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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 4/7/2005 (3)AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL APRIL 7, 2005, 7`:00 p.m. San Jacinto Unified School District Board Room 2045 South San JacintoAvenue,; San Jacinto, California ORGANIZATION 1.1 Call to Order ` J ,. 1.2 Roll Call: 1.J Invocation 1:4 Pledge of Allegiance 1 5 Special Presentations 1.5:1. Presentation of Unites. States of America. Flag / Jason Hayes / California National Guard Recognition of Ed: Starner;; Interim Public Works Superintenden PUBLIC COMMENTS: Now is the time for the public to address the Council on any subJectwithin'the jurisdiction of the City Council not listedon the agenda: A. limitation of three (3) minutes shall be set for each person desiring to address the City Council, 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. If an item is pulled, it Will be heard at the end ;of ". number 5. City Departments Anyone: wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name and address, and the consent calendar item number: Speakers should limit comments to three (3) minutes. City Council Agenda April 7, 2005'. Paoe 2 of 8 Warrants at04/07/05/Approve '/ Finance Director Ordinance No. 05-07 / Approve second reading. and Adopt amendment to the Redevelopment Plan forthe original area of the San Jacinto Redevelopment Project concerning time limitation for issuing debt pursuant to SB 211 / and by further motion read by title only: An Ordinance of the City of San Jacinto Eliminating the Debt Incurrence Deadline for the Original Area of the Redevelopment Plan for the San Jacinto Redevelopment Project /City Attorney and Finance Director Ordinance 05-08/ amends Chapter 8.32 of the San Jacinto Municipal Code / Approve second reading and Adopt Ordinance No. 05-08 and by further motion read by title only: An Ordinance of the City of San Jacinto Amending Chapter 8.32 to the San Jacinto Municipal Code to Update the City's solid Waste Ordinance to Reflect current Regulatory. Requirement and Best. Practices / City Attorney and Special Legal Counsel Ordinance 05-09 / A construction and demolition materials diversion ordinance / Approve second reading Adopt Ordinance 05-09 and by further motion read by title only An Ordinance of the City of San Jacinto Adding Chapter 8.34 to the San Jacinto Municipal Code Establishing a Requirement to submit a Waste Management Plan and Comply with Other Requirement for Certain Construction and Demolition Project within the City of San Jacinto: /City Attorney and Special Legal Counsel Final Tract Map 30640 -GMAC Model Home Finance Inc / Approve and Authorize. Mayorto execute Final Map; Authorize City Manager to execute the subdivision, agreement and Authorize City Clerk to release final map for recordation upon satisfactory resolution with the Garrett Group regarding undergrounding in lieu fees for Washington Avenue and successful annexation into LLPD;No. 2 / City Engineer Final Tract Map 30661 - GMAC Model Home Finance Inc /Approve and Authorize Mayor to execute Final Map; Authorize City Manager to execute the subdivision agreement and Authorize City Clerk to release final mapfor recordation upon satisfactory resolution with the Garrett Group regarding undergrounding in lieu fees for Washington Avenue and successful annexation into LLPD No. 2 / City Engineer City Council • Agenda April7, 2005 Paae3of8: 3.7 Final Tract Map 30660 - GMAC Model Home Finance Inc / Approve and Authorize Mayor to execute Final Map; Authorize City Manager to execute the subdivision agreement and. Authorize. City Clerk to release final map for recordation upon satisfactory resolution with the Garrett Group regarding undergrounding in lieu fees for Washington Avenue and successful annexation into LLPD No. 2 / City Engineer .8 Final Tract Map 30641 — GMAC Model Home Finance Inc / Approve and Authorize Mayor to execute Final Map, Authorize City Manager to execute the subdivision agreement and Authorize City Clerk to release final map for recordation / City Engineer Final. Tract Map 30090 - KB Home Coastal Inc / Approve and Authorize Mayor to execute Final Map / City Engineer 3.10 Appropriate $15,000 from General Fund Reserve to continue Development Impact Fee Study / Approve / City Manager 3:11 Second Annual Public Safety Expo, June 18, 2005 /Approve and Appropriate $3,000 from the General Fund / Chief of Police 3;12 Redistribute the FY 2005 Homeland Security Grant Program Funds to the Riverside County Sheriffs Department / Approve / Chief of Police 13 Remote Sewer Televising Equipment /-Approve specifications, quote from Advanced Infrastructure Technologies and :Appropriate $54,745,00fro:Sewer Reserve. Fund. and -authorize purchase of same / Interim Public Works Superintendent .14 Request for Funding for. a` Historic; Structures Report for the Francisco Estudillo Heritage Park and Mansion Restoration Project / Approve / Redevelopment Operations Manager Special District Administrator / Approve Job Description and Salary Range / Finance Director Accountant / Approve revised Job Description / Finance Director Ordinance No: 05-10 / Approve introduction and first reading of an Ordinance extending the plan effectiveness deadline and tax increment receipt deadline by one year and: by further motion read by title only: An Ordinance of the City of San Jacinto Extending the Plan Effectiveness Deadline and the Tax Increment Receipt Deadline for the Original Area of the Redevelopment Planfor the San Jacinto Redevelopment Project by one Year . / City Attorney City Council Agenda April 7, 2005 Page 4 of 8 3.18 Ordinance No. 05-06 / Approve introduction and first reading of an Ordinance authorizing the levy of special taxes within the City CFD No: 2003-2 and by further motion read bytitle: only: An Ordinance of the City Council of the City of San Jacinto Authorizing the Levy of. Special Taxes within the City of San Jacinto Community Facilities District No.'2003-2 (CFD 2003-2) / City Attorney Ordinance No. 05-12 / Approve introduction and first reading of an Ordinance amending Ordinance No 04-10;authorizing the levy of special taxes within the City CFD No. 2003-1 and by further motion read by title only: An Ordinance of the City Council of the, City; of San Jacinto Authorizing the Levy of Special Taxes within the City. of San Jacinto Community Facilities District No: 2003-1 (CFD 2003-1) / City Attorney PUBLIC HEARING Landscaping, Lighting, and Park District No 2 (LLPD No. 2) Annexation No. 34 - Lennar Homes T30659 / City Attorney` a) Resolution No. _/ A. Resolution initiating proceedings for the Annexation: of property into LLPD No 2 - Annexation No. 34 /.Approve and Adopt b) Resolution No:: / A Resolution approving the Engineer's Report for Annexation No 34 into LLPD No. 2 / Approve and Adopt c} Resolution No.. TA Resolution declaring intentionto annex property' into'LLPD No.2 — Annexation; No. 34 / Approve:and Adopt Public Hearing / At theconclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No 2 known as Annexation No: 34 / Approve and Adopt Resolution No. = / A Resolution ordering annexation of territory into LLPD No: 2 and levying assessment - Annexation No. 34 - Lennar Homes T30659 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 35 - Lennar Homes T30640 / City Attorney a}. Resolution No. / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 - Annexation No. 35 / Approve ity Council Agenda April 7, 2005 Page 5of and Adopt b) Resolution No. / A Resolution approving the Engineer's Report for Annexation No. 35 into LLPD No. 2 / Approve and Adopt c) Resolution No. /A Resolution declaring intention to annex propert into LLPD No: 2 Annexation No. 35 / Approve and Adopt tl) Public. Hearing / At the conclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No 2 known as Annexation No: 35 /Approve and Adopt Resolution No. / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 35 - T30640 Landscaping, Lighting, and Park District No. 2:(LLPD No: 2) Annexation` No: 36 Lennar Homes — T30660 / City Attorney Resolution No:' .' / A Resolution initiating proceedings for. the Annexation of property into LLPD No 2 -Annexation No. 36 / Approve and Adopt b,) Resolution No. /A Resolution approving the Engineer's Report for Annexation Not 36 into LLPD No. 2 / Approve and Adopt c) Resolution No. / A Resolution declaring intention to annex property into LLPD No: 2 - Annexation No. 36 / Approve and Adopt Public Hearing/ At the conclusion of the public hearing if the City; determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property; into LLPD No 2 known as Annexation No: 36 / Approve and Adopt Resolution No: / A Resolution ordering annexation of territory into LLPD No. 2 and levying;assessment - Annexation No. 36— T30660 Landscaping, Lighting, and Park District. No.2 (LLPD No. 2) Annexation No: 37:Lennar Homes T30661 / City Attorney a) Resolution No. :/ A Resolution initiating proceedings for the Annexation of property into LLPD No 2 - Annexation No. 37 / Approve and Adopt b) Resolution No.:_ / A:Resolution approving the Engineer's; Report for Annexation No. 37 into LLPD No. 2 / Approve and Adopt Resolution No. : / A Resolution declaring intention to annex prope into LLPD No: 2-Annexation: No. 37/Approve and Adopt City Council Agenda April 7, 2005 Page 6of8 .. d) Public Hearing / At the conclusion of the public, hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No 2 known as Annexation No 37 / Approve and Adopt Resolution No: / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 37 — T30661 4.5 Landscaping, Lighting, and Park. District; No. 2 (LLPD No 2) Annexation No 38 Continental Residential Inc T31097 / City Attorney a)° Resolution No. _ / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 38 / Approve and Adopt b) Resolution No. _/_A Resolution approving the Engineer's. Report' for Annexation No. 38 into LLPD No. 2 / Approve and Adopt. Resolution No. / A Resolution declaring intention to annex property 'into LLPD Noi°2 - Annexation 38 / Approve and Adopt d) Public Hearing/ At the conclusion of the public hearing. if the City determines that a majority protest does not exist, by motion approve. the certification of the election` results for adding certain property into LLPD No 2,known as Annexation No: 38 /:Approve and Adopt Resolution No.',_ /:A"Resolution ordering.. annexation of territory into LLPD No.'2 and levying assessment Annexation No. 38 T31 097 4.6 At the conclusion of the Public Hearing, declaring the results' of the assessment:bailottabulation, confirm assessment and ordering road, street and highwaymaintenance for certain property, commonly known as Western Pacific T3215'5,into Assessment District. No.2003-1 Annexation No. 141 Resolution'No. _ l A resolution" declaring the results of the assessment ballot tabulation for the annexation of 'Certain property into Assessment District No 2003-1 (AD2003-1) pursuant to the Benefit Assessment Act'of:1982,.ordering maintenance -work therein and .confirming the diagram and assessment - Annexation No, 14 [Approve and:Adopt / Special Tax Consultant and City Attorney' CITY DEPARTMENTS �5 1 2005 Downtown San Jacinto Pavement Rehabilitation- Project Numbers 05-107, 05=108-and 05-120 / Approve and award Public Works Contract to Matich Corporation in the sum of $998,998.00:plus 15% contingency for 2005 Downtown San Jacinto Pavement Rehabilitation, Appropriate additional $133,848.00 from development agreement funds to offset completion of the work; Authorize staff to add Ramona Boulevard City Council Agenda::. April 7; 2005:. Pagel:of8'::. Pavement: Rehabilitation between: State Sttreet"and Potter Road •to:the 2005 Downtown San Jacinto Pavement Rehabilitation, Authorize Mayor to execute said public works contract, and Direct City Clerk to reject all other bids Notice of Completion - De Anza Lift Station, Gravity Sewer, Force Main -. and; Water Main / Approve and Authorize City Manager to release escrow retention funds (2/28/05 $113,763.25) to Union Bank of California 30 days after recordation of the Notice of Completion / City Engineer Purchase of electrical control panel for Bath Booster Station / Approve specifications and Appropriate $150,000.00 from Undesignated, Unreserved. Water. Fund Equity and Authorize City Manager to purchase upon receipt of two bids / Interim Public Works Superintendent 5:4 Notice of Completion Rancho San Jacinto Play Area Improvements/ Approve and Authorize the release of retention in the amount of $29,483,69 30 days after recordation of said Notice of Completion / Interim. Public Works Superintendent 5.5 Proposal by the Estudillo Restoration Association to organize and execute a holiday celebration event at the Estudillo Mansion and grounds on December 10, 2005. 5 6 City staffs space needs / Review information and direct staff/: Approve / Space Needs Committee Ordinance No. 05-11/ Approve introduction and first reading of an Ordinance amending the Redevelopment Plan for the original area of the San Jacinto Redevelopment Project extending the Plan Effectiveness Deadline and the Tax :Increment Receipt Deadline by up to two years and by further motion read bytitle only: An Ordinance of the City of San Jacinto Extending the Plan Effectiveness Deadline and the Tax Increment Receipt Deadline for the Original Area of the Redevelopment Plan for the San Jacinto Redevelopment Project by up to Two Years / City Attorney: Purchase and SaleAgreement-for vacant land(APN 437-046-001 — lots 1;,2, & 3); Felipe. Lopez and Micaela Lopez, Sellers / Approve an Appropriate $210,000 from ity Manager and:pits, Attomeyb' `fir. City Council Agenda April 7; 2005 Page'8 of 8 MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Letter of support to retain CDF's air attack for fire suppression at Hemet Ryan Airport / Approve / Vice Mayor Stubblefield & Council Member Ayres CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford & Peter Cosentini Employee Organization: Management Association CONFERENCE WITH LABOR NEGOTIATORS Agency designated. representatives: Roger Crawford & Peter Cosentini. Employee Organization: Service Employees International Union CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision(b) of Section: 54956.9: One (1) or more cases 8 ADJOURNMENT;: •If you cha/lerige any action `ofthe,City Council in court, you may be limited to raising only those issues • you or someone else raised. atthe;public`hearing' describedtn this notice, or:inwritten correspondence delivered to the ;City Council;(c o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND; USE.DECJS/ONS: Any: person seeking to •challenge a. decision regarding land • use rrmade' by. the City :Council as'a result.ofa proceeding in which bylaw a' hearing is required• to:be given, evidence/Srequired.tobe"taken, and the d:scretion in the determination of facts is vested in the•: City Council; hall'be required to commence that action; 90 days following: the date on which the' decision :ofthe 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: i_is the intention of the City of San Jacinto to complyDisabilities the Act (ADA) in all respects: If, as an`atfendee 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 (931) 487-7330,, at least 48'hours prior to the meeting to.in form. us of your particular needs and to determine if accommodation is feasible:. Z; ,rporothy L. Chouinard, City lerknf tfi"e [ ity ofSan Jacz'nto, rfo (iere6y;cert that I:causeito be posteift foregoing agencfa'this 4t of day' pra ' 2005 as required AGENDA REGULAR MEETING of the REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO APRIL 7;;2005 Immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue,San Jacinto, California ORGANIZATION 1.1 Call to Order Roll Call PUBLIC COMMENTS None PUBLIC HEARING: ' Now is the time for the public to address the:Agency on any subject not listed on the agenda: Any person may address the Agency on any subject pertainingto Redevelopment Agencybusiness not listed ok the Agenda during this: portion. of the Meeting. ,A liniitation of three .(3) minutes shall be set for each person desiring to address the Agency Directors. .CONSENT CALENDAR' The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item' be removed and/or discussed Any agenda item pulled will be heard at the end of 5. City Departments. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; statetheir name, address and the consent calendar item number. Speakers should limit; comments to three (3) minutes: 4.1 March 17, 2005 Minutes /; Approve ? City Clerk 4.2 Tony's Seafood Landing Settlement / Approve and; Appropriate $60,000 from Undesignated, Unreserved San Jacinto RDA Capital Project Fund and Reserve Balance to fund settlement / Finance Director Redevelopment Agency Agenda April 7, 2005 Page 2"of 3 . . Exclusive Right to Negotiate between the RDA and MPJR, Inc / Approve the revised Excusive Right to Negotiate Agreement between the Redevelopment Agency of the City of San Jacinto and MPJR, In., and Authorize the RDA Executive Director to sign the agreement / Redevelopment Operations Manager CITY DEPARTMENTS 5.1 Professional Services. Agreement with Rosenow Spevacek Group (RSG) for RDA Bond, Refinancing. Fiscal Analysis [Approve Professional Services Contract with RSG to perform the fiscal analysis for the proposed refinancing of the 1993 RDA Tax Allocation Bonds and Appropriate $25,000 from the San Jacinto RDA Capital Project Fund Unreserved, Undesignated Fund Balance Reserve and Authorize Agency's Executive Director to execute contract / Finance Director Enhanced Senior Home Repair Grant Program / Approve and: Authorize a transfer of $17,000 from the Unallocated Redevelopment Agency Low and Moderate Income Housing Fund to cover startup costs and provide funds for initial grants and Authorize staff to work with the United Way to develop an Enhanced Senior Home Repair Program for low-income seniors / Redevelopment Operations Manager CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None OPEN SESSION ANNOUNCEMENTS CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Park Manor Property (southeast comer of First Street and Estudillo Avenue and southwest corner. of First Street and Pico Avenue. (APNs 437-023-001, 437-023-002 and 437-023-005) Agency. Negotiator Peter Cosentini, Executive Director Negotiating. Parties: San Jacinto Assembly of God Church Under negotiation Price and terms of payment ADJOURNMENT It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Actt(ADA) in all respects. If as an attendee or a participant at this meeting, or in meetings on a regular basis, youneedassistance beyond what is: normally provided, the City will attempt to accommodate you in every reasonable manner. Please Redevelopment Agency Agenda April 7, 2005 Page 3 of 3 contact Ci{y Hall at (909) 487-7330, at least 48 hours prior to the meeting to.inform us ofyourparticular needs and to determine if accommodation is feasible,: Ifyou challenge any action of the City Council in court, you may be limited to raising only those issues youor someone else raised at the public hearing described in this notice; or in written correspondence delivered to the City Council (do the City Clerk) at, or prior to, the public hearing. I, Dorothy L. Chouinard, Secretary of the San Jacinto 1zedeve4mentAgency, do hereby cent that 1 caused to beposted the foregoing agenda the PI day of f pril; 2005, as required dy Caw. -ja AGENDA ITEM 43 April 07, 2005 TO: Redevelopment Agency Board of Directors FROM: Steven G. Pasarow, Redevelopment Operations Manager Sic' SUBJECT: Exclusive Right to Negotiate between the Redevelopment Agency of the City of San Jacinto and MPJR, Inc. RECOMMENDATION: Staff recommends that the Redevelopment Agency Board of Directors approve the Revised Exclusive Right to Negotiate Agreement between the Redevelopment Agency of the City of San Jacinto and MPJR, Inc., and authorize the Executive Director to sign the agreement. BACKGROUND: On August 5, 2003, the Agency Board approved the proposed Exclusive Right to Negotiate (ERN) for the purchase of Agency property at the northeast corner of San Jacinto and Commonwealth Avenues. The ERN provides for negotiation only with Mr. Mackey and Mr. Meyer, during the term of the agreement. The terms of the ERN include: 1. The term will be six (6) months with a non-refundable fee $10,000, conditioned upon delivery of clean/insurable and marketable title. 2. Two extensions may be granted for a period of three (3) months each. A non-refundable fee of $7,000 for each three (3) month extension period will be required. 3. The total term, with extensions will be for a period of twelve (12) months. The fees charged will not be used to reduce the purchase price. 4. No fast food restaurants can be developed on any portion of the property. 5. The Developer shall work in good faith towards the goal of acquiring all of the adjacent properties. Approvals City Manager: / 7'1Y- Finance Director. 1 6. The Developer shall develop a detailed description of the project and project amenities for all adjacent properties. The purchase price of the Agency property will be determined by a new or updated appraisal commissioned by the Agency upon execution of the ERN. With the approval of the ERN by the Agency in August 2004, the Developer submitted his required payment of $10,000 and the staff promptly initiated a re- appraisal of the property. That appraisal indicated that as of October 01, 2004 the value of the parcel was $450,000. This new appraised value sets the purchase price of the parcel for the developer when he exercises his right to purchase under the terms of the ERN. In the fall of 2004, the Developer indicated that potential lessee's for this site were reluctant to commit to a project until the construction of the Wal-Mart became a certainty and the Developer requested that the Agency consider extending the effective date of the ERN until the date that Wal-Mart, commences construction of their store. On February 3, 2005, the Agency approved the Developers request to extend the effective date of the ERN to the earlier of the date that Wal-Mart commences construction or April 15, 2005. The new Super Wal-Mart is scheduled to begin construction by the middle of April and the developer is now in a position to plan for and negotiate leases for a new retail center on the Agency property. JUSTIFICATION: Entering into an extension of the ERN will allow the Agency to sell the Commonwealth property and facilitate a retail development. Proceeds from the sale will go to the Redevelopment Agency. Upon the development of the property, the Tax Increment will also go to the Redevelopment Agency and sales tax to the General Fund. Aside from any transfer fees, there will be no impact on City's Redevelopment or General Fund. BUDGETARY IMPACT: The Agency has already received $10,000 from the Developer and may receive up to an additional $14,000 with extensions (if elected) for holding the property during the negotiation period. ATTACHMENT: Revised Exclusive Right to Negotiate Agreement 2 EXCLUSIVE, RIGHT TO NEGOTIATE AGREEMENT oet ' en FI E REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO a public body, corporate and politic and SAN JACINTO INVESTORS GROUP, LLC a California limited liability company [DATED AS OF AUGUST 5, 2004 FOR REFERENCE PURPOSES ONLY] SVPUB,.JSE',550575.5 This EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT is dated as of August 5, 2004 for reference purposes only ("Agreement") and is entered into by and between: (i) the REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body corporate and politic ("Agency"), existing and acting pursuant to California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ("CRL"), and (ii) SAN JACINTO INVESTORS GROUP, LLC, a California limited liability company ("Developer") to coordinate mutual planning and consideration of the redevelopment of certain real property. Developer and Agency are sometimes referred to in this Agreement, individually as "Par y" and, collectively as "Parties" RECITALS This Agreement is entered into with reference to the following recitals of fact ("Recitals") that Agency and Developer believe to be true, as of the Effective Date (defined in Section 1) of this Agreement I-TEREAS, in accordance with CRL, the City Council of die City of San Jacinto ("City") approved and adopted a redevelopment plan ("Redevelopinent Plan") for the redevelopment project area known as the San Jacinto Project Area ("Project Area"), by City Ordinance Nnmber 754 on June 28, 1983; and WHEREAS, the Agency owns four (4) parcels of certain real property ("Property") generally located at the southwest comer of Commonwealth Avenue and Highway 79 within the Project Area (Assessor Parcel Numbers: 439-110-093, 439-110-025, 439-110-031 and 439-110-032) (collectively referred to "Agency Property"); and WHEREAS, the Agency Property is located adjacent and proximate to eight (8) parcels of real property generally located off of Commonwealth Avenue within the Project Area (Assessor Parcel Numbers: 439-110-24, 439-110-030, 439-110-026, 439-110-033, 439-110-027, 439-110-034, 439-110-035, 439-110-087) (collectively referred to as "Adjacent Property"); and WHEREAS, the Agency Property and the Adjacent Property are referred to in this Agreement as "Property"); and WHEREAS, the Property is depicted in the site map attached as Exhibit A to this Agreement and incorporated into this Agreement by reference; and WHEREAS, Developer is interested in acquiring the Property and, redeveloping the Property as a commercial project ("Project"); and WHEREAS, Agency and Developer desire, subject to the terms of this Agreement, to enter into aperiod of exclusive negotiation conceming: (i) the Agency's sale of the Agency Property to Developer, (ii) the Agency's potential assistance in acquiring the Adjacent Parcels, and (ii) the Developer's development of the Project on the Property in accordance with the Redevelopment Plan; and WHEREAS, Agency and Developer agree that the object of their negotiations is the negotiation and documentation of a disposition and development agreement between them that would govern the sale of the Agency Property to Developer, the acquisition of the Adjacent Parcels, and the development of the Project by the Developer ("DD A"). RV UB\JS3','050575.5 Now, therefore, in view of the goals and objectives of Agency relating to the implementation of the Redevelopment Plan and the covenants, and promises of Agency and Developer, as set forth in this Agreement, Agency and Developer agree as follows: ARTICLE 1 EFFECTIVE DATE; NEGOTIATION PERIOD; AGENCY; DEVELOPER 1.1 Effective Date. This Agreement is dated as of August 5, 2004 for reference purposes only. This Agreement will not become effective until the date ("Effective Date") on which all of the following are true: (i) execution of this Agreement by the authorized representatives of Developer, (ii) approval of this Agreement by the governing' board of the Agency, (iii) execution of this Agreement by the authorized representatives of Agency; and (iv) the earlier of either: (1) the issuance of the first building pernit nit for construction of the proposed Walmart building at the southeast corner of San Jacinto Street and Commonwealth Avenue; or (2) April 15, 2005. If all of the foregoing conditions precedent have not occurred by April 15, 2005 then this Agreement may not thereafter become effective and any prior signatures or approvals of the Parties will be deemed of no force or effect. 1.2 Negotiation Period: Extension Period: Extension Price. This Agreement shall continue in effect for a period of one hundred eighty (180) calendar days following the Effective Date ("Negotiation Period"). The Negotiation Period may be extended upon the mutual written consent of the Agency's Executive Director and Developer for up to two (2) additional ninety (90) calendar day periods (each referred to as an 'Extension Period"); prop ided however that prior to Agency providing its written consent to extend the Negotiation Period by any Extension Period, Developer shall delver to Agency the sum of Seven Thousand Dollars ($7,000) in a form of security acceptable to the Agency ("Extension Price"). The Extension Price for each Extension Perod shall be non-refundable to Developer and Agency shall be entitled to keep the Extension Price for each Extension Period upon receipt. In no event shall the Negotiation Period, including any Extension Period, exceed three hundred sixty (360) calendar days. 1.3 Agency. Agency's address for notices required or allowed under this Agreement is 201 East Main Street, San Jacinto, California, 92582; Attention: Peter Cosentini; telephone: (951) 487-7330; facsimile: (951) 654- 3728. All of the terms, covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the Agency and its nominees, successors and assigns. 1.4 Developer. Developer's address for notices required or allowed under this Agreement is 5225 Canyon Crest Drive, Suite 166, Riverside, California 92507; Attention: Joe Meyer; telephone: (951) 248-1100; facsimile: (951) 248-1210. All of the terms, covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the Agency and its nominees, successors and assigns. Wherever the teini "Developer" is used herein, such term shall include any permitted nominee, assignee or successor of Developer. ARTICLE II EXCLUSIVE RIGHT TO NEGOTLATE 2,1 Good Faith Negotiations. Agency and Developer agree, for the term of this Agreement, to negotiate in good faith the t nus and conditions of a DDA for the sale of the Agency Property to Developer, the acquisition of the Adjacent Property, and development of the Project on the Property by the Developer. During the term of this Agreement, Agency agrees to negotiate exclusively with the Developer, and not with any other person or entity, with regard the sale of the Agency Propeity, acquisition of the Adjacent Property or development of the Project on the Property_ RVPU3v358 0'05.5 2.1.1 The term "negotiate exclusively" as used in this paragraph shall preclude Agency fiom accepting acquisition proposals for the Agency Property from persons or entities other than Developer, or its representatives or lenders, or discussing with persons or entities other than Developer or its representatives or lenders, acquisition and development plans for the Agency Property and Project which might be acceptable to Agency. 2.1.2 Agency shall not be precluded by anything in this Agreement from furnishing to other persons or entities unrelated to Developer information related to the Redevelopment Plan for the Project Area. The Agency may also furnish any information concerning the Property and the Project which it is required by law to furnish or which it would otherwise normally furnish to persons requesting information from the Agency concerning its activities, goals and matters of a similar nature. 22 Negotiation of a DDA: Obligations During the Negotiating Period. During the term of this Agreement, the Parties shall cooperate and work in good faith towards the goal of negotiating a mutually acceptable DDA concerning the sale of the Agency Propel ty to Developer, the acquisition of the Adjacent Property and the development of the Project on the Property. The exact tciius and conditions of the DDA, if any; shall be determined during the course of these negotiations. 2.2.1 In consideration for Agency entering into this Agreement, Developer shall, on a best efforts and good faith basis, undertake its obligations under this Section 2.2.1. Developer shall during the term of this Agreement, at Developer's sole cost and expense, take all reasonable actions for determining the feasibility of the development of the Property and the Project, including but not limited to determining Developer's ability to acquire the Adjacent Property. Developer's performance of its obligarion to determine the feasibility of the development of the Project and the Property, as set forth in this Section 2.2.1, shall be measured by the following performance standards 2.2.1.1 Developer's efforts to contact and corn=micate with all of the owners of the Adjacent Property to determine their willingness to sell their respective portions of the Adjacent Property to Developer. Developer shall: (i) mail letters to, and (ii) personally contact (either through person -to -person meetings or telephone conferences initiated by either Dennis C. Mackey or Joe Meyer) all of the owners of the Adjacent Property. 2.2.1.2 Developer's efforts to complete a conceptual development plan for the Project that describes and depicts: (a) the location and placement of proposed buildings, (b) the size, features and amenities of proposed building; and (c) the proposed land use categories on a parcel -by -parcel. basis. 2.2.1.3 Developer's efforts to develop a proposed time schedule and cost estimates for the development of the Project. 2.2.1.4 Developer's efforts to develop a proposed financing plan identifying financing sources for all private and public improvements proposed for the Project. 2.2.1.5 Developer's efforts to timely present a summary of the information set forth in Sections 2.2.1.1 through 2.2.1.4 to the Agency for its review prior to the expiration of the Negotiation Period. 2.2.2 Agency and Developer agree that, if this Agreement expires or is terminated for any reason or a DDA is not executed by both Agency and Developer, for any reason, neither Agency nor Developer shall be under any further obligation to each other. 'iPiU3'. JS3\66C575.5 2.2.3 Nothing herein shall be deemed to be a representation by either Agency or Developer that a mutually acceptable DDA will be produced. Nothing herein shall be deemed to be a guarantee or representation that any proposed DDA which may be negotiated by Agency staff and Developer will be approved by the governing board of the Agency and/or the City Council of the City. Developer acknowledges that Agency's approval of the DDA is subject to the appropriate public hearings, notices, and factual findings required by the CRL, the California Environmental Quality Act ("CEQA") and other relevant legal provisions. 23 Good Faith Deposit. Simultaneous to Developer's delivery of an executed copy of this Agreement to Agency, Developer shall deliver to Agency a good faith deposit in the amount of Ten Thousand Dollars ($10,000) in a form of sectsity acceptable to the Agency ("Deposit") to in cure that Developer will proceed diligently and in good faith to fulfill its obligations under this Agreement and as consideration for Agency's grant to Developer of this exclusive right to negotiate for the term of this Agreement. lithe Deposit is in the form of cash or a certified cashier's check, it shall be deposited in an interest bearing account in a bank selected by Agency. Interest, if any, shall be added to the Deposit and held as additional security. The Deposit shall be refunded or released to Developer only upon receipt by Agency of written direction from Developer at any time prior to sixty (60) calendar days after the Effective Date ("Developer's Due Diligence Period"). If, upon the expiration of the Due Diligence Period, the Agency has not received written direction from the Developer to refund or release the Deposit, then Agency shall thereafter be entitled to keep the Deposit and any accrued interest thereon. The foregoing notwithstanding, in the event that the P arles execute a DDA prior to the termination of this Agreement, the Deposit shall be credited and applied by Agency to the purchase price of the Agency Property. 2.4 DDA Business Points. The Agency and Developer acknowledge that the following shall be the basic business points which shall control the negotiation and preparation of the DDA: 2.4.1 Purchase Price for the Agency Property: Appraisal Report. Agency has, at its sole cost and expense: (i) caused to be prepared a report appraising the value of the Agency Property ("Appraisal Report") by an independent third party appraiser chosen by the Agency, in its sole and absolute discretion, and (ii) delivered the Appraisal Report to Developer. The Parties agree that the Appraisal Report is intended to serve as the basis for establishing the purchase price for the Agency Property under the DDA.. 2.4.2 Prohibition Against Development of Fast Food Restaurant. Agency and Developer acknowledge and agree that: (i) the Project shall not include the development of a fast food restaurant on any portion of the Agency Property, and (ii) the DDA shall include an express provision prohibiting the development of a fast food restaurant on any portion of the Agency Property. 2.4.3 Development Fees and Infrastructure. Agency and Developer acknowledge and agree that: (i) Developer shall be responsible for all Project development costs, fees and mitigation measures, including the payment of any development impact fees imposed by the City, the Agency, school districts, and other governmental agencies, and (ii) the DDA shall include express provisions providing for Developer's sole responsibility for all Project development costs, fees and mitigation measures. The Agency shall assist Developer in identifying and determining the applicability of any fee credits as to whicli the Project may be eligible. In addition, the Agency may assist the Developer in the payment of any development impact fees imposed by governmental agencies or may assist with development costs. Such assistance will be determined as part of the DDA negotiations. 2.4.4 Adequacy of Developer Financing,. Developer acli.owledges that it may be requested to make certain confidential financial disclosures to Agency, its staff or legal counsel, as part of the financial due diligence -4- RiPGB\JSa\660573.5 investigations of Agency relating to the potential acquisition of the Property and development of the Project by Developer. Developer further acknowledges that, as part of the DDA negotiations, the Developer must be able to demonstrate, to the s atisfaction of the Agency, in its sole discretion, that Developer will have appropriate and adequate financing in place to acquire the Property and develop the Project, and a Project budget and Project schedule of performance proposed by Developer must be reviewed and approved by the Agency. 2.4.5 Desian Process. Design of the Project will' be of paramount concern to the Agency. Developer acknowledges that the Project will be designed and built with a level of architectural style and interior and exterior amenities consistent with City and Agency standards and equal to the prevailing standard being constructMrl in the City. The design process will involve Developer and the City's Planning, Public Works, Development and other City departments. A detailed and refined scope of development, including (but not limited to) architectural features and other design documents, shall be completed and approved prior to the Agency's consideration and approval of a DDA. 2.4.6 Power of Termination. The DDA shall include a. power of teir .iration provision, allowing the Agency to reclaim ownership of the Property and the improvements if Developer fails to complete the Project as required, or if Developer abandons or delays construction beyond certain deadlines to be established in the DDA. If the Agency retakes the Project, the Agency will undertake good faith efforts to resell the Project and distribute the sale proceeds according to a formula which may result in Developer receiving back a.portion of its investment. 2.4.7 Prohibition on Unpermitted Encumbrances and Financings The DDA shall provide that, prior to the issuance of a certificate of completion for the Project, Developer may not assign the DDA or convey any of the Project (other than sales to individual lot owners) without the Agency's written consent. The DDA may include certain "pre -approved" transfers/assignments and encumbrances (such as construction financing). 2.5 Termination of this Agreement. This Agreement shall automatically expire and be of no further force or effect at the end of the one hundred eightieth (180th) calendar day following the Effective Date, unless prior to that time: 2.5.1 a DDA, acceptable in form and content to both Agency staff and Developer, is executed by Developer, delivered to the Agency, and presented to the governing board of the Agency and the City Council of the City for consideration (in which case this Agreement shall terminate on the effective date of any such DDA); or 2.5.2 the governing board of the Agency and/or City Council of the City disapprove of any proposed DDA presented by Developer and Agency staff (in which case this Agreement shall terminate on the date of such disapproval); provided, however, that in their sole discretion, the Agency and Developer may, within fifteen (15) calendar days from such disapproval, mutually elect in writing to extend this Agreement pursuant to Section 1.2; or -5- RVP.UB\JJ3\6605ij. 2.5.3 either Party determines in good faith that the other Party is in material default of that Party's obligations under this Agreement and such defaulting Party has failed to cure such default within fifteen (15) calendar days following written notice from the Party alleging the default or, if such default cannot be reasonably cured within such fifteen (15) calendar days, the defaulting Party has failed to commence to cure the default within fifteen (15) calendar days and/or has failed to diligently prosecute such cure to completion thereafter; or �d 2.5.4 the Negotiation Period isye_xtended for one (1) or more Extension Periods as provided in Section 1.2 (in which case this Agreement shall terminate at the end of the last calendar day of the last Extension Period). 2.6 Limitation on Remedies for Breach and Release of Claims. Agency and Developer both acluiowledge that they would not have entered into this Agreement if they were to be liable to the other for an unknown amount of monetary damages or other remedies. Accordingly, each Party aclmowledges and agrees that its exclusive right and remedy upon the uncured default of this Agreement by the other Party is to terminate this Agreement, without cost, expense or liability to either Party. Each Party aclmowledges that it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement -with the debtor." California Civil Code Section 1542 notwithstanding, it is the Agency's and Developer's intention to be bound by the limitation on damages and remedies set forth in this Section 2.6, and each Party hereby releases any and all claims against the other for monetary damages or other legal or equitable relief related to such breach, whether or not such released claims were known or -.unknown to the Parties as of their entry into this Agreement. Agency and Developer each hereby waive, but only as to the claims released under this Section 2.6, the benefits of California Civil Code Section 1542 and all other statutes and judicial decisions (whether state or federal) of similar effect. ARTICLE III GENERAL TERMS 3.1 Solicitation and Conflicts of interest. Developer maintains and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Further, Developer warrants it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the making of this Agreement. For the term of this Agreement, no member, officer or employee of Agency, during the term of his or her service with Agency, shali have any direct or indirect interest in this Agreement or obtain any present or anticipated material benefit arising therefrom. -6- RV2UBAJ33V650575.5 3.2 Disclosures and Cooperation. Agency and Developer shall generally cooperate with each other and supply such documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations that are the subject of this Agreement. Without limiting the generality of the foregoing, Agency particularly reserves the right to obtain further information, data and commitments to ascertain the ability and capacity of Developer to acquire the Property and develop the Project. Unless precluded by law, Agency shall keep confidential all proprietary information provided by Developer to Agency. Agency shall prepare such public notices and schedule such public hearings, in accordance with the CRL and other relevant law, as may be necessary for the governing board of the Agency and City Council of the City to consider any proposed DDA which may be agreed upon between Agency staff and Developer. Developer expressly acIo owledges and agrees that Agency will not be bound by any statement, promise or representation made by Agency staff during the course of negotiations of a DDA and that the Agency shall be legally bound only upon the approval of the DDA by the governing board of the Agency and the City Council of the City, in accordance with the provisions of the CRL. 3.3 Attorneys' Fees. In the event of the bringing of an arbiration, action or suit by a Party against the other Party arising out of the breach of this Agreement or any other dispute between the Parties concerning this Agreement or Property, then, in that event, the prevailing Party in such action or dispute, whether by final judgment or arbitration award, shall be entitled to have and recover of and from the other Party all costs and expenses of suit or claim, including actual attorneys' fees. Any judgment, order or award entered in any final judgment or award shail contain a specific provision providing for the recovery of all costs and expenses of suit or claim, including actual attorneys' fees (collectively, "Costs") incurred in enforcing, perfecting and executing such judgment or award. For the purposes of this Section 3.3, Costs shall include, without implied limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (i) post judgment motions and appeals, (ii) contempt proceedings, (iii) garnishment, levy and debtor and third party examination; (iv) discovery; and (v) banISuptcy litigation. This Section 3.3 shall survive any termination of this Agreement 3.4 Governine Law: Jurisdiction and Venue. This Agreement shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. Any action brought concerning this Agreement shall be brought in the appropriate state court for the County of Riverside, California. Each Party hereby irrevocably consents to the jurisdiction of said court. Developer hereby expressly waives all provisions of law providing for a change of venue due to the fact that Agency and/or the City may be a party to such action, including without limitation, the provisions of California Code of Civil Procedure Section 394. Developer further waives and releases any right it may have to have any action concerning this Agreement transferred to Federal District Court due to any diversity of citizenship which may exist between Agency and Developer or due to the fact that a federal question or right is alleged or involved in such action. 3.5 No Third Party Beneficiaries. Agency and Developer expressly acknowledge and agree that they do not intend, by their execution of this Agreement, to benefit any persons or entities not signatory to this Agreement, including, without limitation, any brokers representing the Parties to this transaction. No person or entity not a signatory to this Agreement shall have any rights or causes of action against either Agency or Developer arising out of or due to Agency and Developer's entry into this Agreement. 3.6 Counterpart Originals. This Agreement may be executed in counterpart originals which, when taken together, shall constitute but one and the same instrument. 3.7 Press Releases. Developer agrees to obtain the approval of the Executive Director of Agency or his or her designee or successor in function of any press releases Developer may propose relating to the acquisition or -7- Rv7UB\JSB\65057 -5 redevelopment of the Property prior to publication. 3.8 Notice. All notices required under this Ageement shall be presented in person, by a nationally recognized overnight delivery service or by facsimile and confirmed by first class certified or registered United States mail with return receipt requested to the address and/or fax number for the Party set forth in Sections 1.3 and 1.4. Notice shall be deemed confirmed by United States mail effective the second 2) business day after deposit with the United States Postal Service. Notice by personal service or nationally recognized overnight delivery service shall be effective upon delivery. Either Parry may change its address for receipt of notices by notifying the other Party in writing. 3.9 Developer Acquires No Interest in Property from Agency. Developer acimowledges and agrees that it has not acquired and will not acquire; by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from Agency. (Signatures On Fallowing Pages] -s- RV?UBVSSBV66C.^,i5.5 SIGNATURE PAGE TO EXCLUSIVE RIGHT TO NEGOTIATE AGREEiV1TNT AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic By: ATTES Agency Secretary APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP Kevin K. Randolph Agency Counsel Peter Cosentini Executive Director RV?j ' J32\56C515.5 SIGNATURE PAGE TO EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT DEVELOPER: SAN LACFNTO MTVESTORS GROUP, LLC a California limited liability company / /// „ By: Its: Date: Its: Date: A., A ff Vf, <,k1 J6ef Meyer RVPUB\JS3\660575.5 EDIT A TO EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT Site Map [Attached Behind This Pagel Exhibit A R72G3'',J33' 6057 . P48-3-58-230 ta2.a2 PAP.1 10 221 . 17).0e (77 PFLT 10 17!.25 110 273 .02 PCP-PAP_3 (73) tag AC 040 30 - LOT' A J PM-2 224.00 0177 Lf.,". a •( ,51 , _i 7 s 510 3' 1-2 AC i ! ! ! c!,,, ei cr 1 PAR.4 ! s 2.13 Ao ! I I - 1 13' 5 N, PAP-5 !) tx 274_00 00 • mal 5. 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V.--,,""•*144 .• .1; -,,,..4.7 ,..v,L,4,1 -•,-,..:44,-.- 87.18 i J AGENDA ITEM 6aa- April 07, 2005 TO: Honorable Chairperson and Members of Agency Board FROM: Steven G. Pasarow, Redevelopment Operations Manager,` 11/ SUBJECT: Enhanced Senior Home Repair Grant Program RECOMMENDATION: Approve the Enhanced Senior Home Repair Grant Program, authorize a transfer of $17,000 from the Unallocated Redevelopment Agency Low and Moderate Income Housing Fund to cover startup costs and provide funds for initial grants and authorize staff to work with the United Way to develop an Enhanced Senior Home Repair Program for low-income seniors. BACKGROUND: The City of San Jacinto currently provides funding through its Community Development Block Grant Program for minor home repairs for income qualified seniors 62 years and over. The Senior Home Repair Program is managed by the United WayNalley Service Connection and is limited to qualified low-income seniors who own and reside in their own home. The maximum eligible amount of funding per address is currently $500. This program not only allows repairs on conventional homes, but also includes mobile homes which comprise approximately 85% of the repair requests. The City's Redevelopment funded Home Rehabilitation Program provides loans up to $30,000 to single family homeowners but does not allow rehabilitation of mobile homes. Thus a large segment of the low-income senior community is not covered by the Agency funded Home Rehabilitation Program. The United Way has identified a need for an enhanced program for larger repairs including roof replacement, electrical and plumbing repairs, needed by senior homeowners, but which are not covered under the existing program. To address this need, the United Way has developed the Enhanced Senior Home Repair Program. This new program will fund more extensive repairs that range from $500 to $3,000 Approvals y� City Manager: Finance Director: Page 1 of 3 Under the Enhanced Program, seniors meeting the age and income guidelines for the current Valley Service Connection program will become eligible for one- time only repairs costing $501 up to a maximum for $3,000 per address. All repairs under $500 would continue to be covered under the Valley Service Connection Minor Home Repair Program and would include both conventional and mobile homes, The United Way will manage the day to day operation of the Enhanced Program. The Program Director will review all applications for eligibility and compliance with Program requirements. The Program Director would also make the determination as to which repairs or replacements should be allowed to qualify under this program, including building code and health and safety code violations. Building permits, if required would be obtained by participating contractors. The exact number of Enhanced Repairs projects will be determined by the number of homes participating and those that require the maximum amount of funding. Repairs may include repair or replacement of mobile home roofs, heating and ventilation equipment, leveling of homes, plumbing, flooring, etc. Repairs made under the Enhanced program would be billed to the Redevelopment Agency, approved by the Redevelopment Operations Manager and paid out of the funds allocated for this program. Qualifying citizens would be seniors aged 62 and over and disabled persons. The applicants would need to be able to show proof of ownership of their conventional home or mobile home however they would not be required to own the ground beneath their mobile home. Annual income would not exceed the maximum amount allowed under the Valley Service Connection program for low- income persons (currently $11,640 and increasing by $3,975 for each additional member of the household beyond the applicant). Income amounts may increase on an annual basis according to HUD and requirements and community needs. Currently, the Valley Service Connection Program allows repairs to homes outside of the San Jacinto City boundary due to the requirements of the CDBG program. The Enhanced Program will be available only to City of San Jacinto homeowners. JUSTIFICATION: The City/Redevelopment Agency currently provides funding for several housing programs. Community Development Block Grant funds are used for the United WayNalley Service Connection Senior Home Repair Program for minor repairs. Redevelopment Agency Housing Set -Aside funds are used for the Housing Rehabilitation Program which provides grants up to $30,000 for rehabilitation of single-family owner -occupied homes. Page 2 of 3 The United Way has indicated, based upon the services that they provide, that there is a need for enhanced repairs in the range of $500 to $3000 for low- income seniors and handicapped homeowners (conventional and mobile homes). To address this need the United Way has proposed the Enhanced Senior Home Repair Program. The Agency's Low and Moderate Income Housing Set -aside funds can be used to fund this new program. BUDGETARY IMPACT: The Agency has unallocated Low and Moderate -Income Housing Set -aside funds based upon the FY 2004-05 Budget. These funds can be utilized to fund the proposed Enhanced Senior Home Repair Program without reducing funding from existing programs. ATTACHMENTS: Valley Service Connection Flyer Page 3 of 3 Do you need repairs on your home but cannot afford the high costs? Valley Service Connection may be able to help. You may be eligible for up to $'5 0_, in home repairs if you own your own home and live within the city limits of San Jacinto. This is a free service to qualifying seniors. Qualifying seniors are: • Age 62 or better • Low income /yr. single, $15, 05 /yr. married) • Homeowners A Program of www.ccuw.org kiln etc.:t O i and More Info :talon- Call (91) 9294173 AGENDA ITEM 3, %1 April 07, 2005 TO: Honorable Mayor and Members of the City Council FROM: Steven G. Pasarow, Redevelopment Operations Manager SUBJECT: Request for Funding for a Historic Structures Report for the Francisco Estudillo Heritage Park and Mansion Restoration Project RECOMMENDATION: Approve and Appropriate $20,000 of undesignated and unreserved Park Development Funds for a Historic Structures Report for the Francisco Estudillo Heritage Park and Mansion Restoration Project BACKGROUND: The City of San Jacinto currently has approved funding for the Restoration of the Estudillo Mansion from the National Park Service (NPS), California Office of Historic Preservation (SHPO), and the San Jacinto Museum Foundation: Additional funds are also available from the Metropolitan Water District and the Eastern Municipal Water District for landscaping. Of these funds, only the Museum Foundation funds have no restrictions as to their use except that they are used for the restoration of the Mansion. Currently, museum funds are being used to pay for architectural design work for the restoration of the mansion. This past fall, while preparing the site for the new museum building to be installed on the Mansion grounds, both NPS and SHPO indicated that their grants required that during any excavation of the site for the museum buildings, an archaeologist must be present to observe the excavation work. In January, during the excavation, a representative of SHPO visited the site. After viewing the Mansion and grounds, that representative determined that the City should prepare a Historic Structures Report (HSR) and use such report as a guide for all restoration of the property including the current restoration project. Because SHPO is the lead agency on the project, the National Park Service has concurred with SHPO's opinion on requiring a HSR for the current project. Approvals City Manager: 7/4'd Page 1 of 2 The City has engaged the architectural firm of PSWC Group, of San Bernardino to design the restoration of the Estudillo Mansion and prepare a construction bid document for the mansion restoration and landscaping of the property. SHPO feels that the architectural firm should be able to prepare the HSR concurrently with the restoration design work and incorporate any findings into the current project. The HSR would also be utilized as a guide for future projects at the Estudillo Heritage Park such as the restoration of the Carriage House. Unfortunately, the budget for the restoration project was set and approved prior to this new requirement being imposed. As such, there are not enough funds in the current restoration budget to pay for the additional research and final report by the Architect. JUSTIFICATION: The project architect is currently searching for a historic architect who is qualified to prepare this specialized report The final report must be reviewed and approved by both SHPO and the NPS prior to their giving approval to Mansion Restoration Project. Neither SHPO nor NPS will allow any advance funding requests from the approved grants to pay for this report until a final construction document is submitted and approved by these respective agencies. The final construction bid document must include any significant references and findings from the HSR research document. BUDGETARY IMPACT: Because the total cost of this report is currently unknown, staff recommends that the City Council appropriate $20,000 from the unallocated Parks Development Fund to cover the cost of a consulting historian, research and preparation of the Historic Structures Report. According to the Finance Director, there are adequate funds within the undesignated Park Development Fund to allow for this appropriation. Upon commencement of the Estudillo Mansion Restoration Project, state and/or federal grant funds may be used to reimburse the Park Development Fund for the cost of this report. ATTACHMENTS: SHPO Letter dated February 22, 2005 Page 2 of 2 STATE OF CALIFORNIA — THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor OFFICE OF HISTORIC PRESERVATION DEPARTMENT OF PARKS AND RECREATION 0. BOX 942896 'RAM ENTO, CA 94296-0001 > - 4 653-6624 Fax: (916) 653-9824 calshpo@onp.aarks,ca.gov www.ohp.parks.ca.gov February 22, 2005 Mr. Steven G. Pasarow Redevelopment Operations Manager City of San Jacinto 248 East Main Street San Jacinto, CA 92583 Re: Estudillo Mansion CA Heritage Fund Grant Project Dear Steven: Thank you again for taking the time January 14th to show me the Mansion and grounds of the Estudillo Mansion National Register property, I regret that my recommendation to do a Historic Structures Report (HSR) following my visit caused you to feel perplexed. I recall_ recommending an HSR while we touring the house. An HSR is a recognized standard best practice for significant historic properties. As you mentioned unknowns about historic interior treatments of the Estudillo Mansion and its evolution, and as I was told that the historic water tower existed in two different locations, I felt that a Report would be useful tool for both planning and treatment decisions regarding the grant project and future work. The historic grounds, including plantings and decorative elements, should certainly be included in the Report. As you have personally stated that the selected project architectural firm is highly experienced with historic preservation projects, the preparation of the HSR and project plans should proceed smoothly. I understand that the National Park Service is developing a Preservation Brief on the preparation of HSRs, which should be available shortly. Of course, if I may be of any assistance, please feel free to let me know. As stipulated in the signed contract, our office will review and approve the project plans for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, as well as any other work occurring during the 20-year state grant covenant period. Sincerely, Steade R. Craigo, FAIA, Supervisor Grants Unit cc: Megan Brown, NPS Grant Project File ACTION MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL APRIL 7, 2005, 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 Mayor Buydos called the Regular Meeting of the San Jacinto City Council to order at 7:02 p.m. 1.2 Roll Call Present: Robert Ritchie, Ken Shaw, Dale Stubblefield, Chris Carlson Buydos Absent: Jim Ayres 1.3 Invocation Council Member Ken Shaw gave the invocation. 1.4 Pledge of Allegiance City Treasurer Jim Potts led the Pledge of Allegiance. 1.5 Special Presentations 1.5.1 Presentation of United States of America Flag / Jason Hayes / California National Guard, Recipient / Economic Development Specialist 1.5.2 Recognition of Ed Starner, Interim Public Works Superintendent / City Manager Cosentini presented 2. PUBLIC COMMENTS: Dr. Grover Moore, representing Interfaith Council of Hemet-San Jacinto, 25397 Auld St., Hemet Michael Fred Allen, 565 East 3 rd St.,,,San Jacinto City Council Action Minutes April 7, 2005 Page 2 of 14 3. CONSENT CALENDAR 3.1 Warr ts at 04/07/05 / Approve I Finance Director 3.2 Ordinance No. 5-071Appr ye second reading and Adopt amendment to the Redevelopment Plan for the original area of the San Jacinto Redevelopment Project concerning time Ii itation for issuing debt pursuant to SB 211! and by further motion read by titie only: An Ordinance of the City of San Jacinto Eliminating the Debt Incurrence Deadline for the Original Area of the Redevelopment Plan for the San Jacinto Redevelopment Project / City Attorney and Finance Director 3.3 Ordinance 05-08 / amends Chapter 8.32 of the San Jacinto Municipal Code / Approve second reading and Adopt Ordinance No. 05-08 and by further motion read by title only: An Ordinance of the City of San Jacinto Amending Chapter 8.32 to the San Jacinto Municipal Code to Update the City's solid Waste Ordinance to Reflect current Regulatory Requirement and Best Practices / City Attorney and Special Legal Counsel 3.4 Ordinance 05-09 / A construction and demolition materials diversion ordinance / Approve second reading Adopt Ordinance 05-09 and by further motion read by title only: An Ordinance of the City of San Jacinto Adding Chapter 8.34 to the San Jacinto Municipal Code Establishing a Requirement to submit a Waste Management Plan and Comply with Other Requirement for Certain Construction and Demolition Project within the City of San Jacinto. / City Attorney and Special Legal Counsel 3.5 Final Tract Map 30640 — GMAC Model Home Finance Inc / Approve and Authorize Mayor to execute Final Map; Authorize City Manager to execute the subdivision agreement and Authorize City Clerk to release final map for recordation upon satisfactory resolution with the Garrett Group regarding undergrounding in lieu fees for Washington Avenue and successful annexation into LLPD No. 2 / City Engineer . 3.6 Final Tract Map 30661 — GMAC Model Home Finance Inc / Approve and Authorize Mayor to execute Final Map; Authorize City Manager to execute the subdivision agreement and Authorize City • City Council Action Minutes April 7, 2005 Page 3 of 14 Clerk to release final map for recordation upon satisfactory resolution with the Garrett Group regarding undergrounding in lieu fees for Washington Avenue and s ccessfut znnexatisn into LLPE) No. 2 / City Engineer 3.7 Final Tract Map 30660 — GMAC Model Home Finance Inc / Approve and Authorize Mayor to execute Final Map; Authorize City Manager to execute the subdivision agreement and Authorize City Clerk to release final map for recordation upon satisfactory resolution with the Garrett Group regarding undergrounding in lieu fees for Washington Avenue and successful annexation into LLPD No. 2 / City Engineer 3.8 Final Tract Map 30641 — GMAC Model Home Finance Inc Dye and Authorize Mayor to execute Final Map; Authorize City Manager to execute the subdivision agreement and Authorize City Clerk to release final map for recordation / City Engineer 3.9 Final Tract Map 30090 — KB Home Coastal Inc / Approve and Authorize Mayor to execute Final Map / City Engineer Appropriate $15,400 from General Fund Reserve to continue Development Impact Fee Stu y / approve / City Manager 3.11 Second Annual Public Safety Expo, June 18, 2005/ Approve and Appropriate $3,000 from the General Fund / Chief of Police 3.12 Redistribute the FY 2005 Homeland Security Grant Program Funds to the Riverside County Sheriffs Department / Approve / Chief of Police 3.13 Remote Sewer Televising Equipment / Approve specifications, quote from Advanced Infrastructure Technologies and Appropriate $54,745.00 fro Sewer Reserve Fund and authorize purchase of same / Interim Public Works Superintendent 3.14 Request for Funding for a Historic Structures Report for the Francisco Estudillo Heritage Park and Mansion Restoration Project / Approve / Redevelopment Operations Manager 3.15 Special District Administrator / Approve Job Description and Salary Range / Finance Director 3.16 Accountant! Approve revised Job Description / Finance Director 3.17 Ordinance No. 05-10 / Approve introduction and first reading of an Ordinance extending the plan effectiveness deadline and tax City Council Action Minutes April 7, 2005 Page 4 of 14 increment receipt deadline by one year and by further motion read by title only: An Ordinance of the City of San Jacinto Extending the Plan Effectiveness Deadline and the Tax increment Receipt Deadline for the Original Area of the Redevelopment Nan for the San Jacinto Redevelopment Project by s ne Year / City Attorney 3.18 Ordinance No. 05-06 / Approve introduction and first reading of an Ordinance authorizing the levy of special taxes within the City CFD No. 2003-2 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Authorizing the Levy of Special Taxes within the City of San Jacinto Community Facilities District No. 2003-2 (CFD 2003-2) / City Attorney 3.19 Ordinance No. 05-12 / Approve introduction and first reading of an Ordinance amending Ordinance No. 04-10 authorizing the levy of special taxes within the City CFD No. 2003-1 and by further motion read by title only: An Ordinance of the City COU oil of the City of San Jacinto Authorizing the Levy of Special Taxes within the City of San Jacinto Community Facilities District No. 2003-1 (CFD 2003-1) / City Attorney Agenda Items 3.10, 3.15, and 3.16 were pulled. Items 3.15 and 3.16 will be brought back at a later date. M/S/C (Ayres / Shaw) moved to approve the balance of the Consent Calendar as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None 4. PUBLIC HEARING 4.1 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 34 - Lennarklomes T30659 / City Attorney a) Resolution No. 2712/ A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 34 / Approve and Adopt City Council Action Minutes April 7, 2005 Page 5 of 14 ta). R(7.-sCutic-77 - 2713/A Resoiution approving the Engineer's Fç T[i'l,n7 -i,-;.tation No. 34 to LLP11:1 No. 2/ r r:rove and c) Resolution No. 2714 / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 34 /Approve and Adopt d) Public Hearing I At the conclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No 2 known as A nexation No. 34 / Approve and Adopt Resolution No. 2715 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 34 — Lennar Homes T30659 MiSiC (Stubblefield Ritchie oved to approve Resolution Nos. 2712, 2713, 2714 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None Mayor Buydos opened the Public Hearing at 7:15 p.m. No one was present to support or oppose Resolution No. 2715. City Clerk Chouinard reported no written comments were received and certified the election, noting the majority is in favor of the annexation and assessment. Mayor Buydos closed the Public hearing at 7:16 p.m. M/S/C (Stubblefield / Ritchie) moved to approve Resolution No. 2715 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None 4.2 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 35 — Lennar Homes T30640 / City Attorney a) Resolution No. 2716 /A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 35 / Approve and Adopt b) Resolution No. 2717 / A Resolution approving the Engineer's City Council Action Minutes April 7, 2005 Page 6 of 14 Report for Annexation No. 35 into LLPD No. 2 / Approve and Adopt c) Resolution No. 27181A Resolution declaring intention to annex property into LL '''D No. 2 — Annexatiltn No. 35 / Approve an Adopt d) Public Hearing / At the conclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No 2 known as Annexation No. 35 /Approve and Adopt Resolution No. 2719 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 35 - T30640 WS/C (Stubblefield I Ritchie) moved to approve Resolution Nos. 2716, 2717, 2718 As presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None Mayor Buydos opened the Public Hearing at 7:15 p.m. No one was present to support or oppose Resolution No. 2719. City Clerk Chouinard reported no written comments were received and certified the election, noting the majority is in favor of the annexation and assessment, Mayor Buydos closed the Public hearing at 7:16 p.m. WS/C (Stubblefield/ Ritchie) moved to approve Resolution No. 2719 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None 4.3 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 36 Lennar Homes — T30660 / City Attorney a) Resolution No. 2720 / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 36 / Approve and Adopt City Council Action Minutes April 7, 2005 Page 7 of 14 b) Resolution No. 2721 I A Resolution approving the Engineer's Report for Annexation No. 36 into LLPD No. 2 Approve and Ad ,tpt c) Resolution No. 2722 / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation N Approve and Adopt d) Public Hearing I At the conclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No 2 known as Annexation No. 361 Approve and Adopt Resolution No. 2723 / A Resolu7 crdering annexation of territory into LLPD No. 2 and le, iing assessment - Annexation No. 36 — T30660 MiS/C (Stubblefield / Ritchie) moved to approve Resolution Nos. 2720, 2721, 2722 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None Mayor Buydos opened the Public Hearing at 7:15 p.m. No one was present to support or oppose Resolution No. 2723. City Clerk Chouinard reported no written comments were received and certified the election, noting the majority is in favor of the annexation and assessment, Mayor Buydos closed the Public hearing at 7:16 p.m. M/S/C (Stubblefield / Ritchie) moved to approve Resolution No. 2723 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None 4.4 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 37 Lennar Homes T30661 / City Attorney a) Resolution No. 2724 / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 37 / Approve and Adopt City Council Action Minutes April 7, 2005 Page 8 of 14 b) Resolution No. 2725 / A Resolution approving, the Engineer's Report for Annexati No. 37 into LLPD No. / Approve and Adopt c) Resolution No. 2726 / A Resolution declaring intention to a nex property into LLPI3 No. 2 — Annexation No. 37 / ipprove a d Adopt d) Public Hearing / At the conclusion of the public hearing if the City determines that a majority protest does not exist, by uOtlOfl approve the certification of the election results for adi•Ing certain property into LLPD No 2 known as Annexation No. 37 / Approve and Adopt Resolution No. 2727 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 37 — T30661 M/S/C (Stubblefield / Ritchie) moved to approve Resolution Nos. 2724, 2725, 2726 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None Mayor Buydos opened the Public Hearing at 7:15 p.m. No one was present to support or oppose Resolution No. 2727. City Clerk Chouinard reported no written comments were received and certified the election, noting the majority is in favor of the annexation and assessment, Mayor Buydos closed the Public hearing at 7:16 p.m. M/S/C (Stubblefield / Ritchie) moved to approve Resolution No. 2727 as presented. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None 4.5 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 38 Continental Residential Inc T31097 / City Attorney a) Resolution No. / A Resolution initiating proceedings for the Annexation of property into LLPD No 2— Annexation No. 38 / Approve and Adopt City Council Action Minutes April 7, 2005 Page 9 of 14 b) Resolution No, A Resolution approving the Engineer's Report for Annexation o.Z8 into LL.PD No. 2 / Approve and Adopt c) Resoiution No, A Resolution deciaring intention to annEx property into LLPID:. No. 2 — Annexation No. 38 / Approve and Adopt d) Public Hearing I At the conclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No 2 known as Annexation No. 38 Approve and Adopt Resolution No. / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 38 T31097 Agenda tem 4.5 was pulled. 4.6 At the cf•nclusion of the Public Healing, declaring the results of the assessment ballot tabulation, confirm assessment and ordering road, street and highway maintenance for certain property, commonly known as Western Pacific T32155, into Assessment District No. 2003-1 — Annexation No. 14 f Resolution No. 2728 / A resolution declaring the results of the assessment ballot tabulation for the annexation of certain property into Assessment District N • 2003-1 (AD 2003-1) pursuant to the Benefit Assessment Act of 1982, ordering maintenance work therein and confirming the diagram and assessment — Annexation No. 14 /Approve and Adopt / Special Tax Consultant and City Attorney Mayor Buydos opened the Public Hearing at 7:19 p.m. No one was present to support or oppose Resolution Nos. 2728. City Clerk Chouinard reported no written comments were received and certified the election, noting the majority is in favor of the annexation and assessment, Mayor Stubblefield closed the Public hearing at 7:19:30 p.m. MIS/C (Stubblefield I Ritchie) moved to approve Resolution Nos. 2728 as presented. Motion carried 4/0. Ayes: Ritchie, Shaw, Stubblefield, Buydos Nays: None Absent: Ayres Abstain: None Councii Action kiiiriLiteQ Aprii 7, 2005 Page '10 of 14 5. CETY DEPARTMENTS 2005 Downtown San Jaclnto Pavement Re rolect Numbers 05-107, C1 5 - 1 0 8 , and 05-120 Approve anc award Public Works Contract to Matich Corporation in the sum of $99arne.00 p4us. 15% contingency for 2005 Downtown San Jacinto Pavement Rehabilitation; Appropriate additional $133,848.00 from development agreement funds to offset completion of the work: Authorize staff to add Ramona Boulevard Pavement Rehabilitation between State Street and Potter Road to the 2005 Downtown San Jacinto Pavement Rehabilitation; Authorize Mayor to execute said public works contract; and Direct City Clerk to reject all other bids MISIC (Stubblefield I Shaw) moved to approve as presente&, Ayes: RitchieShavf,' r. s Nays: None Absent: Ayres Abstain: None 5.2 Notice of Completion -De Anza Lift Station, Gravity Sewer, Force Main and Water Main Approve and Authorize City Manager to release escrow retention funds (2128/05 $113,763.25) to Union Bank of California 30 days after rec rdation of the Notice of Completion / City Engineer M/SiC (Stubblefield I Ritchie) moved to approve as presented. Motion carried 4/0 Ayes: Ritchie, Shaw, Stubblefield, Buydos Nays: None Absent: Ayres Abstain: None 5.3 Purchase f electrical control panel for ath Booster Station I Approve specifications and Appropriate $150,000.00 fr m Undesignated, Unreserved Water Fund Equity and Authorize City Manager to purchase upon receipt of two bids / Interim Public Works Superintendent M/S/C (Stubblefield / Shaw) moved to approve as presented. Motion carried 4/0 Ayes: Ritchie, Shaw, StUbblefield, Buydos Nays: None Absent: Ayres Abstain: None City Council Action Minutes April 7, 2005 Pape 11 of 14 5.4 Notice of Completion - Ranch.. San Jacinto Play Area Improve uents I Approve and Authorize the release of cat: r ei,11 in the an unt of $29,483.69 30 days after recordathon of saic"Hofce * f Completion I Interim Pubiic Works Superintendent M/SIC (Shaw / Ritchie) ved to approve as presented. Motion carried 410. Ayes: Ritchie, Shaw, Stubblefield, Buydos Nays: None Absent: Ayres Abstain: None 5.5 Proposal by the Estudillo Restoration Association to orr, execute a holiday celebration event at the Estudillo Mans. - r, grounds on December 10, 2005. MiS/C (Shaw / Ritchie) moved to approve as prese:n:.ed. Motion carried 4/0. Ayes: Ritchie, Shaw, Stubblefield, Buydos Nays: None Absent: Ayres Abstain: None 5.6 City staffs space needs / Review infor ation and direct staff! Approve / Space Needs Committee M/S/C (Buydos / Stubblefield) move to appoint adhoc committee to review space needs. Vice Mayor Stubblefield and Council Member Ritchie to serve on committee. Motion carried 4/0. Ayes: Ritchie, Shaw, Stubblefield, Buydos Nays: None Absent: Ayres Abstain: None 5.7 Ordinance No. 05-11 / Approve introduction and first reading of an Ordinance amending the Redevelopment Plan for the original area of the San Jacinto Redevelopment Project extending the Plan Effectiveness Deadline and the Tax Increment Receipt Deadline by up to two years and by further motion read by title only: An Ordinance of the City of San Jacinto Extending the Plan Effectiveness Deadline and the Tax Increment Receipt Deadline for the Original Area of the Redevelopment Plan for City Council Action Minutes April 7, 2005 Page 12 of 14 the San Jacinto Redevelopment Project by up to Two Years I City At ney Si MiS/C (StulLiJolefieid / Ritchie) move to approve 0 Motion carried 4/0. inance 05-11 as presented. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buyclos None Ayres None 5.8 Purchase and Sale Agreement for vacant land (APN 437-046-001 lots 1,2, & 3); Felipe Lopez and Micaela Lopez, Sellers / Approve and Appropriate $210,000 from General Fund Brick and Mortar / City Manager and City Attorney WS/C (Stubblefield Ritchie) moved to approve with the appropriation to come from RDA funds and not General Fund brick and mortar. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None WS/C (Buydos / Shaw) moved to add Closed Session Item 7.4. Motion carried 4/0. Ayes: Nays: Absent: Abstain: Ritchie, Shaw, Stubblefield, Buydos None Ayres None 3.10 Appropriate $15,000 from General Fund Reserve to continue Development Impact Fee Study / Approve / City Manager M/S/C (Stubblefield / Shaw) moved to approve Item 3.10 as presented. Motion carried 4/0. Ayes: Ritchie, Shaw, Stubblefield, Buydos Nays: None Absent: Ayres Abstain: None Mayor Buydos recessed the Regular Meeting to consider the Redevelopment Agency Agenda at 8:44 p.m. Mayor Buydos reconvened the Regular Meeting at 8:53 p.m. City Council Action Minutes April 7, 2005 Page 13 of 14 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Letter of support to retain CDF's air attack for fire suppression at Hemet Ryan Airport / Approve/Vice MaTirr Stu6A3 efieid & C uncil Member Ayres M/S/C (Stubblefield / Shaw) moved to approve Item 6.1 as pres(--- carried 3/0. Ayes: Ritchie, Shaw, Stubblefield Nays: None Absent: Ayres Abstain: Buyclos Council Members gave their reports. Mayor Buydos recessed the Regular Meeting and reconve - 9:00 p.m. 7. CLOSED SESSION Closed Session at 7.1 CONFERENCE WITH LABOR NEGOTIAT•RS Agency designated representatives: Roger Crawford & Peter Cosentini Employee Organization: Management Associati*n No reportable action 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford & Peter Cosentini Employee Organization: Service Employees International Union No reportable action 7.3 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One (1) or more cases No reportable action 7.4 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One (1) or more cases No reportable action City Council Action Minutes April 7, 2005 Page 14 of 14 Item added earlier in the meeting. ADJ URNMENT With no further business coming before the Council, Vice Mayor Stubblefield adjourned the meeting at 11:30 p.m. City of San Jacinto By Chris Carlson Buydos, Mayor ATTEST: Dorothy L. Chouinard, City Clerk Approved as read: Approved as amended: