Redevelopment Plans ("Redevelopment Plans") for the San Jacinto and Soboba Springs Redevelopment Project Areas ("Project Areas"); and WHEREAS, the Agency is undertaking certain activities necessary for redevelopment in the Project Areas pursuant to the provision of the California Community Redevelopment Law (Health & Safety Code Section 33000 et. seq.) ("CRL") and the Redevelopment Plans; and WHEREAS, pursuant to CRL Section 33334.3, the Agency must establish a "Low and Moderate Income Housing Fund" ("the Housing Set -aside") and provides in Subsection (c) that Housing Fund monies "shall be used to increase, improve, and preserve the supply of low- and moderate -income housing within the territorial jurisdiction of the agency"; and WHEREAS, CRL Section 33334.2(e)(7) provides that the Agency may rehabilitate buildings or structures" with Housing Set -aside monies; and WHEREAS, The Redevelopment Plans for the San Jacinto and Soboba Springs Projects include provisions for very low-, low-, and moderate -income housing availability and the elimination of the conditions of blight existing in the Project Area; and WHEREAS, the Housing Rehabilitation Program is a program developed for the rehabilitation of single-family, owner -occupied housing; and WHEREAS, the Housing Rehabilitation Program will, through the rehabilitation of dwelling units, eliminate conditions of blight in the Project Areas; and WHEREAS, the Housing Rehabilitation Program will increase, improve, and preserve the supply of low- and moderate -income housing with the City of San Jacinto, through the establishment of forty-five (45) year affordability covenants on the rehabilitated properties; and Page 1 of 4 WHEREAS, to be eligible to participate in the Housing Rehabilitation Program, the participant must be the property owner, occupy the dwelling unit, and meet the low - and moderate -income requirements set forth in California Health and Safety Code Section 50093; and WHEREAS, during Fiscal Year 2003/2004, $700,000 was budgeted in the Housing Set -aside fund for a single-family rehabilitation program. NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. The Board of Directors finds and determines the Housing Rehabilitation Program, pursuant to CRL and the San Jacinto and Soboba Springs Redevelopment Plans, will increase, improve, and preserve the supply of low- and moderate -income housing and provide for the elimination of the conditions of blight. Section 2. The Board of Directors approves the Housing Rehabilitation Program pursuant to CRL. Section 3. The Executive Director is hereby authorized to execute individual agreements with the Housing Rehabilitation Program participants. Section 4. This Resolution shall take effect immediately upon its adoption. Page 2 of 4 PASSED, APPROVED AND ADOPTED this 18th day of December, 2003. Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, Agency Secretary APPROVED AS TO FORM: By: Best Best & Krieger LLP John E. Brown Agency Counsel By: Jim Ayres, Chairperson The Redevelopment Agency of the City of San Jacinto Page 3 of 4 I, Dorothy L. Chouinard, Agency Secretary of the Agency do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the Governing Board of the Agency at a regular meeting thereof, held on the 18th day of December, 2003, and that the foregoing is full, true and correct copy of said Resolution. Witness my hand and seal: Dorothy L. Chouinard Agency Secretary Page 4 of 4 S 0.5 0 0.5 Miles City of San Jacinto 201 E. Main St. San Jacinto, CA 92583 Tel. (909) 654-7337 SAN JAC qtc5 The information shown on this map was compiled from the Riverside County GIS and the City of San Jacinto GIS. The land base and facility information on this map is for display purpose only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of San Jacinto will not be held responsible for any claims, losses or damages resulting from the use of this map. CITY OF SAN JACINTO Redevelopment Area Map \ "City Limits /\,/ Road Centerlines Major Streets Soboba Redevelopment Area San Jacinto Redevelopment Area 5. 1111 TIMM" ViNia40` Pig° rti76P bt, (-L L File: CAgisfoldenredevelopment8x1 Printed: 12/12/Z ix) ATTACHMENT C E EVELOP ENT .GENCY F TH ITY OF A JACI T December 2003 REHABILITATION (With Income Limits Effective 2003) Redevelopment Agency of the City of San Jacinto 201 East Main Street San Jacinto, CA 92583 (909) 487-7330 San Jacinto FtedevielopiTient Agency Housing Rehabilitation Program TABLE OF CONTENTS INTRODUCTION 1 1. Program Summary 1 2. Authority 1 ELIGIBILITY REQUIREMENTS 2 3. Requirements of the "Dwelling Unit" 2 4. Requirements of the "Participants" 2 5. Requirements of the "Grant" 3 PROGRAM ADMINISTRATION 3 6. Participating Officials 3 7. Procedures 4 INCOME AND ELIBILITY 5 8. Definition of Income 5 9. Definition of Owner -Occupied 6 10. Eligibility 7 REHABILITATION ACTIVITIES 7 11. Type of Dwelling Unit 7 12. Priority Guidelines 7 13. Environmental Review 7 14. Rehabilitation Work 8 15. Description of Health and Safety Hazards 8 16. Description of Other Types of Deficiencies 8 17. Eligible Costs 9 GRANT FUNDING 9 18. Insurance 9 19. Dwelling Unit Taxes 9 20. Use of Grant Proceeds .............. ...................... ..... ....... 10 21. Inspection of Dwelling Unit 10 22. Grant Security/Substantially Rehabilitated Dwelling Units 10 23. Assumption of the Regulatory Agreement 10 TERMS AND CONDITIONS OF PARTICIPATION 10 24. Inspections 10 25. Records 10 26. Discrimination 10 27. Conflict of Interest 28. Work Guarantee ,.. .... ....... ......... :....... 29. Liability Insurance 30. Contractor.. .. ... . . ....... . ... . . ...... ..........., ;..........' ATTACHMENTS 1 Attachment Map of the Redevelopment Project Area Attachment Permitted Gross Household Incomes Adjusted Size and Maximum Market Value of Home Attachment No. 3: Application Form Attachment No. 4: Housing Rehabilitation Program Agreement (Substantial Rehabilitation) Attachment No. 5: Housing Rehabilitation Program Agreement (Emergency or Minor Repairs) Attachment No. 6: Regulatory Agreement No. 1: No. 2: for Family INTRODUCTION Program Summary The Redeveloprnent Agency of the City of San Jacinto (the "Agency") has established the Housing Rehabilitation Program (the "Program") in recognition of the need to eliminate blight and to upgrade and preserve the existing housing stock of owner - occupied housing in the City of San Jacinto. An additional purpose for the Program is to help guarantee that housing, which is assisted by the Program, will remain affordable to the majority of City residents for the longest feasible time. The Program may use funds from the Redevelopment Agency Set -aside funds or other private or governmental sources. 2. Authority The Program is established pursuant to applicable provisions of the California Community Redevelopment Law (the "CRL") and the Redevelopment Plans (the "Redevelopment Plans") for the San Jacinto and the Soboba Springs Redevelopment Projects (the "Project" or "Project Area"). CRL Section 33334.3 provides that the Agency must establish a "Low and Moderate Income Housing Fund" (the "Housing Set -aside") and provides in Subsection (c) that Housing Fund monies "shall be used to increase, improve, and preserve the supply of low- and moderate -income housing within the territorial jurisdiction of the agency". CRL Section 33334.2(e)(7) provides that the Agency may "rehabilitate buildings or structures" with Housing Set -aside monies. Furthermore, CRL Section 33334.2(g) provides that the Agency may expend its Housing Set -aside monies "outside the project area" if the Agency has found that such expenditure of funds will "be of benefit to the project". The Agency, by its Resolution No. 93-25 has made such a finding. The Housing Rehabilitation Program has been established pursuant to CRL Sections 33334.2(e)(7), 33334.2(g), and 33334.3(c). The Redevelopment Plans for the San Jacinto and Soboba Springs Projects include provisions for the elimination of the conditions of blight existing in the Project Area. This Program has been established to assist in the elimination of the conditions of blight inside the Project Area. ELIGIBILITY REQUIREMENTS Program participants must comply with the following requirements:` 3. Requirements of the "Dwelling Unit" The Dwelling Unit must be located within the City of San Jacinto. Priority will be given to Dwelling Units within the San Jacinto Project Area. Please refer to Attachment No. 1 for a map of the Redevelopment Project Area boundaries. • The Dwelling Unit must either meet minimum health & safety standards`o be able to meet such standards after rehabilitation. Health and safety hazards are described in Paragraph 15 of these Guidelines. The Dwelling Unit must be of the existing conventional single-family residential housing stock or a pre -manufactured home. • The maximum fair market value of the Dwelling Unit may not exceed that value set forth in Attachment No. 2. The maximum fair market value of Dwelling Units may be determined in any reasonable manner including, without limitation, a "letter" appraisal from an appraiser with experience in the San Jacinto market area or by the Program Administrator after his or her review of "comparable sales" provided by at least two real estate agents with experience in the San Jacinto market area except that, for grants of less than $5,000 for work which is not "Substantial Rehabilitation" the Program Administrator may request market information from only one such realtor. "Comparable sales" information does not need to be in writing, but the Program Administrator should document the source, date, and content of information received. Requirements of the "Participants" • Participants must have first submitted an application substantially in the form attached hereto as Attachment No. 3 and been approved by the Executive Director (defined below). • Participant(s) must be owners of record of the Dwelling Unit as described in Paragraph 9. • Participant(s) must be able to show both willingness and ability to repay any current loans on time and not currently be in default of any such loans. • Participant's income must not exceed the limitations set forth in the CRL for moderate -income persons or households based on family size and 2 number of bedrooms in the Dwelling Unit. Please see Attachment No. 2 for the permitted gross household incomes adjusted for family size. rements of the "Grant" Grants may not exceed the amount of $30,000. No Grant shall be provided unless all housing code violations (health and safety hazards) in the Dwelling Unit, as identified by inspections, are corrected in accordance with the Municipal Code. Health and safety hazards are identified in Paragraph 15 of these Guidelines. • Grant funds may be used to: i) alleviate health and safety hazards, ii) perform repairs which extend the life of the Dwelling Unit, iii) provide improved living conditions; iv) modify Dwelling Units to provide handicap accessibility. The Agency may authorize any additional uses of Grant funds, which are otherwise consistent with the CRL and have been recommended by the Program Administrator. • The Agency will enter into a Housing Rehabilitation Program Agreement (Substantial Rehabilitation) or a Housing Rehabilitation Agreement (Emergency or Minor Repairs) with the Participant substantially in the forms attached hereto as Attachment No. 4 and Attachment No. 5, respectively, prior to disbursing the Grant. The Housing Rehabilitation Program Agreement (Substantial Rehabilitation) will include a Regulatory Agreement substantially in the form attached hereto as Attachment No. 6 which will be recorded against the Dwelling Unit providing for a 45-year affordability covenant if the rehabilitation work is a "Substantial Rehabilitation" (as defined in CRL Section 33413(b)(2)(A)(i) and shall include a prohibition against sale of the Dwelling Unit to persons or families whose income exceeds moderate -income (as defined) or sale of the Dwelling Unit at a value which exceeds the appropriate affordable housing cost. The regulatory Agreement shall be superior to all subsequently filed liens against the property except tax liens and deeds of trust as approved in the Housing Rehabilitation Program Agreement. PROGRAM ADMINISTRATION 6. Participating Officials: • The Redevelopment Agency Board of Directors: The Redevelopment Agency Board of Directors (the "Board") has the ultimate decision -making authority concerning interpretations of the Program policies and goals. 3 • The Executive Director of the Redevelopment Agency. The Executive Director of the Redevelopment Agency is responsible for providing overall supervision and making policy and funding decisions. City Departments: The Community Development Director is responsible for Program implementation including marketing and is the Program Administrator. This position is also responsible for providing overall management of the day-to-day operations and coordination with Building & Safety staff for site inspections and rehabilitation computations. The Director may elect to hire a consultant to manage the day-to-day operations of the Program. The Community Development Department is responsible for the fiscal and accounting tasks for the Program, including management of the Housing Rehabilitation Account from which funds can be disbursed. The Finance Department shall also provide fiscal review and collection services. The Building & Safety Department is responsible for maintaining the rehabilitation process in accordance with these Guidelines. The City Clerk shall be responsible for recording all appropriate documents and maintenance of records upon close-out of each rehabilitation activity by the Community Development Department. 6 Agency Attorney: The Redevelopment Agency Attorney is responsible for providing review and legal counseling as needed for Program administration. • Grant Committee: The members of the Grant Committee include the Community Development Director, Redevelopment Operations Manager, Economic Development Specialist, and Finance Director. The Grant Committee is responsible for recommending approval of all Grants to the Executive Director. 7. Procedures The Procedures for implementing the Housing Preservation Program are described as follows: a. Application Intake The Participant submits a completed application to the Redevelopment Agency of the City of San Jacinto for consideration. 4 Initial Intervievv/Eligibility Determination The Community Development Director or his/her designee will review the application for eligibility. If the application is determined eligible, a meeting with the Participant will be scheduled. Documents will be prepared for the Grant and signed by the Participant(s). c. Property Inspection and Work Write-up An inspection of the property will take place and a work write-up will be prepared, to determine the scope of the work to be completed. Contractor Selection The Participant selects the contractor to complete the work. The Participant will execute a separate agreement with the contractor. The Community Development Director or his/her designee will assist the Participant with the contractor selection process. • Eligible Contractors — To be eligible to participate in the program, contractors must be licensed by the State Contractor's License Board and be in good standing. Contractors must submit proof of Workers Compensation Insurance and Liability Insurance. • Bidding — Applicants will be provided with the work write-up, which they may use to solicit bids from contractors of their choosing. A minimum of three (3) bids is required. e. Construction A pre -construction conference shall be held between the Agency, the Participant and the contractor. At this meeting, the scope and timing of the work to be performed shall be reviewed, as well as the procedure for payment and for change orders. All work will be monitored by the City and building inspections conducted. Progress payments will be made upon approval of the Participant and the Agency. f. Project Completion Final inspection of the property will be completed and upon approval of the Participant and the Agency, a Notice of Completion will be issued. INCOME AND ELIBILITY 8. Definition of Income Income is defined as monetary benefits from any source whatsoever, before deductions or exemptions, according to the most recent federal income tax return or other documents, which most accurately reflect the Participant's current income. If a substantial change in income is anticipated during the 12-month period following the 5 application, the program coordinators will Participant's eligibility. ake this into account in determining The income of a Participant includes the income of the Participant and any other person(s) related by blood, marriage, or operation of law, who share the same dwelling unit and regularly contribute to the maintenance of the household. A Participant's income includes: The Participant's gross income before any payroll deductions. Regular contributions from persons sharing the household who do no ownership interest in the Dwelling Unit. Interest, dividends and net income from real estate. • Net income from operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine net income from a business. • Annuities, retirement income, pensions, unemployment and disability compensations, social security benefits, and worker's compensation. • Alimony, welfare, and similar income. The following are not considered income: • Sporadic and irregular gifts, amounts for which are specifically received for, or are a reimbursement of the cost of illness or medical care. • Lump sum additions to family assets, such as inheritances, insurance payments, capital gains and settlements for personal or property losses. • Earnings of minors under 18 years of age. • Education grants or scholarships including V.A. benefits for education and compensation for enrollment in vocational or training courses to improve employability for the underemployed and unemployed. • Child support payments 9. Definition of Owner -Occupant and Owner -Investor A Dwelling Unit is considered to be owner -occupied: i) if it is the Participant's primary place of residence and the Participant is the legal owner of record, or if the form of ownership is by life estate; or, ii) if the Dwelling Unit is currently vacant and will be the Participant's place of residence and the Participant will become the legal owner of record on or prior to thirty (30) days following the completion of the rehabilitation work. Properties not meeting this standard will not be considered for inclusion in the Program. As a part of his or her due diligence, the Program Administrator may secure, at the Agency's expense, a preliminary title report or any other normally recognized form of evidence of ownership on the Dwelling Unit. No application shall be accepted from individuals holding title to a property on a land sales contract basis. 6 Eligibility Priority shall be given to applicants living within the Project Area boundaries. Only properties located within City limits are eligible for the Program. REHABILITATION ACTIVITIES Type of Dwelling Unit The Dwelling Unit must be a single-family residential unit. 12. Priority Guidelines The priority system will generally be first come first serve, except as otherwise defined within these guidelines and complemented by the priority system shown below. This priority system will only be used if the number of applicants exceeds the amount of funding available on an annual basis. PRIORITY RATING GUIDELINES Income Points Less than 50% County median income (Health & Safety Sec. 50052.5(b)(1) 16 Less than 70% County median income (Health & Safety Sec. 50052.5(b)(1) 10 Less than 110% County median income (Health & Safety Sec. 50052.5(b)(1) 5 Household Characteristics Handicapped/disabled applicant 10 Elderly (Over 62) 10 Single head of household with dependents 10 Household with 4 or more dependents 10 Vacant single family dwelling 15 Loan Impact: Eliminate hazardous conditions 5 Maintain neighborhood stability by eliminating isolated of deteriorating housing 5 Substantial weatherization and energy conservation 5 Points: 100 13. Environmental Review Some of the homes in the target area may be located within the 100-year flood hazard zone. The RDA shall also follow any Environmental Review Guidelines to minimize any adverse impacts on older dwellings. 7 Rehabilitation Work Grants may be used only to rectify Dwelling Unit deficiencies identified in Paragraph 15. Dwelling Unit deficiencies are classified into one of two categories. i) health and safety hazards, and ii) all other deficiencies. Grant proceeds shall be used first to rectify health and safety hazards. If there are still proceeds available, they may be used to rectify all deficiencies in Paragraph 16. 15. Description of Health and Safety Hazards Health and safety hazards include the following: • Sagging structural parts of a house. • Electrical conditions which are likely to result in a fire or threaten human life in the immediate future. • Plumbing repairs, which eliminate exposed sewage. • Mechanical system repairs, which involve conditions likely to result in a dwelling fire or leakage of a gas which could cause serious injury. • Other conditions which could result in an explosion or situation seriously threatening a life in the immediate future. • Lack of protection against weather and wear. • Defects in electrical and plumbing fixtures. • Unsafe entrance and exit facilities. • Lack of smoke detector or similar devices. • Lack of water heater. • Crumbling foundations, which are a present danger to the structural integrity of the residence. 16. Description of Other Types of Deficiencies Other types of deficiencies include, but are not limited to, the following: • Defects in electrical and plumbing fixtures, which are not identified in Paragraph 15. • Deteriorating or inadequate structural conditions, including, crumbling foundations, dry rot and termite damage not identified in Paragraph 15. • Overcrowding, based upon the standards set for in the United States Department of Housing and Urban Development "Public Housing Occupancy Handbook". • Other housing code defficiencies not identified in Paragraph 15. • Peeling, cracked or missing paint or cracked or missing stucco. • Roofing which is not leaking, but has outlived its guarantee life expectancy including roof joists, braces, struts and other structural elements of the roof. • Cracked or pitted driveways, sidewalks, entryways, patios (but not the provision of new patios). Exterior cosmetic improvements including 8 repainting, replacing dried or broken landscape materials and/or inoperable irrigation systems. Security improvements including upgraded door and window locks, installing security lighting and doors. Interior improvements necessary to improve general living conditions, including interior paint, wall coverings, new flooring, replacement of deteriorated kitchen or bathroom cabinets, replacement of counter tops with mid -grade tile or Formica, and replacement of inoperative lighting fixtures. 17. Eligible Costs Only those reasonable costs of rehabilitation work, which are included in the application, are eligible. In addition to costs, materials, and labor for the rehabilitation itself, the Program Administrator may approve the cost of incidental items necessary for the comfortable residency of the Dwelling Unit including, without limitation, such items as: • Energy or water saving devices. • Major appliances. • Blue prints. • Architectural design and engineering services. • Title report and insurance. • Recording fees. • Credit reports. • Termite inspection reports. • Soils reports and soils excavation in regard to engineering foundations. • Any costs incurred by the Agency to implement the Housing Rehabilitation Program. GRANT FUNDING 18. Insurance Participants whose properties have been substantially rehabilitated, as defined, shall agree to maintain fire insurance and, if required, flood insurance on the Dwelling Unit during the term of the Regulatory Agreement. 19. Dwelling Unit Taxes Participants whose properties have been substantially rehabilitated, as defined, must be current with payment of the property tax at the time of application and during the term of the Regulatory Agreement. 9 20. Use of Grant Proceeds Grant proceeds can be used only to pay costs of services and materials necessary to carry out the property rehabilitation work as set forth in Paragraphs 14, 15, 16, and 17. Inspection of Dwelling Unit Dwelling Units, which have been substantially rehabilitated, as defined, shall be maintained in sound condition and Participants shall permit the Agency or its designee to inspect the Dwelling Unit during the term of the Regulatory Agreement. 22. Grant Security All grants for substantial rehabilitation shall be made pursuant to a Regulatory Agreement that insures Rehabilitation of the Dwelling Unit for use by low and/or moderate -income persons. The Regulatory Agreement shall contain default provisions in the event of cessation of owner -occupancy or ownership by appropriate individuals. 23. Assumption of the Regulatory Agreement The Regulatory Agreement may not be assumed with one exception. If the new owner meets the income requirements, as defined, the Regulatory Agreement may be assumed. TERMS AND CONDITIONS OF PARTICIPATION 24. Inspections The Participant, contractor and sub-contractor(s) shall permit inspection by the Agency of all, rehabilitation work, contracts, materials and equipment pertaining to the rehabilitation work during the course of construction. Nothing herein shall be deemed to restrict the City from performing all its normally required inspection activities. 25. Records The Participant, contractor, and sub-contractor(s) shall keep records for a period of seven (7) years, which may be audited by the Agency with respect to the rehabilitation work. 26. Discrimination Participants shall not discriminate on the basis of race, sex, marital status, disability, religion, age, national origin or ancestry, in the sale, lease, rental, use of occupancy of the rehabilitated Dwelling Unit. 10 Conflict of Interest The Participants shall allow no representative or employee of the City who exercises or has responsibilities in connection with the administration of the program to have any interest, direct or indirect, in the proceeds of the grant or in any contract entered into by the Participant for the performance of work financed by the grant. 28. Work Guarantee All contractors and sub -contractors shall guarantee all work performed for a period of one year from the Notice of Completion, and shall furnish the participant with all manufactures' and suppliers' written guarantees and warranties covering material and equipment furnished under the contract. 29. Liability insurance All contractors must comply with the City of San Jacin o's insurance requirements. 30. Contractor All work, except as otherwise stated, shall be completed by a State of California licensed general contractor. 11 N 1 1 1 L 1 0 0.5 Miles City of San Jacinto 201 E. Main St. San Jacinto, CA 92583 Tel. (909) 654-7337 C TY OF SAN JACINTO Redevelopment Area Map ETf (!) ILTI The information shown on this map was compiled from the Riverside County GIS and the City of San Jacinto GIS. The land base and facility information on this map is for display purpose only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of San Jacinto will not be held responsible for any claims, losses or damages resulting from the use of this map. E.] L L.. ET ILEEEL-LEL: II LH_ L rij City Limits /V Road Centerlines Major Streets Soboba Redevelopment Area San Jacinto Redevelopment Area WhISSIRO, . I °Riati/5010 .Q_ST fit File: C:\gisfolder\redevelopment8x11.apr Printed: 12/12/02 ATTACHMENT NO. 2 Permitted Gross Household Incomes Adjusted for Family Size And Maximum Market Value State CDBG and HOME 2003 Income Limits for Riverside County Income Category Number of Person Per Household 1 2 3 4 5 6 7 8 Very Low 17,850 20,400 22,950 25,500 27,550 29,600 31,600 33,650 Low 21,420 24,480 27,540 30,600 33,060 35,520 37,920 40,380 Moderate 28,550 32,650 36,700 40,800 44,050 47,350 50,600 53,850 Market Value The Market Value of the Dwelling Unit May Not Exceed the Median Housing Price for the San Jacinto Area HOUSING REHABILITATION P APPLICATION REDEVELOPMENT AGENCY OF THE CITY OF SAN JAC NTO HOUSING REHABILITATION PROGRAM APPLICATION Check all that apply: Landscaping Painting Health and Safety Deed Covenant Applicant: Last Name First Name Mi MantalStatus Birth Date: Social Security: Driver License: Current Address: Street Address City State Zip Code Previous Address: (If living at current address less than 5 years.) Home Telephone No.: Spouse Information: First Name M.I. Last Name Birth Date: Social Security: Driver License: List names of each household member, include a licant s : NAME AGE RELATIONSHIP TO APPLICANT MONTHLY INCOME Length of Time Resided At the Above Address Employment . .. NAME EMPLOYER ADDRESS EMPLOYER PHONE NO. MONTHLY GROSS REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO COMMUNITY DEVELOPMENT DEPARTMENT HOUSING REHABILITATION PROGRAM APPLICATION Complete all items if not applicable, write N/A Applicant: Address: List all other sources of income, i.e. child support, spousal support, etc., If not employed indicate source of income: SSI, AFDC, etc., and dollar amount I DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENT IS TRUE AND CORRECT. I HEREBY AUTHORIZE THE CITY OF SAN JACINTO TO SECURE OTHER INFORMATION NECESSARY TO PROCESS THIS APPLICATION. Owner's Signature Spouse's Signature Date PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S.C. TITLE 28, SECTION 101, PROVIDES: "WHOEVER, IN ANY MATTER WITHIN THE JURISDICTION OF ANY DEPARTMENT OR AGENCY OF THE UNITED STATES KNOWLINGLY AND WILLFULLY FALSIFIES... OR MAKE ANY FALSE, FICTITIOUS OR FRAUDULENT STATEMENT OR ENTRY SHALL BE FINED UP TO $10,000 OR IMPRISONED UP TO 5 YEARS OR BOTH." HOUSING REHABILITATION PROGRAM ENROLLMENT STATEMENT HEREAS, I/We, 1 Am/Are the owner/occupant(s) of the single-family dwelling located at ;and I/We have been the occupant(s) of the above referenced property for 12 months o longer; and I/We am/are interested in participating in the Housing Rehabilitation Program for homeowners for the purpose of obtaining a Deed Covenant to make needed and necessary repairs on my/our home. My/Our income is: $ Attach last two (2) years Federal Income Tax returns. Wages $ Social Securi SSI (gold check) $ Pension payments/annuity/retirement $ Unemployment/Disability Benefits/Welfare $ VA $ Total Monthly Gross Income: $ Annual Gross Income: $ Maximum Income Allowed: $ PENALTY FOR FALSE OR FRAUDULENT STATEMENT. U.S.C. Title 18, Sec. 1001 provides: "Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies ... Or makes any false, fictitious statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fines not more than $10,000 or imprisoned not more than five years, or both." FOR STAFF USE ONLY ❑ Verification of Income ❑ Verification of Tax Statement ❑ Deed of Trust ❑ Fire Insurance Policy 111 Current Property Tax Statement I.D.# Date: Initials: RULES AND REGULATIONS If 1/We are determined to be eligible to participate in the Redevelopment Agency Housing Rehabilitation Program, I/We agree to: 1. Sign all necessary documents including, but not limited to, the San Jacinto Redevelopment Agency Housing Rehabilitation Program Agreement. As a participant in the Housing Rehabilitation Program, I hereby agree that I will not convert my property to rental property and shall comply with all moderate -income guidelines. I/We are aware that deed restrictions shall be recorded and run a minimum of 45 years, as provided for under the Agreement, and shall not be subordinate to any Deed of Trust. 2. Give correct and truthful information, and sign all verification forms about family size and income. 3. Keep all appointments with the Redevelopment Agency staff and all other related persons in connection with qualifying rules me/us for the grant. 4. Furnish upon request all necessary documents to determine eligibility. 5. Ensure that an adult is present during all inspections and work to be done. 6. The property owner/applicant select a qualified contractor to do repair work or waive the right to participate in the Redevelopment Agency Housing Rehabilitation Program. The contractor selection and building process shall be in accordance with the City of San Jacinto requirements. Agency Staff agrees to: 1. Confidentiality of all information. 2. Make all appointments in advance. I/VVe understand the conditions under which I/we receive Redevelopment Agency Housing Rehabilitation grant, if my/our application is approved and my/our obligations to cooperate with the Redevelopment Agency staff. I/We have read and understand the Rules and Regulations of the Redevelopment Agency Housing Rehabilitation Program. Participant's Signature: Date: Spouse's Signature: Date: Staff Signature: Date: HOUSING REHABILITATION PROGRAM AGREEMENT (SUBSTANTIAL REHABILITATION) HOUSING REHABILITATION PROGRAM AGREEMENT REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO HOUSING REHABILITATION PROGRAM THIS HOUSING REHABILITATION PROGRAM AGREEMENT (the "Agreement") which is dated as of , 20 (the "Effective Date") is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic and (FILL IN NAMES OF ALL PARTICIPANTS). You and the Agency agree as follows: Section 1. You have received a copy of and read the Housing Rehabilitation Program. Section 2. You have met with Agency staff members and with (FILL IN THE NAME OF THE APPROVED CONTRACTOR) (the "Contractor") and you agree that your home, which is located at (FILL IN THE ADDRESS), needs the repairs and improvements, which are listed in Exhibit No. 1 to this Agreement. The legal description of your property is attached to this Agreement as Exhibit No. 2. You agree that the total cost of completing all the work identified in Exhibit No. 1 is $(FILL IN THE TOTAL COST OF EXHIBIT NO. 1) and you understand that the Agency will provide $(FILL IN THE AMOUNT OF AGENCY ASSISTANCE) to pay for completing some or all of this work. If the $(FILL IN THE AMOUNT OF AGENCY ASSISTANCE) to be provided by the Agency is less than the total cost of completing the work listed in Exhibit No. 1, you agree to pay the difference between the total cost of the work identified in Exhibit No. 1 and the $(FILL IN THE AMOUNT OF AGENCY ASSISTANCE) to be provided by the Agency. This amount equals $(FILL IN THE DIFFERENCE BETWEEN EXHIBIT NO. 1 AND AGENCY ASSISTANCE) and will be paid for by you from the following source(s) Source No. 1 (FILL IN THE FIRST SOURCE OF PRIVATE FUNDS) Source No. 2 (FILL IN THE SECOND SOURCE OF PRIVATE FUNDS), (etc.) Section 3. By filling out the Application provided to you by the Agency when you first requested assistance in rehabilitating your home, you provided the Agency with certain information about your total income, the names of the person's who will be living in your home (these people and only these people, are members of your "household"), and the total income of all of the members of your household. In addition, you told the Agency that you, and all the members of your household, live at (FILL IN THE ADDRESS) as your primary place of residence. This information is very important to the Agency and, in fact, the Agency decided to provide you the funds described in Section 2 based upon this information, which you have provided under penalty of law. If any of the information provided in the Application has changed, it is your responsibility to inform the Agency, in writing, of the change prior to signing this Agreement. By signing this Agreement you are stating that the information you provided the Agency in the Application was correct at the time you filled out the Application and remains correct, or you have corrected it, in writing, at the time you sign this Agreement. Section 4. The Agency is providing its assistance to you for two reasons. The first reason is that you and the members of your household, together, currently earn no more than $(FILL IN MAXIMUM AMOUNT FOR MODERATE INCOME FOR FAMILY SIZE) per year and because your home has a fair market value of $(FILL IN MARKET VALUE) or less. The second reason is that you have agreed to sign and record the Regulatory Agreement (which is further in Section 5 of this Agreement) with the Riverside County Recorder as a covenant against your home. Section 5. The Regulatory Agreement is attached to this Agreement as Exhibit No. 3. You must sign it before the Agency will sign this Agreement. By signing this Agreement you are authorizing the Agency to record the Regulatory Agreement as a covenant against your property at such time as the work listed in Exhibit No. 1 is complete and approved by you and the Agency. The Regulatory Agreement prohibits you from renting your property to others. It also restricts your ability to sell your property. THEREFORE, IT IS VERY IMPORTANT THAT YOU READ AND UNDERSTAND THE REGULATORY AGREEMENT AND THAT YOU HAVE BEEN ADVISED TO CONSULT AN A I I ORNEY REGARDING THIS MATTER. Once you have executed the Regulatory Agreement and it has been recorded as a lien against your property, you will have to allow the Agency the option to purchase your house under the terms of the Regulatory Agreement if any of the following occur: i) you or any member of your household no longer occupies your home without the express written approval of the Agency, or ii) or sell your property under certain conditions which are found in the Regulatory Agreement regardless of the market value of your property at the time of sale. IT IS VERY IMPORTANT THAT YOU READ AND UNDERSTAND THE REGULATORY AGREEMENT AND HAVE CONSULTED WITH AN ATTORNEY IF YOU HAVE ANY QUESTIONS ABOUT YOUR OBLIGATIONS OR THE AGENCY'S RIGHTS UNDER THE REGULATORY AGREEMENT. Section 6. This Agreement is between you and the Agency. The City of San Jacinto is not a party to this Agreement. However, you specifically agree to comply with all City ordinances, rules and regulations. Section 7. This Agreement is governed by the laws of the State of California, including the Community Redevelopment Law. Any legal action brought under this Agreement must be instituted in the Superior Court of Riverside County, California or in the Federal Court of California. Section 8. This Agreement will terminate and be of no further force or effect forty-five (45) years from the date that the Regulatory Agreement is recorded. Section 9. Notices under this Agreement shall be to the addresses and in the forms set forth in the Regulatory Agreement. SIGNATURES 2 EXHIBIT NO. '1 1ST OF ITEMS TO BE REPAIRED, REPLACED OR CONSTRUCTED AND TOTAL COST OF REHABILITATION 3 EXHIBIT NO. 2 LEGAL DESCRIPTION 4 EXHIBIT NO. 3 EXECUTED REGULATORY AGREEMENT 5 HOUSING REHABILITATION PROGRAM AGREE (EMERGENCY OR MINOR REPAIRS) HOUSING REHABILITATION PROGRAM AGREEMENT EMERGENCY AND MINOR REPAIRS REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO HOUSING REHABILITATION PROGRAM THIS HOUSING REHABILITATION PROGRAM AGREEMENT, EMERGENCY AND MINOR RIPAIRS (the "Agreement") which is dated as of , 20 (the "Effective Date") is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic and (FILL. IN NAMES OF ALL PARTICIPANTS). You and the Agency agree as follows: Section 1. You have received a copy of and read the Housing Rehabilitation Program. Section 2. You have met with the Agency staff members and with (FILL IN THE NAME OF THE APPROVED CONTRACTOR) (the "Contractor") and you agree that your home, which is located at (FILL IN THE ADDRESS), needs the repairs and improvements, which are listed in Exhibit No. 1 to this Agreement. The legal description of your property is attached to this Agreement as Exhibit No. 2. You agree that the total cost of completing all the work identified in Exhibit No. 1 is $(FILL IN THE TOTAL COST OF EXHIBIT NO. 1) and you understand that the Agency vvill provide the full amount of these funds in the form of a grant to you. You also represent and warrant that the amount of your grant does not exceed 25 percent of the total value of your home after rehabilitation. Section 3. By filling out the Application provided to you by the Agency when you first requested assistance in rehabilitating your home, you provided the Agency with certain information about your total income, the names of the person's who will be living in your home (these people and only these people, are members of your "household"), and the total income of all of the members of your household. In addition, you told the Agency that you, and all the members of your household, live at (FILL IN THE ADDRESS) as your primary place of residence. This information is very important to the Agency and, in fact, the Agency decided to provide you the funds described in Section 2 based upon this information, which you have provided under penalty of law. If any of the information provided in the Application has changed, it is your responsibility to inform the Agency, in writing, of the change prior to signing this Agreement. By signing this Agreement you are stating that the information you provided the Agency in the Application was correct at the time you filled out the Application and remains correct, or you have corrected it, in writing, at the time you sign this Agreement. Section 4. The Agency is providing its assistance to you for two reasons. The first reason is that you and the members of your household, together, currently earn no more than $(F1LL IN MAXIMUM AMOUNT FOR MODERATE INCOME FOR FAMILY SIZE) per year and beause your home has a fair market value of $(F1LL IN MARKET VALUE) or less. The second reoson is that you have agreed to sign and record the Regulatory Agreement (which is further in Soction 5 of this Agreement) with the Riverside County Recorder as a covenant against your lict. me. Section 5. Agency staff have determined that there exists a health and safety violation in your home which can only be remedied through completion of the work identified in Exhibit No. 1. It is for the reasons identified in this Section 5 and in Sections 3 and 4 of this Agreement that the Agency is able to provide you with the $(FILL 11\1 THE TOTAL COST OF EXHIBIT NO. 1) in assistance. Section 6. At such time as the work identified in Exhibit No. 1 is completed to the reasonable satisfaction of the Agency, and the Agency is convinced that there remain no outstanding liabilities regarding the completion of this work, the Agency will pay $(F1LL IN THE TOTAL COST OF EXHIBIT NO. 1) to the Contractor. Section 7. This Agreement is between you and the Agency. The City of San Jacinto is not a party to this Agreement. However, you specifically agree to comply with all City ordinances, rules and regulations. Section 8. This Agreement is governed by the laws of the State of California including, the Community Redevelopment Law. Any legal action brought under this Agreement must be instituted in the Superior Court of Riverside County, California or in the Federal Court of California. Section 9. This Agreement will terminate and be of no further force or effect forty-five (45) years from the date that the Regulatory Agreement is recorded. Section 10. Income Information. Owner has submitted eligibility verification information to the Agency prior to execution of this Agreement. Owner represents, warrants, and hereby declares to the Agency under penalty of perjury under the laws of the State of California that all information the owner has provided and will provide in the future to the Agency is and will be true, correct and complete. Owner acknowledges that the Agency is relying upon Owner's representatives that the owner is a qualified person, and the Agency would not have entered into this Agreement if the owner did not so qualify. Section 11. Further Assurances and Recordations. Owner covenants that upon request of Agency, Owner, or its heirs, successors or assigns, will execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and agreements and do such further acts as may be necessary, desirable or proper to carry out more effectively the purpose of this instrument. At the expiration of the Term, Agency agrees to provide to Owner an instrument in recordable form that has the effect of confirming the termination of the affordable housing requirement of this instrument. Section 12. Relationship of Owner and Agency. The relationship of Owner and Agency pursuant to this Agreement is that of debtor and creditor and shall not be, or be construed to be a joint venture, equity venture, partnership, or other relationship. 2 si Section 13. Entire Agreement. This instrument constitutes the entire agreement of the ties hereto, and the provisions hereof may be modified or amended only by written instrument ned by the party to be charged. Section 14. Attorney's Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees in an amount determined by the court. Section 15. Participant Assignment Prohibited. In no event shall Participant 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. S6GNATURES 3 4 EXHIBIT NO. 1 LIST OF ITEMS TO BE REPAIRED, REPLACED, OR CONSTRUCTED AND TOTAL COST OF REHABILITATION 5 RCORDING REQUESTED BY and VV. fIEN RECORDED MAIL TO: CI-TY CLERK ) RDEVELOF3MENT AGENDY OF THE CI-TY OF SAN JACINTO ) I East Main Street ) SAN JACINTO, CALIFORNIA 92583 ) (Exempt from Recording Fees Per Government Code § 6 03.) (Space Above Provided For Recorder) REGULATORY AGREEMENT (Covenants Concerning Real Property) (Notice to Lenders — This Instrument includes a Request for Special Notice pursuant to Civil Code Section 2924b) A.P.N. THIS REGULATORY AGREEMENT (this "Regulatory Agreement") is made as of 20 , by (husband and wife) ("Owner") in favor of the REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic ("Agency"). RECITALS A. Agency, acting to carry out its public purposes under the Community Redevelopment Law of the State of California to make financial assistance available to assist persons and families of low or moderate income to preserve ownership housing, is making a housing subsidy (the "Agency Subsidy") to Owner pursuant to the terms of that certain Participation Agreement (the "Agreement") dated of similar date herewith made by and between Owner and Agency for the purpose of assisting Owner to finance the rehabilitation of that certain residential real property (the "Property") described on the attached Exhibit A which is incorporated herein by this reference; and B. Agency's agreement to make the Agency Subsidy to the Owner's is conditioned on, and was induced by, Owner's agreement to restrict the use the Property for the term of the Agency Subsidy to owner -occupancy for low and moderate income individuals; and C. Owner desires to subject the Property to the restrictions and provisions set forth in these Recitals. NOW THEREFORE, Owner covenants, warrants and agrees, for itself, its successors and assigns, as follows: 1. Fundamental Provisions: The following shall serve as the basic terms of this Regulatory Agreement: (a) Amount of Agency Subsidy. The amount of the Agency Subsidy made by the Agency to the original owner named herein is the sum of $ (b) Definitions. For purposes of this Regulatory Agreement, the terms listed below shall have the meanings thereinafter specified. i. Affordable Housing Cost shall have meaning set forth in California Health and Safety Code Section 50052.5(b), as such statute may be amended from time to time with respect to low and moderate income households, and any successor statutes thereto. ii. Capital Improvement shall be any addition or betterment made to the Property consists of more than mere repairs or replacement of existing facilities or improvements and which has a useful life of five (5) years or more. iii. Capital Improvement Investment shall mean and refer to the sum of cash invested in Capital Improvements in the Property from time to time by the Owner, as evidenced by receipts for any work or material supplied to improve the Property. iv. Consumer Price Index (or "CPI") means and refers to the revised Consumer Price Index for All Urban Consumers, U.S. City Average, 1982- 1984=100, as published by the Bureau of Labor Statistics of the United States Department of Labor, or if such agency shall cease to publish such an Index, then any comparable index published by any other federal or state agency which is approved by the Agency. v. Qualified Persons means Persons and Families of Low or Moderate Income, as defined in California Health and Safety Code Section 50093 (as such statue may be amended from time to time, and any successor statutes thereto) and otherwise meeting the requirements hereof. vi. Persons and Families of Low or Moderate Income shall have the meaning ascribed to such term in California Health and Safety Code Section 50093, as such statute may be amended from time to time, and any successor statutes thereto. The terms Person or Family of Low or Moderate Income and Affordable Housing Cost are further defined in Title 25 of the California Code of Regulations Section 6910, et seq., as from time to time amended, and any successor regulations thereto. The terms and provisions of California Health and Safety Code Sections 50093, 50105, 5052.5, and Title 25 of the California Code of 2 Regulations Section 6910, et seq., as amended, and any successor statutes or regulations thereto, are incorporated herein by this reference. 2. Restriction on Transfer. Owner shall not sell, convey, transfer, lease assign erscuniber, mortgage, or hypothecate the Property, or enter into an agreement to sell, convey, loose, assign, transfer, encumber, mortgage, or hypothecate the Property, except for a sale to a Qoalifiecl Person as set forth herein and except as otherwise provided. 3. Term. The term of the restrictive covenants described herein (the "Term") shall commence on the date this instrument is recorded in the Official Records of the Riverside County Recorder, and shall end on the date that is forty-five (45) years thereafter (unless sooner terminated pursuant to the provisions hereof); provided, however, the covenants against discrimination set forth herein shall remain in effect in perpetuity. 4. Covenant to Maintain Affordability/Principal Residency Requirement (a) The Subsidy is being given by the Agency to the Owner to increase and improve the community's supply of low- and moderate -income housing available at an Affordable Housing Cost in accordance with the affordable housing requirements of the Community Redevelopment Law (California Health and Safety Code, Section 33000, et seq). To this end, the Owner agrees that during the Term the Property shall, expect as provided herein, remain affordable only at an Affordable Housing Cost and shall only be used by persons or families whose income do not exceed either low or moderate income. In addition, if the Owner fails to occupy the Property as the Owner's principal residence for a period of forty-five (45) consecutive years, then the Owner shall be in breach of this Agreement. (b) If after the expiration of the entire Term the Owner has not either (i) sold, conveyed, transferred, or assigned the Property to a person or family of low or moderate income except where expressly permitted herein, or (ii) leased the Property in violation of the terms hereof, or (iii) refinanced, hypothecated, encumbered, or mortgaged the Property in violation of the terms hereof, or (iv) sold the Property at a price exceeding the maximum price permitted hereunder, or (v) otherwise breached the terms and provisions hereof, then the Agency shall forgive the Subsidy in full. (c) Owner agrees that throughout the Term the Property shall, except as otherwise provided herein, be sold only to a Qualified Person. In addition, if the Owner fails to occupy the Property as the owner's principal residence for a period of forty-five (45) consecutive years, then the Owner shall be in breach of this Agreement. 5. Permitted Transfers and Mortgages. (a) Conveyances to a Third Party Qualified Person. Subject to the provisions hereof, the Owner may convey the Property to a Qualified Person on the condition that (i) Owner complies with the requirements hereof, (ii) the purchase price does not exceed the maximum permitted resale price set forth herein, and (iii) the purchaser covenants to occupy the Property as such party's principal residence. Any permitted transferee shall acquire the Property subject to the terms and conditions hereof. 3 (b) Intra-Family Conveyances. The following transfers of title shall not be breaches of this instrument: transfer by gift, devise, or inheritance to the Owner's spouse; taking of titl by surviving joint tenant that is the Owner's spouse; transfer of title to a spouse as part of a diNforce or dissolution proceedings; acquisition of title in conjunction with marriage. A transfer to ch ildren of the Owner where the income of such children exceeds the maximum household income applicable to the Property permitted hereunder shall give rise to the option in favor of the Agency to purchase the Property described in Section 6. A transfer to children of an Owner where the income of such children does not exceed a Moderate Income is permitted hereunder. Any transferee hereunder shall take title to the Property subject to the terms, conditions, restrictions and requirements hereof and the transferee shall execute any reasonable document required by the Agency to ratify the assumption by such transferee of the terms hereof. (c) First Trust Deed. The Owner may encumber or refinance the Property with a first position deed of trust or mortgage on the condition that the interest, terms and conditions are reasonable at the time the financing takes place (in the opinion of the Agency). (d) Second Trust Deeds. The Agency shall consider in good faith whether to permit a loan, to be secured by a junior trust deed or mortgage encumbering the Property, the proceeds of which are to be used to pay for repairs or the construction of improvements to the Property, on the following terms and conditions: (i) the cost of the repairs or the improvements (plus loan fees and loan costs), does not exceed the principal amount of such loan, (ii) the loan is originated by a bank, savings and loan association, or other institutional lender, (iii) the interest rate and payment terms thereon are reasonable (in the Agency's reasonable opinion), (iv) the Owner shall be capable of meeting the monthly payments provided by such loan (in the Agency's reasonable opinion), and (v) the Property is not over -encumbered. 6. Agency Option to Purchase. (a) Option. In order to maintain and insure that the Property shall remain affordable to and only occupied by Persons or Families of low or moderate income, the Agency is hereby granted the option, throughout the Term hereof, to purchase such Property in the event the Owner desires to transfer the Property, or to find another Person or Family of low or moderate income to purchase the Property. The purchase price shall be the amount set forth in Subsection 6(b) below, and the option shall be exercised by the Agency, if at all, within 120 days after the Agency's receipt of the written notice (the "Notice of Proposed Sale") of the Owner's desire to transfer the Property. During such 120 day period the Owner may also concurrently attempt to market the Property to sell it to a Person or Family of low or moderate income. In the event that the Agency exercises the Option, then the Agency shall promptly open escrow and shall close of escrow for the purchase of the Property prior to the date that is 180 days after the Agency's receipt of the Notice of Proposed Sale. If the Agency exercises the option to purchase but, due to the Agency's sole fault, the Agency does not close escrow within 180 days after the date the Agency first received the Owner's Notice of Proposed Sale, then the Owner shall be entitled to sell the Property to a person or family that is not a person or family of low or moderate income, or otherwise; provided, however, if the Property is sold to a person or family that is not a person or family of low or moderate income, then the Owner shall repay the Subsidy and interest thereon to the Agency as provided in Section 7(c) below. Title to the Property shall be delivered to the Agency at the close of escrow free and clear of monetary liens and encumbrances, and closing costs shall be allocated in the fashion as in customary for buyers and sellers in Riverside County. 4 (b) Purchase Price. The purchase price of the Property to be paid by the Agency or its designee shall be the lower of: i. The purchase price as agreed upon between the Owner and the Agency; or ii. The suni of: (A) The Owner's purchase price of the Property multiplied by the percentage increase in the Consumer Price Index from that published for the date nearest the date of close of escrow of the Owner's purchase of the Property over that published nearest the date of completion and executing of the Notice of Proposed Sale; plus (B) The actual cost, as evidenced by receipts, of Capital Improvement Investments in the Property, multiplied by the percentage increase in the Consumer Price Index from the time of completion of each item of Capital Improvement; plus (C) Brokerage commissions, if any, paid by such Owner in connection with such resale, and escrow costs, title insurance premiums paid, and other customary closing costs and fees; plus (D) Any ordinary escrow costs incurred by the Owner in connection with its original purchase of the Property or that may be incurred in connection with such resale transaction; plus (E) In the event the Owner sells the Property after a default under a mortgage or deed of trust, but prior to a trustee's sale or foreclosure sale, the purchase price shall be further increased by all expenses actually incurred by the holder of such mortgage or beneficiary under such deed of trust due to the Owner's default including, but not limited to, trustee's fees, attorney's fees, costs of sale and debt service on the debt secured by such mortgage or deed of trust. The foregoing shall also apply to a deed in lieu of foreclosure. 7 Resale Price Controls and Procedures. (a) If the Owner elects at any time to sell the Property, then the Owner shall, prior to signing a listing agreement or other authorization to sell with a real estate broker, first provide to the Agency a notice (the "Notice of Proposed Sale") setting forth the Owner's intention to sell the Property, and a property information form to be prepared by the Agency. Such Notice shall contain information about the Owner's original purchase price of the Property and the Owner's Capital Improvement Investment. Agency or its designee shall have one hundred twenty (120) days from the time following the receipt by the Agency or its designee of the Notice of Proposed Sale to find a new buyer for the Property being sold, or to exercise the Agency's option to purchase described in Section 6; provided, however, the Agency or its designee may shorten such time period upon a showing of hardship by the Owner. The Owner agrees to consider as purchasers those Persons or Families of low or moderate income identified on a list that may be obtained by the Agency. 5 Nothing contained herein shall be construed as imposing on the Agency any obligation to find a purchaser of the Property if the Owner has elected to sell the Property. (b) Resale to Qualified Person. The Owner may sell the Property to Qualified Person. If the Owner resells the Property to a Qualified Person at a price that does not exceed the price set forth in Section 9, then the provisions hereof shall continue to encumber the Property, and the Agency shall subordinate its interest in any new deed of trust as provided herein. Each successor in interest to Owner that is a person or family of low or moderate income, shall acquire the Property subject to the continuation of the restrictions on such Property provided in this Agreement; and if Agency purchases such Property and resells the Property, such acquisition shall not operate to merge this Agreement into Agency's fee interest. (c) If, after expiration of the one hundred twenty (120) day period, Agency or its designee elects not to purchase the Property or has failed to procure an eligible and qualified buyer, then the Owner shall then be free to seek a buyer for the Property without any limitation on resale price or income level of the purchaser; provided, however, if the purchaser is not a person or family of low or moderate income, then the Owner shall pay to the Agency the Subsidy plus simple interest thereon at the rate of 10% per annum from the Effective Date of the Subsidy. In addition, the Owner shall also pay to the Agency one-half (1/2) of the amount by which the net proceeds received by the Owner exceeds the sum of (i) the amount calculated pursuant to subsection 6(b)(ii), plus (ii) the amount of the Subsidy and interest paid to the Agency on account of the repayment of same, so as to qualify as a permitted "equity sharing" program as required by law and being a percentage share of the appreciation in the value of the Property ("Appreciation Share"). (d) The escrow instructions may provide for conditions or contingencies of the type and nature customarily included in residential purchase escrows (including but not limited to financing contingencies, inspection rights, and preliminary title report approvals), provided that any such conditions or contingencies (other than the status of title to the Property at the time of conveyance and other conditions which by their nature cannot be satisfied prior to closing) must be satisfied or waived on or before the close of escrow. The proceeds of the sale shall be used to pay off all monetary liens and encumbrances upon the close of escrow. Escrow shall close within 60 days after the opening of escrow. (e) The Owner shall notify any proposed purchaser in writing prior to such person's execution of escrow instructions, deposit receipt, purchase and sale agreement or similar agreement, whichever is earliest, that the title to the Property will be restricted in the manner described herein. (f) The Owner may require a deposit to open escrow in an amount not to exceed three percent (3%) of the purchase price. Title to the Property shall be delivered to the purchaser at the close of escrow free and clear of monetary liens and encumbrances. Closing costs shall be allocated between the buyer and seller according to the customary practices in Riverside County in effect at the time the escrow is opened. (g) For the purpose of confirming with the Agency that a proposed purchaser is a person or family of low or moderate income that will be paying a purchase price that is in 6 ccvnipliance with the terms hereof, the Owner shall notify the Agency in writing of any offer from a prmospective purchaser and providing the Agency with such financial, credit, or other information on stjch prospective purchaser as required by the Agency, including the following: names and ages. i. Name and address of the purchaser. ii. Number of persons comprising the purchaser's household and their iii. Proposed purchase price of the Property, and any other consideration for the purchase of the Property. iv. Amount of down payment. v. Terms of any loan that will be used by the purchaser to finance the purchase of the Property, including, but not limited to, principal, interest rate, term, and loan fees. vi. Closing date. vii. Aggregate annual income of the purchaser's household. viii. Most recent federal and state income tax returns of the purchaser and all other members of the purchaser's household for the preceding two (2) calendar years, and verification of the proposed purchaser's salary or wages from the purchaser's employer. ix. Copy of any proposed purchase and sale agreement, escrow instructions, loan application, or other agreements between the Owner and the purchaser of the Property or relating to the sale of the Property. x. A written statement signed by the proposed purchaser that the Property will be occupied by the purchaser of such Property and used as his or her primary residence. In lieu of providing the foregoing information, these requirements shall be deemed to have been satisfied by delivery to the Agency of a written certification of the foregoing information from the purchaser's lender who shall hold a first position trust deed encumbering the Property, which certification shall be furnished to Agency at least 15 days prior to the close of escrow for the Property. (h) The Agency shall have 30 days to review the information (unless the Agency received the certification from prospective purchaser's lender, in which case the Agency shall have 15 days to review the information). The Agency may require the purchaser to submit other written documentation reasonably requested by the Agency to verify the information set forth herein and to determine that the Affordable Housing Cost restrictions of this instrument shall be satisfied. If the Agency receives all such prospective purchaser information requested by the Agency, the Agency shall determine whether the prospective purchaser is qualified to purchase the Property as a 7 prson or family of low or moderate income, and shall thereafter immediately notify the Owner in writing that the prospective sale is authorized and approved, or that the prospective purchaser dares not qualify to purchase the Property as a person or family of low or moderate income. The A0ency hereby designates the Executive Director of the Agency to make the evaluations, reviews an d determinations ser forth in this Section. (i) If the Agency notifies the Owner that the sale is authorized and approved, the Ovvner shall proceed to complete the sale of the Property within seventy-five (75) days of the date of such approval from the Agency. 8. Notification Prior to Mortgage, Encumbrance or Hypothecation. If Owner desires to refinance any loan secured by a first deed encumbering the Property, or to borrow funds for a new loan to be secured by a junior trust deed encumbering the Property the proceeds of which are to be used to pay for repairs or the construction of improvements to the Property, then at least 15 days prior to the recordation of the deed of trust or mortgage, the Owner shall submit to the Agency in writing the following information: (a) Name and address of lender. (b) Terms of the loan, including, but not limited to, principal, and ban fees. (c) Closing date of the loan. (d) Aggregate annual income of the Owner's household. (e) Most recent federal and state income tax returns of the Owner and all other members of the Owner's or lessee's household. (f) Copy of any proposed escrow instructions, loan application, or other agreements between the Owner and the lender. nterest rate, The Agency shall have 15 days to review the information. The Owner shall submit to the Agency other written documentation reasonably requested by the Agency to verify the information set forth herein. 9. Restriction on Resale Price. Except as permitted otherwise herein, the Owner shall not resell the Property at a price higher than the greater of the following: (a) The actual purchase price by the Owner for the Property plus reasonable and customary escrow closing and title costs, and reasonable and customary brokerage commissions (not to exceed 6% of the sale price), actually incurred by the Owner in purchasing the Property and in reselling same, if any, or (b) An Affordable Housing Cost for the prospective purchaser, assuming (i) a reasonable down payment, and (ii) a 30 year fixed rate mortgage at prevailing interest rates. 8 Occupancy Requirement. (a) The Property shall be used as the principal residence of Owner and Owner's armily and for no other purpose. Owner shall not rent or lease any of the Property, including any ro0m, out -building, or other portion of the Property or accept any compensation from any person or eritity for the use of the Property. The maximum occupancy of the Property shall not exceed the maximum occupancy allowed by the San Jacinto Municipal Code or other applicable law, if any.\ (b) The Agency shall have the right to monitor whether the Property is Owner - occupied by requesting that Owner provide the Agency, no more frequently than annually, with a written certification under penalty of perjury that the Property is Owner -occupied, accompanied by supporting documentation reasonably satisfactory to the Agency. In the event of a breach or threatened breach of this Section, the Agency, the City of San Jacinto, or their successors or assigns shall be entitled to institute legal action to enforce performance of this Section, and to obtain an injunction prohibiting anyone but Owner from occupying the Property and/or requiring Owner to occupy the Property to a person or family who will occupy the Property as its primary residence. (c) These owner -occupancy restrictions may be modified or terminated only upon the approval of the Agency. Any modification must be in writing. 11. Maintenance of Property. (a) Owner shall maintain the interior and exterior of the improvements and the landscaping on the Property in a manner consistent with community standards, which will uphold the value of the Property, in accordance with this Regulatory Agreement and the San Jacinto Municipal Code. Owner shall not commit waste upon the Property. Owner shall not remove or demolish the improvements on the Property. If Owner at any time fails to so keep and maintain the Property in good condition and repair, after 30 days notice from Agency, Agency shall have a right to enter onto the Property and perform such deferred maintenance, and Owner shall promptly reimburse Agency for all costs incurred in performing such maintenance. (b) Owner shall maintain the Property free from drug -related or gang activities, and from all other form of criminal activity or public nuisance. (c) After Agency receives a Notice of Proposed Sale, Owner shall permit the Agency to inspect the Property prior to sale, upon reasonable prior notice from the Agency. Following such inspection, if the Agency determines that the Property is not in compliance with this Section, the Agency shall deliver to the Owner a list of repairs that are required to be made to the Property to comply with this Section. At Owner's sole cost and expense, Owner shall complete such repairs, or provide for such repairs to be completed, to the reasonable satisfaction of the Agency prior to the sale. With the consent of the Agency, Owner may provide for such repairs to be paid out of the portion of net sale proceeds to be paid to Owner. 12. Indemnification. Owner shall defend, indemnify, and hold harmless the Agency and the City of San Jacinto and their respective officers, agents, employees, representatives and volunteers from and against any loss, liability, claim or judgment relating in any manner to the Property or this Agreement. Owner shall remain fully obligated for the payment of taxes, liens and transfer of responsibility to the Agency to make such payments, by virtue of the Agency Subsidy. 9 13. Insurance. Owner shall maintain, during the term of the Agency Subsidy, an all-risk prcPerty insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall name the Agency as a loss payee and shall Go ntain a statement of obligation on behalf of the carrier to notify the Agency of any material ch ange, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Owner shall transmit a copy of the certificate of insurance and bss payee endorsement to Agency within thirty (30) days of the effective date of this Agreement, and Owner shall annually transmit to Agency 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 coy of the certificate of insurance and loss payee endorsement shall be transmitted to Agency at the address set forth in this Agreement. Any certificate of insurance must be in a form, content, and with companies admitted in the State of California and approved by Agency. In the event Owner fails to provide the insurance required by this Section, Agency shall have the right, but not the obligation, to obtain insurance on behalf of the Agency only, and Owner shall immediately upon demand pay Agency the premiums on insurance procured by its pursuant to this section, Agency may add the amount of any such premium to the accelerated balance due in the event of a default under this Agreement. Such added sum shall bear interest at the maximum rate provided by law until the same has been paid in full. 14. Defaults. (a) This Agreement is made pursuant to a property rehabilitation subsidy program (the "Program") designed solely for the benefit of Qualified Persons as described by the terms and conditions set forth in this Agreement. Default in such terms and conditions will result in the frustration of the Program objectives and the loss of Program funds available to assist Qualified Persons pursuant to the Program. The parties agree that Agency would have not made the Agency Subsidy but for Owner's representations, warranties, and agreement to the terms and conditions set forth in this Agreement. Therefore, in the event Owner is in default of this Agreement by fraudulently or intentionally misrepresenting the income information submitted to the Agency, or failing to occupy the Property, or by the occurrence of any event of default hereunder, Owner and Agency further agree that interest on the Agency Subsidy, from and after the date of such default, will accrue and be due and payable on demand at the rate of ten percent (10%) per annum until such defaults are cured or the Agency Subsidy is repaid through sale, foreclosure, or otherwise. (b) Failure to delay by either party to perform any term or provision of this Agreement 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 defaults 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 to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. (c) 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 until 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. 10 1 Notices. Except as otherwise expressly provided in this Regulatory Agreement, in every case when, under the provisions of this Regulatory Agreement, it shall be necessary or desirable for one party to serve any notice, request, demand, report or other communication on another party, the same shall be in writing and shall not be effective for any purpose unless served (a) prsonally, (b) by independent, reputable, overnight commercial courier, or (c) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt rerquested addressed as follows: To Owner: San Jacinto, California To Agency: Redevelopment Agency of the City of San Jacinto 201 East Main Street San Jacinto, California 92583 Attention: Executive Director Either party may change its address for notice by giving written no other party. ice thereof to the 16. Nondiscrimination. Owner covenants by and for himself, his or her heirs, executors, administrators, successors and assigns, and all persons claiming under or through him or her that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, religion, sex, marital status, familial status, disability, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, leases, subtenants, sublessees, or vendees of the Property. Owner shall refrain from restricting the rental, sale or lease of the Property on the basis of race, color, religion, sex, marital status, familial status, disability, national origin or ancestry 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 Owner herein covenants by and for himself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them; that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the Owner himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee 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 or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: Li "There shall be no discrimination against or segregation of any person or group of persons account of race, color, religion, sex, marital status, familial status, disability, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, su btenants or vendees in the premises herein leased." In contracts: "There shall be no discrimination against or segregation of any person or groupof persons on account of race, color, religion, sex, marital status, familial status, disability, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises. The foregoing shall be covenant running with the land for the benefit of Agency and City, and as a burden upon the Property, and shall remain in effect in perpetuity. 17. Rights of First Lien Holder. No violation or breach of this Regulatory Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other security instrument permitted by the Agreement and made in good faith and for value. Notwithstanding any provisions herein, this Regulatory Agreement shall not diminish or affect the rights of , or its successor and assigns (the "First Lien Lender") under that certain deed of trust ("First Lien Deed of Trust") dated and executed by the Owner in favor of the First Lien Lender and recorded in the County of Riverside on and assigned Instrument No. . Agency and Owner acknowledge and agree that this Regulatory Agreement is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Lien Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Lien Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Lien Deed of Trust, curing defaults by the Owner under the First Lien or for any other purpose expressly permitted by the First Lien Deed of Trust or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Lien Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Lien Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Owner's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Owner or a related entity to the Owner), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Lien Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the First Lien Lender acquires title to the Property pursuant to a deed in lieu of foreclosure, this instrument shall automatically terminate upon the First Lien, or diligently pursued curing the default as determined by the First Lien Lender, within the 60-day period provided in such notice sent to the Agency. 12 . Covenants Run With the Land. Notwithstanding any other provision of law, this Rgulatory Agreement shall run with the land and shall be enforceable against the Owner and saccessors in interest by the Agency or the City of San Jacinto. Except for the nondiscrimination prdovisions set forth above, which shall remain in effect in perpetuity, the requirements of this Regulatory Agreement shall remain in effect until the earlier of (a) the end of the Term, or (b) repayment in full of the Agency Subsidy with interest upon a sale to a Non -Qualified Person. This Regulatory Agreement, without regard to technical classification or designation, shall be binding for the benefit of the Agency and the City of San Jacinto, and such covenants shall run in favor of the Agency and the City of San Jacinto for the entire period during which such covenants shall be in force and effect, without regard to whether the Agency or the City of San Jacinto is or remains an owner of any land or interest therein to which such covenants relate. The Agency and the City of San Jacinto, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies, and to maintain any action at law or suits in equity or other proper proceedings to enforce the curing of such breach. If Owner is more than one person, the obligations of Owner hereunder are joint and several as to each person comprising the Owner. 19_ Changes to Agreement. Only the Agency, its successor, and assigns, and the Owner and the successors and assigns of the Owner in and to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in part, this Regulatory Agreement or to subject the Property to additional covenants, easements, or other restrictions without the consent of any tenant, lessee, easement holder, licensee, trustee, beneficiary under a deed of trust or any other person or entity having an interest less than a fee in the Property. This Regulatory Agreement shall not benefit or be enforceable by any person, or firm, or corporation, public or private, except the Agency and the Owner and their respective successors and assigns. 20. Administration. Agency may administer the terms hereof or may, from time to time assign its rights hereunder or designate another entity, person, licensed real estate broker or organization to administer the terms hereof. 21. Independent and Severable Provisions. In the event that any provision of this instrument is held by a court of competent jurisdiction to be unenforceable or invalid, such holding shall not render unenforceable any other provision hereof, each provision hereof being expressly severable and independently enforceable to the fullest extent permitted by law. 22. Successors and Assigns. The restrictions on transfer of the Property shall be binding upon Owner and Owner's heirs, successors and assigns, and shall inure to the benefit of Agency and its successors and assigns. Agency may, at its option, assign its rights under this Agreement and any related documents without obtaining the consent of the Owner. 23. Further Assurances and Recordations. Owner covenants that upon request of Agency, Owner, or its heirs, successors or assigns, will execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and agreements and do such further acts as may be necessary, desirable or proper to carry out more effectively the purpose of this instrument. At the expiration of the Term, Agency agrees to provide to Owner an instrument in recordable form that has the effect of confirming the termination of the affordable housing requirements of this instrument. 24. Relationship of Owner and Agency. The relationship of Owner and Agency pursuant to this Agreement is that of debtor and creditor and shall not be, or be construed to be a joint venture, equity venture, partnership, or other relationship. 13 25• Captions and Section Headings. Captions and section headings co nvenience only and shall not be used in construing this instrument. are for 2 . No Waiver. No waiver by Agency of its rights hereunder, or of any breach by Owner of any covenant, restriction, or condition herein contained, shall be effective unless such waiver is in writing, signed by Agency and delivered to Owner. Any waiver by Agency of its power to terminate Owner's estate herein or of any covenant, restriction, or condition herein contained, or the failure by Agency to exercise any right or remedy with respect to any breach or breaches, shall not constitute a waiver or relinquishment for the future of any rights regarding subsequent sales, or of any such covenant or condition nor bar any right or remedy of Agency in respect of any subsequent breach. 27 Entire Agreement. This instrument constitutes the entire agreement of the parties hereto, and the provisions hereof may be modified or amended only by a written instrument signed by the party to be charged. 28_ Attorney's Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees in an amount determined by the court. 29. Governing Law. Owner hereby agrees to comply with all ordinances, rules, and regulations of the Agency and the City of San Jacinto. Nothing in this Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation. This Agreement shall be governed by the laws of the State of California, including the Community Redevelopment Law. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in California. 30. Recording. Owner agrees and acknowledges that this Regulatory Agreement 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 encumbrances to the Property. 31. Income Information. Owner has submitted eligibility verification information to the Agency prior to execution of this Agreement. Owner represents, warrants, and hereby declares to the Agency under penalty of perjury under the laws of the State of California that all information Owner has provided and will provide in the future to the Agency is and will be true, correct ad complete. Owner acknowledges that the Agency is relying upon Owner's representations that Owner is a Qualified Person, and Agency would not have entered into this Agreement if Owner did not so qualify. 32. Request for Notice from Lenders. Owner shall cause a Request for Notice to be recorded on the Property requesting a statutory notice of default as set forth in the California Civil Code. Such notice shall be sent to Agency at the address set forth in this Agreement. (signature page follows) 14 WHEREFORE,— ' la5,-twriften below. (Date Signed) Agency Secretary (Date Signed) (Date Signed) (Date Signed) as of the day and year 15 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 20 , before me, personally appeared , (personally known to rne) or (proved to me on the basis of satisfactory evidence), to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/capacities, and that be his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sig nature Printed: (Seal) STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 20 , before me, personally appeared , (personally known to me) or (proved to me on the basis of satisfactory evidence), to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/capacities, and that be his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Printed: (Seal) 16 ATE OF CALIFORNIA COUNTY OF RIVERSIDE On 20 , before me, personally appeared , (personally known o rne) or (proved to me on the basis of satisfactory evidence), to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/capacities, and that be his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Printed: (Seal) 17 18 RCORDED REQUESTED BY and HEN RECORDED MAIL TO: CFTY CLERK REDEVELOPMENT AGENCY OF THE CIS OF SAN JACINTO 201 EAST MAIN STREET SIN JACINTO, CALIFORNIA 92583 (E)cempt from Recording Fees Per Government Code §6103.) REQUEST FOR NOTICE UNDER SECTION 2924b CIVIL CODE (Space Above Provided Fo REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO In accordance with Civil Code, section 2924b, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No. on , Official Records of Riverside, California, executed by as Trustor in which is named as Benficiary and as Trustee be mailed to: CITY CLERK REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 201 EAST MAIN STREET SAN JACINTO, CALIFORNIA 92583 NOTICE: A copy of any notice of default and any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO (Signature) (Printed Name) (Title) (Date Signed) 19 Title main St emplyees0036 Photo Date/Time 2003/12/02 „ OF S'ote0124-3 go0J;' PoF SL AGENDA ITEM.0 December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: San Jacinto Unified School District - Joint Community Facilities District Agreements RECOMMENDATION: Consider and adopt the accompanying resolution approving the accompanying two (2) Joint Community Facilities District Agreements and authorize the City Manager to execute the same. BACKGROUND: Under the Mello -Roos Community Facilities Act of 1982 (Gov. Code, §§ 53300 et seq.), school districts such as the San Jacinto Unified School District ("SJUSD") are authorized to issue bonds, the proceeds of which can be used to pay development impact fees imposed by other local agencies such as the City of San Jacinto. In order to do so, the two public agencies must first enter into a joint community facilities agreement. The purpose of the agreement is to assure the agency issuing the bonds and future bondholders that the proceeds of those bonds will be used for appropriate purposes (i.e., public facilities for the City). The applicants who are proposing the formation of the CFD are Cove One Partners LLC, (CFD 2003-01) and Empire Homes S.J. 137, LP and Gateway Inland, LLC (CFD 2003-02). City staff wishes to ensure that the subject properties that are not currently obligated to do so will be obligated to join the City's financing districts. Therefore, the resolution approving the joint facilities agreements requires any property owners not otherwise subject to such a development agreement to agree to join the City's financing road maintenance and police/fire services districts. JUSTIFICATION: The agreement is required in order for the City to receive funding from the proceeds of SJUSD's bond issuance. Page 1 of 2 RVPUB\JSB\663488 A City Manager: Finance Director: BUDGETARY IMPACT: The approval of these agreements itself will not have any direct or immediate financial impact. However, by doing so, the City will enable the property owners to use SJUSD bond proceeds to pay for City -imposed development impact fees, thereby assisting the City in providing capital improvements within the City. ATTACHMENTS: Resolution Approving Agreements Joint Community Facilities Agreements (2) RVPUBIJSB1660194 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING CERTAIN JOINT COMMUNITY FACILITIES AGREEMENTS BETWEEN THE CITY OF SAN JACINTO, CALIFORNIA AND THE SAN JCINTO UNIFIED SCHOOL DISTRICT CONCERNING COMMUNITY FACILITIES DISTRICT NOS. 2003-1 AND 2003-2 OF THE SAN JACINTO UNIFIED SCHOOL DISTRICT WHEREAS, pursuant to Section 53316.2 of the California Government Code, the City of San Jacinto ("City") and the San Jacinto Unified School District ("SJUSD") are required to enter into a joint community facilities agreement in order for the proceeds of certain bonds issued by the Community Facilities District Nos. 2003-1 and 2003-2 of the San Jacinto Unified School District (the "CFD") to be used by the City for the acquisition, construction and installation of city facilities pursuant to the Mello -Roos Community Facilities District Act of 1982 (the "Act"); and WHEREAS, pursuant to Section 53316.2 of the California Government Code, the City Council ("City Council") of the City wishes to approve the attached joint community facilities agreements with SJUSD for use of bond proceeds for the acquisition, construction and installation of city facilities; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Approval of Agreements. The City Council of the City of San Jacinto hereby approves the two (2) Joint Community Facilities Agreements between the City of San Jacinto, California and the San Jacinto Unified School District, in the form attached hereto as Exhibit "A" and incorporated by reference herein. The City Manager is hereby authorized to execute and otherwise administer such agreements and any Page 1 of 3 RVPUB\JSB\663491 amendments thereto in consultation with the City Attorney, in accordance with the Mello -Roos Community Facilities District Act of 1982. SECTION 3. The approval of the accompanying agreements shall not result in a violation of the City's Land Secured Financing Policy, including, without limitation, that policy's debt burden limitation, when applied to property that is located within the subject SJUSD CFDs and the City's road and street Assessment District No. 2003-1 and police and fire services CFD No. 2003-1. Execution of the attached agreements shall be conditioned upon the execution of an enforceable contract between the subject property owner(s) and City, in a form and substance acceptable to the City Manager and City Attorney, wherein said property owner(s) agree(s) to include the subject property within the City's road and street Assessment District No. 2003-1 and police and fire services CFD No. 2003-1. SECTION 4. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 18th day of December, 2003, by the following vote Vote: Ayes: Nays: Abstain: ATTEST: Dorothy Chouinard, City Clerk Page 2 of 3 City of San Jacinto by Jim Ayres, Mayor RVPUB\JSB\663491 EXHIBIT "A" JOINT COMMUNITY FACILITIES AGREEMENTS TWO (2) [TO BE ATTACHED, Page 3 of 3 RVPU B\JS B\663491 SAN JACINTO UNIFIED SCHOOL DISTRICT and CITY OF SAN JACINTO Dated as of , 2003 Community Facilities District No. 2003-1 of the San Jacinto Unified School District DOCSLA1:457453.2 41453-4 GH1 DOCSLAI :457453.2 41453-4 GH I JOINT COMMUNITY FACILITIES AGREEMENT THIS JOINT COMMUNITY FACILITIES AGREEMENT (this "Facilities Agreement"), dated as of , 2003, is by and between the SAN JACINTO UNIFIED SCHOOL DISTRICT, a school district organized and existing under and by virtue of the laws of the State of California (the "School District"), and the CITY OF SAN JACINTO, a municipal corporation and general law city organized and existing under and by virtue of the laws of the State of California (the "City"). VVITNESSETH: WHEREAS, Cove One Partners, LLC (the "Property Owner"), has submitted to the Board of Trustees of the School District (the "Board of Trustees") a petition to institute proceedings under the Mello -Roos Community Facilities Act of 1982 (the "Act") to establish a community facilities district; WHEREAS, pursuant to the Act and said petition, the Board of Trustees has instituted proceedings to establish Community Facilities District No. 2003-1 of the San Jacinto Unified School District (the "Community Facilities District"), to authorize the levy of special taxes (the "Special Taxes") upon the land within the Community Facilities District and to issue bonds (the "Bonds") secured by the Special Taxes, the proceeds of which are to be used to finance certain public facilities; WHEREAS, the Property Owner is the owner of all of the property within the proposed boundaries of the Community Facilities District; WHEREAS, the facilities proposed to be financed by the Community Facilities District include certain facilities to be owned and operated by the City (the "City Facilities") and certain facilities to be owned and operated by Eastern Municipal Water District (the "Water District Facilities"); WHEREAS, all of the facilities proposed to be financed by the Community Facilities District other than the City Facilities and the Water District Facilities (the "School District Facilities") will be owned and operated by the School District; WHEREAS, Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the community facilities district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to said Section; WHEREAS, Section 53316.2 of the Act further provides that at any time prior to the adoption of the resolution of foiiiiation creating a community facilities district, the legislative bodies of two or more local agencies may enter into a joint community facilities agreement pursuant to said Section and Sections 53316.4 and 53316.6 of the Act to exercise any power authorized by the Act with respect to the community facilities district being created if the legislative body of each entity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that entity; DOCSLA1:457453.2 41453-4 GH1 1 WHEREAS, the Board of Trustees and the City Council of the City have each adopted such a resolution; WHEREAS, subsection (e) of Section 53316.2 of the Act provides that, notwithstanding any other provision of the Act, no local agency which is party to a joint exercise of powers agreement or joint community facilities agreement shall have primary responsibility for formation of a community facilities district unless that agency is one or more of certain specified types of agencies, including an agency that is reasonably expected to have responsibility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the community facilities district or districts created pursuant to the joint exercise of powers agreement or the joint community facilities agreement than any other local agency; WHEREAS, the School District has determined that the School District Facilities will be financed by a larger share of the proceeds of the Special Taxes and the Bonds than the City Facilities or the Water District Facilities; and WHEREAS, the School District and the City desire to enter into this Facilities Agreement in accordance with Sections 53316.2, 53316.4 and 53316.6 of the Act in order to provide for the financing of the City Facilities through the issuance of Bonds by the Community Facilities District; NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. The Community Facilities District; Issuance of Bonds. The Board of Trustees shall, in its sole discretion, determine whether and when it may be appropriate to establish the Community Facilities District. In no event shall the City have any right to compel the Board of Trustees to establish the Community Facilities District. The School District shall engage such consultants as it may deem necessary or appropriate to facilitate the establishment of the Community Facilities District. The City shall have no responsibility for any costs incurred by the School District in connection with the establishment of the Community Facilities District. It is anticipated that the Community Facilities District will issue Bonds to finance the acquisition, construction and installation of the School District Facilities, the City Facilities and the Water District Facilities. If the Community Facilities District is established, the Board of Trustees, acting as the legislative body of the Community Facilities District, shall, in its sole discretion, determine whether, when, under what conditions and to what extent Bonds shall be issued to finance the acquisition, construction and installation of the School District Facilities, the City Facilities or the Water District Facilities, or any combination thereof. In no event shall the City have any right to compel the Community Facilities District to issue Bonds to finance the acquisition, construction and installation of City Facilities or to disburse Bond proceeds to pay the costs of the acquisition, construction and installation of City Facilities. Section 2. City Facilities. The City Facilities, including any real or tangible property which is to be purchased, constructed, expanded or rehabilitated, are described in Exhibit A attached hereto. DOCSLA I :457453.2 41453-4 OH 1 2 It is anticipated that the Community Facilities District will provide up to $ in Bond proceeds to finance the acquisition, construction and installation of the City Facilities. If the Community Facilities District issues Bonds, a portion of the proceeds of which are to be available to finance the acquisition, construction and installation of the City Facilities, the School District shall, or shall cause the Community Facilities District to, notify the City of the amount of such proceeds available for such purpose within 15 days of such proceeds becoming so available. The School District makes no representation that, if proceeds of Bonds are made available to finance the acquisition, construction and installation of the City Facilities, that such proceeds will be sufficient to finance the acquisition, construction and installation of all of the City Facilities, and neither the School District nor the Community Facilities District shall have any liability to the City if such proceeds are insufficient for such purpose. If the Community Facilities District does not issue Bonds to finance the acquisition, construction and installation of . construction and . the City Facilities, neither the School District nor the Community Facilities District shall have . any obligation to provide any amounts to finance or pay the costs of the acquisition, construction and installation of the City Facilities. The City shall not apply any of the proceeds of the Bonds to the purchase of any City Facilities unless such City Facilities were constructed as if they had been constructed under the direction and supervision, or under the authority of, the City. Section 3. Disbursements. Bond proceeds available for the acquisition, construction and installation of the City Facilities shall be deposited in a special account (the "City Facilities Account") to be established under the Indenture pursuant to which the Bonds are issued. Moneys on deposit in the City Facilities Account shall be invested and disbursed at the direction of the Community Facilities District. To the extent that Bond proceeds are available therefor, the Community Facilities District shall cause disbursements to be made from the City Facilities Account from time to time to pay the costs of the acquisition, construction and installation of the City Facilities upon submission of a written request of the City stating (a) the name and address of the person to whom payment is to be made, (b) the amount to be paid, (c) that an obligation in such amount has been incurred by the City, (d) the purpose for which the obligation to be paid was incurred, (e) that each item of the obligation to be paid constitutes a cost of the City Facilities, (f) that the obligation to be paid has not been the subject of a prior City request for disbursement from the City Facilities Account, and (g) if the amount requested to be disbursed is to be applied to the purchase of any City Facilities, that such City Facilities were constructed as if they had been constructed under the direction and supervision, or under the authority of, the City. The Community Facilities District shall process in a timely manner written requests for disbursements received from the City that conform to the requirements hereof. Section 4. Construction, Ownership and Maintenance of School District Facilities and City Facilities. The School District shall be solely responsible for the acquisition, construction and installation of the School District Facilities, and the City shall have no responsibility therefor or liability with respect thereto. The School District Facilities shall be and remain the sole and separate property of the School District and shall be operated, maintained and utilized by the School District. The City shall not have any ownership interest in the School DOCSLA1:457453.2 41453-4 GH1 3 District Facilities, and the City shall have no responsibility for the operation, maintenance o utilization of the School District Facilities or any liability with respect thereto. The City shall be solely responsible for the acquisition, construction and installation of the City Facilities, and the School District shall have no responsibility therefor or liability with respect thereto. The City Facilities shall be and remain the sole and separate property of the City and shall be operated, maintained and utilized by the City. The School District shall not have any ownership interest in the City Facilities, and the School District shall have no responsibility for the operation, maintenance or utilization of the City Facilities or any liability with respect thereto. Section 5. Tax Matters. In connection with the issuance of any Bonds, a portion of the proceeds of which are to be made available to finance the acquisition, construction and installation of City Facilities, the City agrees to execute and deliver such certifications and agreements as may be reasonably required in order for bond counsel to conclude that interest on such Bonds will be excluded from gross income under Section 103 of the Internal Revenue Code of 1986. Section 6. Indemnification. The School District agrees to protect, indemnify, defend and hold the City, and its officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits actions, decrees, judgments, awards, attorneys' fees and court costs which the City, or its officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of the acquisition, construction, installation, operation, maintenance or utilization of the School District Facilities. If the School District fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct and incidental costs of such defense, including any attorneys' fees or court costs, to and recover the same from the School District. No indemnification is required to be paid by the School District for any claim, loss or expense arising from the willful misconduct or negligence of the City, or its officers, employees or agents. The City agrees to protect, indemnify, defend and hold the School District and the Community Facilities District, and their respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits actions, decrees, judgments, awards, attorneys' fees and court costs which the School District or the Community Facilities District, or their respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the School District or the Community Facilities District, or their respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of the acquisition, construction, installation, operation, maintenance or utilization of the City Facilities. If the City fails to do so, the School District and the Community Facilities District shall have the right, but not the obligation, to defend the same and charge all of the direct and incidental costs of such defense, including any attorneys' fees or court costs, to and recover the same from the City. DOCSLA1:457453.2 41453-4GH1 4 No indemnification is required to be paid by the City for any claim, loss or expense arising from the willful misconduct or negligence of the School District or the Community Facilities District, or their respective officers, employees or agents. Section 7. Nature of Agreement; Allocation of Special Taxes. This Facilities Agreement shall constitute a joint community facilities agreement entered into pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Act. The entire amount of the proceeds of the Special Taxes shall be allocated and distributed to the School District Section 8. Third -Party Beneficiary. If and when established, the Community Facilities District shall be a third -party beneficiary of this Facilities Agreement. Section 9. Limitation of Rights to Parties. Nothing in this Facilities Agreement expressed or implied is intended or shall be construed to give to any person other than the School District, the City and the Community Facilities District, any legal or equitable right, remedy or claim under or in respect of this Facilities Agreement or any covenant, condition or provision herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the School District, the City and the and the Community Facilities District. Section 10. Notices. All written notices to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely: If to the School District: San Jacinto Unified School District 2045 South San Jacinto Avenue San Jacinto, California 92583 Attention: Assistant Superintendent, Business and Facilities If to the City: City of San Jacinto 201 East Main Street San Jacinto, California 92583 Attention: City Manager Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier, upon the sender's receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 11. California Law. This Facilities Agreement shall be governed and construed in accordance with the laws of the State of California. DOCSLA1:457453.2 41453-4 GH 1 5 Section 12. Severability. If any part of this Facilities Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Facilities Agreement shall be given effect to the fullest extent reasonably possible. Section 13. Successors. This Facilities Agreement shall be binding upon and inure to the benefit of the successors of the parties hereto. Section 14. Counterparts. This Facilities Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Facilities Agreement as of the date first written above. DOCSLA1:457453.2 41453-4 GH1 6 SAN JACINTO UNIFIED SCHOOL DISTRICT By: CITY OF SAN JACINTO By: EXHIBIT A DESCRIPTION OF CITY FACILITIES The types of facilities to be purchased, constructed, expanded or rehabilitated by the City are street improvements including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, public parks and recreation facilities and land, fire station improvements, rights -of -way and easements necessary for any of such facilities. DOCSLA 1:457453.2 41453-4 GH I A-1 SAN JACINTO UNIFIED SCHOOL DISTRICT and CITY OF SAN JACINTO Dated as of , 2003 Community Facilities District No. 2003-2 of the San Jacinto Unified School District DOCSLA1:459547.1 DOCSLA1:459547.1 JOINT COMMUNITY FACILITIES AGREEMENT THIS JOINT COMMUNITY FACILITIES AGREEMENT (this "Facilities Agreement"), dated as of , 2003, is by and between the SAN JACINTO UNIFIED SCHOOL DISTRICT, a school district organized and existing under and by virtue of the laws of the State of California (the "School District"), and the CITY OF SAN JACINTO, a municipal corporation and general law city organized and existing under and by virtue of the laws of the State of California (the "City"). VVITNESSETH: WHEREAS, Empire Homes S.J. 137, LP and Gateway Inland, LLC (together, the "Property Owners"), have submitted to the Board of Trustees of the School District (the "Board of Trustees") a petition to institute proceedings under the Mello -Roos Community Facilities Act of 1982 (the "Act") to establish a community facilities district; WHEREAS, pursuant to the Act and said petition, the Board of Trustees has instituted proceedings to establish Community Facilities District No. 2003-2 of the San Jacinto Unified School District (the "Community Facilities District"), to authorize the levy of special taxes (the "Special Taxes") upon the land within the Community Facilities District and to issue bonds (the "Bonds") secured by the Special Taxes, the proceeds of which are to be used to finance certain public facilities; WHEREAS, the Property Owners are the owners of more than 10% of the property within the proposed boundaries of the Community Facilities District; WHEREAS, the facilities proposed to be financed by the Community Facilities District include certain facilities to be owned and operated by the City (the "City Facilities") and certain facilities to be owned and operated by Eastern Municipal Water District (the "Water District Facilities"); WHEREAS, all of the facilities proposed to be financed by the Community Facilities District other than the City Facilities and the Water District Facilities (the "School District Facilities") will be owned and operated by the School District; WHEREAS, Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the community facilities district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to said Section; WHEREAS, Section 53316.2 of the Act further provides that at any time prior to the adoption of the resolution of formation creating a community facilities district, the legislative bodies of two or more local agencies may enter into a joint community facilities agreement pursuant to said Section and Sections 53316.4 and 53316.6 of the Act to exercise any power authorized by the Act with respect to the community facilities district being created if the legislative body of each entity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that entity; DOCSLA1:459547.1 WHEREAS, the Board of Trustees and the City Council of the City have each adopted such a resolution; WHEREAS, subsection (e) of Section 53316.2 of the Act provides that, notwithstanding any other provision of the Act, no local agency which is party to a joint exercise of powers agreement or joint community facilities agreement shall have primary responsibility ` for foiiiiation of a community facilities district unless that agency is one or more of certain specified types of agencies, including an agency that is reasonably expected to have responsibility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the community facilities district or districts created pursuant to the joint exercise of powers agreement or the joint community facilities agreement than any other local agency; WHEREAS, the School District has determined that the School District Facilities will be financed by a larger share of the proceeds of the Special Taxes and the Bonds than the City Facilities or the Water District Facilities; and WHEREAS, the School District and the City desire to enter into this Facilities Agreement in accordance with Sections 53316.2, 53316.4 and 53316.6 of the Act in order to provide for the financing of the City Facilities through the issuance of Bonds by the Community Facilities District; NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. The Community Facilities District; Issuance of Bonds. The Board of Trustees shall, in its sole discretion, determine whether and when it may be appropriate to establish the Community Facilities District. In no event shall the City have any right to compel the Board of Trustees to establish the Community Facilities District. The School District shall engage such consultants as it may deem necessary or appropriate to facilitate the establishment of the Community Facilities District. The City shall have no responsibility for any costs incurred by the School District in connection with the establishment of the Community Facilities District. It is anticipated that the Community Facilities District will issue Bonds to finance the acquisition, construction and installation of the School District Facilities, the City Facilities and the Water District Facilities. If the Community Facilities District is established, the Board of Trustees, acting as the legislative body of the Community Facilities District, shall, in its sole discretion, determine whether, when, under what conditions and to what extent Bonds shall be issued to finance the acquisition, construction and installation of the School District Facilities, the City Facilities or the Water District Facilities, or any combination thereof In no event shall the City have any right to compel the Community Facilities District to issue Bonds to finance the acquisition, construction and installation of City Facilities or to disburse Bond proceeds to pay the costs of the acquisition, construction and installation of City Facilities. Section 2. City Facilities. The City Facilities, including any real or tangible property which is to be purchased, constructed, expanded or rehabilitated, are described in Exhibit A attached hereto. DOCSLA1:459547.I 2 It is anticipated that the Community Facilities District will provide up to $ in Bond proceeds to finance the acquisition, construction and installation of the City Facilities. If the Community Facilities District issues Bonds, a portion of the proceeds of which are to be available to finance the acquisition, construction and installation of the City Facilities, the School District shall, or shall cause the Community Facilities District to, notify the City of the amount of such proceeds available for such purpose within 15 days of such proceeds becoming so available. The School District makes no representation that, if proceeds of Bonds are made available to finance the acquisition, construction and installation of the City Facilities, that such proceeds will be sufficient to finance the acquisition, construction and installation of all of the City Facilities, and neither the School District nor the Community Facilities District shall have any liability to the City if such proceeds are insufficient for such purpose. If the Community Facilities District does not issue Bonds to finance the acquisition, construction and installation of the City Facilities, neither the School District nor the Community Facilities District shall have any obligation to provide any amounts to finance or pay the costs of the acquisition, construction and installation of the City Facilities. The City shall not apply any of the proceeds of the Bonds to the purchase of any City Facilities unless such City Facilities were constructed as if they had been constructed under the direction and supervision, or under the authority of, the City. Section 3. Disbursements. Bond proceeds available for the acquisition, construction and installation of the City Facilities shall be deposited in a special account (the "City Facilities Account") to be established under the Indenture pursuant to which the Bonds are issued. Moneys on deposit in the City Facilities Account shall be invested and disbursed at the direction of the Community Facilities District. To the extent that Bond proceeds are available therefor, the Community Facilities District shall cause disbursements to be made from the City Facilities Account from time to time to pay the costs of the acquisition, construction and installation of the City Facilities upon submission of a written request of the City stating (a) the name and address of the person to whom payment is to be made, (b) the amount to be paid, (c) that an obligation in such amount has been incurred by the City, (d) the purpose for which the obligation to be paid was incurred, (e) that each item of the obligation to be paid constitutes a cost of the City Facilities, (f) that the obligation to be paid has not been the subject of a prior City request for disbursement from the City Facilities Account, and (g) if the amount requested to be disbursed is to be applied to the purchase of any City Facilities, that such City Facilities were constructed as if they had been constructed under the direction and supervision, or under the authority of, the City. The Community Facilities District shall process in a timely manner written requests for disbursements received from the City that conform to the requirements hereof Section 4. Construction, Ownership and Maintenance of School District Facilities and City Facilities. The School District shall be solely responsible for the acquisition, construction and installation of the School District Facilities, and the City shall have no responsibility therefor or liability with respect thereto. The School District Facilities shall be and remain the sole and separate property of the School District and shall be operated, maintained and utilized by the School District. The City shall not have any ownership interest in the School DOCSLA1:459547.1 3 District Facilities, and the City shall have no responsibility for the operation, maintenance or utilization of the School District Facilities or any liability with respect thereto. The City shall be solely responsible for the acquisition, construction and installation of the City Facilities, and the School District shall have no responsibility therefor or liability with respect thereto. The City Facilities shall be and remain the sole and separate property of the City and shall be operated, maintained and utilized by the City. The School District shall not have any ownership interest in the City Facilities, and the School District shall have no responsibility for the ,operation, maintenance or utilization of the City Facilities or any liability with respect thereto. Section 5. Tax Matters. In' connection with the issuance of any Bonds, a portion of the proceeds of which are to be made available to finance the acquisition, construction and installation of City Facilities, the City agrees to execute and deliver such certifications and agreements as may be reasonably required in order for bond counsel to conclude that interest on such Bonds will be excluded from gross income under Section 103 of the Internal Revenue Code of 1986. Section 6. Indemnification. The School District agrees to protect, indemnify, defend and hold the City, and its officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits actions, decrees, judgments, awards, attorneys' fees and court costs which the City, or its officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of the acquisition, construction, installation, operation, maintenance or utilization of the School District Facilities. If the School District fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct and incidental costs of such defense, including any attorneys' fees or court costs, to and recover the same from the School District. No indemnification is required to be paid by the School District for any claim, loss or expense arising from the willful misconduct or negligence of the City, or its officers, employees or agents. The City agrees to protect, indemnify, defend and hold the School District and the Community Facilities District, and their respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits actions, decrees, judgments, awards, attorneys' fees and court costs which the School District or the Community Facilities District, or their respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the School District or the Community Facilities District, or their respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of the acquisition, construction, installation, operation, maintenance or utilization of the City Facilities. If the City fails to do so, the School District and the Community Facilities District shall have the right, but not the obligation, to defend the same and charge all of the direct and incidental costs of such defense, including any attorneys' fees or court costs, to and recover the same from the City. DOCSLAI :459547. I 4 No indemnification is required to be paid by the City for any claim, loss or expense arising from the willful misconduct or negligence of the School District or the Community Facilities District, or their respective officers, employees or agents. Section 7. Nature of Agreement; Allocation of Special Taxes. This Facilities Agreement shall constitute a joint community facilities agreement entered into pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Act. The entire amount of the proceeds of the Special Taxes shall be allocated and distributed to the School District. Section 8. Third -Party Beneficiary. If and when established, the Community Facilities District shall be a third -party beneficiary of this Facilities Agreement. Section 9. Limitation of Rights to Parties. Nothing in this Facilities Agreement expressed or implied is intended or shall be construed to give to any person other than the School District, the City and the Community Facilities District, any legal or equitable right, remedy or claim under or in respect of this Facilities Agreement or any covenant, condition or provision herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the School District, the City and the and the Community Facilities District. Section 10. Notices. All written notices to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely: If to the School District: If to the City: San Jacinto Unified School District 2045 South San Jacinto Avenue San Jacinto, California 92583 Attention: Assistant Superintendent, Business and Facilities City of San Jacinto 201 East Main Street San Jacinto, California 92583 Attention: City Manager Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier, upon the sender's receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 11. California Law. This Facilities Agreement shall be governed and construed in accordance with the laws of the State of California. DOCSLAI :459547.1 5 Section 12. Severability. If any part of this Facilities Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Facilities Agreement shall be given effect to the fullest extent reasonably possible. Section 13. Successors. This Facilities Agreement shall be binding upon and inure to the benefit of the successors of the parties hereto. Section 14. Counterparts. This Facilities Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Facilities Agreement as of the date first written above. SAN JACINTO UNIFIED SCHOOL DISTRICT By: CITY OF SAN JACINTO By: DOCSLA1:459547.1 6 EXHIBIT�k � ` DESCRIPTION OF CITY FAC8 The types of to be b"thc(��ynz�ntrcet ` - ` ` co��on�� street and street lights ` grading,paving, gutters, ' � ~' � ' ~ parkway and landscaping related thereto,sewers,stormdrains, public ' parks and 'oo` facilities and land,'� fire station ` improvements, 'ghts-of-way and easements`^necessaryfor anyof ^- auchfacilitica. ` AGENDA ITE December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk - SUBJECT: Committee and/or Agency Agendas RECOMMENDATION: Receive and file. BACKGROUND: Information per Council's request. JUSTIFICATION: None BUDGETARY IMPACT: None ATTACHMENTS: Library RCTC RTA VEDC WROG Page 1 of 1 2/#02/2003 1 • Sul* Notes: 9 9 4 8 78 0 6 9- SAJ PAGE 01 4,- Numbe -•• too countimcirirtz.Fri optrate.d 1-Sbrarir syllorm toty1cei. Ava nue: ftisillt-itd1, CA 2,SQ7 SOS)1C94.003 rAX (C*).':C2-CdGi FAGSE TRNSM1SSIQ1 COVER 1 es sera: itIcluding coves- sbeet, ((items r;cai'vedar rpc or qucttry cr raccmpra0, pte atQUryUIe iztacW ffsted above. Thank YuU • . ,.,. . —....,--.- •1:'•,'---.1.-f. ---"°'''' L''''''177;'-'7- - 4;„,„ ....,-4-7,-„,„.„„.„--'7-4, ),,„ ''' sac,,2....,•--,-, .,,,-E„..1,77„,"-T.,' r..,,,,,I,A,',..„,r.,,,,Cka:„.:".;,,,', • '_ .r.., _ 4v;,•,..,:t.: 4 ......• -,..” ,.,........."=''''' ,..... ''"_„„-?-.-..--•—• •-••,-----^•-•••--:2—'--- Smn Jacinto Branch Lib Subm d by Elise Ka anager November 2003 November proved to be a very busy and productive mo days out of the month for a total of 217 hours.The number of patrons the library doors was 1,000. There were 540 reference Clues had 25 class visits with the tota conference rooms had 24 group bo answ s topp as opened 22 who walked ed and I attended a CPR class put on byAmerican Medical Response. It was very informative and well taught. Having a small class size and lots of skill repetition was most helpful. was invited by a member of the San Jacinto Woman's Club to attend a Western themed lunch their club was having. I was also the guest speaker at the San Jacinto Rotary lunch on November 19t''. I attended a De Anza Elementary School staff meeting and gave a brief overview of the library and encouraged the teachers to bring in their classes for tours of the library. Thanks to Councilman Jim Conner, we now have d rectional signs to the library on Ramona Blvd and State Street. Brenda Ruvalcaba, one of our library assistants, put on a Cat in the Hat program that was very successful. We will be doing it again for Dr. Seuss' birthday in March. Our Pre - School Story Time is on holiday break and will resume the beginning of next year. We added another patron computer with Internet access. We now have 4 computers that are available for 30-minute time slots and a Fast Track computer with a 15-minute time slot. There were 35 donated items added to the collection and 25 new items added the month of November. RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGENDA* *Actions may be taken on any item listed on the agenda BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a Commission meeting, please contact the Clerk of the Commission at (909) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENTS (Items not listed on the agenda) 4. APPROVAL OF MINUTES — November 12, 2003 5. PUBLIC HEARING - FEDERAL TRANSIT ADMINISTRATION'S SECTION 5307 PROGRAM OF PROJECTS FOR RIVERSIDE/SAN BERNARDINO, HEMET/SAN JACINTO, TEMECULA/MURRIETA, AND LOS ANGELES/LONG BEACH/SANTA ANA URBANIZED AREAS Overview This item is for the Commission to: 1) Conduct a public hearing to receive input and comments on the proposed Federal Transit Administration's (FTA) Section 5307 Program of Projects for Riverside/San Bernardino, Hemet/San Jacinto, Temecula/Murrieta and Los Angeles/Long Beach/Santa Ana Urbanized Areas; 2) Close the public hearing; and, and maintain the improvements required therein. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until the following conditions are satisfied: (a) Developer replaces existing security placed with the City of San Jacinto by PR Equities, LID, in the form and amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Riverside. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer. 2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Tract No. 24054, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 24054 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "A," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements. 2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property. 2.3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public RVPUBWMXM\G0G513 PAGE 3OF14 SUBDTVISION IMPROVEMENT AGREEMENT (Updated: Febmary, 2001) Improvements conform with all other requirements and standards set forth in this Agreement 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and locallaws, ordinances. regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improve- ments. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer RVPUa\MXM\506513 PAGE 4 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance. 4.0 Construction Schedule.' Unless extended pursuant to this Section 4.1 of, this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following acceptance of subdivision improvements securities for Tract No. 24054. 4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of lathes, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder.' In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. 24054 shall confoini to all federal, state, and local laws, ordinances, regulations, and other requirements, including City' s grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et seq. of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 24054 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve RVPUB\MXM'606513 PAGE 5 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 200]) each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City';s jurisdictional limits. All utilities shall be installed underground. 7.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No.24054. 8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default; Notice: Re edies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City' s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City' s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City' s demand for performance. In the event City elects to completeor arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and R VPUB\MXM160G513 PAGE 6 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) thereafter recover from Developer or its surety the full cost and expense incurred. 9.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney' s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 11.0 Acceptance of Improvements: As -Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder' s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. Tract No. 24054 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City' s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein. 12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or RVPUB'L,1XM\b06513 PAGE 7 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City' s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer' s warranty obligation under this section shall survive the expiration or termination of this Agreement. 13.0 Securitv: Surety Bonds. Prior to execution of his Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping ("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer' s compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify Developer' s indemnification obligation provided in Section 16.0 of this Agreement. 13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer' s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of Five Hundred Ten Thousand Three Hundred Fifty Five Dollars and Fifty Seven Cents, which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 24054, and the total remaining security is not less than twenty- five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 24054. 13.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of Five Hundred Ten Thousand Three Hundred Fifty Five Dollars and Fifty Seven Cents, which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of Citys anticipated administrative and legal expenses arising out of such claims. R VPU BMCV R606513 PAGE 8 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best' s rating of no less than A:VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney' s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security. 13.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit `, B", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "B" and incorporated herein by this reference. 14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 24054 in compliance with the applicable provisions of City' s Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash with City in the amount of Two Thousand Five Hundred ($2,500.00), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 24054. 15.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13.0 et seq. and 14.0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to Sections 13.0 et sec . and 14.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or RVPUBgb1XMYi06513 PAGE 9 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) arising out of construction or maintenance of the Public Improvements, orperfouuance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of Agency, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Consultant' s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall no be restricted to insurance proceeds, if any, received by Agency, its elected officials, officers, employees, or agents. 17.0 Insurance. 17.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and eiuployers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such R VPUB'i 4XMV606513 PAGE 10 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February. 2001) deductibles or self -insured retentions as respects City, its elected officials, officers, employees, agents. and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 17.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 17.5 Certificates; Verification. Developer and its contractors shall furnish City original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City. 17.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII. 18.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal. 19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this R VPUBlMXM\606513 PAGE 11 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Agreement, any map related to Tract No. 24054, nor any other related entitlement,permit,' or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer' s'contractors and subcontractors are exclusively and solely under the control and dominion of Developer; Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 20.0 General Provisions. 20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: DEVELOPER: City of San Jacinto 201 E. Main St. San Jacinto, CA 92583 Community Development Director (909) 487-7330 Western Pacific Housing, Inc. 16755 Von Kaman Ave, Suite 200 Irvine, CA 92606 (949) 442-6199 Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. R VPUB\MXM\606513 20.5 Amendment; Modification. No supplement, modification, or amendment of PAGE 12 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) ent shall be binding unless executed in writing and signed by both P aiver. City' s failure to insist upon strict compliance with any provision of his Agreement or to exercise any right or privilege provided herein, or City' s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether Citys actions are ntentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City' s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. RVPUBNXM\606513 PAGE 13 OF 14 SUBDIVISION rMPROVEMENT AGREEMENT (Updated: February, 2001) 20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. CITY OF SAN JACINTO By: (signature) Peter A. Cosentini City Manager ATTEST: By: (signature) Dorothy L. Chouinard City Clerk City of San Jacinto By: Chris Chambers Western Pacific Housing, Inc. Vice President Jon Myhre Western Pacific Housing, Inc. Assistant Secretary NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER' S BUSINESS ENTITY. R VPUBIMXM1b0G513 PAGE 14 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) STATE OF CALIFORNL COUNTY OF ACACKNOWLEDGMENT } } } On t i. is 2003, before me, the undersigned notary public, personally appeared , (X)personally known to me OR ( )the basis •f- at sfactory-evide ce to be the—person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in hic/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wl'INESS my hand and official seal. SignatureNotary RVP1113\MXM606513 LE_IG;H R CCALEB Commission tR 1336167 Not iry Public - California Orange County My Comm. Expires Dec 23, 2CK15 CAPACITY CLAIMED RY SIGNER: Individual(s) _Corporate _ Partner(s) Attorney -in -Fact Trustee(s) Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTLTY(IES) SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) EXHIBIT PUBLIC IMPROVEMENTS TRACT NO.24054 Sew. er System $ 85,550.00 Water Distribution $ 96,800.00 Storm drain Contract $ 17,850.00 Street Improvements $227,682.45 Street Lights $ 15,905.00 Contingency $ 66,568.12 Total $510,355.57 RV1UB MXMt60G513 B-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) EXHIBIT "B" SURETY BONDS AND OTHER SECURITY TRACT NO. 24054 As evidence of understanding the provisions contained in this Agreement, and of the Developer' s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: $510,355.57 Arch hnsurance Company MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $510,355.57 Arch Insurance Company CASH MONUMENT SECURITY: $2,500.00 Amount deposited per Cash Receipt No.: 67354 Date: November 24, 2003 RVFUB`MXM\COGS I3 C-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) FIRSTTERM PREMIUM. IS FULLY EARNED BOND NO, SU 5002258 INITIAL PREMIUM; 83,828.00 / '2 Yeas SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 24054 IMPROVEMENTS PERFORMANCE BONA KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, A Delaware Corporation ("Developers"), have executed en agreement for work consisting of; but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, crabs and gutters, pathways, storm drains; sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 24054 ("Public Improvements"); WHEREAS, the Public improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated July 2 5th 2003, ("improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder, NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in. the sum of Five Hundred Ten Thousand Three Hundred Fifty Five Dollars and Fifty Seven Cents, said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and RWITBV D M 6 D5519 C-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) perfolrned at the time and in the manner therein specified and in all respects according to their: intent and meaning, and to indemnify and save harmless City, its officers, employees, and, agents, as stipulated in the Improvement, Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, As part of the obligation secured hereby, and in addition to the face amount' specified therefor; there shall be included costs and reasonable expenses and fees, including reasonable attorney s'fees, incurred by City in successfully enfarcing such obligation, all to be taxed as costs and included in any judgment rendered, Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration, or addition to the terns of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition, This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Los Angeles ,this 25th day of July , 2003 Western Pacific Housing, Inc. Principal By: By: Vice" President Chris Chambers (print name) Attorney -in -Fact George A. Munana (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. kyr'Ualt D2vr159651 C-3 BUBDMSION IMPROVEMENT AGREEMENT (Updated: February, 2001) CALIFORNIA AI L-PURPOSE ACENOWLEDGhfENT State of California County of Los`Angeles' before me, Regina Ran el, Notary Public, NAME, TITLE OF OFFICER personally appeared Geo/ge A. ALI liana NAME OF SIGNER III Personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose naine(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by iris/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITK SS my hand and offiei'a4 seal. (SIGNATURE OF)OTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY ❑ INDIVIDUAL ❑ CORPORATE OFFICER 11'LE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR El OTHFR: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITV(lES) Arch Insurance Company DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OR PAGES DATE OF DOCUMENT SIGNER OTIIER THAN NAME ABOVE CALIFORNEA ALL-PURPOSE ACKNOWLEDO E T State of California County of beforo me; Name and The of Officer le.g , °.lane Doe. Notary d I personally appeared r = LEIGH MCCALEB Commission 1336167 Notary Public - California Orange County Names) of Senogsl 5 Jtpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name€ is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/their authorized capacity(ics), and that by his/ge +Eir signature(e) on the instrument the person(s), or the entity upon behalf of which the person(r) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment or Ibis form to another document. Signature of Retell/ Public Description of Attached Document Title or Type of Document: k -C-orry.cuAc e a C k 3-L(L S L( Document Date: Number of Pages: a, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual E Corporate Officer—Title(s): • Partner —❑ Limited I__I General • Attorney -in -Fact C Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 1999 National Notary Association • 9350 De Soto. Ave.. F.O. Bog 2402 • ChaLworth. CA91313-2402 • wwnnationainotary ore Prod. No. 5907 aIGHlTHUNBPRINT: OF SIGNER Top of thumb here Reorder: Cali 101-Free 1-800-876•0827 BONDNO. SU 5002258 INITIAL PREMIUM, Included With Performance SUBrECT,TO RE Bond CITY OF SAN JACINT4 RACT MAP 24054 IMPROVEMENTSS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, a Delaware Corporation, ("Developer"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, Taff c controls, Iandscaping, street lights, and all other required facilities for Tract Map No, 24054 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated July 25th .2003 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WNI=REAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney' s fee in case suit is brought on the bond, NOW, THEREFORE, Principal andArch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing RVPUE1MXMk05513 C-4 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) work or labor upon the same and all persons supplying both work and materials as aforesaid exceptingtthe Principal, the sum of Five Hundred Ten Thousand Three Hundred Fifty Five Dollars and Fifty Seven Cents, said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns j ointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein, As part of the obligation secured hereby, and hi addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney 1 s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et se_c,, of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment fox construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. RVPUBUvaiva606.113 C-5 SUBDIVISION IMPROVEMI NTAGREEMENT (Updatce: February, 2001) INWITNESS WHEREOF and the corporate seal_ and the name of the A" �torney-in-Factat Los Angeles seal and signature of the Principal hereto hereto affixed, y is hereto affixed and attested by its duly authorized this 25th day of July 2003 Western Pacific`flousing,` Inc. Principal Byc President torney-in-Fac Chris Chambers NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OFEXECUTION BY PRINCIPAL AND SURETY, AND A COPY OP THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. RVPU5\MSLWb06512 C-6 SUBDIVISION IMPROVEMENT AGREEMENT (Updated; February, 2001) CALIFORNIA ALL-PURPOSE ACKIVO\K'LEDGMENT State of California County of Los Angeles vn before ll e, Regina Rangel, Notary Public, NAME,TITLE OF OFFICER personally appeared George A. 117unana NAME OF SIGNER ▪ Personally known to me - OR - ® proved to nie on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the f r instrument. lyVITNESS my hand and /of 714 al seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY El INDIVIDUAL, El CORPORA IS OFFICER I ILE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ▪ A l I ORNEY-IN-FACT ❑ TRUSl'EE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insuance Company DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OR PAGES DAIS OF DOCUMENT SIGNER OTHER TI-IAN NAME ABOVE In Testimony Whereof, the Company nos caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 9th day of May , 20 03 Attested and Certified Arch Insurance Company Joseph S. LI, Corporate Secretary Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth.' OFFICIAL SEAL MEUSSA B. GILLIGAN, Notary Public State of Conrieciicut My Commission Expires February 28, 20D5 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby, certify that the attached Power of Attorney dated ` May 9. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of Melissa B. Gilligan, Notary Public My commission expires 2-28-05 2 ,20 ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT, OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. CAL tF RNtA ALL-iPURPOSE ACKNOWLEDGMENT t^( ^e;•h'{^x {.,i' f;?,s, ;`�'A'�,"6 �h.*t`:C.`�' `vn � n� %,�,. r�S%'�.'z..r w. =-rh ��`..; "'�'��h State of California'' County of On 1317On5 before me, `-1 LCC f Dale �p� ^ , Rama and Till of Officer (e.g., "Jane Doe personally appeared Ck\� LEIGH MCCCALEB Commission* 1336167 Notary Public - California Orange County My Carat f. Expires Dec 23, 20f glary Pu Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactor evidence to be the person(.&) whose;name(e) isla e subscribed to the within instrument and acknowledged to me that hefshe'tbeq-executed the same in >his/ eir- authorized capacity(les), and that by his/ eNt#eis° signature(sj-on the instrument the person(s), or the entity upon behalf of which the`person(s) acted, executed the instrument. WITNESS my hand and official seal. e.a- kb Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 y Title or Type of Document: O r t (3 i\rk o1(4 tf i q I bV 2' tO L5 LI Document Date: 2_- 103 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: El Individual El Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb he e`=v:.f:`"v.vv,•:'✓:✓�S ✓ti`l�`„`r.,f� ., d'y``.:..�;.u�ti y,�,,.,J'+.�-� r--r�'-�,v v v .=�: ✓,"; rJ`.,_.e'er^_�,�-.-y`.r„_ryt�-�, ��.`i�v ® 1999 National Nolan/ Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nelionalnotary.org Prod. No. 5907 Reorder. Call Tall -Free 1-800-576.6527 AGENDA ITEM December 18,'2003 TO: The Honorable Mayor and Members of the City Council FROM: Robert A. Lavin, Public Works Superintendent SUBJECT: Resolution No. authorizes application for Grant Funds for the Roberti- Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, And Coastal Protection Act Of 2002 RECOMMENDATION: By motion approve and adopt Resolution No. / A Resolution approving to apply for grant funds for the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, And Coastal Protection Act Of 2002. BACKGROUND: The allocations for the block grant portion of the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program (RZH) under the 2002 Resources Bond Act have been finalized and funds included in the fiscal year 2003/2004 State budget. The City of San Jacinto will receive $27,404.00. To encumber the funds, the City needs to submit Resolution No. to the Office of Grants and Local Services. JUSTIFICATION: Grant funds available are eligible for acquisition, development/rehabilitation, special major maintenance (includes activities which will reduce energy requirements to operate recreational lands or facilities) and innovative recreation programs. BUDGETARY IMPACT: $27,404 would be available in grant funds from RZH Block Grant Allocation. ATTACHMENTS: Resolution No. Page 1 of 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI- Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 (2002 Resources Bond Act) WHEREAS, the people of the State of California have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002 which provides funds for Roberti-Z'Berg-Harris Block Grant Program for grants to eligible Applicants; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Roberti-Z'Berg-Harris allocation; and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: 1. Approves the filing of an Application for local assistance funds from the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provision contained in the Contract shown in the Procedural Guide; and Certifies that the Project conforms to the recreation element of any applicable city or county general plan; and vote: Appoints the Public Works Superintendent as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. Approved and Adopted on the 18t" day of December, '2003, by the following Ayes: Nays: Absent: Abstain: City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy Chouinard, City Clerk r AGENDA ITEM December 18, 2003 TO: The Honorable Mayor and Members of the City Counci FROM: Robert A. Lavin, Public Works Superintendent SUBJECT: Resolution No. authorizes application process to apply for Grant Funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act Of 2000 RECOMMENDATION: By motion approve and adopt Resolution No. approving to apply for grant funds for the Roberti-Z'Berg-Harris Urban Open Space And Recreation Program Under The Safe Neighborhood Parks, Clean Water, Clean Air, And Coastal Protection Bond Act Of 2000. BACKGROUND: The allocations for the Robert-Z'Berg-Harris Urban Open Space and Recreation Program (RZH) block grant under the Park Bond Act of 2000 in will expire on June 30, 2004. To encumber the funds, the City of San Jacinto must submit Resolution No. to the Office of Grants and Local Services (OGALS) by May 1, 2004. JUSTIFICATION: The grant funds available are eligible for acquisition, development/rehabilitation, special major -maintenance and innovative recreation programs. BUDGETARY IMPACT: $7,599 would be available in grant funds from the Park Bond Act of 2000 ATTACHMENTS: Resolution No. Page 1 of 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN JACINTO APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI- Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 WHEREAS, the people of the State of California have enacted the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 which provides funds for the Roberti-Z'Berg-Harris Block Open Space and Recreation Program; and WHEREAS, the Legislature of the State of California has enacted the Roberti- Z'Berg-Harris Open Space and Recreation Program, which provides funds to certain political subdivision of the State of California for acquiring lands and for developing facilities to meet urban recreational needs; and WHEREAS, the California Department of parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, the Applicant will enter into a Contract with the State of California. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City of Council of the City of San Jacinto as follows: 1. Approves the filing of an Application for local assistance funds from the Roberti-Z'Berg-Harris Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provision contained in the Contract shown in the Procedural Guide; and Page 1 of 2 vote: Appoints the Public Works Superintendent as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, ' which may be necessary for the completion of the Project(s). Approved and Adopted on the 18th day of December, 2003, by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk Page 2 of 2 City of San Jacinto by Jim Ayres, Mayor AGENDA ITEM December 18, `2003 TO: The Honorable Mayor and City Council FROM: Dorothy L. Chouinard, City Clerk SUBJECT: January 2004 Meetings RECOMMENDATION: Adjourn the following meetings: January 1, 2004 to January 8, 2004 and January 15, 2004 to January 22, 2004 BACKGROUND: The first Regular Meeting in January will fall on a holiday. Therefore, because the policy, as outlined in Resolution No. 2387, is to continue the meeting to the following business day the result in this instance is impractical. At the November 20, 2003 meeting City Council directed staff to move the regular City Council meetings in January 2004 to the second and fourth Thursdays. JUSTIFICATION: To lesson the impact of moving a regular City Council meeting when it falls on a holiday. BUDGETARY IMPACT: None ATTACHMENTS: Exhibit A — Notices of Adjournment Appro� City Manager: ( qqI Finance Director: NOTICE OF ADJOURNMENT (Continuance) Notice is hereby given that the San Jacinto City Council at their meeting of December 18, 2003, adjourned the January 1, 2004 meeting to January 8, 2004 at 7:00 p.m. to be held at the San Jacinto Unified School District Board Room, 2045 South San Jacinto Avenue, San Jacinto, California. Said continuance was passed by the following vote: Ayes: Nays: Absent: Abstain: Dated this 18th day of December, 2003. Dorothy L. Chouinard, City Clerk NOTICE OF ADJOURNMENT (Continuance) Notice is hereby given that the San Jacinto City Council at their meeting of December 18, 2003, adjourned the January 15, 2004, meeting to January 22, 2004, at 7:00 p.m. to be held at the San Jacinto Unified School District Board Room, 2045 South San Jacinto Avenue, San Jacinto, California. Said continuance was passed by the following vote: Ayes: Nays: Absent: Abstain: Dated this 18th day of December, 2003. Dorothy L. Chouinard, City Clerk AGENDA ITEM -6: December 18, 2003 TO: The Honorable City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Soboba Band of Luiseno Indians — Letter of Suppo RECOMMENDATION: Approve the attached letter of support for the Soboba Band of Luiseno Indians in their effort to complete the Water Settlement Agreement with Metropolitan water District of Southern California, Eastern Municipal Water District, and Lake Hemet Municipal Water District. BACKGROUND: On December 1, 2003, Mayor Ayres received a letter from Tribal Chairman Salgado, requesting the Council's support in the completion of the final process in their water settlement agreement and passage of legislation (see attached letter). Staff has revised the letter slightly from its original form to mitigate language that could have been sensitive. JUSTIFICATION: Support the local economy of our neighbor Tribal members. BUDGETARY IMPACT: None ATTACHMENTS: 1. Letter from Tribal Chairman Salgado dated December 1, 2003 2. Letter of Support Approvals City Manager: Finance Director: December 19, 2003 The Honorable Jerry Lewis House of Representatives 516 Canon House Office Build Washington, D.C. 20515 RE: Soboba Band of Luiseno Indians Settlement Legislation Dear Honorable Jerry Lewis: As the Mayor of the City of San Jacinto, I write to you today on behalf of the citizens of San Jacinto and the San Jacinto City Council to convey our support for the settlement achieved by the Soboba Band of Luiseno Indians, the Metropolitan Water District of Southern California, and the Eastern and Lake Ilemet Municipal Water District, and also for the passage of settlement legislation in the second session of the 108`h Congress. After 10 years of negotiation, assisted by a multi -agency Federal facilitation team, the Tribe and the three districts have reached a historic settlement that will resolve a multitude of claims. The settlement also will quantify the Tribe's water rights and together with a water management plan being developed by the area's non -Indian water users, will protect the water supply of the entire valley from future depletion. Now, the parties need your help to ensure its final approval by Congress. Under the settlement, the Soboba Tribe would receive: o An adequate and secure future water supply o $18 Million from the local water districts for economic development o $11 Million from the United States for water development o 128 acres of replacement land near the Reservation for commercial development. This letter is not intended to render a City opinion on any future gaming facility. The settlement also benefits the Tribe's neighbors, who would received: v Final resolution of the Tribe's water rights and claims o 7,500 acre-feet per year of new imported water until at least 2035 o $10 Million in federal funds to help recharge the aquifer with the imported water o Use of excess Soboba water during the next 50 years for basin restoration o New jobs and economic stimulation from Soboba commercial development Page No. 2 December 19.2003 The settlement will bring to a close more than 120 years of conflict and struggle between the Sohoba Tribe and its neighbors over the San Jacinto River Basin's Water Resources. Moreover. it will ensure not only the future of the Tribe, but also the future of the region's water supply for all San Jacinto Valley inhabitants. For these reasons, we request your support in passing this important legislation through Congress. Sincerely, JIM AYRES Mayor P.O. BOX 487 • SAN JACINTO, CA 92581 • TELEPHONE (909) 654-2765 December 1, 2003 Jim Ayres, Mayor City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Dear Mr. Ayres: On behalf of the Soboba Tribe we seek your assistance in supporting us in this support letter that will complete our final process in the water settlement condition of the Soboba Tribe. As you will know we have been struggling with this matter for over forty years and finally have reached an agreement of the principal of the settlement of the water shed as well as the United States government and we are on our way in having legislation approved by congress. Your letter of support that will hopefully be addressed to our congressman Jerry Lewis in support of the Tribes issue would be greatly appreciated. As you will know we stand in support of the local views of the water situation in the Hemet/San Jacinto basin and look forward to a long standing partnership with the City of San Jacinto. In the event that you have any questions regarding the material or assistance on this matter, please contact our Tribal Administrator, Andrew Masiel at (909) 654-2765. In advance we thank you for your gracious support and assistance on this important matter. Respectfully, Robert Salgad Tribal Chairman SOBOBA BAND OF LUISENO INDIANS December 18, 2003 TO: The Honorable City Council FROM: Peter A. Cosentini, City Manager SUBJECT: San Jacinto Museum Relocation RECOMMENDATION: 1) Authorize the relocation of the San Jacinto Museum to Estudillo Mansion Park Site BACKGROUND: As I have advised Council, the current City Museum building is in state of disrepair and is not safe for human habitation. Please see attached letter from Joe Lancaster, Building Official, to Jack VVarneke. Also attached are various pictures of the Museum building. Due to the deteriorating conditions of the Museum, the Building Official has shut down the building and it is not to be occupied or reopen to the public until it is deemed safe. We are in the process of assessing the building and will bring back options on disposition for the Council's review. Mr. Jack Warneke has advised that he has $100,000 from the Estudillo Mansion Association that can be utilized for repairs of the existing Museum building or building a new one. I believe the renovation of the existing building will take more than $100,000 to completely repair it and make it safe to reopen to the public. At the last City Council meeting, Vice Mayor Buydos suggested that an item be placed on the agenda to consider the relocation of a Museum building to the Estudillo Mansion site. I believe this is a natural location for this function given the historic nature of the Estudillo Mansion. Council Member Conner has suggested that the old Chamber of Commerce parcel can be considered by the City for the purchase and construction of a new Museum building. At my direction, staff will propose a C.D.B.G. application for $50,000 for site preparation for the Estudillo Mansion site or the downtown Main Street site. This could include, site preparation, water and sewer connection, landscaping, signage, etc. A wide variety of details need to be worked out. Mr. Warneke is looking at a variety of portable type buildings that can be purchased with the money the association currently has available for this use. Appro City Manager: Finance Director JUSTIFICATION: Provide a public safe structure that keeps our history and community treasures:' BUDGETARY IMPACT: Dependant on Council direction. ATTACHMENTS Letter to Jack Warneke dated November 24, 2003 Digital photographs of existing Museum building Mr. Jack Warneke 1183 De Anza Drive San Jacinto, CA 92583 RE: Meeting Concerning Museum Dear Jack, Last week I discussed with you the unsafe structural conditions that now exist at the City Museum and the alternate methods and possible solutions to the problem. At the direction of the City Manager, Mr. Peter Cosentini, I have posted a notice at the museum stating the building cannot be occupied until such time as the building is considered "SAFE TO OCCUPY". A meeting is scheduled regarding the choices we have and would appreciate your comments that could be helpful in the decision making process for the museum. Date: Wednesday, December 3, 2003 Time: 2:00 p.m. Place: City Hall (Conference Room) If I can answer any questions regarding the museum, please do not hesitate to call me at (909) 487-7330. Sincerely, Joe Lancaster, Building Official c Peter Cosentini. City Manager Tim Hults, Community Development Director Title main st emplyees0045 Photo Date/Time 2003/12/02 e 5 I vi i9c f Title main st emplyees0043 Photo Date/Time 2003/12/02 !-- t of= F :T/dr'Pc P Title main st emplyees0042 Photo Date/Time 2003/12/02 4L.L Title main st emplyees0037 Photo Date/Time 2003/12/02 M O CI) N 4J Q N N Ty C O EN a) 4-103 0 I a Title main st emplyees0035 Photo Date/Time 2003/12/02 Fko-i P. PA' Title main St emplyees0039 Photo Date/Time 2003/12/02 Title main st emplyees0040 Photo Date/Time 2003/12/02 n-QUEST To. SPEAK - :CITY CITY COUNCIL AGENDA ITEM #: SUBJECT: DATE N FAVOR: Ll NEUTRAL: L IN OPPOSITION: Name: <, 9 Y Representing: Address: City: Telephone No.: kndividual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes; at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM #: SUBJECT: DATE: IN FAVOR: t :. NEUTRAL: 0 IN OPPOSITION: U Names Representing. Address: City: A/ ; ug ' f w , Telephone No.: { Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. CITY COUNCIL AGENDA ITEM #: DATE: Name: IN FAyOR:. V REQUEST TO SPEAK SUBJECT: K. NEUTR IN OPPOSITION: Representing: Address: City: Telephone No.l(` x' Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. RE !JEST TO S 'EA CITY COUNCIL AGENDA ITEM #: i SUBJECT:r t DATE: — C IN FAVOR: ❑ NEUTRAL: ; IN OPPOSITION: C Name:'" Representing: Th Address: L City: Telephone No.: (ID Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUHIST TO SPEAK CITY COUNCIL AGENDA ITEM # SUBJECT: DATE: IN FAVOR: ❑ NEUTRAL: ® IN OPPOSITION; Name; Representing: Address: *' i76% Ifs C ity� Telephone No.: ` Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM #: j SUBJECT: 11 / DATE:`.`//C� IN FAVOR: 0 Name: Representing: <7' Address:2. ./� S , City:. NEUTRAL: 0 IN OPPOSITION: 0 �t c; Telephone No: ! ,'' Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START. OF THE MEETING. EQUEST'TO'MAN' CITY COUNCIL AGENDA ITEM #: S DATE: )=\.1 IN FAVOR: ❑ Name. NEUTRAL: SUBJECT: IN OPPOSITION:. Representing: Mk�Et�rt`� Address' S .ct f City: Telephone No.: Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK TY COUNCIL AGENDA ITEM: < - SUBJECT: Idlt�c DATE: l i Name: N FAVOR: NEUTRAL: L IN OPPOSITION: 0 Representing: Address: Z S r City: leac if Telephone No.: Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. CITY COUNCIL AGENDA ITE DATE:'C 1r) T TO SPEAK SUBJECT: IN FAVOR: ❑ NEUTRAL: ❑ IN OPPOSITION: ❑ Name: fJ p(2.r='c Representing: 25. Address: 7 S City: Telephone No.: Z% f 0 Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. RETEST TO SPEAK CITY COUNCIL AGENDA ITEM #: _ SUBJECT: SP4<,/4-,,17- t-/; DATE: 0r Name: IN FAVOR: CQ NEUTRAL: © IN OPPOSITION: Representing: 2� f Address: City: el-d-J Telephone No.: 7 (5-6(` io 2 Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject: The Mayor will call you to speak at the appropriate time. Please, make your presentation from the microphone: HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM.#: , :3 SUBJECT: DATE: x°' , ;-- / ._.. IN FAVOR: Name: .;?t.c'r;- Representing: Address: City:. NEUTRAL: U IN OPPOSITION: 0 Telephone No: Individual ;speakers `are limited to three. minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone: HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUN IL AGENDA ITElvi SUBJECT'`.. ? i> DATE:" Name:_ FAVOR; © NEUTRAL, IN OPPOSITION: Representing:..�1�/- Address:/ 3 ��� � i€�r Telephone No.. � ?�_ 2 �`' City: � a���_ �,: ,� ��� � � �- Individual speakers are limited to three minutes for their presentation. Organized presentations. with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING, City CouncilAgeoda December 18, 2003 Pape1 of 17 MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL DECEMBER 18, 2003, 7.00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Orde Mayor Jim Ayres called to order the Regular Meeting of the San Jacinto City Council at 7:09 p.m. 1.2 Roll Call Present: Jim Ayres, Chris Carlson-Buydos, Jim Conner, Ken Shaw Absent: Dale Stubblefield 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto Reverend Sauter gave the invocation. 1.4 Pledge of Allegiance Major Robert Otta, USAF, Retired 1.5 Special Presentations None 2. PUBLIC COMMENTS: Richard Haskell, 790 W. 7th Street, San Jacinto, commented that he was a former sheriff volunteer. He expressed concern about the rumors of the City contracting with the Sheriffs office. He supports the work the PAL (Police Activity League) organization is doing. He believes that local businesses are willing to support keeping the police department local. Joan Berggren, 786 Ramona Boulevard, San Jacinto, representing Adrian & Rodica Alexandru, commented that on July 29, 2003 they had gone to the Planning Commission with a letter. They received no City: Council .Q scull December 18, 2003 Page 2 of 17 response to their letter. Consequently, they spoke to the Planning Commission, asking them to look at Long Beach's burn policy and for them to reconsider reviewing their property. When they brought it to City Council, they were referred back to the Planning Commission. Ms. Berggren doesn't believe the Commission or the Council understands what a handicap the burn policy is to the seller, Mr. Alexandru et al., She is pleading for the owner, as the property has been in escrow three Imes and fell out three times. She noted that there has not been a bur property thepolicy was adopted. 2.1 City Manager's Report / Recap of public comments from � a 11/20/03 and 12/04/03 I City Manager Call -on City Managers Peter Cosentini f r his report discussed the Christmas party and PAL fundraisers. Myra Wood From November 20, 2003 meeting: Monty Holden, California Organization of Police and Sheriff's, spoke on behalf of the police department's part oegotiations for labor contract renewal: Staff response required: Closed session items: no response needed. 3. PUBLIC HEARING 3.1 Public Hearing regarding the use of Community Development Block Grant )CDBG) Program Selection of Projects and Programs for Fiscal Year 2004/2005 / Approve selection of programs by non-profit organizations to be funded in Fiscal Year 2004/2005 / Approve the City sponsored programs and projects to be funded in Fiscal Year 2004/2005 / Community Development Director. Randy Williams, Economic Development Specialist, gave the eport. $230,000 will be received from Riverside County. The Council subcommittee reviewed how it would be broken out. $103,000 in application requests were received and only $34,000 is able to be funded. Mr. Williams stated the following subcommittee's recommendations: There will be one minor change, $10,000 for cleanup instead of what was reported earlier to the County Board of Supervisors. Mayor Ayres opened the Public Hearing at 7:18 p.m. City Council Agenda December 18, 2003 Page 3 of 17 Karen Madaris, Central County United Way,(Senior repair Service, Thanked City Council. the program allows low income residents to get -repairs 3r: ,r.x Bobby Christie, 302 Jewel Lane,Kid Zone; tt170 requested small amount to be considered, touch3""the hearts of the children�provide;residents of San Jacinto to participate in four events per scholarship allowing parents of San Jacinto to interact in activities with their children. 'Ms. Christie requested the City Council, asld>to reconsider... Gale Hepner (alley Wide Recreation, stonesAom San Jacinto, aAcar accident k41ed a_fathar and his -son and daughter -died, leaving moi i- ar two other children hat all of these families have in common is scholarships given from Valley Wide recreation for these,ohildren . assist* families in crisiselincltides. basketball, baseball,day care i-lHelps them have something to look foriida`rd to and thanked City Council for their support of this program. Greg Hillis, president PAL (Police Activities League) board, thanked City Council for their support and spoke of students and their accomplishments. No other public comments were received. Mayor Ayres closed the public hearing at 7:25 p.m. Mayor Ayres: As a member of the subcommittee, it was a most difficult decision:- great programs and not able to fund all of them( -Programs under $5,000 become difficult to administer; $50,000 is to be set aside for the San Jacinto Museum Foundation to help relocates themselves to the Estudillo Mansion property x A 'v , Council Member Shaw noted the non -profits are his compatriots(; He explained because he works for the United Way he abstained from sitting on the committee. Potentially, it could look like stuffing the ballot box. Council member Shaw asked the press to report he did not sit on the committee. Council 'Member Conner needed tQ know who applied:just tonight. Last year gave 10 gran is year we. re-gi t " four H'e would like to have had more time to review applications. Mayor Ayres responded that the $2000 grants; requests from last year were not used. Director Hults discussed with county staff a suggested limit grantinotless than $5,000 at the county level. However, due to reviewing monthly " City Council Agenda December 18,,2003 Page 4of17 statements, requests for payments, and sub -recipients reports, he mentioned some of those funds were returned. Mayor Ayres explained the sub -committee believed it important to fund San Jacinto projects and requests: While San Jacinto is rather small, these regional organizations can apply to County for funding. M/S/C (Ayres / Carlson-Buydos) moved to approve subcommt recommendation. Motion carried 4/0. 3.2 Assessment District 2003-1 — Revised Engineer's Report for Maintenance of Streets, Roads, and Highways / City Attorney 3.2.1 Resolution No. 2498 / A Resolution ordering an Engineer's Report, setting a Public Hearing, providing for noticing and balloting for purposes of approving a revised Engineer's Report for Assessment District No. 03-01 / (AD#03-01) pursuant to Benefit Assessment Act of 1982 / Approve and Adopt.g#_ City Attorney John Brown been before City Council earlier; four different properties map[Ientifieo p opertiest Order amender ngineer eport cchange innfprmula,with escalation provisions take public comments' act on resorution, and vote. , ,There were no public comments. Call for Council discussion M/S/C Carlson-Buydos / Shaw moved to approve Item No. 3.2.1. Motion carried 4/0 3.2.2 Public Hearing Mayor Ayres opened the Public Hearing at 7:34 p.m. Call for questions, comments, protests or objections from any persons wishing to speak with respect to Annexation No. 9. Three property owners supporting the annexation. Take note of any written comments from City Cleric Mayor Ayres closed the Public Hearing at ; p. Called on Clerk Chouinard to tabulate the ballot and report the results. City Council Agenda December 18, 2003 Page of 17 Call on Council discussion Call for motion and vote on 3.2.2 If a majority protest does not exist then proceed to 3.2.3 3.2.3 Resolution No. 2499/ A Resolution of the City Council of the City of San Jacinto, California, Declaring the Results of the Assessment Ballot Tabulation, Amending Assessment District No. 2003-1 Pursuant to the Benefit Assessment Act of 1982, Ordering Maintenance Work Therein and Confirming the Diagram and Assessment / Approve and Adopt Call for public comments Call for Council discussion M/S/C (Ayres / Shaw) moved to approve Agenda Item No. 3.2.3 Motion carried 4/0. 4. CITY DEPARTMENTS 4.1 Police Activities League (PAL) Building — Location and construction materials/ Direct staff! Community Development Director Director Hults; lost current home; reprogram Community Development Block Grant (CDBG) funds and $100,000 total with supervisors; staff locked at modular with site preparation; better served cost of locating at Sallee to look at other options, $106/sq ft more than what a stick or metal building; facilities would have to tear up some of recent renovations; Mayor Ayres — modular fit boxing ring; but would like to see staff research alternatives; support Council member Conner's idea for Sallee Park would meet needs of PAL needs; Council member Conner — staff opposition water and sewer connections; not necessarily connecting to immediate existing facilities; those connections would not be adequate / Time from public works input; Council member Conner continued bathrooms already exist in park and at swimming pool thought was to utilize them Vice Mayor Carlson-Buydos — thought site plan with cost factors; what are the basis parameters, lets move forward — to make best right decision; City; Council Agenda December 18,'2003 Page 6 of 17 Mayor Ayres noted that they don't have a home and currently operating out of a closet Council Member Shaw -they have to be out this month Direct more direct cost, total budget; M/S/C (Ayres / Carlson-Buydos) moved to adopt more direct cost, total budget. Motion carried 4/0, Council member Conner asked what other programs could be included in the, new building; no information on that; wants to know how much is going to boxing ring Mayor Ayres — other amenities include computer lab, et cetera 4.2 Fire Department's recommended site plan for future fire stations needed to serve the City at build out / Direct staff / Battalion Fire Chief Jim Barron, reviewed emergency response time from existing station. Stays up with call load, 2"d busiest in the county. Looking at size of city can feel good at what they have been able to do. Concern now is the development about to begin on west end of San Jacinto. With five minute response time goal in mind, noted the proposed can be flexed up to IA mile radius from location on map; impact by Highway 79 final relocation; will probably cause need station on each side; recommended 4th station. Staff recommends adoption of plan as well as directing staff detailed zone plan. Including meeting OSHA recommendations. Ayres — explain heaving urban and rural station differences; Barron reviewed how they are staffed and reasoning; designed on future growth and can grow with city; keeping flexibility and options option to grow and expand as needed. Cost 1.2 .million without land; Hemet in press for two million, but assumes that is including land. Mayor Ayres noted have money to build but not to staff. Vice Mayor Carlson-Buydos — joint location of facilities in or near parks; the issue — response is given on road pattern; not information from General Plan critical to look at; Vice Mayor Carlson-Buydos asked council members what timing on COMMUNITY FACILITIES DISTRICT what timing on CFD City Manager Cosentini two years with 2,000 homes. Vice Mayor Carlson-Buydos — This is 1st action to implement and have to have City; Council Agenda December 18, 2003 Page 7 of 17 transportation information before reasonable need because decision might have to be changed. Barron response slows to about half with more signalization. Vice Mayor Carlson-Buydos believes it will shift some with Highway 79 and other roadways. Council member Conner concurred with Vice Mayor Carlson- Buydos except new homes in Sage Crest; noted those not being protected in response time like College, senior park, the biggest thing is San Jacinto Boulevard is not big enough to house equipment, et cetera, to enlarge station. Barron some of these areas are covered by the county and Hemet. City Manager Cosentini discussed enlarge current station with Barron - Barron had call and had to leave meeting at: 8:10 p.m. City Council consensus to bring back Council member Conner maybe next one is the industrial station which is No. 3 on map; Vice Mayor Carlson-Buydos - may be moving Attorney Brown — sitting fire station has such large impact; while it affects City Council members personally able to make decision City Manager Cosentini dealing with build out and the need of four stations; look at all four stations and all the population at build out has the ideal response time. Mayor Ayres — County looking at preemptive signalization; ability to affect. Council Member Shaw stated that it is his understanding that the city owns Potter and Ramona. 4.3 Local Appointments List, aqua: Middy List / Approve appointments to committees / City Clerk 4.4 Lyon Avenue Realignment / Master Drainage Facility and Regional Park / Authorize staff to complete tasks listed in Staff Report / City Engineer Engineer Motlagh staff report — several times over past 3-4 months. Outlined five recommendation — will review each City Council Agenda December 18, 2003 Page of 17 If right of way purchase to take place, hazmat cost $7,500; Webb association if could be utilized as retention drainage basis cost about $44,000; reflects flood plain and negotiate contract: $360,000 cost could be negotiated and may only end with fencing cost. 4 See staff report Noted at end of year $500,000 available from funding / finance director #5 if everything is done joint use park and basin; financing options — park funds mitigation fees — if direction then need to for CFD — long term recommendation — no money for park improvement at this time. Maintenance — retention basis = $20,000 per year; need assessment to cover annual costs; if basin turned into park then becomes $20,000 / acre. Funding needed. Mayor Ayres 2.8 million in development agreements — not reflected in staff report. City Manager Cosentini City Council description. $500,000 collected to date / City Manager Cosentini. And same in current budge structure. Vice Mayor Carlson-Buydos — going CFD inflates the cost. Need to know who benefits and then they can build it faster and cheaper, development fees and conditioning of projects and sees another $00,000 coming on quickly needs to be added into City Council information. Engineer Motlagh — discuss with City Manager Cosentini can condition projects if economy stays the same, if economy changes can't guarantee; but believes as is now two years. Vice Mayor Carlson-Buydos — disagrees with 2nd part of four; agrees with rest. Made suggestions of combinations; and those she'd like to see feasibility Vice Mayor Carlson-Buydos — approve 1-3, reservation 2n1 part motion dies for lack of 2nd Council member Conner — redevelopment zone — this whole area is surrounded by RDA; haven't talked about that funding source. The City Council Agenda December 18;2003 Pace 9 of 17 light has already been paid for developer Engineer Motlagh — not at Lyon and Ramona Boulevard; developer would contribute fair share on road. Council member Conner? Eastern Municipal Water District need to contribute and not listed in staff report. ? why need retention basis there; not in Master Plan Engineer Motlagh - master plan done several years ago not complete and doesn't make sense today;' worked with several developers.`' Will need 2-3 retention basins in San Jacinto. This may not be the perfect site. It needs to be determined Drainage funds were identified to purchase the property. Mayor Ayres requests that the staff report include measure a CDBG, RDA, and agreed concern same as Vice Mayor Carlson- Buydos about adding any further CFD. Investigate spreading cost to research / Engineer Motlagh is $20,000. City Manager Cosentini understands another report and more information. Vice Mayor Carlson-Buydos questioned can action 1-3 and come back with 4 and five in abeyance City Manager Cosentini can do that, but not recommend until funding determined. Vice Mayor Carlson-Buydos — pressure is from development coming Council member Conner — direction not another CFD — developments along Lyon and Potter and the need is now and what is difference that each tract has to do something. Attorney Brown consensually driven by landowners; Nexus study fee, if Nexus isn't there then no fee no road. Vice Mayor Carlson-Buydos moved to approve 1-3 and modified 4. Council member Conner 2nd passes 4/0 City Council Agenda December 18, 2003 Page10 of 17 5.0 CONSENT CALENDAR 5.1.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 12/18/03 / Approve / Finance Director 5.1.2 Public Entity Risk Management Resolutions: 1) Resolution No. 2500 / A resolution authorizing amendment to Article 19( c ) of the Amended and Restated Joint Powers Agreement of the Public Entity Risk Management Authority; and 2) Resolution No. 2501 ! A resolution authorizing amendment to Articles 8(d), 10, 11, and 22 of the amended and Restated Joint Powers Agreement of the Public Entity Risk Management Authority / Approve and Adopt ! Finance Director. 5.1.3 Selection of a consultant to prepare a Public Facilities - Services Analysis and Development impact Fee Study / Approve and Select! Community Development Director. 5.1.4 Resolution No. 2502 / A resolution approving the applicant to apply for grant funds for Per Capita Grand Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 / Approve and Adopt / Public Works Superintendent 5.1.5 Professional Service Agreement for Water and Wastewater master Plan with Stetson Engineers / Approve and Authorize the Mayor to execute the agreement! Public Works Superintendent 5.1.6 Road dedication / Hosanna Christian Fellowship / Accept deed for future widening of Sanderson Avenue at 350 S Sanderson Avenue I City Engineer 5.1.7 Resolution No. 2503 / Annual Report pursuant to Government Code Section 53410 regarding CFD No. 2 - Series A 2002 Bond Improvement Funds ! Approve and Adopt / Finance 5.1.8 Final Tract Map 24054 and Subdivision Agreement including Labor and Performance Security for required improvements ! Approve and Authorize City Manager to execute substitute subdivision agreement for completion of public improvements for Final Tract Map 24054, Accept associated labor and City; Council Agenda December 18, 2003 Page 11 of 17 performance in the amount of %510,355.57 and monumentation bond in the amount of $2,50000, and release existing subdivision improvement security for labor, material and performance bonds in the amount of $369,392.80 / City Engineer 5.1.9 Resolution No. 2504 / A resolution approving to apply for grant funds for the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 / Approve and Adopt / Public Works Superintendent 5.2.0 Resolution No. 2505 / A resolution approving to apply for grant funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 / Approve and Adopt I Public Works Superintendent 5.2.1 January2004 Meetings ! Adjourn the January 1, 2004 to January 8, 2004; and January 15, 2003 to January 22, 2004 / City Clerk 5.2.2 Soboba Bank of Luiseno Indians / Approve letter of support / City Manager 5.2.3 San Jacinto Museum Relocation I Approve and Authorize relocation of the San Jacinto Museum to the Estudillo Mansion Park site 1 City Manager 5.2.4 San Jacinto Unified School District Joint Community Facilities District Agreements I Consider, Approve and Adopt I Resolution No. 2506 / A resolution approving two certain joint facilities agreements between the City and the San Jacinto Unified School District (SJUSD) concerning CFD Nos. 2003-1 and 2003-2 / City Attorney City Manager Cosentini requests that staff pull Agenda Item No. 5.2.2, not complete and not time sensitive; 5.2.3 more discussed item Vice Mayor Carlson-Buydos 5.1.3 comment Mayor Ayres moved to approved balance, Show 2nd passes 4/0 5.1.3 — concern Vice Mayor Carlson-Buydos we solidify into in General Plan before invoking this work get done. Move to approve and need Council member Conner 2nd Passes 4/0 City Council Agenda December 18, 2003 Page'12 of 17 5.2.3 City Manager Cosentini thought would like to discuss their board has moved to spend $100,000 to move location Mr. Jack Warneke current building unsafe, need to get displays out as soon as possible; board meeting -funds received from 1990 and time use them and would like to relocate building with modular for about$30tsq ft. Would like to have Ash and 7th corner. Consistent with proposed landscaping asking city to relocate Council member Conner -museum has been there over 70 years; seeing businesses leave downtown; hate to see it leave downtown and yet believes it would be good at the Sturdily mansion. 6 acre site - pushing $1,000,000 site, what type modular - has to enhance property and top quality. Warneke — looking at having wheels below ground; present rock work from old building to new site as landscaping, and light color to blend with restrooms. Lucille Hedges, 971 Cypress Drive San Jacinto, member of a committee of nine, preservation of mansion and grounds; because of this and inclusion into national historic, this act will be eye sore, and distract integrity; wants more consideration for other location; especially to committee; should have community recommendation Rebecca Schlosser— question if current building repairable; committee of nine not have been included and don't have information? Is modular consistent with general plan? When will the committee of nine going to be included and all avenues and questions answered? Mayor Ayres asked council member to respond. City Manager Cosentini — Museum people noted ceiling tiles have fallen; our chief building official looked at the building and he responded that the city should vacate. Jesse Flores — '36Meadc w'Ci a '1le — moved here in February, involved last three months? Why committee of nine left out of decision; spent lots of time and his own gas to get artifacts from era and from original owners; reviewed desire of committee to assist City Council; and if not then to disband committee. Mayor Ayres — thanked for info and input. Noted City Council action to appoint a City Council liaison. Appreciate service to city and support of project. See services continue even long after the mansion is open to public. He sees relocation as an option. City Council Agenda December 18, 2003 Page 13 of 17 Vice Mayor Carlson-Buydos — Request for museum. Agreed they need to include. Sees this as temporary building. After checking with federal legislation, additional money could be available through federal programs, national treasures and to include first-class facility. Understands concerns but sees the move temporary but a starting of the process. Council member Conner- I thought everyone was in agreement — museum and committee; he proposed take back to two groups to bring back proposal. Vice Mayor Carlson-Buydos 2n Shaw — Have received letter. Would like to get groups together and facilitator if necessary for committee of nine, museum, and restoration committee and city to get together. Not clear who is running the show Motion passes 4/0 RDA do 6.0 items first Mayor Ayres recessed the Regular Meeting to consider the Redevelopment Agency Agenda at p.m. Mayor Ayres reconvened the Regular Meeting following the Redevelopment Agency Meeting at p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File I City Clerk 6.2 Skyview Park Neighborhood / Discussion / Mayor Ayres • Installation of traffic calming devices or other methods to reduce speeds on Savory Lane • Installation of a barricade to restrict through -traffic on Savory Lane • Installation of landscaping on the east side of Skyview Drive between Airlift and Sunswept Drives Mayor Ayres reviewed recent neighborhood meeting including three items above; would like time to comment; Engineer Motlagh — comment -- ; against barricade — distant not meeting requirements; Mayor Ayres — residents concern about those cutting through development City Council Agenda December 18, 2003 Page 14 of 17 Hults some issues already addressed but these three need City Council Direction; explain in detail the connections of adjoining projects, impact on existing subdivision and concerns, discovery of damaged utility pedestal. Discuss landscaping. Steven, Savory Lane, concerns that it will be a cut through. Mostly 4- wheel drive vehicles. Lives on Savory Lane. Now busy with lots of vehicles doing that. Debbie, 751 Savory Lane, San Jacinto - two cul-de-sacs, three bus stops - 1.7 children per household and the additional number of homes the impact of more bus stops and more children and becomes more of a more cut through. A blockage until Lyon is done; and slow the traffic with two humps. Doesn't know when bought home two years ago knuckled and didn't go straight though. Unaware when that changed. Vice Mayor Carlson-Buydos remembered: Debbie changes done -- houses are there. Wants consideration for the traffic impact John Frank, 864 Billis Court, commented that his property touches the proposed landscape area. He is opposed to it, because it borders his property. He had kids look into backyard on utility box and into yard, robbery at his house, it is cable and phone; city or cable and phone not interested in moving unless pay $6,000. Is interested in landscaping and paid for a lot of it and would have been able to do more. Sprinklers not hooked to water but hooked to water fountain. Has been dealing with problem for six years. Had discussion with inspector — understands bonds released; hardscape reasonable but needs something even if just trees. Asked City Council to consider drips and willing to pay for trees; straight flat, especially with park across street, keep integrity, likes Lyon realignment; requests hardscapes with esthetics. Mayor Ayres — direct staff city response between Airlift to Sunswept — options 2) traffic calming on Savory Lane until Lyon Avenue is built is showing signs of problems and growth will cause it to get worse. He is Vice Mayor to meet with Engineer Motlagh regarding speed humps and will have recommendations back. Vice Mayor Carlson-Buydos — concerns about mistakes and hope there are safeguards to prevent these things from happening again. Unknown why sprinklers without being connected to water supply; city to set policy to deal with these as subcommitteess come on board; utility box issues — city franchises with cable and phone; suggested subcommittee include this with cable franchise renewal; first time aware of it is tonight; City Council Agenda December 18,2003 Page 15 of 17 Mayor Ayres — Potential timeline for landscape strip; Mr. Frank notified after what utilities are going to do.. City Manager Cosentini — would like to talk to staff and respond to City Council in next few days; if not replacement then bring back to City Council. Vice Mayor Carlson-Buydos — They will fight putting underground unless they are forced to do otherwise. Mayor Ayres —Working on speed humps criteria. Rec 9:45 to RDA Mayor Ayres moved to approve: 5.1 Vice Mayor Carlson-Buydos 2passes 4/0 Vice Mayor Carlson-Buydos moved to app 5.2 Mayor Ayres 2nd passes 4/0 Rec 9:46 back to 6.1 Shaw — Annual Care Bear event — provide stuffed animals to families in need Council member Conner — Vice Mayor Carlson-Buydos and he attended VEDC meeting looking forward to new director Vice Mayor Carlson-Buydos — Noted new director does weekly reports and will provide to council members to distribute to City Council if desired — highlighted Big interchange funded. Mayor Ayres — Ms. Muerk came to RTA and thought was good start. RTA reorganized elected to 15t vice chair To closed session at 9:50 7. CLOSED SESSION 7.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 7.2 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION City Council Agenda December 18, 2003 Page 16 of 17 Significant exposure to litigation pursuant to Subdivision (b) of section 54956.5: One (1) or more cases REPORT OUT OF CLOSED SESSION - WESTERN PACIFIC 7.3 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision O of Section 54956.9: One (1) or more cases 7.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-050-014, APN 431-050-016, and APN 431- 050-020 8. ADJOURNMENT By acclamation Mayor Ayres adjourned the meeting at 11:30 p.m. City of San Jacinto by Jim Ayres, Mayor City Council Agenda December 18,'2003 Page 17 of 17 by L. Chouinard, City Cle Approved as read: Approved as amended: Taken from the 12/19/02 Minutes: ✓� M/SIC (Ayres / Carlson-Buydos) moved to make the following appointments: Land Use and Development Committee (General Plan and Development Issues) CDBG Review Recycling & Refuse San Jacinto Levees Economic Development Historic Preservation Public Safety Chamber Liaison Healthy Communities Transportation (includes Hwy 79, RCTC & RTA) Riverside County Disaste Committee San Jacinto Disaster Response Committee Franchises Tribal Council Issues VEDC Ayres, Carlson-Buydos Ayres, Shaw Conner, Stubblefield Ayres, Buydos Conner, Shaw Stubblefield Shaw, Conner toi Shaw RTA — Ayres, Stubblefield RCTC - Carlson-Buydos, Conner All others — Ayres, Buydos Ayres, Shaw, _ (City Manager), Simmons (Police Chief), Simon (Finance Director), Hults (Community Development Director), Barron (Battalion Fire Chief) Shaw, Stubblefield , Conner Conner, Buydos Page 3 of 4 Water (includes Ground Water Association, EMWD Planning Task Force) 4th of July Parade LLMD Airportl Use Commission Library Motion carried unanimously. ConnerStubblefielci Buydos, Stubblefield Ayres, Stubblefield Buydos, Shaw Potts, Shaw Conner, Shaw (& librarian) Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Later Additions: 1/9/03 Finance Committee Appointments: Conner, Potts, Simon 2/6/03 Ramon Pageant Representative: Shaw a _ 5/15/03 Planning Commission and City Council Land Use Review Committee: , Carlson-Buydos (same as Land Use and Development Committee) 6/5/03 CR&R Contract: Shaw, Conner Ad Hoc Committees: Interviewers for Estudillo Mansion Committee Applicants: , Stubblefield - Interviewers for Planning Commission Applicants: Carlson-Buydos Task Force for the Homeless: Shaw, Cosentini Page 4 of 4 2/1212003 11'.06 90900coo NO PAGE 01 Central Cottniy United ay 2587 S. San Jacinto Street San Jacinto, CA 92583 909/929-9691 F 09-652- DAI FROM: PAGES: MESSAGE: q,dv 1v (*river/ 1,4- f jr.5sA-rlo,✓ hsSpG` ncluding Cove 474 klG /L- 4,4/5.1'N .70C- See us on the Web at CCUW.OR3 1 rOrt�Cfi{. ���� Sheet Community Development Block Grant Program Approved Funding Summary Fiscal Year 2003-2004 Program and Amount: Public Services Programs Assistant League/ Operation School Bell $ 4,500 Central County United Way/ Senior Home Repair $ 2,500 Community Pantry/ Food Program $ 2,100 Police Activities League/ After School Programs $ 10,000 ■ Ramona Visiting Nurses/ Mom &. Baby Program* $ 2,000 ® Senior Day Care Center/ Alzheimer Support Center $ 4,000 ■ City of San Jacinto/ Neighborhood Clean Up $ 7,000 ▪ Valley Wide Recreation! Scholarship Program $ 2,000 Sub -Total Public Services Program (15%) $ 34,100 Non Public Services Programs ■ Ramona Pageant/ Handicap Ramp* $ 1,900 ■ City of San Jacinto! Code Enforcement $ 74,250 ® City of San Jacinto/ Infill Sidewalk Program* $ 117,259 Sub -Total Non Public Services Program (85%) Total Approved Funding for Programs (100%) $ 193,409 $ 227,509 * Part or all of the funding of these programs were reprogrammed during the 2003/2004 fiscal year. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) APPLICATION SUMMARIES FY 2004/2005 Summary Information APPLICATION SUMMARIES Applicant/Agency Name Program Location/Description Funding Request Funding Recommended'. T.H.E. Center P.O. Box 5337 27260 Girard Hemet, CA 92544 Therapy for San Jacinto Citizens with Disabilities 27260 Girard in Hemet To provide Horseback Riding Therapy to disabled participants. The number of program participants is estimated at 32 per week. Funds will be used for salaries, travel expenses, and telephone expenses. $5,000 Kids Zone 123 South Carmelite Ave "' Hemet CA 92543 123 South Camellia Ave Will provide field trips and activities for water conservation education. Four events are planned. PAL participants will receive reduced or free rates. Number of expected participants are not defined. Funds are for consumable supplies, travel expenses, and other expenses. $5,000 San Jacinto Police Activities League, Inc. P.O.` Box 1515 San Jacinto, CA 92583 San Jacinto Police Activities League, Inc. (PAL), To provide various after school programs for youth, i.e., academic tutoring services, recreation, leadership training, etc. Program objectives is to curtail juvenile delinquency. Average daily attendance is between 30 and 50 participants. Requested funds are for salaries, travel expenses, and overhead. $10,203 $10,000 Court ; Appointed Special Advocates P.O. Box 3008 Indio, CA Court Appointed Special Advocates for Riverside County To recruit and train an additional fifteen new community volunteers, who in turn could serve fifteen additional dependent children from San Jacinto. Referrals are received for child abuse and neglect from DPSS. Funds are for salaries, fringe benefits, and volunteer training. $10,000 La Vista Recovery P.O. Box 1411 - San Jacinto, CA 92581 La Vista provides recovery services to alcoholic and drug addicted women so they can return to a normal family life and become productive members of society. Serves approximately 220 women a year in San Jacinto Valley. Funds are for salaries, consumable supplies, travel, & telephone. $5,000 12/11/200a 1 APPLICATION SUMMARIES Applicant/Agency Name Program Location/Description Funding Request Funding Recommended CASA, Center Against Sexual' Assault of Southwest County P.O. Box 256, Hemet, CA 92546-2564 Rape Crisis and Prevention 2577 "B" So. San Jacinto Avenue, San Jacinto To provide the rape victims and their families emergency food, housing, and assistance. Served 458 people last year in service area. Funds are for fringe benefits and consumable supplies. $2,000 Senior Day Care Center of Hemet -San Jacinto 625 South Pico San Jacinto, CA 92583 Senior Day Care Center, Alzheimer Resource and Support Center 625 South Pico, San Jacinto To provide a daycare center for seniors who are no longer able to provide for their own basic safety and well being. It provides a safe and protected environment for day time care.The number of participants is estimated at 18 families per day. $15,000 Valley -Wide Recreation and Park District P.O. Box 907 San Jacinto, CA 92583 Scholarship Program Provides scholarships to youths and families for after -school and recreation programs. Goal is 425 scholarships for the San Jacinto Valley. Funds are for scholarships. $5,000 $5,000 Central County United Way 2587 S. San Jacinto San Jacinto, CA 92583 Senior Home Repair To provide minor home repair services to low-income senior/disabled citizens, including leaky faucets, handicap railings, and leaky roofs. The number of program participants is estimated at 70 minimum. Funds are for salaries, equipment, consumable supplies, travel, $10,000 $10,000 Volunteer Center of Riverside County -Senior Ombudsman Services. P.O Box 5376, Riverside CA 92517 To provide seniors living in long-term facilities a voice and prevent elder abuse. Staff will visit monthly the six facilities in San Jacinto and resolve problems and ensure quality care. They also will match homeowners who want to share their home with people looking for low cost housing. They expect to serve 195 residents in San Jacinto. Funds are for salaries (7K), fringe benefits, consumable supplies, travel, & other. $10,000 12/11/2003 2 APPLICATION SUMMARIES Program: Location/Description Funding Request Funding Recommended Applicant/Agency Name Foster Grandparent Program! Central County United Way 2587 S. San Jacinto Ave. San Jacinto, CA 92583 Foster Grandparent Program 2587 San Jacinto Ave., San Jacinto To provide very low-income seniors a small stipend and benefits to work with children who are in need of on -on -one attention in the classroom. The number of estimated participants in 10 seniors and 50 children. $7,000 Retried and Senior Volunteer Program. 2587 S. San Jacinto Ave San Jacinto, CA 92583 Program provides a senior volunteer pool for numerous community programs including school and police organizations. The program benefits seniors interested in staying active and involved in the community and the organizations that utilize their services. $10,000 City of San Jacinto Neighborhood Clean Up 248 E. Main Street San Jacinto, CA 92583 Neighborhood Clean Up. Program provides additional trash pick up, including large items, at various times of the year. $9,000 $9,000 Public Services Funding Non- Profit Programs SUBTOTALS $103,203 $34,000 3 APPLICATION SUMMARIES Applicant/Agency Name Program Location/Description Funding Request Funding Recommended Non Public Services City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Code Enforcement Program To provide proactive and enhanced code enforcement services to CDBG targeted neighborhoods. $146,000 $146,00 City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Musuem Relocation to Estudillo Mansion $50,000 $50,000 Non Public Services Programs City Sponsored Programs and Projects SUBTOTALS $196,000 $196,000 TOTALS $230,000 $230,000 4 To: Peter Cosentini, City Manager From: Tim Hults, Community Development Director Date: October 23, 2003 Subject Development Agreements for Miscellaneous Subdivisions In May of this year, the City entered into six development agreements, one for a specific plan and five for miscellaneous subdivisions. As requested, to follow are some of the specific terms related to the agreements for the miscellaneous subdivisions. I will provide under separate cover a Memorandum delineating the deal points of the Cove Specific Plan Development Agreement. Development Agreement 03-02 Developer - Osborne Development Term —10 Years from Effective Date (6/02/03) Payment - $3200/DU Residential $15,000 Commercial Office Building Timing of Payment — 50% of total feels due 6 months after effective date, remainder due at each final map (residential) and at building permit issuance (commercial) Projects —20,000 square feet medical office building Tract 28858-Al (DA Fees Paid)- 65 lots Tract 29917 — 135 lots Development Agreement 03-03 Developer— Empire Homes - Nevada Term — 10 Years (6/02/03) Payment - $3200/DU Timing of Payment — 50% of total feels due 6 months after effective date, remainder due at each final map Projects — Tract 30644 - 149 lots Community Development Peter Cosentini October 24, 2003 Page 2 Development Agreement 03-04 Developer — Riverside Valley Land Company Term —2 Years (6/02/03) Payment -- $3200/DU Timing of Payment — Recordation of each final map Projects —Tract 30944 - 103 lots Development Agreement 03-05 Developer -- 7th Street Partners Term —2 Years (6/02/03) Payment - $3200/DU Timing of Payment — Recordation of each final map Projects —Tract 30878 - 172 lots Development Agreement 03-06 Developer — GKH Partners Term — 2 Years (6/02/03) Payment - $3200/DU Timing of Payment — Recordation of each final map Projects — Tract 30597 - 116 lots Tract 30481 — 137 lots C: Bernie Simon, Finance Director DA 03-02 Osborne Development 03-02 Osborne Development 03-02 Osborne Development 03-03 Nevada Empire Homes 03-03 Nevada Empire Homes 03-04 Riverside Land Developmen 03-05 7th Street Partners 03-06 GKH Partners 03-06 GKH Partners Total Schedule Excludes the Cove City of San Jacinto Development Agreement Schedule All Agreements 6/2/2003 Due Due Total Tract Units Residential Commercial 12/2/2003 Final Map Paid to Date 28858-a1 65 $ 208,000 $ N/A N/A $ 208,000 6/2/2003 29917 135 $ 432,000 $ - $ 216,000 $ 216,000 $ Office Bldg 1 $ - $ 15,000 $ 7,500 $ 7,500 $ - 30644-1 76 $ 243,200 $ N/A N/A $ 243,200 11/3/2003 30644 73 $ 233,600 $ N/A $ 116,800 $ 116,800 12/2/2003 30944 103 $ 329,600 $ - $ - $ 329,600 $ 30878 172 $ 550,400 $ - $ - $ 550,400 $ 30597 116 $ 371,200 $ $ - $ 371,200 $ - 30481 137 $ 438,400 $ $ $ 438,400 $ $ 2,806,400 $ 15,000 $ 223,500 $ 2,029,900 $ 568,000 Received $ 208,000 FY 02-03 $ 360,000 FY 03-04 $ 568,000 association VALLEY MUSEUM ASS 18I East Main Street San Jacinto, Caiifornia 92383 December 16, 2003. To: The members of the San Jacinto City Counc Subject: Relocation of the San Jacinto Municipal Museum. 1. The November rains have exposed dry rot in the supports of the present museum roof,' making the structure unsafe. 2. The San Jacinto Valley Museum Association, which was £ouued to give financial assistance to the City Museum, proposes to relocate the museum!, on the grounds of the Estudillo Historical Park. 3. The San Jacinto Valley Museum Association Board, which consists of 9 elected members, voted to provide the :funding to purchase a building which will be located on a site in the park designated by the City of San Jacinto. 4.The San Jacinto Valley Museum Association will provide volunteers to pack the artifacts in the present museum, and move them to the new 'location. Respec_fully submitted, /rack Warneke, President San Jacinto Valley Museum Association SNOdS3H En 0 sio co z 0 1 A113 0.LN m L Dorothy Chouinard San Jacinto Unified )ol District - Joint Comunity FacilitiesAgrr ents (2) Page 1 From: "Jeff Ballinger" <JSBallinger@bbklaw.com> To: <dchouinard@sanjacintoca.us> Date: 12/9/03 3:29PM Subject: ` San Jacinto Unified School District -- Joint Comunity FacilitiesAgreements (2) Hi Dorothy, I'm glad I sent the e-mail! Attached is an agenda item for next Thursdays Council meeting. This can be a consent calendar item. The description should be, "San Jacinto Unified School District - Joint Community Facilities Agreements - Consider and adopt resolution approving two (2) Joint Community Facilities Agreements with the San Jacinto Unified School District and authorize the City Manager to execute the same." This item has changed since the December 4, 2003 version, as one of the agreements has been eliminated, bringing the total agreements to 2. In addition to then attached agreements, there is also attached a resolution approving them, and a staff report explaining the effect of the agreeements. Let me know if you have any questions. Jeffrey S. Ballinger, Esq. Best Best & Krieger LLP 3750 University Avenue Suite 400 Riverside, California 92502 Ph. 909.686.1450 Fx. 909.686.3083 E-Mail JSBallinger@bbklaw.com This e-mail and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this email in error, please advise the sender via reply email and delete the email you received. »> "Dorothy Chouinard" <dchouinard@sanjacintoca.us> 12/09/03 14:04 PM »> Thanks for the heads up - Grace is off today so glad you cc'd me. Thanks! And hope you are feeling much better very soon. »> "Jeff Ballinger" <JSBallinger@bbkiaw.com> 12/09/03 11:46AM »> Grace, I won't be able to make today's meeting, as I think I have the flu. I'm trying to do as much work as possible from home and will get Dorothy the agenda items for the 18th meeting from our office today. Jeffrey S. Ballinger, Esq. Best Best & Krieger LLP 3750 University Avenue Suite 400 Riverside, California 92502 Ph. 909.686.1450 Fx. 909.686.3083 E-Mail JSBallinger@bbklaw,com This e-mail and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this email in error, please advise the sender via reply email and delete the email you received. *****************************:************* **************** *********** ************* This email and any files transmitted with it may contain privileged or i Dorothy Chouinard - SJUSD Joint Commu Facilities Agreement Pa9e 1 From: "Jeff Ballinger" <JSBallinger@bbklaw.com> To: <dchouinard@sanjacintoca.us> Date: 12/9/03 3.36PM Subject: SJUSD Joint Community Facilities Agreemen Lets try this again! Jeffrey S. Ballinger, Esq. Best Best & Krieger LLP 3750 University Avenue Suite 400 Riverside, California 92502 Ph. 909.686.1450 Fx. 909.686.3083 E-Mail JSBallinger@bbklaw.com This e-mail and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this email in error, please advise the sender via reply email and delete the email you received. »> "Dorothy Chouinard" <dchouinard@sanjacintoca.us> 12/09/03 14:04 PM »> Thanks for the heads up - Grace is off today so glad you cc'd me. Thanks! And hope you are feeling much better very soon. »>"Jeff Ballinger" <JSBallinger@bbklaw.com> 12/09/03 11:46AM »> Grace, I won't be able to make today's meeting, as I think I have the flu. I'm trying to do as much work as possible from home and will get Dorothy the agenda items for the 18th meeting from our office today. Jeffrey S. Ballinger, Esq. Best Best & Krieger LLP 3750 University Avenue Suite 400 Riverside, California 92502 Ph. 909.686.1450 Fx. 909.686.3083 E-Mail JSBallinger@bbklaw.com This e-mail and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this email in error, please advise the sender via reply email and delete the email you received. *********************************************************************************** This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. **********************:***************************************:*****:**************** DATE: FROM: PAGES: Central County United 2587 S. San Jacinto Street San Jacinto, CA 9258 909/929-9691 FAX/909-652 4 MESSAGE: M q y 4/$ r 'rD 8C Th . ' rL 4h`-14A1 ' Ass cc- , Including Cover Sheet ,e74/E , 7,©/T7o.v woe .J4-LE See us on the Web at CCUW_ORG G!'Ra e 7" 12/12/2003 11.: 06 9090000P NO PAGE 02 SAN JACINTO MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Dorothy L. Chouinard, City Clerk DATE: December 5, 2003 SUBJECT: 2002-2003 Maddy List aka Local Appointments List A memo was sent November 21, 2003 regarding the appointments made December 19, 2002. It was again included in the 12/4/03 Staff Report, Agenda item 4.1 on the Reorganization. Attached is current information prior to 12/4/03. A subcommittee will be added to include the Estudillo Mansion Committee. City Clerk 12/12/2003 11:06 909a000P.' NO PAGE 03 Taken from the 12/19/02'Minutes: IS/C (Ayres / Carlson-Buydos) moved to Land Use and Development Committee (General Plan and Development Issues) CDBG Revie Recycling & Refuse San Jacinto Levees Economic Development Historic Preservation Public Safety Chamber Liaison Healthy Communities Transportation (includes Hwy 79, RCTC & RTA) Riverside County Disaster Committee San Jacinto Disaster Response Committee Franchises Tribal Council Issues VEDC ke the following appointments; Ayres, Ca Ison-Buydos' Ayres, Shaw Conner, bblefieid Carlson-Buydos, Ayres Ayres, Buydos Conner, Shaw Ayres, Stubblefield Shaw, Conner Shaw RTA — Ayres, Stubblefield RCTC - Carlson-Buydos, Conner All others — Ayres, Buydos Ayres Ayres, Shaw, Harding (City Manager), Simmons (Police Chief), Simon (Finance Director), Hults (Community Development Director), Barron (Battalion Fire Chief) Shaw, Stubblefield Ayres, Conner Conner, Buydos Page 3 of 4 ater (includes Ground Water Association, EMWD Planning Task Force) 4th of July Pa LLMD Airport Land Use Commission Library Buydos, Stubblefield Ayres, Stubblefield Buydos, Shaw Potts, Shaw Conner, Shaw (& librarian) Motion carried unanimously. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Later Additions: 1/9103 Finance Committee Appointments: Conner, Potts, Simon 2/6/03 Ramon Pageant Representative: Shaw 5/15/03 Planning Commission and City Council Land Use Review Committee: Ayres, Carlson-Buydos (same as Land Use and Development Committee) 6/5/03 CR&R Contract: Shaw, Conner Ad Hoc Committees: Interviewers for Estudillo Mansion Committee Applicants: Ayres, Stubblefield Interviewers for Planning Commission Applicants: Ayres, Carlson-Buydos Task Force for the Homeless: Shaw, Cosentini Page 4 of 4 TO: FROM: DATE: SUBJECT: MEMORANDUM The Honorable Mayor and City Council Members Dorothy L. Chouinard, City Clerk December 5, 2003 2002-2003 Maddy List aka Local Appointments List A memo was sent November 21, 2003 regarding the appointments made December 19, 2002. It was again included in the 12/4/03 Staff Report, Agenda item 4.1 on the Reorganization. Attached is current information prior to '12/4/03. A subcommittee will be added to include the Estudillo Mansion Committee. City Clerk r-- (D 01, ,,347- L.5/)-- -, , & -,,r- <s , • 6.9J-5 re--9"3 OL./ nu e A- f ( Dorothy Chouinard - Re: Resolutions Page 1 , From: Pam Stull To: Dorothy Chouinard Date: 1/6/04 3:21 PM Subject: Re: Resolutions 4 5.1.4 is for $220,000 4 ° 5.1.9 is for $27,404 4 5.2.0 is for $7,599 4 Is that what you wanted? »> Dorothy Chouinard 01/06/04 03:14PM>>> 12/12/2003 11.: 0E, 909000000P NO PAGE 02 SAN JACi N.17.0 MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Dorothy L. Chouinard, City Clerk DATE: December 5, 2003 SUBJECT: 2002-2003 Maddy List aka Local Appointments List A memo was sent November 21, 2003 regarding the appointments made December 19, 2002. It was again included in the 12/4/03 Staff Report, Agenda item 4.1 on the Reorganization. Attached is current information prior to 12/4/03. A subcommittee will be added to include the Estudillo Mansion Committee, City Clerk Stetson will use available operating cost information to evaluate the effectiveness of the City's lift stations. Recommendations for improvements to the existing lift capacity, including estimated costs will be provided. Task 9. `Evaluation of Future Wastewater Collection Conditions Any deficiencies of the existing wastewater collection system to meet existing and future needs based on the design standards and the required improvements and capital costs to bring the level of service up to those of design standards will be identified. Task 10. Develop Final Repo. Stetson will consolidate key information from the previous tasks into a comprehensive update to the 1992 Sewer Master Plan. The plan will include` summary tables and.. schedules to concisely convey the components of the plan. Stetson proposes preparing a draft of the Master Plan and to meet with City staff to review the draft. Stetson will document discussion and proposed revisions from the draft review meetings in meeting notes. Stetson will incorporate proposed changes and prepare the Final Updated Master Plan. DESCRIPTION OF FIRM Stetson Engineers Inc. (Stetson) is a widely recognized medium-sized consultant specializing in planning water resources and problem solving. Water supply and water contamination have become major Southern California issues that this firm has met head-on to help secure and fund the water supplies of the future. Stetson was founded in 1957 by Thomas'M. Stetson, as Thomas M. Stetson Civil and Consulting Engineers. In 1977, the Company was incorporated as Stetson Engineers Inc. We now have over 40 professionals located in Covina, San Rafael, California and Mesa, Arizona. Stetson is an employee stock -owned company. The firm provides complete engineering, utility management, and agricultural engineering. The client sector includes federal, state, municipalities, water districts, public utilities, industrial firms, and private individuals. This firm specializes in all phases of water resources engineering, including water system design for complete distribution systems, pipelines, reservoir storage facilities, pumping stations, and water treatment facilities, water well design and development, and hydrogeological studies of groundwater basins. Our services include the preparation of feasibility studies, water supply evaluations, master plans, computer modeling of water systems and groundwater basins, financial planning and analysis, preparation of specifications construction drawings, and contract documents. In addition, we supervise and coordinate the solicitation of contractor's bids, perform bid evaluations, provide field supervision and construction inspection. -5- Stetsonhas considerable experience with design and construction management for water system improvements. Stetson has designed and managed construction of water supply, `'pipelines, booster stations, reservoirs, and wells. Stetson serves as District Engineer for several California water districts, including the Upper San Gabriel Valley Municipal Water District, the San Gabriel Valley Municipal Water District, and the Santa Ynez River Water Conservation District. RELEVANT EXPERIENCE Stetson Engineers Inc. has been involved in numerous water utility analyses, evaluations, valuations, economic studies and master plans. The following is a list of a few of Stetson's clients and brief descriptions of projects relevant to the City of San Jacinto's (City) Water Sewer Master' Plans. City of San Jacinto Regional Groundwater Management Planning Stetson is currently providing the City with professional engineering services in support of the City's evaluation and participation in the Groundwater Management Plan (GWMP). Stetson represents the City in GWMP Policy Committee Meetings, and GWMP Technical Committee 'Meetings. . Stetson then reviews, evaluates, makes recommendations as requested, and attends coordination meetings. City of San Jacinto Urban Water Management Plan Stetson assisted the City with development of its Urban Water Management. That Plan addressed past, present and projected population, water requirements, system facilities and water resources. Fontana Water Company Service for Hunter's Ridge Development Stetson provided technical support, including development of a hydraulic computer model of the Fontana Water Company system, against the City of Fontana for Fontana. Water Company's right to serve the Hunter's Ridge Development in Fontana. Stetson developed an electronic inventory of facilities and utilized the model constructed to evaluate operating conditions of the existing, system. Santa Ynez River Water Conservation District Stetson Engineers Inc. has served as District engineer for over 25 years and continually provides professional engineering services to the District. These services include ground -water management, flood damage evaluation and reconstruction, aquifer characteristics testing, water supply studies, negotiations with the State Water Project for water supply, design of system improvements (wells, pipelines, booster stations, reservoirs), water system modeling, and master planning. -6- son's team members have Investigations completed for the SYRWCD have included studies of: 1) projected future water requirements for all users in the basin, located downstream of Lake Cachuma and 2) the design of numerous water supply improvement projects such as wells, pump stations, pipelines, and diversion structures.` City Of Industry, California Stetson Engineers Inc: completed a recycled water system master plan for the City of Industry, which addressed system analysis, water demand projections, recommended system improvements, and regulatory compliance.' City Of Bakersfield, California Stetson Engineers Inc. prepared a master plan for the City of Bakersfield to address expansion of water service and coordination with investor owned domestic water utilities. Part of the master, plan addressed the condition and operation of a water supply system obtained as part of a larger acquisition, which included substantial water rights, storage rights and other operational issues. RECORD OF PERFORMANCE The following are a few examples of the many projects Stet successfully completed on time and on budget. Hasley Canyon Development — Stetson prepared an evaluation of available groundwater supplies, estimates of water demands under various development alternatives, and obtained Los Angeles County approval of the development's water supply plan. Contact: Dan Palmer ;< Palmer Investments Telephone No. (310).576-6700 Copa de Oro Development — Stetson prepared a Water Supply Assessment as required by SB610 (Costa), including estimating project water demands and evaluating alternative water supplies for a development in the Antelope Valley. The water supply plan developed by Stetson for the project was referred to as the "model" for future projects in the Antelope Valley by the Antelope Valley -East Kern Water Agency. Contact: Dan Palmer Palmer Investments Telephone No. (310) 576-6700 -7- Groundwater Recharge Siting Study — Stetson prepared a Groundwater Recharge Siting Study for the Antelope Valley State Water Contractors Association. The Study included a water quality evaluation, infrastructure planning, and cost estimating. The study was completed under budget. Contact: Dennis La Moreaux Palmdale Water District Telephone No. (661) 947-4111 Water System Engineering - Stetson has had a long-term relationship providing a variety of water system engineering services to the Santa Ynez Water Conservation District, Improvement District No. 1. Stetson has recently completed the design and construction management for a 3.2 million gallon reservoir and a pump station. Contact: ' Chris Dahlstrom, General Manager Santa Ynez River Water Conservation District, Improvement District No. 1 Telephone No. (805) 688-6015 Recycled Master Plan - Stetson prepared a recycled water system master plan for the City of Industry, which included water demand projections, recommended system improvements and regulatory compliance. Contact: John Ballas City of Industry (626) 333-2211 INSURANCE Stetson Engineers maintains the following insurance policies: Commercial General Liability and Property Damage Property Damage CNA Insurance Policy ACC 2067234144 Per occurrence $1,000,000, General Aggregate $2,000,000 Personal & adv. Injury $1,000,000 Fire Damage (any one fire) $100,000 Effective 3/7/03 through 3/7/04 Deductible: $1,000 Commercial Automobile Liability Century -National Insurance Policy BAP18032003 -8- Combined Single Limit $1,000000 Scheduled, Hired and non -owned autos (Stetson owns one van and leases one auto) Stetson policy forbids employee use of any vehicle not covered by company insurance. Effective 3/18/03 through 3/18/04 Deductible: $1,000 Excess Liability'- Umbrella Form Fairmont Insurance Policy SCU 000544 Each occurrence $1,000,000; Aggregate $1000,000 Effective 3/7/030 through 3/7/04 Professional Liability (Errors and Omissions): Great American Insurance Co. Policy EDN 3208870 Effective 1/1/03 through 1/1/04 Per Claim $1,000,000; Aggregate $1,000000 Deductible: $35,000 Workers Compensation Insurance Harbor Specialty Policy No SC80-0702-20404 Statutory Limits; Each accident $1,000,000 Effective 7/1/03 through 7/1/04 WORK LOCATION The majority of this assignment will be performed in Stetson's local office in Covina, California. The address is: 861 Village Oaks Drive Suite 100 Covina, CA INFORMATION TO BE PROVIDED BY THE CITY The usefulness of the Water and Master Plan updates will greatly depend on the information that is available for the evaluation described in the Scope of Work. Discussions with City staff will be valuable input to identify known critical areas. Stetson assumes most of the following information will be available from the City to conduct this assignment: • City infrastructure maps and descriptions i Complaint records • Repair records • Previous studies and reports on water production, storage and distribution facilities -9- • Historical water demands, broken down by user categories • Descriptions of any existing water conservation programs • Land use maps and information on potential future development and projected growth rates in the City -10- STETSON PROPOSAL Total Cost: Total Hours: $ 30,000 276 Stephen B. Johnson Kevin Srriead Quang Nguyen J.T. Gardiner Staff Engineer Administrative Staff Principal Project Principal Supervising Engineer Project Manager Supervising Engineer Project Engineer Senior Engineer Associate Engineer Administratve I PROJECT BUDGET AND STAFF ALLOCATION CITY OF SAN JACINTO COMPREHENSIVE WATER MASTER PLAN 160 150 150 125 75 55 Task 1 Data Collection 4 $ 640 4 $ 600 $ . - 4 8 $ 500 $ 600 $ $ Task 2 Design Criteria 8 16 $ $ 1,000 $ $ $ 1,200 20 Task 3 Evaluation of Water Production Production and Distribution Facilities $ - 4 -$ 600 4 $ ' 600 $ 2,500 24 $ 1,800 $ - Task 4 Water Supply Optimization. " $ - 4 $ 600 4 $ 600 8 12 $ 1,000 $ 900 $ - $ Task 5 Develop Final Report 4 $ 640 4 $ .. 600 4 $ 600. 16 16 12 $. 2,000 $ 1,200 $ 660 Task 6 Data Collection 4 $ _. .640 $ 4 $ $ 500 600 $ Sub Total Expenses i $ 200 1$ - 1 $ 4001 1$ �$ 500 1 $ Task 7 Design Criteria 8 16 $ 1,000 $ 1.200 $ - 1$ 1 Task 8 Evaluation of Existing Wastewater Collection - 16 16 2,000 1,200 400 Task 9 Evaluation of Future Wastewater Collection Conditions 16 $ $ $ 1,000 1.,200_ Task 10 Develop Final Report 16 16 12 $ $ $ .128 192 �$ Total 20 I %y t 1 24 Wigs', 52 I" 28 Bir, 56 Notes: Reimbursable expenses include reproduction costs, mileage, computer charges, telephone and other expenses billed at cost on Fee Schedule 2 32 - w', . . -VA 24 I .__., . '1 48 STANDARD FEE SCHEDULE Effective July 1, 2003 Principal $160,00 Per Hour Supervising Staff I Supervising Staff II Senior I Senior II Senior HI Associate I Associate II Associate ID Assistant I Assistant II Assistant III GIS Manager GIS Specialist AutoCAD Technician Project Coordinator I Project Coordinator II Project Coordinator III Contract Management Technical Illustrator Administrative I Administrative II Administrative III Aide I Aide II Aide III $150.00 Per Hour $140.00 Per Hour $125.00 Per Hour $115.00 Per Hour $105.00 Per Hour $ 90.00 Per Hour $ 85.00 Per Hour $ 80.00 Per Hour $ 75.00 Per Hour $ 70.00 Per Hour $ 65.00 Per Hour $ 95.00 Per Hour $ 65.00 Per Hour $ 65.00 Per Hour $105.00 Per Hour $ 75.00 Per Hour $ 65.00 Per Hour $ 80.00 Per Hour $ 70.00 Per Hour $ 55.00 Per Hour $ 50.00 Per Hour $ 40.00 Per Hour $ 60.00 Per Hour $ 50.00 Per Hour $ 40.00 Per Hour (Testimony and depositions are billed at $200 per hour or $1,000 per day, minimum, whichever is greater.) EXPENSES: Telephone, reproduction, commercial transportation (coach), meals, lodging, computer charges, postage and other expenses are billed at cost, plus 10 percent. STETSON ENGINEERS INC. EXPENSE RATE SHEET EXPENSE DESCRIPTION Fax CAD Computer Input Mileage Reproduction (In-house) BILLING RATE $0.30 / page $ 15.00 / hour $ 5.00 ! hour $0.36 / mile $0.15 ! page All other expenses (i.e., telephone, commercial transportation, meals, lodging, postage, outside reproduction, etc.) are billed at cost. ORGANIZATION T Managing Principal, Vice -President Mr. Johnson is Vice President and Managing Principal of the West Covina office of Stetson Engineers. He supervises, directs or performs engineering on a wide variety of projects, but primarily provides overall project management. On design projects, this may encompass pre - design feasibility studies, design plans and specifications, contractor solicitation and selection, construction management including supervision of inspection, progress reports and pay estimates, final inspection and startup. Mr. Johnson has prepared enviromnental documents in compliance with the California Environmental Quality Act (CEQA). EDUCATION: CREDENTIALS: B.S. Civil Engineering California State Polytechnic University, Pomona, 1977 Civil Engineer No. 32396, California, 1981 PROFESSIONAL EXPERIENCE: 25 years SELECTED PROJECTS: Mr. Johnson has been involved in numerous studies and reports. The studies have included water system master plans, water system valuations, water rights quantification and valuation, supplemental water requirement studies, alternate water supply studies, annual reports, water quality monitoring reports, ground -water management studies, and project feasibility studies. Mr. Johnson has supervised the use of computer modeling in water system evaluation and design. This typically includes pressure zone evaluation, reservoir size and location, pump system requirements, pipe sizing and operational studies. Mr. Johnson has been integrally involved with the management of both water production and water quality within the Main San Gabriel Basin (Basin). Mr. Johnson was involved with the development and implementation of the groundwater monitoring plan in accordance with Assembly Bill 1803. That monitoring plan developed into and on -going groundwater monitoring plan for the entire Basin. He oversees the preparation of annual reports for the Main San Gabriel Basin Watermaster (Watermaster) and the Area Agency Water Quality Monitoring Plan for the San Gabriel Valley. Mr. Johnson works continually in the on -going effort in cleanup of groundwater contamination in the Basin with Watermaster, water producers, the Environmental Protection Agency and the Potential Responsible Parties. Since the early 1980s, Mr. Johnson has been heavily involved with engineering solutions to contamination of drinking water supplies. This work involves a wide range of experience and expertise, including site and regional characterization of soil and groundwater contamination, hydrogeologic studies, groundwater basin modeling, development of cleanup and water supply plans, remediation studies, development and full implementation of treatment projects, and Stetson Engineers, 1plc eiof6 STEPHENB. JOHNSON, P.E. Managing Principal, Vice-Presiden coordination with all regulatory agencies. The contaminants of concern include volatile organic compounds (VOCs), Perchlorate, NDMA, 1-4 Dioxane, Chromium and others. This work has been performed in full cooperation with the U.S. Environmental Protection Agency, the State Department of Toxic Substance Control, the Department of Health Services, the State Water Resources Control Board, and the Regional Water Quality Control Board. The following projects ar epresentative of Mr. Johnson's experience: City of Los Angeles, Department of Water and Power, Supplemental Water Study. City of Los Angeles, Department of Power Contracts. Upper San Gabriel Valley Municipa • Supervision of District Engineering Duties • ater and Power, continuing studies on Hoover Dam ater Distric Area Wide Water Quality Monitoring Plan AB 1803 Water Quality Monitoring Plan AB 797 Water Conservation Plan Feasibility Studies - Use of Reclaimed Water Supervision of EPA Superfund Sub -Contract Drought Studies Puente Hills Landfill Investigation • District Mapping • Reclaimed Water Study San Gabriel River Watermaster, Supervision of Office Duties to Watermaster. East Pasadena Water Company, Design of Water Main Extensions for Fire Service. Kaiser Steel, Valuation of Water Related Holdings at Fontana Plant. City of Bakersfield Design of Turnout Structure - Kern River Design of Turnout Structure - Canal Water System Master Plan Review of New Development Plans Design of Box Culvert Acquisition of New Facilities Water System Operations Study Santa Ynez River Water Conservation District • Design of Reservoir Renovation Stetson Page 2 of 6 STEPHENB. JOHNSON, P.E. Managing Principal, Vice-Presiden • Design of Lake Cachuma Intake Facili y< • Design of Well Fields (6.0 cfs, 4.0 cfs and 1.73 cfs Design of Booster Station • Administration of State Loan and Grant • Supervision of Cathodic Protection • Design of Well No. 15 Pumping Equipment • Lake Cachuma Intake Maintenance • Zone HI Reservoir Design Cachuma Pipeline Rehabilitation SWP Facilities Design City of Solvang • Design of Wells No. 7 and 8 Water Supply San Gabriel Valley Municipal Water District • Feasibility Study Hydroelectric Generation Stations Continuing Developer Interaction Responsibilities Supervision of Periodic Pipeline As -Built Updates Feasibility Study and Acquisition for Turnout Structure Transmission Pipeline Rehabilitation Project • State Water Project Entitlement Report Urban Water Management Plans Pipeline Extension Project City of Industry, Master Plan of Development Main San Gabriel Basin Watermaster Supervision of Engineering Duties Basin Water Quality Studies Basin Modeling Enforcement of Pumping Control Operable Unit Cleanup Plans Cleanup Projects Full Compliance Permitting Puente Basin Watermaster, Supervision of Engineering Duties Str-tson Engineers, Inc_ Page 3 of STEPHEN B. JOHNSON, RE, Managing Principal, Vice-Presiden Buellton Community Services District Water System Design Sewer System Design City of Torrance, Feasibility Study on Hydroelectric Generation Mr. Riley Metz, Site Drainage Study and Improvement Mr. Redmond, Flood Damage Study, Boy Scouts of America, Flood Damage Study Rapid Transit District, Waste Discharge Study Mr. Lapin, Flood Damage Study U.S. Department of Navy, Camp Pendleton Water System Study Water System Design City of Claremont, Representative on Proposed Quarry Development Cabazon Water Company, Valuation Study HLM 'Water System, Valuation Study Citizens Utilities Company, Valuation of Jackson Water Works County of San Bernardino, Safe Yield Study Walsh v. State of California, Flood Damage Study Three Valleys Municipal Water District, Subagency Report Morongo Water System, Valuation Study La Quinta Water System, Valuation Study City of Ontario, Flood Damage Study Serrano Park Homeowners Association, Flood Plain Improvements California Department of Fish and Game, Valuation of Water Rights at Indian Joe Spring Sunnymead Ranch Lake Reconstruction City of Livermore and California Water Service, Trade of Service Areas - Arbitration Sparkletts Water, Water Supply Study Cancun Racquet Club, Subsidence Evaluation East Highlands Ranch, Water Rights and Consultation Work Covina Irrigating Company Valuation Hartman Farms (Ohio), Coordination of basin recharge with rock and sand operations Turner Ranches Valuation of Sanitary System Stetson Engineers, In Page? of STEPHEN B. JOHNSON, RE. Managing Principal, Vice -President City of Barstow • Water Rights • Mohave River Water Quality Evaluations • Contaminant Investigations City of Glendora, Conjunctive Use Study Lewis Homes Management Corp., Water Resources and Supply Studies City of Oceanside Water Resources Study City of Upland, Water Rights Evaluation San Gabriel Basin Water Quality Authority • Consulting Services • Arrow Well Project • Big Dalton Project • Monrovia Project City of Bullhead City, Wastewater Treatment Plant Evaluation Azusa Valley Water Company Valuation American Water Works, Well Design City of Covina, Valuation of Covina Irrigating Company Suburban Water Systems, Valuation of Facilities City of Whittier Urban Water Plans Lewis Homes, Monrovia Nursery Water Resources Beverly Acres Mutual Water User's Association Valuation Southern California Water Company, Staff Projects City of Oceanside - Water Resources Study Prado Dam Flood Damage - Perrizo Chino Basin Watermaster - Engineering Santa Margarita Water District - Appraisal San Gabriel Valley Water Co. v. Sanitation Districts Tri-Cities/Camp Pendleton - Economic Evaluation of Conjunctive Use Water Supply Project Three Valleys Water District - General Engineering San Gabriel River Water Committee - General Engineering City of Beverly Hills - Water Distribution System Analysis Deson Enzineers, Inc. Page 5 of 6 STEPHEN B. JOHNSON, P.E. Managing Principal, Vice-Presiden Valley County Water District Urban Water Management Plan Valley County Water District- General Engineering Montebello Land and Water Company City of Oceanside - Water Rights and System Modeling City of Oxnard - Water Quality Raymond Basin - Perchlorate Study Star Kist Foods - Water Rights Evaluation Orange County Water District - Prado Basin Cons East Highlands Ranch Water Supply Elsinore Water District Well Interference LPVCWD Perchlorate/NDMA Facility Tejon Ranch Water/Sanitation City of San Diego Studies OHS Permitting - Policy 97-005 SEMOU Cleanup Plans SCWC SEMOU Water PROFESSIONAL AFFILIATIONS: acted Wetlands` American Society of Civil Engineers, ASCE American Society for Testing and Material, ASTM (Corporate) American Water Works Association, AWWA (Corporate) National Society of Pro fessional Engineers, NSPE son Engineers, Inc. Page 6 of 6 K VIlY Re P.E. Supervising Engineer Mr. Smead has been employed by Stetson Engineers Inc. since 1980. He has participated in many hydrologic investigations of ground -water basins in the southern California area. He specializes in ground -water supply investigations, ground -water basin management and ground water quality protection. EDUCATION: B.S. Civil Engineering California State Polytechnic University, Pomona 1980 CREDENTIALS: , Civil Engineer No. 47859,;California, 1991 PROFESSIONAL EXPERIENCE: 22 years SELECTED PROJECTS: Upper San Gabriel Valley Municipal Water District Evaluate Impacts of Metropolitan Water District new rate structure. Prepare study identifying existing and potential water recharge facilities. • Develop projections of future supplemental water requirements. Tri-Cities Municipal Water District • Evaluate impact of Metropolitan Water District new rate structure regarding proposed lease of basin storage. Main San Gabriel Basin Watermaster • Develop and administrate the water quality monitoring program for water companies following monitoring requirements in Title 22. Participate in the development and implementation of the Five -Year Water Quality and Supply Plan. Develop staff reports reviewing potential impacts on ground -water contamination as a result of drilling new wells. Prepare the annual Operating Safe Yield report. Prepare the Annual Report, which reviews each year's activities, water rights history and water use. Supervise the meter testing program. Prepare report on feasibility by use of Reclaimed Water for ground -water recharge. Review effects of proposed rate structure of Metropolitan Water District of Southern California. Study impacts to groundwater quality resulting from construction of new wells. Enginee. I4ige I KEVINR. SMEAD, P.E. Supervising Engineer San Gabriel River Watermaster • Prepare an Annual Report identifying usable surface flow, unusable outflow and subsurface flow across Whittier Narrows. San Gabriel Valley Municipal Water District • Prepare water supply study identifying long-term supplemental water requirements Water System Valuations Beverly Acres Mutual Water Users Association Develop Urban Water Management Plans • City of Whittier Upper San Gabriel Valley Municipal Water District • San Gabriel Valley Municipal Water District • Valley County Water District Stetson Engineers-, inc. Page 2 of 2 JA E l • GA DIN R, P.E. Senior Engineer Mr. Gardiner is a senior engineer at Stetson Engineers Inc. with 14 years experience as a Civil Engineer specializing in design and construction management of water and wastewater projects. Mr. Gardiner has acted as both project manager and engineer on a number of projects involving water treatment, pipelines, pump stations, and reservoirs. EDUCATION: B.S.` Civil Engineering Brigham Young University, Provo, Utah,1988 CREDENTIALS: Civil Engineer, No. 48280, California, 1991 PROFESSIONAL EXPERIENCE: 14 years SELECTED PROJECTS: Construction phase engineering and management services for the Santa Ynez River Water Conservation District, Improvement District No. 1, 3.2 Million Gallon, Zone III Reservoir Project. Design and construction management of the La Puente Valley County Water District's Perchlorate Treatment Facility Project. The project included site, structural, mechanical and electrical engineering for the installation of Calgon Carbon Corporation 1SEP and Rayox treatment equipment designed to clean contaminated groundwater to California drinking water standards. Design and construction management of the La Puente Valley County Water District's Low Pressure UV Demonstration Project. The project included site, structural, mechanical and electrical engineering for the installation of Trojan Technologies low pressure UV treatment equipment and a new booster pump station. Design engineering services and construction phase services for Valley County Water District's Connection to MWD Middle Feeder Project. The project installed a 20-inch diameter pipeline connecting Valley County Water District's distribution system to MWD's system. • Design and construction management of the La Puente Valley County Water District's Hudson Reservoir Replacement Project. The project included site, structural, mechanical and electrical engineering for the replacement of a small, 70 year old reservoir. • Design of the California Domestic Water Company's Well No. 14 Treatment Facility Project. The project included site, structural, mechanical and electrical engineering for the installation of Calgon Carbon Corporation Rayox treatment equipment designed to clean contaminated groundwater to California drinking water standards. • Design of the Orange County Water District's UV Oxidation of NDMA Project. The project included site, structural, mechanical and electrical engineering for the installation of Calgon Carbon Corporation Rayox treatment equipment at two different sites. Design of the San Gabriel Valley Water Company's Plant B6 Treatment Facility Project. The project includes site, structural, mechanical and electrical engineering for the Simon Enginee Page I of TAMES T. GARDINER, RE, Senior Engineer installation of Calgon Carbon Corporation ISEP and Trojan Technologies UV treatment equipment designed to clean contaminated groundwater to California drinking water standards. Design of the Valley County Water District's Arrow Lame Treatment Facility Project. The project includes site, structural, mechanical and electrical engineering for the installation of Calgon Carbon Corporation ISEP and Trojan Technologies UV treatment equipment designed to clean contaminated groundwater to California drinking water standards. Design of offsite'pipelines for the Valley County Water District Arrow Lante Treatment Facility. The project includes pipeline design of 20" and 24" raw water pipelines, a 30" treated water pipeline, and waste brine pipelines. Previous Experience Prior to joining' Stetson Engineers Inc., Mr. Gardiner was a Project Engineer at Black &' Veatch in Los Angeles. During this time Mr. Gardiner supervised a number of engineering projects including sewers, force mains, water and wastewater pumping stations, water distribution pipelines, and modifications and additions to existing treatment plants. Some of the projects in which Mr. Gardiner was a key participant were: Western Riverside County Regional Wastewater Authority, South Regional Collection System. Was responsible for the design of many miles of interceptor sewer, sewer force main, and a 17 mgd wastewater pump station. Victor Valley Wastewater Reclamation Authority, Treatment Plant Improvements Project. Was responsible for the design of modifications to clarifiers and reactors, and a new influent metering structure. Was a lead engineer for the conceptual design of a 226 mgd capacity raw water pumping station in Sacramento for the East Bay Municipal Utility District. As a Staff Engineer at Black & Veatch, Mr. Gardiner was involved in the design and construction phase services of several treatment plant projects at Hyperion Treatment Plant in Los Angeles. These projects included design of numerous treatment facilities and utility systems including planning, sizing, layout and design of new facilities. Throughout Mr. Gardiner's experience he has been cited for expertise in addressing construction questions and problems. ague Page 2 of 2 CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 18th day of December 2003 by and between the City of San Jacinto, a municipal organization organized under the laws of the State of California with its principal place of business at 201 East Main Street, San Jacinto, California 92583 ("City") and Stetson Engineers Inc., a California corporation, with its principal place of business at 2171 E. Francisco Blvd., Ste. K, San Rafael, CA 94901 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing to public clients professional engineering consulting services with respect to preparation of the City's Water and Wastewater Master Plans, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the development and preparation of the City's Water and Wastewater Master Plans in accordance with requirements of the State of California The City's Water and Wastewater Master Planning Act (California Water Code Sections 10610et seq.) ("Project") as set forth in this Agreement. 3. PERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall he subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations 3.1.2 Term. The term of this Agreement shall be from December 18, 2003 through May 31, 2004, unless earlier terminated as provided herein. Consultant shall complete the Services within the temm of this Agreement, and shall meet any other established schedules and deadlines set by City staff. RVPUD\DKG\621513 Responsibilities of Consultai 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultai retains the right, to perform similar or diticrcnt services for others during the term of this Agreement. Any additional personnel performing theServices under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultants exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required bylaw. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within thre term of this Agreement, and in accordance: with the Schedule of Services set forth in Exhibit 'IV attached hereto and incorporated herein by reference ("Schedule"). Consultant represents and warrants that it has the professional and technical personnel required to perform the Services in conformance with such Schedule. In order to facilitate Consultants conformance with the. Schedule, City shall respond to Consultants submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance time lines to meet the Schedule. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree. as to the. substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the. safety of persons or property, shall be promptly removed from the Project at. the request of the City. 3.2.5 City's Representative. The City hereby designates its Public Works Superintendent, or his/her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the. City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Stephen B. Johnson, P.E., or his designee, to act as its representative for the perfounance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory R W?JB31)KG1621 513 -7_ coordination of all poi hems of the Services under this Agreeme 32.7 Coordination of Services. Consultant agrees to work closely with City Ai nff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Perforirrance of Employees. Consultant shall perform all Services under this .'\;reement in a skillful and competent manner, consistent with the standards generally recognized as being employee] by professionals in the same discipline in the Slate of California.Consultant represents and warrants that it is skilled in the professional calling necessary to perform die Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents and warrants that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that is legally required to perform the Services, including a City business license, and that such licenses .uid approvads shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the sturdard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from die Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in way manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. lithe Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under t is section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. RVPUB'UKGS621513 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to'', persons or damages to property which may arise from or in connection with the performance of this Agreement by the C onsultant, its agents, representatives,m employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Ltabthtj Insurance Services Office Commercial General Liabilitycoverage (occurrence form CG 0001);'(2) Automobile Liabilittt Insurance Services Office Business Auto Coverage Iorm number CA 0001, code 1 (any auto); and (3) I Lofkers'Comrrpensation and Employer's Ltabiliq: Workers' Compensation insurance as required by the State of California turd Employer's Liability Insurance. (13) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (I) General Lability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general ttggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: tit,000,000per accident For bodily injury and propertydamage; and (3) IIorhers'Compensation and Lruplor-er's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure turf maintain, intain, for a period of live (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall he in an amount not less than approved by the City's Risk Manager, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on loans supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) die City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such Services; and (2) due insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess oldie Consultant's scheduled underlying coverage. Ally insurance or sell -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute v-vial itin any way. (B) Automobile Liability. The automobile liability policy shall he endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the R V PUB1DKG6215 I —4— Consultant is responsible: am (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers. or if excess, shall stmid in an unbroken' chain of coverage excess of the Consultant's scheduled underlying cox Any insurance or self-insuianee maintained by the City, its directors, officials, officers employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.E Deductibles and Selflnsurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (A) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (B) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.ly1. Best's rating no less than A:VII1, licensed to do business in California, and satisfactory to the City. 3.2,10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory, to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates ruxl endorsements must be received and approved by the City before performance of Services commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and perform its work so as to avoid injury or damage to any person or property. in carrying out its Services, the Consultant shall at all times be. in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, RVPUB'DKG,621513 but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, budges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and weaning apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safer) measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorzed cost and expense reunbuiseinents, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto incorporated herein by reference. In no event shall the total compensation, including authorized cost and expense reimbursements, exceed Thirty Thousand and No/100 Dollars ($30,000.00) without written approval of City's Representative. Extra Work, as defined below, may be authorized as described below, and if authorized, will be compensated at the same rates and in the sruue manner set forth in this Agreement for Services. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates die portion of Services work completed and hours of work rendered by Consultant. The statement shall describe the portion of Services and hours of work rendered by Consultant since the initial commencement date, or since the start of subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty -live (45) days of receiving such statement, review die statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4. Extra Work. At any time during the term oft is Agreement, City may request that Consultant perform "Extra \'York". As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would he necessary at the execution of this Agreement. Consultant shall not perform, nor he compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1700 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works' and "maintenance" projects. If the Services arc being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing \''age Law, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at. the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested partied upon request, and shall post copies at the Consultant's place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, agents and volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. R V I'C B'\DKG`b_ 1 513 —6— ting Records. 3.4.1 Maunten;nice and Inspection. Consultant shall maintain complete and accui records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultatshall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three.(3) years from the date of final payment under this Agreement:. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or auuy part of this Agreement at any time and without cause by giving mitten notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents Data, as defined below, and other information orally kind prepared by Consultant in connection with Me performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) clays of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for tins purpose: RVPLff3?DKG?621513 —7— Consultant: City: Stetson Engineers, Inc. Attn: Stephen B. Johnson, P.L. 2171 East Francisco Boulevard. Suite K San Rafael, California 9,1901 City of San Jacinto Attn: City Manager 201 East Main Street San Jacinto, CA 92583 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is gnurted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by die City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, Memoranda, specifications, plans, procedures, drawings, descriptions, Computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant. in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Noting furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant, shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. R VPU8'DKU1.b2 1313 —8— 3.54 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as maybe necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorneys' Fees. 'If either Party commences art action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wi onglul death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and subcontractors arising out of or in connection with the performance of the Services, the Project or this .Agreement, including without limitation the payment of all consequential damages and attorneys' lees, expert winless fees, and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City and/or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant, shall reimburse the City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents and volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter Inereof, and supersedes all prior negotiations, understandings, letters, memoranda or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves the right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by Consultant without the prior written consent of the City, which may be given or withheld in the City's sole and absolute discretion. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City, which may be given or withheld in the City's sole and absolute discretion. Any RVPUBtDKGi62 U 13 —9— attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.' 3.5.13 Constuction; References { aptions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Unless otherwise specified in tins Agreement, any tel in referencing time, days or period for performance shall be deemed calendar daysand not workdays. All references to Consultant include all personnel, employees, agents, consultants and subcontractors of Consultant except as otherwise specified in this Agreement. All references to City include its directors, officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.` The captions of the various articles and paragraphs are. for convenience and case of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No waiver, supplement, modification, or amendrnent of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any defaultshall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or othenrise. 3.5.16 No Third Party Beneficiaries. There arc no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the renua iniuig provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrnurts that it has not employed nor retained any company or person, other than a bona tide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this wahranty, City shall have the right to rescind this Agreement without liability. For the term of this ,'agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise Program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. RVPUl31)KG‘62 IS I —10— 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Codc,'and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement.' Consultant as all requisite power and authority to conduct its business and to execute, deliver,and perform the Agreement. Each Party It arrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signe shall constitute an original. 3.6 Subcontracting. in counterparts. each of which 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of die Services required by this Agree rent, except as expressly stated herein, without prior written approval of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated ilt this Agreement. [Signatures on following page] RVPUBDKG62 IS I —11— SIGNATURE PAGE TO CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREE\ CITY OF SAN JACINTO "CITY" By: Jim Ayres Mayor Attest' Dorothy L. Chouinard City Clerk Approved as to Form: Best Best & Krieger LLP City Attorney STETSON ENGINEERS INC. "CONSUIXANT" By: a - Pc e Its: R WU-61AG \ 621513 —12— EXHIBIT "A" SCOPE OF SERVICES (See Attached) R VFUB'DKGi621513 -13- Stetson Engineers Inc. (Stetson) is pleased to submit this proposal to the City of San Jacinto (City) to update the City's 1992 Water Master Plan and Sewer Master Plan. The preparation of the Water and Sewer Master Plan updates will include a description of changes to the infrastructure, current and future demands, an evaluation of the existing system and recommended improvements. Stetson's Project Team, presented more fully within this Proposal, has comprehensive capability for development of the update to the Water and Sewer Master Plans. The Team has previously prepared an Urban Water Management Plan for the City, conducted a well siting study and is participating in the groundwater basin management plan development, along with direct previous experience with water supply issues in the area. Stetson's Team includes very strong managers, water quality experts, and water system design engineers. Stetson has in-depth local experience in the broad range of issues needed to successfully integrate all aspects of water resource management for the City. SCOPE OF WORK Stetson has developed the following approach and scope of work to update the City of San Jacinto's Water and Sewer Master Plans. I. Water System Task 1. Data Collection Stetson already possesses some of the data needed to update the City's Water Master Plan. This data and information has been used by Stetson to evaluate water supply availability from the same sources utilized by the City and is readily available for this assignment. Additional data and information needed to update and complete existing records will be identified and obtained from the City. Data that will be reviewed includes: Previous reports on the City's water supply sources and water system Recent water infrastructure information Historical water supply, production, and demand records Existing and planned water conservation program descriptions Current and future land use plans Projected future population and water demands in the City and the region Data will be assembled in a format to optimize the City's future utilization of the data and to support the modeling and analysis necessary for preparation of the Master Plan. All electronic data will be quality control checked for accuracy and completeness. -1- Task 2. Design Criteria Existing design criteria for estimating water demands, sizing water facilities for supply, transmission, distribution and storage, and assessing system performance will be reviewed for appropriateness and updated, as necessary. Task 3. Evaluation of Water Production and Distribution Facilities Stetson will work with the City to document the capacities, conditions, and operating costs of the City's water production facilities and identify improvements and associated costs to maximize production capacity as discussed below. Stetson will also evaluate capacities and conditions of the City's reservoirs, booster stations, and water distribution system and develop recommendations, with associated costs, for improvements needed to meet current and future (10-year) water demands, including fire flow. The evaluations will include: A. Well Evaluations Stetson will document the capacities and constraints (water quality and mechanical) of the City's wells. Operating costs, including energy costs, and costs for water treatment, to return wells to service, if needed, will be prepared with the City's assistance. An estimate of the reliability and recommendations for improvements to, and utilization of, the City's groundwater supply facilities, based on the above evaluation and the conclusions from Task 4, Water Supply Optimization, below, will be provided. B. Reservoirs Stetson will evaluate the City water storage capacity's ability to meet water storage standards as recommended by AWWA Guidelines. The evaluation will consider current and future water demands and analysis of the water system's ability to supply water to the reservoirs. Recommendations for improvements to allow cost effective use of the City's reservoirs will be provided. C. Booster Stations Stetson will use available operating cost information to evaluate the effectiveness and efficiency of the City's booster stations. Recommendations for improvements to the existing booster capacity, including estimated costs and potential funding sources, will be provided. Stetson will also review and recommend appropriate energy rates and operation criteria to maximize the cost effective operation of the booster systems. -2- Stetson will collect and review previous reports and studies commissioned by the City of San Jacinto for the water distribution system ' The previously developed reports and studies will be reviewed and evaluated to determine the assumptions, criteria, data, and information sources used to develop previous findings and recommendations for upgrades, improvements, and expansions of the water distribution system. The overall findings and recommendations of these previous reports and studies will be assessed for accuracy and relevance. Water main information, where available; will be collected and organized including the age, size, pressure zones, location, materials of construction, and water line break data (type, size, cost, location, etc.). The collected information will be used to develop a screening method to identify water main segments with characteristics indicating the greatest potential for maintenance problems. The resulting list of higher risk water mains will be compared to those segments and areas identified through interviews with the City's field and operations staff. The condition of the existing distribution system will be assessed and documented on City of San Jacinto approved forms. Task 4. Water Supply Optimization Stetson's previous experience with the City and the groundwater basin management planning will greatly reduce the learning curve for this assignment. Stetson will use its knowledge of water sources available to the City, and the costs, availability and reliability determined for each water supply source in the above tasks, to prepare a prioritized and quantified water supply plan. This optimized water supply plan will serve as a guide for a cost efficient, reliable water supply for the City. The optimized water supply plan will include water supply sources to meet current and future (10 years) demands. Task 5. Develop Final Report Stetson will consolidate key information from the previous tasks into a comprehensive update to the 1992 Water Master Plan. The Plan will include summary tables and schedules to concisely convey the components of the plan. Stetson proposes preparing a draft of the Master Plan and to meet with City staff to review the draft. Stetson will document discussion and proposed revisions from the draft review meetings in meeting notes. Stetson will incorporate proposed changes and prepare Final Updated Water Master Plan. -3- Stetson already possesses some of the data needed to update the City's Sewer Master Plan. Additional data and information needed to update and complete existing records will be identified and obtained from the City. Data that will be collected includes: Previous reports on the City's sewer system Recent sewer infrastructure information Historical sewer flow records Current and future land use plans Projected future population and sewer demands in the City Data will be assembled in a format to optimize the City's future utilization of the data and to support the modeling and analysis necessary for preparation of the Sewer Master Plan update. All electronic data will be quality control checked for accuracy and completeness. Task 7. Design Criteria Design criteria for estimating wastewater flow generation, sizing collection system pipelines, and assessing the system performance for peak flows will be developed. Task S. Evaluation of the Existing Wastewater Collection System Stetson will document the capacities, conditions, and operating costs of the City's sewer facilities and identify improvements and associated costs. Stetson will make recommendations with associated costs for improvements needed to meet current and future (10-year) sewer flows. The evaluations will include: A. Collection Syste m (Pipelines and Manholes) Stetson will collect and review previous reports and studies commissioned by the City of San Jacinto for the wastewater collection system. The previously developed reports and studies will be reviewed and evaluated to determine the assumptions, criteria, data, and information sources used to develop findings and recommendations for upgrades, improvements, and expansions of the wastewater collection system. The overall findings and recommendations of these previous reports and studies will be assessed for accuracy and relevance. B. Lift Stations -4- Stetson will use available operating cost information to : evaluate the effectiveness of the City's lift stations. Recommendations for improvements to the existing lift capacity, including estimated costs will be provided. Task 9. Evaluation of Future Wastewater Collection Conditions Any deficiencies of the existing wastewater collection system to meet existing and future needs based on the design standards and the required improvements and capital costs to bring the level of service up to those of design standards will be identified. Task 10. Develop Final Report Stetson will consolidate key information from the previous tasks into a comprehensive update to the 1992 Sewer Master Plan. The plan will include summary tables and schedules to concisely convey the components of the plan. Stetson proposes preparing a draft of the Master Plan and to meet with City staff to review the draft. Stetson will document discussion and proposed revisions from the draft review meetings in meeting notes. Stetson will incorporate proposed changes and prepare the Final Updated Master Plan. DESCRIPTION OF FIRM Stetson Engineers Inc. (Stetson) is a widely recognized medium-sized consultant specializing in planning water resources and problem solving. Water supply and water contamination have become major Southern California issues that this firm has met head-on to help secure and fund the water supplies of the future. Stetson was founded in 1957 by Thomas M. Stetson, as Thomas M. Stetson Civil and Consulting Engineers. In 1977, the Company was incorporated as Stetson Engineers Inc. We now have over 40 professionals located in Covina, San Rafael, California and Mesa, Arizona. Stetson is an employee stock -owned company. The firm provides complete engineering, utility management, and agricultural engineering. The client sector includes federal, state, municipalities, water districts, public utilities, industrial firms, and private individuals. This firm specializes in all phases of water resources engineering, including water system design for complete distribution systems, pipelines, reservoir storage facilities, pumping stations, and water treatment facilities, water well design and development, and hydrogeological studies of groundwater basins. Our services include the preparation of feasibility studies, water supply evaluations, master plans, computer modeling of water systems and groundwater basins, financial planning and analysis, preparation of specifications construction drawings, and contract documents. In addition, we supervise and coordinate the solicitation of contractor's bids, perform bid evaluations, provide field supervision and construction inspection. -5- Stetson has considerable experience with design and construction management for water system improvements. Stetson has designed and managed construction of water supply, pipelines, booster stations, reservoirs, and wells. Stetson serves as District Engineer for several California water districts, including the Upper San Gabriel Valley Municipal Water District, the San Gabriel Valley Municipal Water District, and the Santa Ynez River Water Conservation District. RELEVANT EXPERIENCE Stetson Engineers Inc. has been involved in numerous water utility analyses, evaluations, valuations, economic studies and master plans. The following is a list of a few of Stetson's clients and brief descriptions of projects relevant to the City of San Jacinto's (City) Water Sewer Master Plans. City of San Jacinto Regional Groundwater Management Planning Stetson is currently providing the City with professional engineering services in support of the City's evaluation and participation in the Groundwater Management Plan (GWMP). Stetson represents the City in GWMP Policy Committee Meetings, and GWMP Technical Committee Meetings. Stetson then reviews, evaluates, makes recommendations as requested, and attends coordination meetings. City of San Jacinto Urban Water Management Plan Stetson assisted the City with development of its Urban Water Management. That Plan addressed past, present and projected population, water requirements, system facilities and water resources. Fontana Water Company Service for Hunter's Ridge Development Stetson provided technical support, including development of a hydraulic computer model of the Fontana Water Company system, against the City of Fontana for Fontana Water Company's right to serve the Hunter's Ridge Development in Fontana. Stetson developed an electronic inventory of facilities and utilized the model constructed to evaluate operating conditions of the existing system. Santa Ynez River Water Conservation District Stetson Engineers Inc. has served as District engineer for over 25 years and continually provides professional engineering services to the District. These services include ground -water management, flood damage evaluation and reconstruction, aquifer characteristics testing, water supply studies, negotiations with the State Water Project for water supply, design of system improvements (wells, pipelines, booster stations, reservoirs), water system modeling, and master planning. -6- Investigations completed for the SYRWCD have included studies of: 1) projected future water requirements for all users in the basin, located downstream of Lake Cachuma; and 2) the design of numerous water supply improvement projects such as wells, pump stations, pipelines, and diversion structures. City Of Industry, California Stetson Engineers Inc completed a recycled water system master plan for the City of Industry, which addressed system analysis, water demand projections, recommended system improvements, and regulatory compliance. City Of Bakersfield, California Stetson Engineers Inc. prepared a master plan for the City of Bakersfield to address expansion of water service and coordination with investor owned domestic water utilities. Part of the master plan addressed the condition and operation of a water supply system obtained as part of a larger acquisition, which included substantial water rights, storage rights and other operational issues. RECORD OF PERFORMANCE The following are a few examples of the many projects Stetson's team members have successfully completed on time and on budget. Hasley Canyon Development - Stetson prepared an evaluation of available groundwater supplies, estimates of water demands under various development alternatives, and obtained Los Angeles County approval of the development's water supply plan. Contact: Dan Palmer Palmer Investments Telephone No. (310) 576-6700 Copa de Oro Development - Stetson prepared a Water Supply Assessment as required by SB610 (Costa), including estimating project water demands and evaluating alternative water supplies for a development in the Antelope Valley. The water supply plan developed by Stetson for the project was referred to as the "model" for future projects in the Antelope Valley by the Antelope Valley -East Kern Water Agency. Contact: Dan Palmer Palmer Investments Telephone No. (310) 576-6700 -7- Groundwater Recharge Siting Study— Stetson prepared a Groundwater Recharge Siting Study for the Antelope Valley State Water Contractors Association. The Study included a water quality evaluation, infrastructure planning, and cost estimating. The study was completed under budget. Contact: Dennis La Moreaux Palmdale Water District Telephone No. (661) 947-4111 Water System Engineering - Stetson has had a long-term relationship providing a variety of water system engineering services to the Santa Ynez Water Conservation District, Improvement District No. 1. Stetson has recently completed the design and construction management for a 3.2 million gallon reservoir and a pump station. Contact: Chris Dahlstrom, General Manager Santa Ynez River Water Conservation District, Improvement District No. 1 Telephone No. (805) 688-6015 Recycled Master Plan — Stetson prepared a recycled water system master plan for the City of Industry, which included water demand projections, recommended system improvements and regulatory compliance. Contact: John Ballas City of Industry (626) 333-2211 INSURANCE Stetson Engineers maintains the following insurance policies: Commercial General Liability and Property Damage Property Damage CNA Insurance Policy ACC 2067234144 Per occurrence $1,000,000, General Aggregate $2,000,000 Personal & adv. Injury $1,000,000 Fire Damage (any one fire) $100,000 Effective 3/7/03 through 3/7/04 Deductible: $1,000 Commercial Automobile Liability Century -National Insurance Policy BAP18032003 -8- Combined Single Limit $1,000,000 Scheduled, Hired and non -owned autos (Stetson owns one van and leases one auto) Stetson policy forbids employee use of any vehicle not covered by company insurance. Effective 3/18/03 through 3/18/04 Deductible: $1,000 Excess Liability Umbrella Form Fairmont Insurance Policy SCU 000544 Each occurrence $1,000,000; Aggregate $1,000,000 Effective 3/7/030 through 3/7/04 Professional Liability (Errors and Omissions): Great American Insurance Co. Policy EDN 3208870 Effective 1/1/03 through 1/1/04 Per Claim $1,000,000; Aggregate $1,000,000 Deductible: $35,000 Workers Compensation Insurance Harbor Specialty Policy No SC80-0702-20404 Statutory Limits; Each accident $1,000,000 Effective 7/1/03 through 7/1/04 WORK LOCATION The majority of this assignment will be performed in Stetson's local office in Covina, California. The address is: 861 Village Oaks Drive Suite 100 Covina, CA 91724 INFORMATION TO BE PROVIDED BY THE CITY The usefulness of the Water and Master Plan updates will greatly depend on the information that is available for the evaluation described in the Scope of Work. Discussions with City staff will be valuable input to identify known critical areas. Stetson assumes most of the following information will be available from the City to conduct this assignment: • City infrastructure maps and descriptions • Complaint records • Repair records • Previous studies and reports on water production, storage and distribution facilities -9- Historical water demands, broken down by user categories • Descriptions of any existing water conservation programs • Land use maps and information on potential future development and projected growth rates in the City -10- SCHEDULE OF SERVICES Consultant shall complete all Services within the term of this Agreement, as described in Section 3.1.2. R V PUBADKG6215 i 3 B-1 EXHIBIT "C' COMPENSATION Consul (mat shall receive compensation, including authorized cost and expense reimbursement, for all Services rendered under this Agreement at the rates set forth below. In no event shall total compensation, including authorized cost and expense reimbursements, exceed Thirty Thousand and No/100 Dollais ($30,000.00) without written approval of Cu)'s Representative. R V PUBIDKG'\621513 X-2 AGENDA ITEM ~ December 18,`'2003 TO: The Honorable Mayor and Member of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Road Dedication - Hosanna Christian Fellowship RECOMMENDATION: By motion, 1) Accept road deed for future widening of Sanderson Avenue in front of Hosanna Christian Fellowship — 350 S. Sanderson Avenue, San Jacinto. BACKGROUND: On May 4, 2000, City Council adopted Resolution No. 2245, exempting Hosanna Christian Fellowship from the requirement to install offsite improvements as a condition of their permit to construct new restroom facilities for the sanctuary. However, Council requested that the applicant dedicate 20' of right-of-way in front of the Hosanna Christian Fellowship property along Sanderson Avenue for future street widening. The dedication herewith presented is in response to Council's request. Hosanna Christian Fellowship is currently working on 1,488 sq. ft. sanctuary addition. In checking the threshold for requirement of offsite improvements associated to this addition, staff has determined that the current addition does not trigger the 25% increased assessed value requirement referenced in the City's Municipal Code Section 12.04.060B, that requires offsite improvements when the improvements exceed 25% of the value of all the improvements in a 3- year period (see attached memorandum from Community Development Director Tim Hults). City Manager: Finance Director: JUSTIFICATION Secure the right-of-way for future widening of one of the City's arterial system roads. BUDGETARY IMPACT None. ATTACHMENTS: 1. Road Deed 2. Memorandum from Community Development Director Hults dated December 4, 2003 3. Council Minutes of May 4, 2000 AGENDA ITEM /•/n December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Enginee SUBJECT Road Dedication - Hosanna Christian Fellowship RECOMMENDATION: By motion, 1) Accept road deed for future widening of Sanderson Avenue in front of Hosanna Christian Fellowship — 350 S. Sanderson Avenue, San Jacinto: BACKGROUND:: On May 4, 2000, City Council adopted Resolution No. 2245, exempting Hosanna Christian Fellowship from the requirement to install offsite improvements as a condition of their permit to construct new restroom facilities for the sanctuary. However, Council requested that the applicant dedicate 20' of right-of-way in front of the Hosanna Christian Fellowship property along Sanderson Avenue for future street widening. The dedication herewith presented is in response to Council's request. Hosanna Christian Fellowship is currently working on 1,488 sq. ft sanctuary addition. In checking the threshold for requirement of offsite improvements associated to this addition, staff has determined that the current addition does not trigger the 25% increased assessed value requirement referenced in the City's Municipal Code Section 12.04.060B, that requires offsite improvements when the improvements exceed 25% of the value of all the improvements in a 3- year period (see attached memorandum from Community Development Director Tim Hults). JUSTIFICATION' Secure the right-of-way for future widening of one of the City's arterial syste roads. BUDGETARY -IMPACT None. ATTACHMENTS. I. Road Deed 2. Memorandum from Community. Development Director ;Huffs dated December 4, 2003 3. Council Minutes of May 4, 2000 Recording Requested By: City of San Jacinto When Recorded Mail to City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 ROAD DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Crown General Baptist Church Corporation, a California Corporation dba Hosanna Christian Fellowship Hereby GRANT (S) to the CITY OF SAN JACINTO, A MUNICIPAL CORPORATION, an easement for road purposes in the following described real property in the City of San Jacinto. State of California: SEE ATTACHED EXHIBITS A AND B Together with the right to enter upon and pass and repass over and along said easement and right of way to deposit tools, implements, and other materials thereon, by said City, its officers, agents, and employees, and by any contractor, his agent and employees, engaged by said City, whenever and wherever necessary for the purposes above set forth. It is understood that each undersigned grantor grants only that portion of the above described land in which said grantor has an interest. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On —nix), it,Q»0-2, before me, the undersigned, a Notary Public in and for said State, personally appeared tUrkfkAkt ,U ? r9-eci_ft LJP Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that Executed the same. P� do WITNESS my hand and official seal. This is to certify that the interest in real property conveyed by the Deed dated from to the CITY OF SAN JACINTO, A MUNICIPAL CORPORATION and/or Governmental Agency, is hereby accepted by order of the City Council on and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: By: Mayor City Clerk LEGAL DESCRIPTION 20.00 FOOT RIGHT-OF-WAY DEDICATION THE WEST 20.00 FEET OF THE EAST 50.00 FEET OF THE SOUTH 280.00 FEET OF THE EAST 622.00-FEET OF THE NORTHEAST ONE -QUARTER OF FARM LOT 150 OF THE LANDS OF THE SAN JACINTO LANDS ASSOCIATION AS SHOWN BY A MAP IN BOOK 8 OF MAPS AT PAGE 357 SAN DIEGO COUNTY RECORDS AND RECORDED IN THE RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA BEING SITUATED IN THE NORTHWEST QUARTER OF SECTION 32 , TOWNSHIP 4 SOUTH , RANGE 1 WEST , SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE QUARTER OF SAID FARM LOT 150 AT THE CENTERLINE OF SANDERSON AVENUE; THENCE NORTH 89°54'43" WEST ALONG : THE SOUTII LINE OF THE NORTHEAST ONE QUARTER OF SAID FARM LOT 150 A DISTANCE OF 30.00 FEET TO A POINT ON THE WES IERLY RIGHT-OF-WAY LINE OF SANDERSON AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°54'43" WEST ALONG SAID SOUTH LINE , 20.00 FEET; THENCE NORTH 00°02'50" EAST, PARALLEL AND 50.00 FEET WEST OF THE CENTERLINE OF SAID SANDERSON AVENUE , 280.00 FEET; THENCE SOUTH 89°54'43" EAST , 20.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID SANDERSON AVENUE; THENCE SOUTH 00°02'50" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE , 280.00 FEET TO THE POINT OF BEGINNING. EXCEPTING ANY PORTION LYING WITHIN SANDERSON AVENUE. CONTAINING 5,600 SQUARE FEET OR 0.129 ACRES. Marvin L. Lancaster, LS 6054 for and on behalf of Lancaster Contract Survey LEGAL DESCRIPTION PLAT THE WEST 20,00 FEET OF THE EAST 50.00 FEET OF THE SOUTH 28000 FEET OF THE EAST 622.00 FEET OF THE NORTHEAST QUARTER OF FARM LOT 150 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION AS PER MAP BOOK 8 AT PAGE 357, S.D. CO N. LINE OF THE NE 1/4 FARM LOT 150 EXP, 6-30-05 No, 6054 L NCASTER , LS 6054 1/4 FAWA LOT 150 LANDS OF THE' SAN JACJNTO LAND ASSOC BOOK 6 / PACE' 357 CO. N 89°54'43" W 622.00' 572.00' GRANT DEED INSTR,# 116781 03/30/2000 LJ LJ z 0 (.7) z (.1 L3 CU N S9'54'43" W 572.00' NUMBER DIRECTION DISTANCE Ll N 89°54'43" W 20 00' LE N 00°02'50" E 280.00' L3 S 89°54'43" E 20,00' L4 5 00°02'50" W 28000' 0 0 cu 50' 0 iu 0 0 0 2050' 0 200 200' 722' C) ICEL P1A, 48/92-,23 20.00' DEDICATION FOR RIGHT —Dr —WAY P.O.C. S.E. COR. NE 1/4 , FARM LOT 150 91-12 SL-1' 9qP3a £511 lid ifrZt MINIXISSY on atuiovr tin 'a's Lstit S51-010 tot -out ast-tuo •tra't 7 °Wa 714/nVtri. 7AIIY11* Dv jy,et* nitIVIAS 0 (D V_V Grid•dlk Val 3itV THI IS ero dvitY',7") .1!1°3 .11u^,3 cl'94 ItYNI din S,DSOSS11 310 MCI ; 0 a in,.., 11V WE 'UV ji'n511 g INIDVD61, 0 Lti — 7.15firdiTt — — --1 ItiVettt, ° I 0 I•. 0... Mal , 1 t Anind ViL( tinliin +ALL 00741N01-103 I P SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILI MED FOR THE ACCURACY pt pfiRgigi/A-IOWN. PARCELS MAY NO COMPLY WITH LOCAL SUFADIV194tillintU3q9ING ORDINANCES. mar sn Ildiatenvse 0 114/aVoilif 0 6 (Of i 9Hiotire i 111/S-101 1001 PIII WO WI /in 133ald SIOSSISSV Ylia IU 10 DY1113/1 IL 10.1 ntrissi ,111111TVI D OM IHInSUSSY nai 03tiL1114 5.5* din SIMI 0 ta) al 0 CL NI- Lr) ct) (1) E L. w a. (I) ,‹ cniz, 60!) '0 (3 cr) a) a CO .o 6 L.; (1.) CI 0 Recosrdlnt Hoqueeted BIN Lawyers Titfe C Older Nu 4002491-23 tscrcwNo 1217 Loan No. WREN RECORDED MAIL TO. Crown General Baptist Church 350 S. Sanderson Ave. San Jacinto, CA 92582 ENTARY TRANSFER TAX S 'D' Canpsee of the WncaMeaann or market al property convoyed. Oft ennettettel on the crosa3s.Ygn or vain Isee tors or encumbrances Stnlanwp hrrte or sate DOC rn- 0=2.11.4674112. evmardates e®ie a Reera.a Mepa ef: 1 Recorded In Official Reeeede Comity: of ehersads Crary I-.: Oros Amoroso.: Canty Clerk i Amer Sgnarvw et 6scWant or Awn es,an Fen CcYREc.-70/1 GRANT DEED -rizi k; �.crara of .,c5T1-3 FOR A VALUABLE CONSIDERATION, receipt of which es hereby ackndrrledium CROWN GENERAL BAPTIST CHURCHCORPORATION. A CALIFORNIA CORPORATION WHO ACQUIRED TITLE AS CROWN GENERAL BAPTIST CHURCH, A CALIFORNIA CORPORATION hereby GRANT(S) to CROWN GENERAL BAPTIST CHURCH CORPORATION, dba HOSANNA CHRISTIAN FELLOWSHIP therm property in the City of San Jacinto Casty of Riverside The South 280.00 feet of the of Farm Lot 150 of the Lands recorded In Book 8, Page 357 of said County. Dame March 17, 2000 A CALIFORNIA CORPORATION LLA . Stateot CaAforma, described as East 622.00 feet of the Northeast quarter of San Jacinto Land Association, as per map of Maps, in the Office of the County Recorder CROWN GENERAL BAPTIST CHURCH CORPORATION STATE OF C.A1.IFORMA COUNTY OF Riverside on March 17, 2000 Fks berme mP Anna McMillin, Notary Public persawfyappoend KENNETH B. LLOYD, JR., LOIS C. LLOYD AND ROBERT DAHLSTROM persenary known to me •a ptevep to me Ott ■ e eeyi sit saAstocAre e, em< to to be Me peY.e:,> niv)5en9Inelgy,€315„ rJes110 Ire x.lr.s• m•51 01fle11 acenoe•s' r, 1u me Inn ae( '..n am same et .r UP.-1( n. i L.y...cey� n, And Ihra tor wrest,.a 'my/lumen! me ve,5>'r51 id 11M Prat, utana an:. Ina TAP10.,,,.,c1ed ear• .n-I the ein.a,4nt WITerE jS m./r/,/-y,',enlrfc..17 S,tISI=e S.l iLic"( I t MAIL TAX STATEMENTS TO A CALIFORNIA CORPORATI a a ar AM.?. MC NALIN Cornntuxm e I 1/01.11 No S7 PsO&C -Cal atre s de Cuxdy My CcrAtet. Egress.0 Z,'lm *KENNETH B. 11.046",'',70::•PttS'ibtfl1• '•LOIS C. LLOYD, SECRETARY '••ROBERT DAHLSTROM, VICE PRESIDENT Description: Riverside, CA Document- Year, DodD 2000,116781 Page: 1 of 1 Order: 10-07-2003 09-40-38 AM Comment: 431150028MARVINAA To: From: Tim Hults, Community Development Director Date: Grace Alvarez, Assistant to the City Manager December 4, 2003 Subject: Crown General Baptist Church 350 S. Sanderson Avenue Per your request, I have reviewed the improvements at the above referenced location for the purpose of determining their valuation. Based upon my evaluation, I have determined that the valuation of the existing improvements on the site is $464,549. My evaluation is based upon the following criteria: Construction Type Valuation Per Square Foot, Per 2001 UBC Valuation Reduction Factor, Due to Age and Condition Resulting Valuation Per Square Foot Building Area Valuation Type V-N $73.13 .2 $58.50 7,941 $464,549 The proposed expansion of 1,488 square feet is also considered to be Type V-N and has a valuation of $108,817.44. Based upon Municipal Code Section 12.04.060B, offsite improvements are required when the improvements requested exceed 25 percent of the value of all the improvements existing on the subject property. Based upon the evaluation above, it is my opinion that the requested improvements fail to exceed the 25 percent threshold and that offsite improvements should not be required. However, if in the next three years additional building area is requested, it is likely that the value of both projects will exceed the 25 percent threshold and trigger the requirement for the installation of offsite improvements. Community Development Public Hearing was closed. M/S/C (CARLSON BUYDOS/AYRES) to authorize staff to resume discussions with the San Jacinto Unified School District on the preparation of a Sallee Park/Monte Vista Elementary School Master Plan. Ayes: Ayres, Carlson Buydos, Connor, Good, and Williams Noes: None 4.5 Mayor Williams called upon Planning Director Hults who summarized his staff report dated May 4. He commented the Council had the option to exempt the requirements for offsite improvements based on the current municipal code, and based on the health and welfare issues. Council Member Good asked about the location of the bathrooms in relation to the existing sanctuary. Planning Director Hults responded the outside bathrooms were located about 10 ft. from the sanctuary, and that the building sits back 250' from Sanderson Avenue. Council Member Conner asked if the applicant was willing to dedicate right of way for future street widening. Planning Director Ilults responded he did not know. However, building plans had been submitted on May 4, 2000. Council Member Carlson Buydos asked about if the buildings had legally been permitted, and concurred with Council Member Conner regarding the dedication of right of way for future street widening. Planning Director Hults responded the City annexed the territory known as Annexation 66 in 1993, which the church property was part of. He has been told that the facilities were established in 1992, prior to the area being in the city boundaries. He mentioned the City would probably require an additional 20' to secure adequate right of way for ultimate widening in accordance with the General Plan. He also briefed the Council on the plans for the bathroom addition, which are designed to be inside the existing building. The current bathroom facilities are small and do not comply with ADA or Building Codes. It is in the best interest of the public health to allow them to be built. Council Member Conner asked if the existing outside bathrooms are planned to be demolished after the new facilities are built. Planning Director Hults responded he has no solid answer if they were legally established or that are not in compliance with the codes. Council Member Carlsouydos asked if the City could place a condition on the building permit to dedicate the additional right of way prior to final occupancy. Planning Director Hults responded the condition might be placed on the permit to dedicate right of way for future widening prior to final occupancy: Public Hearing was opened. Pastor Ken Lloyd of Hosanna Christian Fellowship presented pictures to the Council of the facilities, and provided background information about the property. The County approved the uses for a church while in the unincorporated area. The remodel permit was obtained also while in the county jurisdiction. The church is willing to bring the property up to code, and comply with all legal requirements. However, is not willing to widen the road and build offsite improvements, as the project then would not be feasible to build with the current church funds. Legal Counsel Brown asked, if the church was willing to dedicate right of way for future widening, and what plans they had for the use of the existing bathrooms. Pastor Ken Lloyd responded the church wanted to do what is right, and if the existing bathrooms are considered illegal, the church will demolish them, based on the city's requirements. Council Member Conner asked if the church owned the property. Pastor Ken Lloyd responded it was church property. He also commented if the city allows the construction of the bathrooms, the work will be scheduled to be completed by the summer of 2000. MIS/C (AYRES/CONNER) to adopt Resolution No. 2245, exempting Hosanna Christian Fellowship from the requirement to install offsite improvements as a condition of their permit to construct new restroom facilities for the sanctuary; to place a requirement on the building permit to submit an irrevocable offer to dedicate - 20" of right of way for future widening of Sanderson Avenue, prior to final occupancy; and to 6 continue using the existing restroom facilities until the new ones are built, once the new facilities are built and in operation, the old facilities shall be demolished if deemed found to be inappropriate. Ayes: Ayres, Carlson Buydos, Connor, Good, and Williams Noes: None 4.6 Mayor Williams called on City Engineer Motlagh who summarized his staff report dated May 4, 2000, and explained the City Council comments had been incorporated to the specifications, and the current contract called for the inclusion of bike racks and tile roof. He also commented MWD had completed the review of the plans and they require only 15' setback from their facilities. He was confident that the playground equipment could be placed within the required setback. Vice Mayor Ayres asked if the trees had been eliminated from the plan. City Engineer Motlagh responded the trees were eliminated at the request of MWD and also due to budget constraints. Vice Mayor Ayres asked for a timeline for the project. City Engineer Motlagh responded the contract called for 90 calendar days. However, the equipment catalog needed to be submitted to the City for review and approval by the landscape architect. Council Member Good asked about the contingency cost for the contract. City Engineer Motlagh responded the 10% contingency covers the review by the landscape architect and related engineering work. Council Member Conner asked about the placement of the equipment and structure in the narrowed and long shaped parcel. City Engineer Motlagh responded the schematic plan had been approved on March 16. This plan included the tot lot and the canopy. The placement of the equipment was not included at that time due to the fact that comments had not been received from MWD. Approval from MWD has now been received and the placement of the equipment will be plotted in accordance with their requirements. M/S/C (AYRES/CARLSON BUYDOS) to award the contract to American Restoration and Construction of Los Angeles for the sum of $97,895 plus 10% contingencies for landscape architect review and engineering; reject other bids; and authorize the Mayor to sign the contract agreement. 7 Recording Requested By:, City of San Jacinto When Recorded City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 ail to ROAD DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Crown General Baptist Church Corporation, a California Corporation dba Hosanna Christian Fellowship Hereby GRANT (S) to the CITY OF SAN JACINTO, A MUNICIPAL CORPORATION, an easement for road purposes in the following described real property in the City of San Jacinto, State of California: SEE ATTACHED EXHIBITS A AND B Together with the right to enter upon and pass and repass over and along said easement and right of way to deposit tools, implements, and other materials thereon, by said City, its officers, agents, and employees, and by any contractor, his agent and employees, engaged by said City, whenever and wherever necessary for the purposes above set forth. It is understood that each undersigned grantor grants only that portion of the above described land in which said grantor has an interest. STATE OF CALIFORNIA COUNTY OF RIVERSIDE Orr-Tho, gr) , at)u7, before me, the undersigned, a Notary Public in and for said State, personally appeared @ is ray cip Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the wit in instrument and acknowledged that ?,,,a Po Wel 4 Executed the same. WITNESS my hand and official seal. Signature: Nam " u7�tnir\-�yped�{�a Date: [ ii )60 This is to certify that the interest in real property conveyed by the Deed dated from to the CITY OF SAN JACINTO, A MUNICIPAL CORPORATION and/or Governmental Agency, is hereby accepted by order of the City Council on , and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: By: Mayor City Clerk . Stale of California. described as The South 280.00 feet of the East 622.00 feet of the Northeast quarter of Farm Lot 150 of the Lands of San Jacinto Land Association, as per map recorded in Book 8, Page 357 of Maps, in the Office of the County Recorder of said County. Dated March 17, 2000 STATE OF CALIFORNIA i i.5 coutry of Riverside 1 On arch 17, 2000 osereme Anna McMillin, Notary Public persswryao.*woe KENNETH B. LLOYD, JR. , LOIS C. LLOYD AND ROBERT DAHLSTROM perse^ary inc.." Io me .n tuovetl IG me on Ile Dow .:f Sal.Sfacl..ry ¢,ounce, to Oemepe. Y.r.,, ^lose ^anal.%% su .Vgc•I4,e.e odes a•su,t aClnOA,-lye] W me in II4M..1rikhe< !-o me yr? •`Y.... 3 k11.acrry...es. .ale the Gy ... ,. "er¢'r DelsI MS) ,U, me edit, up/t I ••,. Id el.!. the FAeMe,s: Ylpe eao..IkI the 'owed put WITNE,- rod .I•eC, �f S,ynal,re k.I 14b.{ ?:' (t lums, •,n R.cwmnp Requested Bit Lawyers Title ulna Nu 4002491-23 tscrow No 1217 Loan No. WHEN RECORDED MAIL TO: Crown General Baptist Church 350 S. Sanderson Ave. San Jacinto, CA 92582 DOLUMENEARY TRANSFER TAX S —0 ComWted on the consort/Ken a valve d wanly Conveyed OR Computed on the consWwY,on or veh,e leee eery or wrcLmdenCes rwna llvlp r lane of .tie 241 fZ/ ae:Olet Pee* t of 1.. Iheetted in Offdotal Reseed. County ef: rtiveredde Cary I. .Chase .County start A Reeerder Spate,' el elm Agee, daame/y fd CcYREc77ai GRANT DEED ---rjzA; -�r.AafaoF vcsre+y 010 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CROWN GENERAL BAPTIST CHURCH CORPORATION, A CALIFORNIA CORPORATION WHO ACQUIRED TITLE AS CROWN GENERAL BAPTIST CHURCH, A CALIFORNIA CORPORATION hereby GRANT(S) to CROWN GENERAL BAPTIST CHURCH CORPORATION, A CALIFORNIA CORPORATION dba HOSANNA CHRISTIAN FELLOWSHIP the reel property in the City of San Jacinto County of Riverside MAIL TAX STATEMENTS TO CROWN GENERAL BAPTIST A CALIFORNIA CORPORAT A wee BY:1 CHURCH ••• T A A MC rKWN Con m i,e.o, 1110363.1 Ictay PI,ALC. Ci br110 Rirevolde Ctlualy ir.T. E=paee Ll a, X02 'KENNETH B. LL0O,'.78::"pWES'i6EtT "LOIS C. LLOYD, SECRETARY "'ROBERT DAHLSTROM, VICE PRESIDENT Description: Riverside, CA Document-Year,DocID 2000,116781 Page: 1 of 1 Order: 10-07-2003 09-40-38 AM Comment: 431150028MARVINAA AM. CORPORATION ,'4 Memorandum To: Grace Alvarez, Assistant to the City Manager From: Tim Hults, Community Development Director Date: December 4, 2003 Subject: Crown General Baptist Church 350 S. Sanderson Avenue Per your request, I have reviewed the improvements at the above referenced location for the purpose of determining their valuation. Based upon my evaluation, I have determined that the valuation of the existing improvements on the site is $464,549. My evaluation is based upon the following criteria: Construction Type 1 Valuation 1 Per Square Foot, Per 2001 UBC Valuation Reduction Factor, Due to Age and Condition Resulting Valuation Per Square Foot Building Area Valuation Type V-N $73.13 .2 $58.50 7,941 `$464,549 The proposed expansion of 1,488 square feet is also considered to be Type V-N and has a valuation of $108,817.44. Based upon Municipal Code Section 12.04.060B, offsite improvements are required when the improvements requested exceed 25 percent of the value of all the improvements existing on the subject property. Based upon the evaluation above, it is my opinion that the requested improvements fail to exceed the 25 percent threshold and that offsite improvements should not be required. However, if in the next three years additional building area is requested, it is likely that the value of both projects will exceed the 25 percent threshold and trigger the requirement for the installation of offsite improvements. Community Development 4.5 PublicIlearing was closed. MIS/C (CARLSON BUYDOS/AYRES) to authorize staff to resume discussions with the San Jacinto Unified School District on the preparation of a Sallee Park/Monte Vista Elementary School Master Plan. Ayes: Ayres, Carlson Buydos, Connor, Good, and Williams Noes: None Mayor Williams called upon Planning Director Hults who summarized his staff report dated May 4. He commented the Council had the option to exempt the requirements for offsite improvements based on the current municipal code, and based on the health and welfare issues, Council Member Good asked about the location of the bathrooms in relation to the existing sanctuary. Planning Director Hults responded the outside bathrooms were located about 10 ft. from the sanctuary, and that the building sits back 250' from Sanderson Avenue. Council Member Conner asked if the applicant was willing to dedicate right of way for future street widening. Planning Director Hults responded he did not know. However, building plans had been submitted on May 4, 2000. Council Member Carlson Buydos asked about if the buildings had legally been permitted, and concurred with Council Member Conner regarding the dedication of right of way for future street widening. Planning Director Hults responded the City annexed the territory known as Annexation 66 in 1993, which the church property was part of. I-Ie has been told that the facilities were established in 1992, prior to the area being in the city boundaries. He mentioned the City would probably require an additional 20' to secure adequate right of way for ultimate widening in accordance with the General Plan. He also briefed the Council on the plans for the bathroom addition, which are designed to be inside the existing building. The current bathroom facilities are small and do not comply with ADA or Building Codes. It is in the best interest of the public health to allow them to be built. 5 Council Member Conner asked if the existing outside bathrooms are planned to be demolished after the new facilities are built Planning Director Hults responded he has no solid answer if they were legally established orthat are not in compliance with the codes. Council Member Carlson Buydos asked if the City could place a condition on the building permit to dedicate the additional right of way prior to final occupancy. Planning Director Hults responded the condition might be placed on the permit to dedicate right of way for future widening prior to final occupancy. Public Hearing was opened. Pastor Ken Lloyd of Hosanna Christian Fellowship presented pictures to the Council of the facilities, and provided background information about the property. The County approved the uses for a church while in the unincorporated area. The remodel permit was obtained also while in the county jurisdiction. The church is willing to bring the property up to code, and comply with all legal requirements. However, is not willing to widen the road and build offsite improvements, as the project then would not be feasible to build with the current church funds. Legal Counsel Brown asked if the church was willing to dedicate right of way for future widening, and what plans they had for the use of the existing bathrooms. Pastor Ken Lloyd responded the church wanted to do what is right, and if the existing bathrooms are considered illegal, the church will demolish them, based on the city's requirements. Council Member Conner asked if the church owned the property. Pastor Ken Lloyd responded it was church property. He also commented if the city allows the construction of the bathrooms, the work will be scheduled to be completed by the summer of 2000. M/S/C (AYRES/CONNER) to adopt Resolution No. 2245, exempting Hosanna Christian Fellowship from the requirement to install offsite improvements as a condition of their permit to construct new restroom facilities for the sanctuary; to place a requirement on the building permit to submit an irrevocable offer to dedicate — 20" of right of way for future widening of Sanderson Avenue, prior to final occupancy; and to 6 4.6 continue using the 'existing restroom facilities until the new ones are built, once the new facilities are built and in operation, the old facilities shall he demolished if deemed found to be inappropriate. Ayes: Ayres, Carlson Buydos, Connor, Good, and Williams Noes: None Mayor Williams called on City Engineer Motlagh who summarized his staff report dated May 4, 2000, and explained the City Council comments had been incorporated to the specifications, and the current contract called for the inclusion of bike racks and tile roof. He also commented MWD had completed the review of the plans and they require only 15' setback from their facilities. He was confident that the playground equipment could be placed within the required setback. Vice Mayor Ayres asked if the trees had been eliminated from the plan. City Engineer Motlagh responded the trees were eliminated at the request of MWD and also due to budget constraints. Vice Mayor Ayres asked for a timeline for the project. City Engineer Motlagh responded the contract called for 90 calendar days. However, the equipment catalog needed to be submitted to the City for review and approval by the landscape architect. Council Member Good asked about the contingency cost for the contract. City Engineer Motlagh responded the 10% contingency covers the review by the landscape architect and related engineering work. Council Member Conner asked about the placement of the equipment and structure in the narrowed and long shaped parcel. City Engineer Motlagh responded the schematic plan had been approved on March 16. This plan included the tot lot and the canopy. The placement of the equipment was not included at that time due to the fact that comments had not been received from MWD. Approval from MWD has now been received and the placement of the equipment will be plotted inaccordance with their requirements. M/S/C (AYRES/CARLSON BUYDOS) to award the contract to American Restoration and Construction of Los Angeles for the sum of $97,895 plus 10% contingencies for landscape architect review and engineering; reject other bids; and authorize the Mayor to sign the contract agreement. AGENDA ITEM /. December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simon Finance Director SUBJECT: Annual Report Pursuant to Gov. Code § 53410 Regarding CFD No.2 -Series A 2002 -Bond Improvement Funds RECOMMENDATION: Adopt resolution of Annual Report Pursuant to Gov. Code § 53410 regarding bond improvement funds. BACKGROUND: SB 165 (9/2000) requires that the chief fiscal officer file a report with the governmental body on bond proceeds and discloses: 1) amount of funds collected and expended 2) status of any project required or authorized to be funded. Report shall be submitted no later than January 1, 2002 and at least once a year thereafter. Bond accountability measures are required for any voter approved bonds issued after January 1, 2002, including any bonds issued pursuant to the Mello -Roos Community Facilities Act. The CFD #2 refinancing bond issue of October 2002 is the only bond issue that is required for annual report pursuant to Gov. Code § 53410. JUSTIFICATION: Required under Gov. Code § 53410. BUDGETARY IMPACT: None by this action. Page 1 of 2 ATTACHMENTS: Exhibit H — from MOU with Elliott Associates regarding CFD#2 bond workout Resolution Statement of Annual Report Pursuant to GC 53410 Exhibit"A" Statement of Annual Report Pursuant to GC 53410 Page 2 of 2 EXHIBIT H RANCHO SAN JACINTO CFD NO.2 Improvement Fund Expenditures Landscape and Irrigation Repair existing irrigation well S60,000 Repair existing irrigation and con Rodent control Replace dead plant ma erial ro ler system 14,300 16,000 46,500 Aerate and reseed turf areas and retention basins 23,000 Retrofit lighting standards 75,000 Add additional ground cover 50,000 Sub -total: $284,800 Street improvements Paving repair of Esplanade Ave - Hewitt to Commonwealth Water System Relocate 12" pipe required per EMWD Build 12" pipe (in -tract) $72,210 $10,865 164 539 Sub -total: $175,404 Storm Drainage System Modify drainage ditches and inlets City Projects Retrofit 2 tot lots for ADA compliance Total RV'PLH ;AB 577719 H-1 $100,000 $200,000 S832,414 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, STATEMENT OF ANNUAL REPORT PURSUANT TO GOVERNMENT CODE SECTION 53410 WHEREAS, the City of San Jacinto is required to file an annual report with its governmental body for all bonds issued on or after January 1, 2001 and required to be reported under Government Code § 53410; and WHEREAS, under government code section 53410, the chief fiscal officer is required to file a report no later than January 1, 2002 and at least once a year thereafter; and WHEREAS, such report shall contain a) the amount of funds collected and expended and b) the status of any project required or authorized to be funded; and WHEREAS, Community Facilities District No. 2 of the City of San Jacinto - CFD No.2 —Series A 2002 bonds have unexpended capital improvement funds that are required to be reported under Government Code § 53410; and NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, California, as follows: 1) The City is hereby in Compliance with GOVERNMENT CODE SECTION 53410. 2) The requirements of the Act are disclosed under Exhibit "A", Statement of Annual Report Pursuant to GOVERNMENT CODE SECTION 53410, hereto attached. APPROVED AND ADOPTED this 18`h day of December, 2003, by the following vote: Ayes: Nays: Abstain: Absent: City of San Jacinto Page 1 of 3 Dorothy L. Chouinard, City Clerk Page 2 of 3 EXHIBIT "A" STATEMENT OF ANNUAL REPORT PURSUANT TO GOVERNMENT CODE SECTION 53410 Senate Bill 165 enacted the Local Agency Special Tax and Bond Accountability Act. This Act requires that any local special tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California Government Code. Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports This Report intends to comply with Section 53411 of the California Government Code that states: "The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The Annual report shall contain all of the following: (a) The amount of funds collected and expended. (b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 53410." The requirements of the Act apply to the Improvement/Construction/Facilities Fund of the following Districts: District Date Bonds Issued Initial Amount Deposited To Construction Fund 6/30/2003 Balance Expended Amount Project Status C1D No. 2 Series A 2002 10101/2002 $832,000.00 S837 075.5I S0.(Y) Ou-Ciuuao REF:AC 6711695206 Page 3 of 3 AGENDA December 18, 2003 ITEM /. TO: The Honorable Mayor and Member of the City Council FROM: Habib Motlagh, City Enginee Final Tract Map 24054 -Subdivision Agreement and Labor and Performance Security for Required Improvements RECOMMENDATION: Authorize the City Manager to execute Substitute Subdivision Agreement for Completion of Public Improvements for Final Tract Map 24054, accept associated labor and performance in the amount of $510,355.57 and monumentation bond in the amount of $2,500.00; and release existing Subdivision Improvement Security for Labor, Material, and Performance Bonds in the amount of $369,692.80. BACKGROUND: Final Tract Map 24054 is a recorded subdivision, partially built, located south of Commonwealth Avenue, east of Van Fleet Drive and west of Villines Avenue, totaling 61 single-family homes. This subdivision has been sold to Western Pacific Housing, a Delaware Corporation licensed to do business in California. who in turn has executed the associated subdivision agreements and posted the required security in the amount of $510,355.57, for the completion of the required public improvements. JUSTIFICATION: Subdivision Improvement Security is required by San Jacinto's Municipal Code Section 16.24, and the Subdivision Map Act (Government Code Sections 66410 et seq.), and conditions of approval for Tract 24054. Appropriate securities to complete the offsite improvements have been posted with the City and are part of the subdivision agreement. Page 1 of 2 City Manager:_ j ATTACHMENTS: Final Map 24054 Page 2of2 LJOH 99-9S/9tJ 8W , 19.37. 1y4 -1r �s /26'1 /`im.nr y �� U�m lu a (C t (4.62) (O5) O _O 0 CD CJ —< ti O 58 C] I I O 0 58 i- m CO 0 ci "Ei 23-35 Era 8k s / I Z3 / \�' Flo- :� � t / (1 ?‘ C / A / 5[ V `�) //;(473j rv- // 05) V 7 U. I -D -O / C o to / C_T, (./) 73 CO w� RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF SAN JACINTO 201 E.'Main Street San Jacinto, Ca 92583 Al°IN: City Clerk Exempt from recording* fee,per Government Code Secti a 6103 CITY OF SAN JACINTO, CALIFORNIA By. City Clerk AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 24054 between THE CITY OF SAN JACINTO a California Corporation and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do business in California RVPC'B MXM1606513 GREEMENT FOR COMPLETION OF PUBLIC Ilk FINAL TRACT MAP 24054 PARTIES AND DATE. is Agreement for the Completion of Public Improvements (','Agreement") is entered into as of this 4°i day of December, 2003, by and between the City of San Jacinto, a California municipa corporation ("City") and Western Pacific Housing, Inc., a Delaware Corporation, with their principal office located 400 N. Continental Blvd., Suite 100, El Segundo; CA 90245 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties. II. RECITALS. A. On November 2, 1990, Developer's predecessor in interest, PR Equities, LID, ("PR Equities"), submitted to City an application for approval of a tentative tract map for real property located within City. The tentative tract map was prepared on behalf of Developer by NBS Lowry, and is identified in City records as Final Tract Map No. 24054 (Tract No.24054.) B. PR Equities' application for a tentative tract map 24054 was deemed complete on November 5, 1990. On January 16, 1991, the San Jacinto Planning Commission conditionally approved PR Equities' application for a tentative tract map 24054. C. Neither PR Equities, nor Developer has completed all of the work or made all of the public improvements required by San Jacinto's Municipal Code Section 16.24, the Subdivision Map Act (Govermnent Code sections 66410 et seq.) ("Map Act"), the conditions of approval for Tract No.24054, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section San Jacinto Municipal Code Section 16.24.010 (B) and the applicable provisions of the Map Act, PR Equities, LTD has entered into a separate agreement for completion of publicimprovements for Final Tract Map 24054. Developer and City enter into this Agreement for the timely construction and completion of the public improvements, and now wish to furnish the security therfor, acceptable to the City Engineer and City Attorney, for Tract No. 24054. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City Council approval of December 1, 1992, authorizing recordation of the final map for Tract No. 24054. F. The parties hereby acknowledge and reaffirm each and every obligation set forth in the PR Equities, LTD Agreement, including, without limitation, Developer's obligation to complete RVPUB3.n M'.606f 13 PAGE 2 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Taken fr©m the 1211 /02 Minutes: iS/C (Ayre ! C ri on-Buydos} oved to make the following appointmants: CD Revie Recyclin f San Jacinto vees use Economic Development Historic P s ation Public Safe Chamber Liaison Healthy Co unities Transpo 79, RCTC RT ) ion (includes H Riverside Coun Di aster Comm l = e San Jacinto Response Co i e Franchises Tribal Council l u VEDC Ayres, Shaw Conner, Stubblefield Carlson-Buydos, Ayres Ayres, Buydos Conner, Shaw Ayres, Stubblefield Shaw, Conner Shaw RTA — Ayres, Stubblefield RCTC - Carlson-Buydos, Conner All others — Ayres, Buydos Ayres Ayres, Shaw, Harding (City Manager), Simmons (Police Chief), Simon (Finance Director), Hults (Community Development Director), Barron (Battalion Fire Chief) Shaw, Stubblefield Ayres, Conner Conner, Buydos Page 3 of 4 12/ 12/2003 11: Ei6 VVRCOG Water (includes Ground Water Association, E D Planning Task Force) 4, of July Parade LLD Airport Len. Use Commission Library Motion carried unanimously. Conner, Stubbiefi Buydos, Stubblefield Ayres, Stubblefield Buydos, Shaw Potts, Shaw Conner, Shaw (8, librarian) Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Later Additions: 1/9/03 Finance Commi ee Appointments: Conner, Potts, Simon 2/6/03 Ramon Pa 5/15/03 Plannin an ()presentative: Shaw Corn ksIon and City Council Land Use Review Committee: Ayres, Carlson-Buydos (same as Land Use and Development Committee) 6/6/03 CR&R Contr ct: Shaw, Conner Ad Hoc Commi Interviewers for Estudillo Mansion Committee Applicants: Ayres, Stubblefield Interviewers for Planning Commission Applicants: Ayres, Carlson-Buydos Task Force for the Homeless: Shaw, Cosentini Page 4 of 4 MEMORANDU TO: The Honorable Mayor and City Coun FROM: Peter A. Cosentini, City Manager By: Dorothy L. Chouinard, City Clerk DATE: November 21, 2003 I Members SUBJECT: Local Appointments List also known as Mad Lisi (Council anding Committees, Subcommittees, and Ad Hoc Ap intments) The City Council, at their first meeting in December, will do the Coun Reorganization in accordance with Resolution No. 2387, as adopted October 17, 2002. hen at the second meeting, December 18, 2003, the Mayor will make recommendations fo e Ad Hoc Committees, Standing Committees, Outside Committees and o Subcommittees. The past two years the Mayor has made the appointments in the form of a motion; it is seconded and approved by the Council. To facilitate that action, attached is information for Council Members to discuss and make known to the Mayor between the first and second meetings of December the preferences for which committee to serve on or not, whichever is appropriate. Attached is the Local Appointments List that was adopted at the second meeting of December, 2002. There have been some changes and additions, which are, also, included. Also, inform this office if there are any new committees that need to be added. The 2003 additions and/or changes: 1/9/03 Finance Committee 2/6/03 Ramona Pageant (added back) 5/15/03 Planning Commission and City Council Land Use Review Committee 6/5/03 CR&R Contract Review Committee Taken from the 12/19/02 Minutes: M/S/C (Ayres / Carlson-Buydos) moved to make the following appointments: Land Use and Development Committee (General Plan and Development Issues) CDBG Review Recycling & Refuse San Jacinto Levees Economic Developmen Historic Preservation Public Safety Chamber Liaison Healthy Communities Transportation (includes Hwy 79, RCTC & RTA) Riverside County Disaster Committee San Jacinto Disaster Response Committee Franchises Tribal Council Issues VEDC WRCOG Ayres, Carlson-Buydos Ayres, Shaw Conner, Stubblefield Carlson-Buydos,Ayres sB Conner, Shaw Ayres, Stubblefield Shaw, Conner Shaw RT 4yres Stub field arson-Buydos, Conner others7;----Ayfes, Buydos Ayres Ayres, Shaw, Harding (City Manager), Simmons (Police Chief), Simon (Finance Director), Hults (Community Development Director), Barron (Battalion Fire Chief) Shaw, Stubblefield Ayres, Conner Conner, Buydos Conner, Stubblefield (_(__ KY' - The 2003 Ad Hoc Committees in - e nte-ittees for Planning Co nrua issio nd th Estudillo Mansion Committee omeless Task Force following are Committees that were dropped between 2000 and 2001 Childcare Consortium Heritage Project Liaison Lake Park Bridge Riverside County Freer Library 'Advisory Committee f Virginia` Lee Hotel Empowerment through Community Asset Building Ramona Pageant One Stop Career Center Upon review of the attached list, please, advise the Mayor by December any committees upon which you would like to serve. Peter A. Cosentini, City Manager 8, 2003 of Riverside County Transportation Commission Agenda December 10, 2003 Page 2 3) Approve the proposed Federal Transit Administration's (FTA) Section 5307 Program of Projects for Riverside/San Bernardino, Hemet/San Jacinto, Temecula/Murrieta and Los Angeles/Long Beach/Santa Ana Urbanized Areas. ADDITIONS/REVISIONS (The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 7. CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 7A. ADOPTION OF COMMISSION AND COMMITTEES MEETING SCHEDULE Overview This item is for the Commission to adopt the schedule of the Commission and Committees meetings, as shown on the attached calendar. 7B. RESOLUTION NO. 04-005 "RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003-2004" Overview This item is for the Commission to adopt Resolution No. 04-005, "Resolution of the Riverside County Transportation Commission Establishing the Annual Appropriations Limit for Fiscal Year 2003-2004." Riverside County Transportation Commission Agenda Page 3 7C. CONTRACTS COST AND SCHEDULE REPORT This item is for the Commission to receive and file the |� rLfor `'^ the month October` ^l1,�2003'�� Cost and �� 70' CITY OF CORONA'S REQUEST TO REPROGRAM FUNDS ' ` Overview This item is for the COnnnniSSiOn to approve the City of CO[OOe'S request to reprogram State Transportation Improvement ]P'gnann (S||P) HogiOOa| |nnprOvonnoDt Program (RIP) funds On the Advanced Traffic K8eOag"rneOt System ' `(/\T`S) project ^with ^ 'TEA ^'-21 Reauthorization Congestion Mitigation and Air Quality CK8A{l) funds. 7E. CITIZENS ADVISORY COMMITTEE/SOCIAL SERVICES TRANSPORTATION ADVISORY COMMITTEE Overview This item is for the Commission to approve the membership roster for the Citizens Advisory Committee/Social Services Transportation Advisory Committee (CAC/SSTAC) effective January 2004. 7F. FISCAL YEAR 2003'2004 FEDERAL TRANSIT ADMINISTRATION'S SECTION 53l1RURAL TRANSPORTATION PROGRAM Overview This item is for the Commission to approve the proposed FY 2003'04 Federal Transit Administration's Section 5311 Program of Projects for Riverside County. 7G. COMMUTER ASSISTANCE PROGRAM RIDESHARE WEEK UPDATE Overview This item is for the Commission to receive and file the Commuter Assistance Program RideahoreVVeek Update as on information item, Riverside County Transportation � December .~ 2003 `pau&*'` 7H. FISCAL YEAR 2004-2008 MEASURE -A- FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITY OF BEAUMONT 71. Overview` This item iofor the .Commission to.approve the FY{2OO4-O8(Measure ` "/\"| Five -Year Capita |nlpnovarnant Plan for Local Streets and Roads for the City of Beaumont. AMEND THE COMMUTER RAIL PROGRAM'S FISCAL YEAR 200' 2OO4 SHORT RANGE TRANSIT PLAN TO REFLECT THE ALLOCATION OF MEASURE ^A^ AND LOCAL TRANSPORTATION FUNDS Overview This item iofor the Commission to: 1) Allocate up to $2K4 in Measure "A" rail funding to the Commuter Rail Program for the |aaoa of commuter rail cars and locomotives; ` Z> Reprogram $40,000 in Local Transportation Funds (LTF) from operating to capital to cover replacement costs of rail seat cushions; 3> Allocate $845,100 in LTF funds to cnrno|ata the Pedestrian Over -Crossings at the VVaot Corona and La Sierra K4atro|ink Stations as well as the construction and installation of Closed Circuit Television at the La Sierra, Pad|ay and VVaot Corona Matro|ink Stations; and, 4> Amend the Commuter Rail Progrann'o FY 2003'04 Short Range Transit Plan to reflect these changes. Riverside County Transportation Commission Agenda December 10, 2003 Page 5 7K. 7L. APPROVE MEMORANDUM OF UNDERSTANDING NO. M-23-011 WITH THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) FOR THE DEVELOPMENT AND COST REIMBURSEMENT OF THE SAN JACINTO BRANCH LINE (PERRIS VALLEY LINE) PROJECT This item is for the Commission to: 1) Approve Memorandum of Understanding No. M-23-01 1 with the SCRRA for the development and cost reimbursement of the San Jacinto Branch Line (Perris Valley Line); and, Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 2003 BEACH TRAIN PROGRAM SUMMARY Overview This item is for the Commission to receive and file the 2003 Beach Train Program Summary Report as an information item. COMMUTER RAIL PROGRAM UPDATE Overview This item is for the Commission to receive and file the Commuter Rail Program Update as an information item. 7M. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Commission to receive and file the State and Federal Legislative Update as an information item. Riverside County Transportation Commission Agenda Decemb p^ov`s` 7PJ'''TDA FUNDING ' �FORMULA JFOR '-�WESTERN /RIVERSIDE , BUS ` AND COMMUTER RAIL SERVICE ` _Overview__ l) Approve achange inthe `Western `County funding formula and ` Commission policy for Local Transportation Funds /and State `` `Transit Assistance Funds for bua'.andcommuter` 'rail service to 78% for jbUa and 22% for commuter rn[ ,`| effective in FY20 ` 5�and, ` ` 2) Approve atimeline for the funding formula to be reviewed in FY 2007-08 with proposed changes to be implemented in FY200B-l0. ` STATUS OF Overview This item is for the C onniooion to receive and file the stat us report on the 2004 State Transportation Improvement Program as an information item. 9. AWARD AGREEMENT NO. 04-31'010 WITH JACQBS CIVIL INC. TO PROVIDE ENGINEERING SERVICES RELATED TO THE CAJALCQ'RANONA CORRIDOR PROJECT Overview This item is for the Commission to: 1Approve the selection process recommendation of Jacobs Civil Inc. as the lead consulting firm for the preparation of a Project Report, anU Environmental Document for the C ja|co'Ranona Corridor project; 2) Award Agreement No. 04-31-018 to Jacobs Civil Inc. based on the negotiated project scope schedule and coot for a not to exceed amount of A5,030,501 to perform Phase | activities related to developing the Project Report and Environmental Document, subject to receipt of written documentation from FHVA and Ca|trana assuring the Commission that a PSR/POS document is not required; and 3) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf ofthe Commission. 8. THE 2004 STATE TRANSPORTATION IMPROVEMENT PROGRAM Riverside County Transportation Commission «oe"un .ppoe7 1{].` `']ELECTION KOF OFFICERS uAND ]SELECTION /OF .TO THE`/ ` EXECUTIVE'- COMMITTEE u»werwzem/ ` This item is for: ` 1) .The Commission to elect the officers of theCommission — (Chair, ` Vice Chair, and Second y|ceCh Chair; and, 2) The cities f Bh`., Cathedral ity, Coachella, Desert Hot Springs, Indian ` Indio, `La [luinta, pa1nn` Desert, Palm Springs, and ` Rancho Mirage to select their representative to the Executive �Committee. ` 11. ITEMS PULLED FROM CONSENT CALENDAR AGENDA ` 12. COMMISSIONERS / EXECUTIVE DIRECTOR'S REPORT Overview This bern provides the opportunity for the Commissioners and the Executive Director to report on attended and upcoming meeting s/confarences and issues related to Commission activities. 13. ADJOURNMENT The next Commission meeting /s scheduled to be held at S:OO a.m., Wednesday, January 14' 2004' Board Room, County of Riverside Administrative Center' 4080 Lemon Street' Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION Due to lack of substantive agenda items for the Executive Committee, the Executive Committee's meeting scheduled to be held on Wednesday, December 10th, at '8 a. is cancelled. If you have any questions, please contact Naty Kopenhaver, Director of Administrative Services at (909) 787-7141. RESPONSE STUDY FOR PROPOSED SAN JACINTO CITY FIRE STATIONS Proposed locafor "Industrial Fire Station" +T HD /:a^ • ° / • S .�� .• • • •, , ® ,•�' Proposed �• ,• , »mom 2m+" •®• ) COTTONWOOD _, \ 1 i a / / / \ \ } \ of < & > Z .� . .. \• CI ggNDEaE m# >; (;.I1h ly;7 , , ;e • ,- 1 LII ' , w/\ December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerl SUBJECT: Local Appointments List aka Maddy List RECOMMENDATION: Following Council's consideration, approve by motion appointments to Local Appointments List. BACKGROUND: A list of all boards, commissions, and committees whose members serve at the pleasure of the City Council is required to be kept by the City Clerk. Annual maintenance of the list is, also, required under Maddy Appointive List Act. According to Government Code Section 54972 the list shall be known as Local Appointments List. The purpose of the subcommittees and or task forces is to act as sounding boards and advisory bodies for the City Council on various matters concerning pertinent issues that are brought to the attention of Council Members or City Staff. The subcommittees and or task forces review the issues that are brought before them and provide feedback to staff for consideration by the full Council. According to the Council Member Orientation Handbook adopted per Resolution 2387 on October 17, 2002 City Council representation / subcommittee / task forces, the City Council or Mayor may designate subcommittees / task forces as necessary. No more than two (2) members of the City Council may be appointed to a single subcommittee and any vacancy can be filled in the same manner as the original appointment. Any staff support necessary shall be provided by City Manager representation and or other staff at the direction of the City Manager. The members of the Council subcommittees serve for a term of one (1) year. The Mayor reviews the appointments annually, or upon any vacancy, or as Page 1 of 2 deemed necessary for continuing necessity. Typically, the subcommittees require staff support and meet the requirements of the Brown Act. In contrast, an Ad Hoc Committee my require staff support and are not required to meet requirements of the Brown Act. They shall serve for the period of time necessary to meet the needs as they were originally intended. A recommendation was made to add the Estudillo Mansion Committee. JUSTIFICATION: A list of all boards, commissions, and committees whose members serve at the pleasure of the City Council is required to be kept by the City Clerk. Annual maintenance of the list is required. BUDGETARY IMPACT: None ATTACHMENTS: Council Committee Assignments (Local Appointments List) as adopted 02-19-02. Page 2 of 2 Taken from the 12/19/02 Minutes: M/S/C (Ayres / Carlson-Buydos) moved to make the following appointments: Land Use and Development Committee (General Plan and Development Issues) CDBG Review Recycling & Refuse San Jacinto Levees Economic Development Historic Preservation Public Safety Chamber Liaison Healthy Communities Transportation (includes Hwy 79, RCTC & RTA) Riverside County Disaster Committee San Jacinto Disaster Response Committee Franchises Tribal Council Issues VEDC Ayres, Carlson-Buydos Ayres, Shaw Conner, Stubblefield Carlson-Buydos, Ayres Ayres, Buydos Conner, Shaw Ayres, Stubblefield Shaw, Conner Shaw RTA — Ayres, Stubblefield RCTC - Carlson-Buydos, Conner All others — Ayres, Buydos Ayres Ayres, Shaw, Harding (City Manager), Simmons (Police Chief), Simon (Finance Director), Hults (Community Development Director), Barron (Battalion Fire Chief) Shaw, Stubblefield Ayres, Conner Conner, Buydos Page 3 of 4 WRCOG Water (includes Ground Water Association, EMWD Planning Task Force) 4th of July Parade LLMD Airport Land Use Commission Library Motion carried unanimously. Conner, Stubblefield Buydos, Stubblefield Ayres, Stubblefield Buydos, Shaw Potts, Shaw Conner, Shaw (& librarian) Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Later Additions: 1/9/03 Finance Committee Appointments: Conner, Potts, Simon 2/6/03 Ramon Pageant Representative: Shaw 5/15/03 Planning Commission and City Council Land Use Review Committee: Ayres, Carlson-Buydos (same as Land Use and Development Committee) 6/5/03 CR&R Contract: Shaw, Conner Ad Hoc Committees: Interviewers for Estudillo Mansion Committee Applicants: Ayres, Stubblefield Interviewers for Planning Commission Applicants: Ayres, Carlson-Buydos Task Force for the Homeless: Shaw, Cosentini Page 4 of 4 AGENDA ITEM 44 December 18, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosen • , City Manager Habib Motlagh, ity Engineer SUBJECT: Lyon Avenue Realignment/Regional Drainage Basin RECOMMENDATION: By motion authorize staff to complete the following tasks: 1. Complete the hazardous waste/environmental studies (Phases I and II), to ensure the properties are clean — cost $7,500.00. Proposed funding: drainage mitigation fees. 2. Initiate a feasibility study to determine if the property can function as regional retention basin — cost $40,000.00. Proposed funding: drainage mitigation fees. 3. Upon completion of the above tasks and purchase of the properties, grade and construct the retention basin — cost to grade site is estimated at $350,000.00. Proposed funding: drainage mitigation fees. Staff recommends a special district for basic maintenance. 4. If the Council decides to purchase the property to construct Lyon Avenue, a community facilities district (CFD) shall be established to pay for 100`)/0 of the cost of the road improvements, including a traffic signal. In the event the Council is not interested in financing 100% of the cost of the road project through a CFD, and street and signal impact fees. It is recommended that the Council not purchase the property. 5. Should the Council be interested to develop the drainage basin into a park, direct staff to investigate the feasibility of establishing special district or new funding sources to pay for the ongoing maintenance cost of the park. This funding recommendation for park construction is park development mitigation fees. Staff recommends that the Council not construct the park until the maintenance funding source is in place. Estimated cost for preliminary financial studies is $35,000.00 - proposed funding: park development mitigation fees. City Manager: Finance Director: Page 1 of 3 BACKGROUND: Generally, prior to property acquisition, Phase I or Phase II environmental studies must be completed to determine that the properties in question are free and clear from any environmental/hazardous materials. Also, since the site is proposed to be utilized as a regional basin, and the proposed basin is not currently identified in the Northwest Master Drainage Plan, it becomes imperative to determine the feasibility and usefulness of a regional basin at this location. These studies will take approximately 4-months to complete. The estimated cost to develop this site as a regional retention basin is $350,000, which includes grading and fencing. This expense is eligible to be funded by Master Drainage fees. According to Mr. Simon, a balance of $1.5 Million in Master Drainage funds will be available as of the end of this fiscal year. It is also recommended that the Council direct staff to start the bid specification for grading of the basin in a manner to receive appropriate credit for export and sale of excess dirt. Although, adequate drainage funds are available to purchase and to construct the basin, no funding mechanism has been identified for ongoing maintenance, which is estimated at $20,000/year. Special maintenance district such as the recently adopted street maintenance district should be established to pay for the maintenance cost. To finance the construction of Lyon Avenue between De Anza Drive and Ramona Expressway, including construction of a traffic signal at the intersection of Lyon Avenue and Ramona Expressway, $1.7 Million will have to be generated to complete this work. Funding shall be through establishment of CFD, which will increase the cost to $2.4 Million. There are several options available to Council to accomplish this task. Staff's recommendation is to establish a CFD requiring the subdivisions currently in various stages of development to join the CFD and to finance the construction of the road improvements. Also, condition future projects which benefit from development of this road to reimburse the CFD for their fair share of the project cots. There are several residential projects located within close proximity to this site (please refer to attached exhibit). Other option is to establish an assessment district to require payment of one-time fee prior to issuance of a building permit or final map recordation. As depicted on attached map, the proposed road will dissect the parcels in two sections. These parcels may be developed into regional retention basin which can be beneficial not only to downstream properties by reducing the runoff but also provide adequate outlet for future upstream drainage facilities. As discussed above, a feasibility study must be completed to adequately calculate the benefits of the basin. It should be noted that upon completion of the initial study, the current Northwest Drainage Plan must also be revised to reflect the above changes. This revision is not included in this discussion and will be a component of the Citywide Drainage Master Plan, to be initiated upon completion of the General Plan Update. Page 2 of 3 The Council has also discussed the implementation of joint park/retention project within this site. This concept requires extensive discussions and considerations as the City is neither in financial position to construct the park nor to maintain. The estimated cost of construction of the park is $2.7 to $3 Million, with ongoing maintenance estimated at $250,000/year. According to the Finance Director, we should have a balance of $170,000 in park development fees at the end of the current fiscal year. To properly analyze options including financing the construction, and the ongoing maintenance of the park, detailed financial studies will be required and staff recommends that these studies be performed prior to final action by City Council on park construction. Any such study shall be financed by utilizing park development fees. JUSTIFICATION Implement the City's Circulation Element of the General Plan and to reduce flooding in the Northwest area of the City. BUDGETARY IMPACT Drainage fees, special assessment and funding, and park fees shall be utilized, as appropriate. ATTACHMENTS: 1. Development Activity Map 2. Lyon Avenue Realignment Plan 3. Memorandum from Finance Director Simon dated November 6, 2003 4. Miscellaneous Exhibits Page 3 of 3 City of San Jacinto 201 S. Main St. San Jacinto, CA 92583 Tal. (909) 654-7337 The Information shown on this map was compiled from the Riverside County OIS and the City of San Jacinto OIS. The land base and facility information on this map b for display purpose only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of San Jacinto will not be held responsible for any otaims, losses or damages resulting from the use of this map. TY OF SAN JA INTO TENTATIVE MAPS City Limits f Road Centerlines Tentative Maps File: C:lgisfolder2ltractsex i.apr Printed: 12/1 1 /03 SAN ►ACINTO Continues to Warren Road Proposed Secondary Continues to Warren Road NORTH SAN JACINTO PROPOSED eiRCtacgnory EMuarr San Jacinto Reservoir t mem reg �'%m . ryes 0 , Ii Avow, Oa. I.►��:I LIII PUNP0SE5 ONLY. NO LIABILITY AIA SHONN. ASSESSOR'S PARCEL /1 0/ BUILDING SITE ORDINANCES. V 02 } DATA t PAIN 9 Ex 12 29.96 AC MUL AS 13 B0 I7 71, B3/13 I7W0 AP I3B- 5, [060. A-21, SDA-I POR,SEC 21 T,4S,,R,1W CITY OF SAN JACINTO MB 8/357 SD SAN JACINTO LAND ASSOCIATION PM 183/49-50 PARCEL MAP 27723 I.R.A. 010-097 010-098 010-181 010-191 010-193 Mey 2003 431-05 21-15 ANGLE ='8 440 NN18EN NEW NUMBER 7/79 7/79 /97 7/E7 2/E7 003 804 12,14 15,16 17,18 12,20 21,22 23,ST 24 A21-22; 23 1\i MEMO NDUM November 6, 2003 To: Habib Motlagh, City Engineer From: Bernie Simon,nance Director Subj: Lyon Avenue Realignment Funding Based on your estimate of the costs of funding $2,500,000 for this project, I would first of all recommend that development pay for the majority of the costs, since development would be getting the majority of the benefit. We are also very limited in development fee funds by virtue of our low developer fees and the City certainly has more needs than just Lyon Avenue. The available funds are on the attached schedule, should the City decide to proceed with this project. The majority of the funds are in Flood Control, with lesser funds in Traffic Signalization, Park Development and Traffic Safety. As you have mentioned to me, some of the benefiting properties could be conditioned to join an assessment district but I believe a CFD is even possible. Depending on the priority of this particular project, Council can always change the appropriation on some FY 2003-04 budgeted projects in Measure A or the $1 Million County Loan and allocate financial resources to this project. Potentially another $1.5 to $1.8 Million may be available in the future from Development Agreement Fees signed in June 2003. In light of our current deficit spending situation, I would not recommend this option. If the funding of this project is necessary, I would suggest we spend all developer contributions, AB1600 fees, and any other restricted money, before we use any unrestricted sources of funds such as Developer Agreement Fees. FINANCE DEPARTMENT City of San Jacinto Funding for Lyon Avenue Realignment Potential Sources of Funding 041 Traffic Signalization Fees 028 Park Development Fees 024 Traffic Safety Fund 039 Flood Control Other Potential Sources P1 Measure A Funds P2 $1 Million County Loan Source of Funds Developer Fees Developer Fees Traffic Fines Developer Fees Would need to chan 1/2 cent sales tax Loan Funds Restricted Restricted Restricted Restricted Available Funds 6/30/2003 $ 162,740 $ 401,600 $ 325,325 $ 1,728,365 $ 2,618,030 FY 2003-04 Net (Exp) Rev Budgeted $ 59,890 $ (231,120) $ (71,625) $ (205,960) Projected Available Funds After Budget FY 2003-04 $ 222,630 $ 170,480 $ 253,700 $ 1,522,405 $ 2,169,215 e budget appropriation and other Approval Documents Restricted $ 162,254 Measure A Capital Budget would need to Restricted $ 1,000,000 Currently proposed for Main Street & Soboba Ro Future Potential Sources Subject to future conditions and Approvals P3 Development Agreement Fees Develop. Agrmts. Unrestricted $ 1,800,000 Depending on pace of final map approvals. Assuming not needed for General Fund deficit. P4 Assessment District "Condition" 1,000 lots at $400 unit Restricted $ 400,000 Assuming AD is imposed. (Estimated Assessment) Revenues to Date 041 Traffic Signalization Fees 028 Park Development Fees 024 Traffic Safety Fund 039 Flood Control City of San Jacinto Funding for Lyon Avenue Realignment Ana4,,,,,zommirM74` yeit..,;of Current Revenues FY 2003-04 FY 2003-04 :...FY.200344 Estimated ••Actual • Actual Revenues Revenues • RevenueS.. • Budget Thru 9/30 • % Restricted $ 60,000 $ 4,511 7.52% ••. Restricted $ 106,500 $ 15,257 • 14.33%.. Restricted $ 69,000 $ 9,303 • • 13.48% •• Restricted $ 340,000 $ 135,008 • .•• 39.71% • Source of Funds Developer Fees Developer Fees Traffic Fines Developer Fees Percentage of Fiscal Year Completed 25.00% TO: The Honorabl Mayor and Members of the City Council FROM: Bernie Simo Finance Director SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and Payroll Checks RECOM ENDATION: By motion, approve the warrant register for the warrants and prepaid items and payroll checks issued since the last Council meeting, for the period ending December 18, 2003 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid # s Cycle Dates Payroll Checks Cycle Date 65959-66090 December 18, 2003 16141-16207 December 18,2003 Payroll information is available for Council review in the Finance Department. JUSTIFICATION: All warrants, pre -paid checks and payroll checks require Council approval. BUDGETARY IMPACT: Adequate funds have been budgeted to cover the subject expenses. ATTACHMENTS: 1 — Detailed listing of invoices paid and warrant register. Finance Director: Page 1 of 1 City of San Jacinto Warrant Register Date:12118/03 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 65959 11/25/03 Southern california bindery & REQUEST 11/25/3 Postage and mailing fees 010-1100-411.36-10 2,000,00 2,000.00 65960 '12/1/03 Johnson & associates client trust REQUEST 11/21/3 Settlement of litigation 010-1111-431.36-90 62,500.00 62,500.00 65961 12/3/03 Ramsey street ford 030106 4 police units 010-9200-460.40-45 91,939.37 91,939.37 65962 12/5/03 Anytime inc., co. REQUEST 12/5/03 Hoffman x-mas snow 2003 010-2510-425.40-09 1,066.73 1,066.73 65963 12/5/03 Emilio's mexican restaurant REQUEST 12/5/03 Cristmans breakfast 010-1200-412.37-05 930.75 930.75 65964 12/5/03 Riverside, county of REQUEST 12/5/03 Environmental filings 052-9000-450.40-01 64.00 64,00 65965 12/8/03 Ayres, jim REQUEST 12/8/03 Reimbursement 010-1100-411.31-20 22.50 22.50 65966 12/8/03 Novusolitions 20763 Hosting lines 010-1110-411.40-01 10,400.00 10,400,00 65970 12/8/03 Aflac REQUEST 12/8/03 Aflac ins prem nov 2003 085-0000-202.21-27 2,184.57 2;184.57 65971 12/8/03 At & t STMT 11/25/03 STMT 11/25/03 STMT 11/25/03 STMT 11/25/03 STMT 11/25/03 STMT 11/25/03 STMT 11/25/03 STMT 11/25/03 Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone 010-2500-425.35-16 010-3100-431.35-16 010-7400-425.35-16 021-4150-410.35-16 050-9000-450.35-16 010-2500-425.35-16 025-7252-410.35-16 010-6100-425.35-16 1,209.95 1,215.68 11.81 82.50 82.51 346.95 15.25 2.52 . 2,967.17 65972 12/8/03 Calpers REQUEST 12/8/03 Ret contb nov 26,03 type4 085-0000-202.21-28 24,442.18 24,442.18 65973 12/8/03 Eye care of america REQUEST 12/8/03 REQUEST 12/8/03 REQUEST 12/8/03 Vision ins prem dec 2003 Vision ins prem dec 2003 Vision ins prem dec 2003 085-0000-202.21-35 085-0000-202.21-36 065-0000-201,08-64 708.76 77.97 28.77 815,50 65974 12/8/03 Hartford life insurance companies REQUEST 12/8/03 Deff comp cunt grp#109947 085-0000-202.21-29 4,087.16 4,087.16 65975 12/8/03 lcma retirement trust REQUEST 12/8/03 Def comp contib 11/26/03 085-0000-202.21-29 625.00 625.00 65976 12/8/03 Lincoln life REQUEST 12/8/03 Def comp contib 11/26/03 085-0000-202.21-29 335.00 335.00 65977 12/8/03 Pacificare of california REQUEST 12/8/03 REQUEST 12/8/03 REQUEST 12/8/03 Health ins prem dec 2003 Health ins prem dec 2003 Health ins prem dec 2003 085-0000-202.21-39 085-0000-202.21-40 065-0000-201.08-64 _ 28,767.07 3,923.85 1,114.19 33,805.11 65978 12/8/03 Pre -paid legal services, inc. REQUEST 12/8/03 November 2003 085-0000-202.21-87 269.28 269.28 Page 1 City of San Jacinto rant Register Date:12/18/03 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 65979 12/8/03 Preferred benefit insurance admin. REQUEST 12/8/03 REQUEST 12/8/03 Premium for dec 2003 Premium for dec 2003 085-0000-202.21-32 065-0000-201.08-64 3,808.04 26.66 3,834.70 65980 12/8/03 S.j. police association REQUEST 12/8/03 Payment seiu assoc 11/03 085-0000-202.21-42 1,460.00 1,460.00 65981 12/8/03 Service employees international REQUEST 12/8/03 Payment seiu Assoc 11/03 085-0000-202.21-43 585.90 585.90 65982 12/8/03 So. california edison co. REQUEST 12/8/03 Utilities 050-9000-450.35-40 - 28,211.87 28,211.87 65983 12/8/03 So. california gas co. REQUEST 12/8/03 REQUEST 12/8/03 REQUEST 12/8/03 REQUEST 12/8/03 REQUEST 12/8/03 REQUEST 12/8/03 Utilities Utilities Utilities Utilities Utilities Utilities 010-2500-425.35-12 010-3100-431.35-12 010-6100-425.35-12 010-7400-425.35-12 021-4150-410.35-12 021-4150-410.35-12 30.10 33.81 23.70 135.92 17.65 10.02 251.20 65984 12/8/03 Standard insurance, the REQUEST 12/8/03 Life,ad&d,std,ltd ins 085-0000-202.21-46 5,533.26 5,533.26 65985 12/8/03 Toyota financial services REQUEST 12/8/03 Lease 01712 67120 063-1700-410,40-45 516.12 516.12 65986 12/8/03 Toyota financial services REQUEST 12/8/03 Lease 01712 67154 063-1700-410.40-45 516.12 516.12 65987 12/8/03 United way of hemet REQUEST 12/8/03 Contributions nov 2003 085-0000-202.21-80 130 38 130 38 65988 12/8/03 Verizon california REQUEST 12/8/03 Telephone 010-2500-425.35-60 2,969,98 2,969.98 65989 12/10/03 Stokes, bill REQUEST 12/6/03 Subsistence "homicide inv 010-3100.431.31-25 620.00 620.00 65990 12/10/03 Penn, jeffery REQUEST 12/6/03 Subsistence "homicide inv 010-3100-431.31-25 620.00 620.00 65991 12/10/03 Los angeles police department REQUEST 12/6/03 Tuition "homicide invest" 010-3100-431.31-25 500.00 500.00 65994 12/18/03 A-1 lock & key service 29656 Supplies 010-3100-431.21-90 846.29 846.29 65995 12/18/03 Acuna, luis REQUEST 12/2/03 Reimb dep acct# 50030020 050-0000-229.08-70 92.85 92.85 65996 12/18/03 Alert barricade, inc. 202-589 Supplies 010.7100-410.21-80 112.24 112.24 65997 12/18/03 American citi corp. 1007 1007 1007 1007 September 2003 September 2003 September 2003 September 2003 010-1400-414.33-50 010-3300-431.33-50 010-3100-431.33-50 010-1200-412:33.50 3.95 4.95 52.40 3.95 65.25 65998 12/18/03 American forensic nurses 16929 Analysis 010-3100-431.34-05 160.00 160.00 65999 12/18/03 Andre landscaping service, inc. 18494 November 2003 maint 301-8833-500.34-05 1,100,00 1,100.00 Page 2 City of San Jacinto Warrant Register Date:12/18/03 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66000 12/18/03 Arch wireless M6226464K M6226464K M6226464K Telephone Telephone Telephone 010-3100-431.35-16 021-4150-410.35-16 050-9000-450.35-16 64.71 21.53 34.64 120.88 66001 12/18/03 Arrow printing 3518 3526 3513 3516 Office supplies Office supplies Office supplies Office supplies 010-2500-425.21-10 010-3100-431.21-90 010-3100-431.21-10 010-3100-431.21-10 80.81 1,713.23 151.93 137.38 2,083.35 66002 12/18/03 Aspen publishers 95974792 Supplies 010-1400-414.31-20 173.58 173,58 66003 12/18/03 Baeza, hector REQUEST 12/1/03 Tuition ucr extension 050-9000-450.30-90 417.00 417:00 66004 12/18/03 Bio, elizabeth REQUEST 12/2/03 Reimb dep acct# '10028019 050-0000-229.08-70 101.62 101.62 66005 12/18/03 Blue ribbon plumbing 92695 Ac units 201 e main stre 010-2500-425.40-45 4;369.00 4;369.00 66006 12/18/03 Brecht bmw C34993 Auto repair 010-3100-431.33-50 982.25 982.25 66007 12/18/03 Castellano's towing & recovery 45265 Towing fees 010-3100-431.34-11 45.00 45.00 66008 12/18/03 Ced consolidated electrical 2983-424073 2983-424041 Supplies Supplies 025-7260-410.21-30 025-7260-410.21-30 22.17 515.05 537.22 66009 12/18/03 Comserco 01/MA50211217 01/MA50211218 Maint billing Maint 12/1 to 12/31/03 050-9000-450.34-05 010-3100-431.34-05 86.10 542.75 628.85 66010 12/18/03 Cottonwood growers 2600 2599 1553 Supplies Supplies Supplies 010-7100-410.33-30 010-7100-410.33-30 010-7100-410.33-30 80.81 404.06 42.02 526.89 66011 12/18/03 David taussig & associates, inc. 3100083 3100082 Professional services Professional services 033-8850-450.30-90 033-8850-450:30-90 3,900.00 3,428.73 7,328.73 66012 12/18/03 Dekra-lite INV003206 Supplies 096-9700-470.40-01 2,524.70 2,524.70 66013 12/18/03 E.s. babcock & sons, inc. AK31038-0278 AK31570-0278 AK31748-0278 Analysis Analysis Analysis 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 60.00 60.00 60.00 180.00 66014 12/18/03 Eastern municipal water district 11/18/3 9451303 11/18/3 4625001 Utilities Utilities 025-7250-410.35-10 025-7250-410.35-10 1,683.63 1,859.23 4,327.17 Page 3 City of San Jacinto Warrant Register Date:12/18/03 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66014... 12/18/03... Eastern municipal water district... 11/18/3 9406702 11/18/3 1490420 11/18/31479860 11/18/3 9626704 11/18/3 9407002 11/18/3 9574602 Utilities Utilities Utilities Utilities Utilities Utilities 025-7250-410.35-10 025-7250-410.35-10 025-7100-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 6.73 13.50 7.41 428,91 10.40 317,36 4,327.17... 66015 12/18/03 Elbert, danya REQUEST 12/3/03 Reimb dep acct# 10009072 050-0000-229.08-70 12.65 12.65 66016 12/18/03 Excel steam 2089 November 010-3100-431.30-90 625.00 625,00 66017 12/18/03 Family sport & fitness 69 69 69 69 69 69 69 69 69 69 69 69 69 December 2003 December 2003 December 2003 December 2003 December 2003 December 2003 December 2003 December 2003 December 2003 December 2003 December 2003 December 2003 December 2003 010-1110-411.11-10 010-1200-412.11-10 010-1400-414.11-10 010-1700-417.11-10 010-3100-431.11-10 010-3300-431.11-10 010-7400-425.11-10 021-4150-410,11-10 025-7250-410.11-10 050-9000-450.11-10 085-0000-202.21-76 096-1700-417.11-10 099-1700-417.11-10 20.00 20.00 60.00 20.00 440.00 30.00 10.00 70.00 10.00 90.00 40.00 20.00 10.00 840.00 66018 12/18/03 Ferguson,praet & sherman 11/12/03 Attorney fees 020-2200-419.30-90 554.50 554.50 66019 12/18/03 Fox & sohagi, Ilp 5326 Professional services 010-1111-411.30-90 372.75 372.75 66020 12/18/03 Gary, paul REQUEST 12/3/03 Reimb dep acct# 40022018 050-0000-229.08-70 54.15 54.15 66021 12/18/03 Gfb-friedrich & assoc., inc. 0311-23 0311-25 0311-24 0308-20 Professional fees Professional fees Professional fees Professional services 026-7510-410.30-92 026-7513-410.30-92 026-7505-410.30-92 301-8839-500:30-92 256.36 3,143.62 1,560.00 600.00 ' 5,559.98 66022 12/18/03 Golden bell products 11245 Supplies 055-4170.450.33-30 277.46 277.46 Page 4 City of San Jacinto Warrant Register Date:12/18/03 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66023 12/18/03 Governing 951854017 2003 Subscription 010-1400-414.31-20 16.00 16.00 66024 12/18/03 Govjobs.com 12-1795 Advertisment 010-1210-412.36-25 125.00 125.00 66025 12/18/03 Griffin mgt. group REQUEST 12/2/03 Reimb dep acct# 60004080 050-0000-229.08-70 167,53 167.53 66026 12/18/03 Guzman, valerie REQUEST 12/2/03 Reimb dep acct# 60009058 050-0000-229.08-70 1.33 1.33 66027 12/18/03 Hemet valley pipe & supply 79987 Supplies 050-9000.450.33-30 36.53 36.53 66028 12/18/03 Hemet valley tool & supply 66073 Supplies 055-4170-450.21-80 43.05 43.05 66029 12/18/03 Home depot credit services 101971 Supplies 010-4150-410.33-30 15.30 15.30 66030 12/18/03 Horizon water 11/25/03 CITY 11/25/03 POLICE Office supplies Services 11/24 to 12/5/03 010-2500-425.21-10 010-3100-431.35-10 34.60 51.80 86.40 66031 12/18/03 Hte user's group, inc. SAJA04 Membership 2004 010-1400-414.30-16 150.00 150.00 66032 12/18/03 Inland foundation eng. inc, 7613 7612 Engineering services Engineering services 054.9000-450.40-01 022-4150-410.40-01 546.25 707.50 1;253.75 66033 12/18/03 Inland water works supply co. 132194 132428 Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 65.69 113.14 - 178.83 66034 12/18/03 J & j automotive 18355 18369 18348 18370 Auto repair Auto repair Auto repair Auto repair 055-4170-450.33-50 050.9000-450.33-50 050-9000-450.33-50 010-4150-410.33-50 40.95 30.95 30.95 50.95 153;80 66035 12/18/03 Joe's sheet metal REQUEST 11/19/3 Services rendered 010-3200-431.33-30 70.04 70.04 66036 12/18/03 Johnson machinery PC000555275 Supplies 010.4150-410.33-50 47.24 47.24 66037 12/18/03 Jon's flag shop F31002 F31002 Repair Supplies 010-7100-410.33.30 010-3100-431.21-90 175.00 81.45 256.45 66038 12/18/03 Kemper, elizabeth REQUEST 12/2/03 Reimb dep acct# 10003020 050-0000-229.08-70 3.78 3;78 66039 12/18/03 Kinderprint company 33504E 33504A Supplies Supplies 010-3100-431.21-19 010-3100-431.21-19 35.56 248,67 284.23 66040 12/18/03 La chemcial 262908 264322 Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 2,043.65 1,017.65 3,061.30 66041 12/18/03 Lancaster inspection services 03-23 Services 11/24 to 12/5/03 010-3300-431.10-04 2,242.00 2,242.00 Page 5 City of San Jacinto arrant Register Date:12/18/0 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66042 12/18/03 Lavin, robert a. 12-03 November 2003 050-9000-450.10-04 4,620.00 4,620.00 66043 12/18/03 Long beach uniform co. 566331 Uniform supplies 010-3100-431.21-35 64.54 64.54 66044 12/18/03 Mc call's meter sales & service 8796 Supplies 050-9000-450.33-0 246.45 246.45 66045 12/18/03 Mickey ibarra & associates, inc, 169 December 2003 010-2500-425.30-90 2,500.00 2,500.00 66046 12/18/03 Mission uniform services, inc. 17972683 17972681 17972682 17972684 17970606 17972689 17973720 17973717 17973718 Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies 010-7100-410.21-35 050-9000-450.21-35 010-4200-410.21-10 010-4150-410.21-35 010-7400-425.33-10 010-7400-425.33-10 010-4150-410.21-35 050-9000-450.21-35 010-4200-410.21-10 16;57 53.82 5.67 45.64 18.15 22.68 45.93 53.82 5,67 26795 66047 12/18/03 Morales, katya i REQUEST 12/2/03 Reimb dep acct# 40021039 050-0000-229.08-70 50.80 50.80 66048 12/18/03 Nextel communications STMT 11/19/03 Telephone 010-3100-431.5-17 960.04 960.04 66049 12/18/03 Nixon-egli equipment 10311032 Supplies 056-4150-410.21-70 643.34 643,34 66050 12/18/03 Oliver, robert alexander REQUEST 12/2/03 Reimb dep acct## 30002396 050-0000-229.08-70 123.54 123.54 66051 12/18/03 Paydar properties REQUEST 12/2/03 Reimb dep acct# 7081 050-0000-229.08-70 50.00 50,00 66052 12/18/03 Paydar properties REQUEST 12/2/03 Reimb dep acct# 7082 050-0000-229.08-70 50.00 50.00 66053 12/18/03 Perma 2003-04 Dep pre m 3rd qrt 2003-04 018-2250-419.37-05 55,000.75 55,000.75 66054 12/18/03 Pitney bowes inc. 333496 Meter rental 1/16/04 to 010-2500-425.21-10 247.61 247.61 66055 12/18/03 Press enterprise 2089055 2092488 2093821 2093821 Advertisment Advertisment Advertisment Advertisment 052-9000-450.40-01 010-1700-417.36-25 010-1700-417.36-25 010-1110-411.36-25 75.25 108,25 314.00 314,00 811.50 66056 12/18/03 Quality auto parts D639456 D638270 D638428 Supplies Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 6.87 2.04 20.99 29.90 Page 6 City of San Jacinto Warrant Register Date:12/18/03 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66057 12/18/03 Quast tree service 11182003 Services rendered 032-7150-410.40-01 255.00 255.00 66058 12/18/03 Quick & clean 8141 Dry cleaning fees 010-3100-431.30-90 56.60 56.60 66059 12/18/03 Ramona animal shelter, inc. 12/3/03 October 2003 010-3100-431.34-05 4,887.00 4,887.00 66060 12/18/03 Ramona tire 1029464 1108744 Auto repair Auto repair 055-4170-450.33-50 050-9000-450.33-30 17.22 10.75 27.97 66061 12/18/03 Reliable YWL83000 YWL83000 YVT96100 YMN59500 YWQ70000 Offices supplies Offices supplies Office supplies Office supplies Office supplies 010-1110-411.21-10 010-2500-425.21-10 010-1200-412,21-10 010-4200-410.21-10 010-4100-410.21-10 42.57 58.68 92.02 43.46 31.13 267.86 66062 12/18/03 Riverside county sheriffs SH0000001467 Booking fees 010-3100-431.30-19 2,539.20 2;539.20 66063 12/18/03 Riverside-san bernardino REQUEST 12/2/03 Reimb dep acct# 20003015 050-0000-229.08-70 85.21 85.21 66064 12/18/03 Rk engineering group, inc. 2003-543 2003-544 2003-545 Professional services Professional services Professional servcies 022-4150-410.40-01 022-4150-410.40-01 022-4150-410.40-01 733.50 4,248.50 1,082.50 6,064.50 66065 12/18/03 Rod's automotive performance 131119007 131118007 131114003 131113004 131118008 131119004 131120004 Auto repair Auto repair Auto repair Auto repair Auto repair Auto repair Auto repair 010-3100-431.33-50 010-3100-431.33-50 010-3100-431.33-50 010-3100-431.33-50 010-3100-431.33-50 010-3100-431.33-50 010-3100-431.33-50 380.55 500.51 235.37 174.21 519.24 350.47 448.04 2,608.39 66066 12/18/03 Rodriguez, ben and theresa REQUEST 12/2/03 Reimb dep acct# 50018091 050-0000-229.08-70 162.60 162.60 66067 12/18/03 Rogers,anderson,malody & scottIII 10/31/03 Professional services 010-1400-414.30-90 7,962.00 7,962.00 66068 12/18/03 Ron hancock 9292 Services rendered 022.4150-410.40-01 1,300.00 1,300.00 66069 12/18/03 San bernardino sheriffs dept. 4327 Servcies rendered 010-3100-431.34-05 175.00 175.00 66070 12/18/03 San jacinto police dept, city of REQUEST 12/4/03 REQUEST 12/4/03 Reimburse petty cash Reimburse petty cash 010-3100-431.21-70 010-3100-431.21-60 35.29 16.80 87.74 Page 7 City of San Jacinto Warrant Register Oata12/18/03 Check Nunnbo, Check Date VondodName Invoice Number Description Account Number Transaction Amount Check Total 68070- 12/18/03- San jacintnpolice dopt.city of- REQUEGT13/4/O3 REDUEGT12/4/O3 RE{JUEGT12/4/O3 Reimburse petty cash Reimburse petty cash Reimburse petty cash 010-3100'431,21'10 010-3100'431.33-50 010-3100-43131-30 916 6.48 20.00 87.74- 86071 12/18/03 Sharps ace hardware 839058 639267 Supplies Supplies 055-4170'460,21-35 010'4150'410.33-30 16.85 93.87 110.52 66072 12M8/03 8hopend.chho REUUE8T12/2/O3 Relmbdepanot#3OO170D8 050-0000'228.00-70 118.64 110.84 66073 12/10/03 Shred it 5064883 Services rendered 010-2500-425.31'10 75.00 75.00 66074 12/18/03 Southern, ken REQUEGT12/4/O3 Reim buroement/oupp|ion 010-3100'431.21-90 27.50 27.60 86075 12/18/03 8pU|man.ke|oe REC>UE8T12/2/O3 Rnlnnbdopacot#2OOO4O12 050'0000'229.08'70 120.80 120.60 66076 12/18/03 Starner, odword|. 11012003 Interim supervisor 060'9000'45010'04 2.840.00 2.940,00 66077 12/18/03 State ofoaUforn)adeptofjustice 449885 453058 453213 Analysis Analysis Analysis 010-3100-43134'05 010-3100'431.34'05 010'3100-431.34'05 35.00 35.00 175.00 245.00 ` 66078 12/18/03 Gteto,bnuo 131113003 Supplies O1O-11OO-411.31-1O 54.34 ` 54.34 86078 13/18/03 Gtnattonajanitorial service 238720 Cleaning fees nov2DO3 010'2500-425,34'05 475.00 475.00 66080 12/18/03 Strawberry bicycle shop 18328 Repair 010-3100-431.33-50 29.85 28.95 66081 12/18/03 Taoexterminators ofhnnL 7860 Services rendered 010-7400-425.34'05 60.00 60.00 66082 12/18/03 Th'(akeconsultants, inc. 1730 1728-1 1728 1726 1729 1727 1725 1724 1738 Pnoh*osiona|oervniea Proh»ssiona|somoies ProNamsiona|oomniee Pn»h*ssiona|oemcies Profossiona|semckan Profomsinna|oemcieo Profesoiona|oemcins Profomsiona|oomuiam Professione|semnien 065'0000-301.06-47 085-0000'201.06-47 085-0000-201.06-47 065-0000-201.08-47 085'0000-201.08'47 065-0000-201,06-47 065-0000-201.06-47 065'0000'201.08-47 065-0000'201.06-47 4.724.10 10.012.28 3.660.14 1.540.46 2.804.05 750.00 2.513.38 8.680.31 1.351.54 41.944.23 66003 12/18/03 U.n.poctrnuster REOUE8T11/2O/3 REQUEGT11/2G/3 Postage Postage 010'3300-431.21'10 010'2600-425,21-10 4.57 286.86 ` 1,478.73 City of San Jacinto Warrant Register Date:12/18/03 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66083... 12/18/03,.. U.s. postmaster.,. REQUEST 11/26/3 Postage 096-1700-417.21-10 903.05 1,478.73... REQUEST 11/26/3 Postage 010-1700-417.21-10 119.38 REQUEST 11/26/3 Postage 010-3100-431.21-10 86.78 REQUEST 11/26/3 Postage 010-4100-410.21-10 3.93 REQUEST 11/26/3 Postage 096-1700-417.21.10 18.73 REQUEST 11/26/3 Postage 050-9000-450.21-10 55.43 66084 12/18/03 Valley diesel 3892 Auto repair 010-4150-410.33-50 478.38 478.38 66085 12/18/03 Vulcan materials company 178308 Supplies 010-4150-410.33-30 132.63 481:32 179668 Supplies 010-4150-410.33-30 179.81 175571 Supplies 010-4150-410.33-30 168.88 66086 12/18/03 Western pacific housing REQUEST 12/3/03 Refund developer annex 033-0000-201.20-95 40,000.00 40,000.00 66087 12/18/03 Wheatley, William jr., law offices 1539 Attorney fees 020-2200-419:30-90 263.61 263.61 66088 12/18/03 Withell, lydia REQUEST 12/2/03 Reimb dep acct# 30020060 050-0000-229.08-70 9:00 9,00 66089 12/18/03 Xerox corporation 99185549 Lease on copier 010-2500.425.34-05 1,366,21 2,999.68 99185576 Lease on copier 010-2500-425.34-05 737.96 99185572 Lease on copier 010-7400-425.34-05 174,56 99185553 Lease on copier 010-4200-410.34-05 174,56 99185557 Lease on copier 010-3100-431:34-05 180.91 99185563 Lease on copier 010-3100-431.34-05 365.48 66090 12/18/03 Zee medical 140586632 Supplies 010-3100-431.21-90 111.90 111 90 Total Checks 511 584.66 Page 9