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Agenda - Agenda Packets - Regular Meeting 11/18/2004
AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 18, 2004, 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 1.2 Roll Call 1.3 Invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Certificate of Excellence / Recognition of Brian Ellis' achievement of attaining Eagle Scout rank 1.5.2 Spotlight of the Month — Stadium Pizza / Economic Development Director 1.5.3 Federal Legislation Update / Review of Federal earmarks and projects / Request for Council's input / Joni Goodman, San Jacinto's Washington D.C. Lobbyist 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 limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. PUBLIC HEARING 3.1 Appeal of Planning Commission Approval of Vesting Tentative Tract 31097 / Appellant: DR Horton — Continental Series / Public Hearing continued from October 7, 2004 / Applicant's (developer's) request to withdraw - take no action / Community Development Director City Council Agenda November 18, 2004 Page 2 of 5 3.2 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 13 (Park Meadows 171, LLC Tract 30878-1 & 30878) / City Attorney a) Resolution No. _ / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 13 / Approve and Adopt b) Resolution No._ / A Resolution approving the Engineer's Report for Annexation No. 13 in to LLPD No. 2 / Approve and Adopt c) Resolution No. _ / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 13 / 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 Tracts 30878-1 & 30878 aka Park Meadows 171 LLC into the LLPD No 2 known as Annexation No. 13/ / Approve and Adopt Resolution No. _ / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 13 3.3 Community Development Block Grant (CDBG) Program and Projects Fiscal Year 2005/2006 Public Hearing / Following public comments adjourn (continue) to December 2, 2004 / Redevelopment Operation Manager 4. CITY DEPARTMENTS 4.1 Public Works Director's Job Description and Recruitment / Approve job description and authorize director level recruitment / City Manager 4.2 Bus Shelter Advertisement / Ad Hoc Subcommittee recommendation to contract with Hemet/San Jacinto Chamber of Commerce for management / Approve / City Manager 4.3 Estudillo Mansion Committee Vacancy / Appoint a 2004 applicant based on the Historical Preservation Committee's recommendation to fill the vacancy on the Estudillo Mansion Committee with the term expiring the same as vacated seat - August 2007 / Historical Preservation Committee 5. 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. City Council Agenda November 18, 2004 Page 3 of 5 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. 5.1 Warrants at 11/18/04 / Approve / Finance Director 5.2 November 4, 2004 Regular Minutes / Approve / City Clerk 5.3 September 2, 2004 Regular Minutes / Approve / City Clerk 5.4 Treasurer's Report at September 30, 2004 / Receive and File / Finance Director 5.5 Final Parcel Map 32060 — Michael English / Approve for recordation / Community Development Director 5.6 Final Tract Map 29859 — 82 San Jacinto LLC / Approve for recordation and Authorize City Manager to execute Subdivision Agreement / City Engineer 5.7 Final Tract Map 30878-1 and 30878 — Park Meadows 171 LLC / Approve and Authorize the City Manager to execute the Subdivision Agreement 5.8 Resolution No. _ / A Resolution initiating annexing certain territory (San Jacinto Ranch Country View Estates LLC — Tract 30335) into Assessment District No. 2003-01 Annexation No. 7 / Approve and Adopt / City Attorney and Special Tax Consultant 5.9 Resolution No. _ /A Resolution for approval of Engineer's Report and setting the Public Hearing for Annexation into Assessment District 2003- 01 ( San Jacinto Ranch Country View Estates LLC) Annexation No. 7 / Approve and Adopt / City Attorney and Special Tax Consultant 5.10 Surplus vehicles and equipment / Approve release and public auction / Public Works Superintendent 5.11 Community Development Block Grant (CDBG) Program — reprogram FY 2004/2005 Program Funds / Approve / $50,000 in CDB funds from S.SJ108 (Museum Relocation) to 3.SJ107 (Police Activities League Project) / Community Development Director 5.12 Ordinance No. 04-08 / An Ordinance adding Chapter 8.56 to the San Jacinto Municipal Code concerning surface mining and reclamation / Approve second reading and Adopt Ordinance 04-08 and by further motion read by title only: City Council Agenda November 18, 2004 Page 4 of 5 An Ordinance of the City of San Jacinto, California, adding Chapter 8.56 to the San Jacinto Municipal Code concerning surface and reclamation / Community Development Director 5.13 Conditional Use Permit 7-03 / Ratify Planning Commission's approval of CUP 7-03 based on the Findings of Fact and Conditions Approval, permitting the construction of a 20 unit apartment complex located on the east side of Santa Fe Avenue, north of Midway Avenue / Community Development Director 5.14 Conditional Use Permit 1-04 / Re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway / Community Development Director 5.15 Conditional Use Permit 8-03 / Ratify Planning Commission's approval of CUP 8-03 based on the Findings of Fact and Conditions Approval, permitting the construction of a vehicle impound yard on a .62 acre parcel, located on east side of Buena Vista and north of Esplanade Avenue, zones M-1 / Community Development Director 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk 6.2 Council Reports 7. CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: Assessor's Parcel Numbers (APNs) Willie DeJong - 431-110- 006, San Jacinto 29 - 431-100-026, Gordon Hurst - 431-100- 009, John Haagsma - 431-110-007, Dale Bartel - 431-110-009 & 431-110-010, Donald Plueger - 431-150-001 & 431-150-002 & 431-150-029, Alyce Spar - 431-150-013, John Shogren 431- 150-022 Agency negotiator: Peter A. Cosentini, City Manager City Council Agenda November 18, 2004 Page 5of5 Negotiating parties: Willie DeJong; San Jacinto 29 officer or appointee; Gordon Hurst; John Haagsma; Dale Bartel; Donald Plueger; Alyce Spar; John Shogren Under negotiation: Price and Terms 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. 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. lf, 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. I, Dorothy L. Chouinard, City Clerkof the City of San Jacinto, do hereby certf that I caused to 6e posted the foregoing agenda this 12th day of .November, 2004 as required by law. 11/02/2004 16:27 FAX IU002/002 D-R-HORTON® Amemica_-5 CONTINENTAL SERIES November 1, 2004 Dorothy Chouinard City Clerk of San Jacinto 248 Main Street San Jacinto Ca 92583 Re: Tentative Map #31097 - Appeal of Engineering Condition #10 Dear Ms. Chouinard; I am writing to withdraw our appeal as described in our letter of July 21, 2004, to the members of the San Jacinto City Counsel. Currently the appeal date is set for November 18, 2004. Our Tentative map was approved on July 8, 2004, by the Planning Commission pursuant to resolution No. 03-05. Subsequently, DR Horton/ Continental filed an appeal to condition No. 10, and requested that it be modified. Since then we have worked with the city engineer Habib Mohtlagh to modify the condition. Accordingly, and at the Planning Commission meeting of October 8, 2004, Condition 10 was modified as specified in the revised Engineering Conditions dated October 7th, 2004 and approved by the Planning Commission. If you should have any questions please do not hesitate to contact me at 760.496.3248. Very truly yours, D.R. Horton - Mark Sanchez Forward Planner Cc: Tim Hults Eric Ruby 5927 PRIESTLY DRIVE, SUITE 200 CARLSBAD, CA 92008 TEL: (760) 931-1980 FAX: (760) 931-0237 11/02/2004 16:27 FAX l 001/002 5927 Priestly Drive, Suite 200 Carlsbad, CA 92008 (760) 496.3233 (760) 496.3332 Fax D•R•HORTDN® Ainemicd, &uglier CONTINENTAL SERIES Fax Transmittal TO: City of San Jacinto bate: November 2, 2004 FAX# 951.654.3728 RE: TTM# 31097 PH# FROM: Rain for Mark Sanchez ATTN: Dorothy Chouinard Pages: 2 Remarks: Thank you, Rain THESE ARE TRANSMITTED AS CHECKED BELOW: For Approval n For Review and Comment For Your Use ❑ Please Sign All Originals & Return to: Rain ASAP As Requested ❑ Other: Continued from 10/7/04 CC Meeting Appeal of Planning Commission Approval of Vesting Tentative Tract 31097 / Appellant: DR Horton — Continental Series / Uphold Planning Commission's approval of Vesting Tentative Tract 31097 / Continued from 8/19/04 / Applicant's (developer's) Request to continue to November 18, 2004 / Community Development Director AGENDA ITEM 3 • November 18, 2004 TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Approve and Adopt Resolutions Annexing Property to Landscaping, Lighting and Park District No. 2 (LLPD No. 2) of the City of San Jacinto — Annexation No. 13 (Park Meadows 171, LLC Tract 30878 & 30878-1) (LLPD No. 2, Annexation No. 13) RECOMMENDATION: 1. By motion, approve and adopt the following Resolution's: a. Resolution No. Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 13") b. Resolution No. Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 13"). c. Resolution No. Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 13"). 2. Conduct Public Hearing and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, by motion, approve and adopt Resolution No. Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments. Approt City Manager. Finance Director. BACKGROUND: In connection with the development of property owned by Park Meadows 171, LLC in the City of San Jacinto, County of Riverside (Tracts 30878 & 30878-1), the City has required that the property be annexed to LLPD No. 2 to finance the cost of maintaining and servicing various improvements that will benefit the property within that development. The property proposed to be annexed to the district will receive the special benefit of the improvements and will be assessed to pay the costs of installation, operation, maintenance and/or servicing of street lights, traffic signals, landscaped areas, municipal parks, drainage facilities, graffiti removal and incidental expenses of the assessment district. Staff is recommending that the City Council take all action that is necessary to annex the property to LLPD No. 2 during the City Council meeting on November 18, 2004. The owners of the property proposed to be annexed to LLPD No. 2 have waived all notice requirements pertaining to these annexation proceedings and have agreed to conduct the public hearing on any date deemed advisable by the City Council. The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich & Associates, Inc., to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the property to LLPD No. 2. The resolution of intention also schedules the public hearing on the annexation and the levy of the assessments upon the property proposed to be annexed to the District for November 18, 2004. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the record owner of the property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on November 18, 2004. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If annexed, the District would finance the cost of maintaining and servicing various improvements that will benefit the property Page 2 of 3 proposed to be annexed to the District, including street lights, traffic signals, landscaping, drainage facilities and graffiti removal. JUSTIFICATION: The adoptions of the resolutions are required to annex the territory into the District. BUDGETARY IMPACT: No cost is attributed to this action. ATTACHMENTS: Resolution No's. and Page 3 of 3 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 INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY (COMMONLY KNOWN AS PARK MEADOWS 171, LLC - TRACT 30878 AND 30878-1) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) ANNEXATION NO. 13 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 ANNEXATION NO. 13) WHEREAS, it has been determined by the City Council ("City Council") of the City of San Jacinto ("City") that the public interest, convenience and necessity require the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscape, drainage facilities and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2004-05 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the California Streets and Highways Code. Page 1 of 3 SECTION 2. SECTION 3. SECTION 4. SECTION 5. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. The property to be specifically charged for the maintenance and servicing of such improvements shall include all of the land generally located on the northwest corner of Lyon Avenue and Cottonwood Avenue in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 13 to Landscaping, Lighting and Park District No. 2". The property described in Exhibit "A" which is proposed to be included within the proposed boundaries of Annexation No. 13 to the District may be presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. GFB-Friedrich and Associates, Inc., the District's engineer ("Engineer"), is ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the annexation of the property Page 2 of 3 described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the maintenance and servicing of the improvements described in Section 2 hereof during fiscal year 2004-05. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council. ADOPTED, SIGNED AND APPROVED this 18th day of November, 2004, by the following vote: Ayes: Nays: Absent: Abstained: ATTEST: Dorothy L. Chouinard, City Clerk, APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. City of San Jacinto By, Jim Ayres, Mayor Page 3 of 3 EXHIBIT A Annexation No. 13 to Landscaping, Lighting and Park District No. 2 Legal Description Assessor Parcel Number: 431-160-006 through 431-160-009 A-1 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 APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) OF THE CITY OF SAN JACINTO (COMMONLY KNOWN AS PARK MEADOWS 171, LLC - TRACT 30878 AND 30878-1) (LLPD NO. 2, ANNEXATION NO. 13) WHEREAS, on November 18, 2004, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the Califomia Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineers Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1. The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of Page 1 of 2 SECTION 3. SECTION 4. SECTION 5. ADOPTED, following vote: Ayes: Nays: Absent: Abstain: ATTEST: passage of Resolution No. , are hereby preliminarily approved and confirmed. The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 13 to the District. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. SIGNED AND APPROVED this 18th day of November, 2004, by the Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. City of San Jacinto By, Jim Ayres, Mayor Page 2 of 2 ENGINEER'S REPORT Annexation No. 13: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: November 18, 2004 Confirmed Date: November 18, 2004 INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No. 13 to the district known as LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 in the CITY OF SAN JACINTO (hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals; the installation, maintenance and servicing of landscaped areas (parkways, medians, open space, detention/retention basins, etc.); the installation, operation, maintenance and servicing of municipal parks; the installation, operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items; all of which are located in public rights -of -way or easements in the District. Reference is hereby made to the: ENGINEER'S REPORT Formation of CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Fiscal Year 2003-2003, that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer's Report," which is hereby incorporated herein as though set forth in full. BOUNDARIES OF DISTRICT The proposed boundary of Annexation No. 13 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A" and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto City Hall). Exhibit "A" serves as the Assessment Diagram for Zone 13 of the District and a copy of said Exhibit "A" may be found in the Appendix to this Report. The boundary includes the parcels of land that are located in the vicinity of street lighting, landscaping, drainage and/or park improvements that were, or soon will be, installed as a condition of approval of a land development project; the operation and maintenance of which will be funded by this assessment district. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor's office or by a tract and parcel number legal description. Zones The 1972 Act provides for areas within a district to be classified into different zones. Annexation No. 13 to Landscaping, Lighting and Park District No. 2 is comprised of a single zone. The costs of the installation, operation, maintenance and servicing of the various improvements and facilities within this zone, will be separately determined, and incidental costs will be prorated and added to determine the total cost. This zone is comprised of Tract No. 30878 and 30878-1, and is designated as Zone 13. Future annexations will be assigned Zone designations; e.g. Zone 14, Zone 15, Zone 15A, Zone 16, etc., as appropriate. IMPROVEMENTS The authorized facilities and items of servicing and maintenance are described in the "Master Engineer's Report." Said description is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Zone 13 Improvements The improvements included in Zone 13 to be installed, operated, serviced, and maintained are street lighting; traffic signals; parkway and park/open space landscaping; park facilities; and drainage facilities (pipe, catch basins, junction structures, and connections to flood control channel). Also included is graffiti removal. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Plans and Specifications The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No. 13 are on file in the office of the City Clerk and are incorporated herein by reference. FINANCIAL ANALYSIS The estimated annual cost requirements for Zone 13, for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B," attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility, and for incidental costs to be funded by the District. LLPD No. 2 - Engineer's Report 2 Annexation No. 13 Notes: 1. Incidental Costs are prorated in proportion to the respective servicing and maintenance costs for each facility or improvement. Future annexations will be treated in a similar manner. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the total assessments among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements. Said method is described in the "Master Engineer's Report" and is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. ASSESSMENT FORMULA The basic formula used to calculate the amount allocated to each lot or parcel within the District for each type of improvement or facility is described in the "Master Engineer's Report." Said formula, including but not limited to, the table entitled "ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD," and subsections entitled Special Benefit Analysis, Street Classification and corresponding General Benefit (%), and Assessment of Public Property is included within this report by reference. LIMITATION ON INCREASE OF ANNUAL ASSESSMENT The City Council intends to increase assessments, on an annual basis when necessary, in accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles - Anaheim -Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics; provided however, that any such annual increase shall not exceed seven and one-half percent (7.5 %). The current Southern California telephone number for the Consumer Price Index (CPI) Hotline is (310) 235-6884. ASSESSMENT SPREAD The individual Zone 13 assessments, tabulated by Assessor's Parcel Number or other form of identification, are shown on the Assessment Spread on file in the Office of the City Clerk of the City of San Jacinto and attached hereto as Exhibit "C." The total cost of the improvements described in the "Improvements" section of the report for Annexation No. 13 for fiscal year 2004-2005 is estimated to be $112,613.98. The maximum annual assessment per Assessment Unit (AU - also equivalent to one single-family dwelling unit) for the 2004-2005 fiscal year is $658.56 per lot for Tract Nos. 30878 and 30878-1. LLPD No. 2-Engineer's Report 3 Annexation No. 13 DRICI AS OC., INC. OHN A. FRIEDRICH, P.E. ASSESSMENT ENGINEER Date: //-a¢ 24 LLPD No. 2 - Engineer's Report 4 Annexation No. 13 APPENDIX EXHIBITS Exhibit "A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit "C" - Assessment Spread — k n/A4lEN 4 a.EC:: or EXHIBIT "A" BOUNDARY MAP LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 ANNEXATION NO. 13 for the CITY OF SAN JACINTO — — - FISCAL YEAR 2004-2005 MUDDI. VIM 0 NC P— RI u I n :I 04 LDi L• d;_ . �-' _' -.=- li._ AVENUE — — �— _. i; % r �, .awn, m.. :x.. n: '''.2 - - - 69 — — — — — — — - - - - - - - - - - - I - PCL 2 P.M. 134 59 PCL 1 '^-^ � P M 55 /69 I 1 IR , SIWNYISIO0E DRIVE r-iIr � PARK / OPEN SPACE 00 - a . Ss REMAINDER / 1/ / / • I_I: PARCEL _) Ij r DT ./ Il E /I l 4/1/ / r1 1 IIIa•l NOT A PART I C• ZONE 13 DDEDNAEDD A.E SITE G AVE VICINITY MAP rat rLm w N6 OFFICE 0, ,NE COS ELM Or TS: CA OER� '' . CPI 0* SPROSSJL SEEM of iRb DE ME LT[E Of MI COUSTI MOTOR, LCYNM1 mv[RCa2. nuW E OF CISTRA ,Nw 1_. a_ Rc— arr LUDO( M! R[ffi4EM IEA NMFOP EACH LOI OR PARCEL WORN o2110f 0 ME 0SSESSMs FARM TAMER A5 A5503LD ATE MOM M 10255IX ASSESSOR'S 071ICE. F+E urp AND RMvmrrs FOR EACH IA. OR PARCEL Cr SEND MRM. ME GSA%T NK SNDRN ON ME oarsman's ouut MVS ON RE UI II[ MK'E OF ME OVERSEE COMM ASSESSOR. LEGEND ...0 SMEO IOW .SS0ANwT MIME eaxavn uxN PEN 570 ORE SCALE TRACT NO. 30878 & 30878-1 CITY OF SAN JACINTO LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2 Annexation No. 13 (Zone 13) COST ESTIMATE Item Quantity Una Unit Cosi/ Month street Ughts & Traffic signals Park Maintenance Landscape Maintenance Stonn Drain MaInt. Graffiti Removal TOTALS Cost/Mo. Costar. Cost/Mo. Costar. Cost/Mo. CostlYr. Cost/Mo. Cost/Yr. Cost/Mo. Cost/Yr. Per Month Per Year Tract Nos. 30878 & 30878-1 (171 Residential Lots) Street Lights and Traffic Slone' Street Lights 22,0001umen 13 Ea. $14.08 Imo $183.04 $2,196.48 5183.04 52,196.48 Less General Benefit: $14.08ILIght x 6-1/4 Light = (588.00) (51,058.00) ($88.00) ($1,058.00) 9,5130 lumen I 50 Ea. $9.62 Imo $481.00 $6,772.00 $481.00 55,772,00 Less General Benefit $9.821LIgM x 3 Lights = ($28.88) (5348.32), (525.85) (5348.32) Traffic Signal - Lyon Ave © Seventh 51 8 Lyon Ave ® Cottonwood Ave Maintenance Cost 2 L.S. $278.87 /rno $557.34 86,888.08 $557.34 58,888.08 Energy Cost($55/SIgnal/Month) I 2 L.S. $55.00 Moo $110.00 $1,320.00 $110.00 $1,320.00 Less General Benefit (60% for "Pass -through" Traffic and 30% for the non -project segments surrounding the signal = 90%) - both signals (8600.61) ($7,207.27) (5600.61) ($7,207.27) Note: Assessments for future traffic signals shall not be collected until said signals are Installed. perk Maintenance Resurface Tot Lot - 3 year intervals 3,172 x 1/3 S.F. $0.820 /yr $72.25 5887,01 $72.25 $867.01 Resurface Basketball Court - 5 year Intervals 5,040 x 1/5 S.F. $3.50 /yr $294.00 $3,528.00 $294.00 $3,528.00 Park Equipment Maintenance 8 Replacement 1 L.S. $500 /yr $41.67 $500.00 541.67 8500 00 Park / Open Space Landscaping (2 places) 203,03E S.F. 50.091 /yr $1,539.70 518,476.46 $1,539.70 518,476.48 Irrigation Water 203,038 S.F. $0.081 /yr 51,377,27 516,527.29 $1,377.27 516,527.29 Landscape Maintenance Parkways: Lyon Avenue 3,950 S.F. 50.088 /yr $347.60 $4,171.20 $347.60 $4,171.20 Seventh Street 7,087 S.F. $0.088 /yr $821.90 $7,482.75 8821.90 57,462.75 Walkway from Park (Lot 'K') to Ivy Crest Dr 6.900 S.F. $0.088 /yr $60720 $7,286.40 irrigation 17,917 S.F. $0.081 /yr $121.54 $1,458.44 $0.00 $0.00 Storm Drain Maintenance Storrs Drain 8 Catch Basins (In -tract) 11 Men-hr. $50 Imo $550.00 $8,600.00 5550.00 $6,600.00 Graffiti Removal (In-tractl 1 L.S. $225 /mo $225.00 $2,700.00 $225.00 $2,700.00 Subtotal, Maintenance and Servicing 5613.91 $7,386.97 $3,324.50 539,898.76 $1,698.23 $20,378.80 $550.00 $6,800.00 5225.00 52,700.00 56,412.04 $76,944.53 Contingency (10%) 861.39 57313.70 $332.49 53,989.88 5169.82 $2,037.88 555.00 5660.00 $22.50 5270.00 $641.20 $7,894.45 TOTAL, Maintenance and Servicing $675.31 58,103.86 $3,857.39 S43,888.54 51,868.06 $22,416.65 $805.00 87,260.00 $247.50 $2,970.00 $7,053.25 584,638.98 Incidental Costs Assessment Engineer 1 L.S. $4,280 /yr $34.15 $409.78 $184.95 $2,219.35 594.45 $1,133.55 $30.59 $367.12 $12.52 $150.19 $358.57 $4,280.00 Legal Counsel 1 L.S. $4,045 /yr 532.27 $387.28 $174.79 52,097.40 $89.28 $1,071.32 $28.91 5345.95 511.83 $141.94 $337.08 $4,045.00 City Adnsnistrallon 1 LS. $3,080 /yr $24.41 5292.9E $132.23 $1,588.73 $67.54 $810.44 $21.87 $262.47 $8.95 $107.38 $255.00 $3,060.00 C8y Inspection Costs 1 L.S. $7,980 tyr 583.67 $784.04 $344.83 $4,137.94 5178.13 $2,113.51 557.04 $884.49 $23.33 $280.02 85135.00 57,980.60 County Collection Fees 1 L.S. $220 /yr $1.76 $21.06 89.51 $114.08 54.86 $58.27 $1.57 $18.87 $0.64 $7.72 $18.33 $220.00 Miscellaneous 1 L.S. 82,890 /yr $21.48 $257.55 $118.24 $1,304.87 $59.37 $712.45 819.23 $230.74 57.87 $94.39 $224.17 $2,890.00 Reserve Fund 1 L.S. $5700 $45.48 $545.75 $248.31 $2,955.72 5125.80 51 509,60 $40.74 $488.88 $16.87 $200.04 5475.00 $5,700.00 TOTAL, Incidental Coats 827,975 /yr 5223.20 $2,878.46 51,208.85 514,506.18 $617.43 57,409.14 5199.98 52,399.54 501.81 $981.67 $2,331.25 $27,975.00 Coninbutlons to the District Developer $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL AMOUNT TO ASSESSMENT $898.51 $10,782.12 54,866.24 $58,394.82 52,485,49 $29,825.82 $804.95 $9,859.54 $329.31 $3,951.67 89,354.50 $112,813.98 Assessment per Lot = $858.58 October 13, 2004 B-1 Exhibit "B" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 13 (Zone 13) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($) Assessment per Parcel ($) TRACT Nos. 30878 & 30878-1 (171 Residential Lots) Phase 1 (77 Lots - 30878-1) Lot 1 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 2 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 3 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 4 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 5 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 6 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 7 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 8 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 9 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 10 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 11 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 12 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 13 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 14 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 15 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 16 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 17 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 18 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 19 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 20 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 21 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 22 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 23 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 24 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 25 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 26 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 27 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 28 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 29 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 30 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 31 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 32 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 33 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 34 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 C-1 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 13 (Zone 13) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($) Assessment per Parcel ($) Lot 35 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 36 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 37 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 38 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 39 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 40 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 41 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 42 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 43 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 44 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 45 Park Meadows 171, LLC. R1 nla 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 46 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 47 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 48 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 49 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 50 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 51 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 52 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 53 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 54 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 55 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 56 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 57 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 58 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 59 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 60 Park Meadows 171, LLC. R1 nla 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 61 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 62 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 63 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 64 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 65 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 66 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 67 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 68 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 69 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 70 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 71 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 C-2 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 13 (Zone 13) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($) Assessment per Parcel ($) Lot 72 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 73 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $858.56 $658.56 Lot 74 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 75 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 76 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 77 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Phase 2 (94 Lots - 30878) Lot 1 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 2 Park Meadows 171, LLC. R1 nla 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 3 Park Meadows 171, LLC. R1 nla 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 4 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 5 Park Meadows 171, LLC. R1 nla 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 6 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 7 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 8 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 9 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 10 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 11 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 12 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 13 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 14 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 15 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 16 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 17 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 18 Park Meadows 171, LLC. R1 nla 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 19 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 20 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 21 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 22 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 23 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 24 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 25 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 26 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 27 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 28 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 29 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 C-3 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 13 (Zone 13) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($)• Assessment per Parcel ($) Lot 30 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 31 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 32 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 33 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 34 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 35 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 36 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 37 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 38 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 39 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 40 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 41 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 42 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 43 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 44 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 45 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 46 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 47 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 48 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 49 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 50 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot51 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 52 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 53 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 54 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 55 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 56 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 57 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 58 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 59 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 60 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 61 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 62 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 63 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 64 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 65 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 66 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 C-4 Exhibit "C" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 13 (Zone 13) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($) Assessment per Parcel ($) Lot 67 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 68 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 69 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 70 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot71 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 72 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 73 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 74 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 75 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 76 Park Meadows 171, LLC. R1 nla 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 77 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 78 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 79 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 80 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 81 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 82 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 83 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 84 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 85 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 86 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 87 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 88 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 89 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 90 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 91 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 92 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 93 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 Lot 94 Park Meadows 171, LLC. R1 n/a 1.00 $63.05 $341.49 $174.42 $56.49 $23.11 $658.56 $658.56 TOTALS 171.00 $10,782.12 $58,394.82 $29,825.82 $9,659.54 $3,951.67 $112,613.98 Current Ownership: Park Meadows 171, LLC. Address: 110 N. Lincoln Avenue, #200, Corona, CA 92882 Applicant: Griffin Homes Address: C-5 Exhibit "C" 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 DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2), TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2004-05 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON FOR THE PROPERTY (COMMONLY KNOWN AS PARK MEADOWS 171, LLC — TRACT 30878 AND 30878-1) (LLPD NO. 2, ANNEXATION NO. 13) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the such improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No.1. WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Page 1 of 6 SECTION 1. Findings. The City Council of the City of San Jacinto finds that: SECTION 2. (a) The foregoing recitals are true and correct; (b) The report of GFB - Friedrich and Associates, Inc. (the "Report") contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council; (c) The assessments, which are proposed to be levied for fiscal year 2004-05 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and/or servicing of street lighting, traffic signals, graffiti removal, landscaping, drainage facilities and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal, landscaping, drainage facilities and appurtenant improvements; and (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1, and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2004-05 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. Page 2 of 6 SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 13 to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The property which is proposed to be annexed to the District and which comprises Annexation No. 13 is all the property which is identified by Riverside County Assessor's Parcel Numbers 431-160-006 through 431-160- 009. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 13 will be designated as Zone 13 of the District ("Zone 13"). The boundaries of Annexation No. 13 or Zone 13 are further described and shown in the Report. The territory included within Zone 13 is generally located in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1. SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of Annexation No. 13 and the Page 3 of 6 assessments which are proposed to be levied on the assessable Tots and parcels of property within Zone 13 for fiscal year 2004-05. SECTION 6. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 13 or Zone 13 of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles — Anaheim — Riverside Area; provided however that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one—half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessment ballots, which are to be mailed to the owners of assessable parcels of property in Annexation No. 13 or Zone 13, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. SECTION 7. Hearing. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District No.1, and the assessments which are proposed to be levied for fiscal year 2004-05 is set for 7:00 p.m. on November 18, 2004, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. SECTION 8. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation No. 13 or Zone 13 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular Page 4of6 parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 13 or Zone 13 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 18th day of November, 2004, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By, Jim Ayres, Mayor Page 5 of 6 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 6 of 6 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 ORDERING THE ANNEXATION OF TERRITORY (COMMONLY KNOWN AS PARK MEADOWS 171, LLC — TRACT 30878 AND 30878-1) TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2004-05 (LLPD NO. 2, ANNEXATION NO. 13) WHEREAS, on November 18, 2004, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 13" and "Zone 13," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the report of GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2004-05 upon assessable lots and parcels of land within the territory which comprises Annexation No. 13 to and Zone 13 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon was mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. , the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Page 1 of 5 SECTION 1. Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 13 is described in the Report and includes all of the property generally located on the northwest corner of Lyon Avenue and Cottonwood Avenue in the City of San Jacinto, County of Riverside. SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: SECTION 4. (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 13, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 13 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 13 of the Assessment District. The territory comprising Annexation No. 13 and Zone 13 of the Assessment District shall be and is Page 2 of 5 SECTION 5. SECTION 6. detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 13 of the Assessment District for fiscal year 2004-05 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 13 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. , and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 13 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index -All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 13 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 13. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Page 3 of 5 ADOPTED, SIGNED AND APPROVED this 18th day of November, 2004, by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attomey, City of San Jacinto Best, Best & Krieger, LLP. City of San Jacinto By, Jim Ayres, Mayor Page 4 of 5 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Govemment Code and Division 12, commencing with Section 17000 of the Elections Code of the State of Califomia, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 SPECIAL ELECTION ANNEXATION NO. 13 in the City, held on November 18, 2004. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: WITNESS my hand this 18th day of November, 2004 YES NO Dorothy L. Chouinard, City Clerk City of San Jacinto Page 5of5 AGENDA ITEM 3.3 November 18, 2004 TO: Honorable Mayor and Members of the City Council FROM: Steven G. Pasarow, Redevelopment Operations Manager S'-6 SUBJECT: Community Development Block Grant (CDBG) Program Public Hearing for Projects and Programs for Fiscal Year 2005/2006 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 the Fiscal Year 2005/2006; 2. Adjourn the Public Hearing until December 2, 2004. 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 the Fiscal Year 2005/2006, the City expects to receive approximately $230,000. CDBG funds may be used for public service activities, construction of public 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: • 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. Approv City Manager: Finance Director: Of the $230,000 in anticipated funding, a maximum of 15% ($34,500) may be used on public service activities and 85% ($195,500) for public facilities projects and non-public service programs. As a requirement of receiving CDBG funds, the City must provide the opportunity for public comment regarding program and project funding. This Public Hearing provides the opportunity for the City Council to receive public comments and suggestions for the use of the Fiscal Year 2005-06 Block Grant funded program and projects. On December 02, 2004, the City Council will hold another Public Hearing at which time the all of the City's anticipated CDBG funds should be allocated to programs and projects. The Notice of Funding Availability was published on September 23 and September 30, 2004. The Notice of Public Hearing for the selection of programs and projects was published during the weeks of November 8 and November 15, 2004. DISCUSSION The City received applications from non-profit organizations and City Departments during the month of October 2004, those applications are requesting funding in the upcoming fiscal year. After taking public comments and suggestions for funding consideration, the Council Sub -Committee will review and evaluate the applications and suggestions and make its recommendations for funding to the full City Council on December 02, 2004. 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 approval by the County Board of Supervisors before being forwarded to the U.S. Department of Housing and Urban Development for final approval. The Board of Supervisors are expected to take action on the programs and projects approved for funding as part of the County's One -Year Action Plan for FY 2005/2006 on or about April 26, 2005. The CDBG funds are expected to be made available to the City on July 01, 2005. BUDGETARY IMPACT: The City expects its annual CDBG allocation to be approximately $230,000 for FY 2005/2006. 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: None Page 2 of 2 AGENDA ITEM 4/1 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter Cosentini, City Manager and City Attorney SUBJECT: Public Works Director — Job Description and Recruitment RECOMMENDATION: Approve the attached job description creating a Public Works Director position, and authorize a director level recruitment. BACKGROUND: In early September 2004, the Council updated the Public Works Superintendent job description and we initiated a state wide recruitment to fill a vacancy in that position. We have conducted the state wide recruitment by advertising in a state wide periodical (jobs available) for approximately a 30-day period. The salary was advertised as open dependent on qualifications. We received three applications for the position. None of the applicants meet the minimum qualifications for the job. The staff and I reflected on our recruitment and offer the following observations for council's consideration. We believe that we had a poor showing for several reasons. First of all, if you look at our job description for Public Works Superintendent (copy attached), what you find is a superintendent level position that is expected to do a department head level job. The position is in charged of and responsible for the entire Public Works Department. Usually in a municipal organizational structure, a superintendent has a higher level position above them to take care of the higher level administrative work. Because the job description is a superintendent level classification, applicants are probably assuming we are intending to pay a salary commensurate with a superintendent position. Applicants may feel this situation is inequitable because a high level of responsibility is not being appropriately compensated. We are in essence, wanting someone to do a Public Works Director job and be paid at a superintendent level. Page 1 of 3 It is my observation, after working for the City of San Jacinto a little over a year and a half that we are growing at a rapid rate and the demands and needs of the Public Works Department are growing rapidly. In light of these observations, I would recommend the City Council approve the reclassification of the Public Works Superintendent position to a Public Works Director position. I really believe we have come to a point in our history where we need to upgrade this position to a director level position and to make a stronger commitment to the leadership that we need in the Public Works Department. The staff has advised me that we historically have possessed a Public Works Director Position. The attached organizational chart from the 1994-1995 budget documents reflects this fact. The Public Works Department is growing like the rest of our organization. The Department has approximately 21 employees which is a similar size to the Community Development Department which has a Department Director. I would intend to do a statewide recruitment for the new director position. I believe we should recruit the position with the salary open, depending on qualifications. I would recommend that we set the salary of the Public Works Director position dependent upon the candidates that we draw and the negotiations that ensue. With this approach, I would probably be discussing the salary range of the new director position with the Council in early 2005. JUSTIFICATION: I believe a director position is justified given our growth and the ultimate size of the city at build out. We eventually will be a community of approximately 80,000 to 100,000 people. Given the lack of administrative experience in a superintendent classification, I find a good portion of my time being consumed with Public Works Administrative tasks. We need to start paying a more competitive wage to our employees. BUDGETARY IMPACT: The cost of the Public Works Director will be more than the Public Works Superintendent. However, we will not know the cost until the recruitment and negotiations process concludes. I also believe that given our balanced budget position, we are in a more positive position to pay for the added skill level, I believe we need. The City's General Fund which is healthy can afford to pay a larger contribution for the Public Works Director since several of the functions are arguably general fund oriented (parks, drainage, and streets). Page 2of3 ATTACHMENTS: ■ Public Works Director Job Description ■ Public Works Superintendent ■ 1994-1995 Budget Organizational Chart Page 3 of 3 City of San Jacinto Job Description Personnel Department Adopted Resol. PUBLIC WORKS DIRECTOR Under administrative direction of the City Manager, duties will include the supervision of the Water Utilities Supervisor, Public Works Foreman, and the Landscaping and Irrigation Leadman, as well as interaction with customers. Will assist in the recruitment of staff and perform other personnel matters for the department, including evaluations and disciplinary action. The position plans, organizes, directs and coordinates a comprehensive program of public works services including water, sewer, drainage, solid waste, fleet management, parks, streets, landscaping, maintenance of public buildings and other duties as required. EXAMPLE OF DUTIES Prepares, recommends and administers the annual budget for the department. Attends administrative staff meetings, City Council meetings and represents the City at various other meetings as required. Will write a wide variety of reports, letters and communications. Manages and supervises all functions of the Public Works Department. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class: • Insure the accurate reports and records are maintained as well as other data collected in conformance with department requirements. • Manages and oversees the operation and maintenance of all Public Works functions. • Establishes and maintains management and procedural protocols. • Follows established regulations, guidelines, policies and procedures in the managing of the Public Works Department. • Oversee the contracts, operations and maintenance of all Public Works functions including but not limited to water, sewer, streets, solid waste, drainage, parks, landscaping, fleet management and maintenance of public buildings. • Establishes and maintains best management practices for the operation and maintenance of all Public Works functions. ABILITIES Prepare and administer an operating budget. Prepare comprehensive verbal and written reports. Lead, supervise, train, and evaluate personnel. Make presentations in public forums. Communicate clearly and concisely, both orally and in writing. EDUCATION AND/OR EXPERIENCE High School diploma or equivalent and specialized training in Public Works, water and sewer operations, and maintenance activities are required. Also required is a Bachelor's degree in Public Administration, Business, and Business Administration, Engineering or a related field. Also required is three (3) years public works program management experience, including two (2) years supervisory experience. LICENSES. CERTIFICATES AND SPECIAL REQUIREMENTS Possession of a Water Treatment Operator Grade 2, certificate from the State of Califomia Health Services, Department of Drinking Water. Possession of a Water Distribution Grade 3 certificate from the Califomia-Nevada Section, AWWA Possession of Cross Connection Control Program Specialist certificate is desirable. KNOWLEDGE Thorough professional knowledge of the following: Principles and practices of city planning, building/safety, commercial/industrial development. Principles of public management, budgeting and program planning. Principles of personnel administration, supervision and training. Principles of economic development and redevelopment activity. Principles of city, county and state relationships, functions and organization, SPECIAL REQUIREMENTS Must possess and maintain an appropriate valid California Driver's License. City of San Jacinto Personnel Department Job Description Adopted PUBLIC WORKS SUPERINTENDENT Resol. Under administrative direction of the City Manager, duties will include the supervision of the Water Utilities Supervisor, Public Works Foreman, and the Landscaping and Irrigation Leadman, as well as interaction with customers. Will assist in the recruitment of staff and perform other personnel matters for the department, including evaluations and disciplinary action. The position will manage and supervise all the functions of the Public Works Department, including water, sewer, drainage, solid waste, fleet management, parks, streets, landscaping, maintenance of public buildings and other duties as required. EXAMPLE OF DUTIES Prepares, recommends and administers the annual budget for the department. Attends administrative staff meetings, City Council meetings and represents the City at various other meetings as required. WIII write a wide variety of reports, letters and communications. Manages and supervises all functions of the Public Works Department. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class: • Insure the accurate reports and records are maintained as well as other data collected in conformance with department requirements. • Manages and oversees the operation and maintenance of all Public Works functions. • Establishes and maintains management and procedural protocols. • Follows established regulations, guidelines, policies and procedures in the managing of the Public Works Department. • Oversee the contracts, operations and maintenance of all Public Works functions including but not limited to water, sewer, streets, solid waste, drainage, parks, landscaping, fleet management and maintenance of public buildings. • Establishes and maintains best management practices for the operation and maintenance of all Public Works functions. ABILITIES Prepare and administer an operating budget. Prepare comprehensive verbal and written reports. Lead, supervise, train, and evaluate personnel. Make presentations in public forums. Communicate clearly and concisely, both orally and in writing. EDUCATION AND/OR EXPERIENCE High School diploma or equivalent and specialized training in Public Works, water and sewer operations, and maintenance activities are required. Deemed desirable but not required is a Bachelor's degree in Public Administration, Business, and Business Administration, Engineering or a related field. Also deemed desirable but not required is five (5) years public works program management experience, including three (3) years supervisory experience. LICENSES. CERTIFICATES AND SPECIAL REQUIREMENTS Possession of a Water Treatment Operator Grade 2, certificate from the State of California Health Services, Department of Drinking Water. Possession of a Water Distribution Grade 3 certificate from the Califomia-Nevada Section, AWWA. Possession of Cross Connection Control Program Specialist certificate is desirable. KNOWLEDGE Thorough professional knowledge of the following: Principles and practices of city planning, building/safety, commercial/industrial development. Principles of public management, budgeting and program planning. Principles of personnel administration, supervision and training. Principles of economic development and redevelopment activity. Principles of city, county and state relationships, functions and organization. SPECIAL REQUIREMENTS Must possess and maintain an appropriate valid Califomia Driver's License. /9pv- /975 $ i,d- PUBLIC WORKS MAINTENANCE DEPARTMENT PERSONNEL PUBLIC WORKS DIRECTOR s. PUBLIC WORKS SUPERINTENDENT MECHANIC MAINTENANCE WORKER II 2 STREET LIGHT MAINTENANCE 1 VEHICLE MAINTENANCE 1 LEADWORKER MAINTENANCE WORKER I 4-Existing 1-Proposed FUNCTIONS PARKS & LLMD MAINTENANCE 1 TREE TRIMMING 1 STREET CLEANING STREET MAINTENANCE 1 SEWER MAINTENANCE i BUILDING MAINTENANCE 1 74 AGENDA ITEM IL) --- November 18, 2004 TO: Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Bus Shelter Panel Advertisement RECOMMENDATION: The Ad -Hoc Committee for Bus Shelter Advertisement recommends that the City Council approve the Ad -Hoc Committee's recommendation, as outlined in this report, to have the City contract with the Hemet/San Jacinto Chamber of Commerce to manage the Bus Shelter Advertisement Program, with the City and Chamber splitting the profits and the Chamber contracting for maintenance service. BACKGROUND: As the Council will recall, on April 15, 2004, Council denied staff recommendation for the City to manage the bus shelter panel advertisement program (see attached staff report). The Council then created an Ad -Hoc Committee of one Council Member to bring back a recommendation and alternatives. The Ad -Hoc Sub -Committee, consisting of Council Member Shaw, has met and conferred with the City Manager and the Hemet/San Jacinto Chamber of Commerce Executive Director and he puts forward the following proposal for Council's consideration. The City will enter into a formal franchise agreement with the Hemet/San Jacinto Chamber of Commerce, which will outline the legal parameters of the contractual relationship. The Chamber will be in charged of and will manage the advertising program for our bus shelter panels. This would include the selling of the advertisement, the putting up and taking down of the advertisement, and the regular cleaning and maintenance of the bus shelters. The Chamber will set the rates for the advertisement. Chamber believes they can get $500/month for a single panel of advertisement. Staff originally estimated $200/month. The Chamber Executive has advised that Florida Avenue Bus Shelter advertisement brings in between $720 to $900/month. Ap6 r.; City Manager Finance Director:91 In light of the Chamber's marketing expectation, the annual revenue from this program with 7 bus shelters and 14 panels, at $500/month per panel, would be $84,000. Deducting the anticipated maintenance cost of $11,000/year, you have and estimated annual revenue in excess of maintenance costs of $73,000 /year. This does not include the Chamber of Commerce cost of managing the program. The proposed deal is that the Chamber and the City will split evenly (50/50) the net revenue after maintenance expenses. This would give the City and the Chamber each $36,500/year. All of the panels are currently filled with our Housing Rehabilitation Posters. The advertising would be free to the RDA until a contract is signed with the Chamber of Commerce. Once a contract is signed, we will drop the number of rehabilitation posters to 5 and allow for room for other vendors. We also need to replace the current advertisement to reflect our new revisions to the City's Housing Rehabilitation Program. Staff will re-evaluate the advertising needs of the Housing Rehabilitation Program in six months (May 2005) to see if dropping the number of panels rented is warranted. As other advertisement comes online, we would take out the Housing Rehabilitation Program advertisement and maintain a couple in an on -going way. The proposal also allows the City to have two advertisement panels, two weeks a month for City Public Service Announcements, such as City events, or the Ramona Pageant, or other non- profit endeavors that the Council approves. The franchise agreement will outline the most recent state of the art laws that, within the parameters of the law, regulate good taste so that we do not end up allowing advertisements of a questionable nature. OPTIONS: The Sub -Committee has come up with two other options for the Council, which include 1) having the City provide this program as outlined in the April 15, (staff report attached), and 2) have the City go out to bid again with commercial vendors. BUDGETARY IMPACT: A potential general fund revenue of $36,500/year. ATTACHMENTS: 1. April 15, 2004 Staff Report AGENDA ITEM 4. Z April 15, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: In -House Advertising RECOMMENDATION: It is recommended that the City Council appropriate $10,000 from the General Fund Reserve, for the in-house advertising program for bus shelter advertisement, and approve a weekly rental of $50.00, and a monthly rental of $200.00, for one bus shelter panel. BACKGROUND: As the Council is aware, we have been unsuccessful in acquiring an administrator to administer our advertisement in our 16-bus shelter panels (8 panels — 2 sides per panel). We were going to have a firm sell advertisement space in the City's 8-bus shelters on State Street. In light of the fact that no one has bid on this proposal, staff recommends that we go in-house with this task. The budget will be used to hire temporary help to go out and clean the bus shelters and change the advertisement in the 16-panels. We believe that each of the 16-panels can be rented for approximately $200.00/month. This will result in an annual income of $38,400.00 to the City's General Fund. This budget will be used to administer the advertisement program and clean the bus shelters. As this enterprise becomes more fruitful, and bus shelters proliferate, we will eventually hire a new Maintenance Worker to perform this task on an on -going basis. Due to the proliferation of lighting and landscape districts, we will soon hire a new Maintenance Worker to assist in the new parks. This revenue stream can assist in paying for a portion of this Maintenance Worker who will then have the assigned tasks of not only maintaining our new parks but also cleaning and changing the advertisement of our bus -shelters. Page 1 of 2 AGENDA ITEM 5.1 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simony— Finance Director SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and Payroll Checks RECOMMENDATION: 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 November 18, 2004 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid # s Cycle Dates Payroll Checks Cycle Date 69155-69418 November 18,2004 16833-16847 November 18,2004 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. Approvals City Manager: Finance Director: Page 1 of 1 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69155 10/29/04 Emergency service restoration inc. LAS162563 City hall bath clean up 010-2500-425.33-10 2,313.00 2,313.00 69156 10/29/04 Cna surety REQUEST 10/28/4 Notary public -errors & 010-1200-412.31-20 75.00 75.00 69157 10/29/04 Cna surety REQUEST 10/28/4 Notary public -bond 11/08 010-1200-412.31-20 50.00 50.00 69160 11/4/04 A-1 lock & key service 30201 30177 Supplies Supplies 010-3100-431.33-10 010-3100-431.33-10 54.70 13.23 67.93 69161 11/4/04 Absher, bill REQUEST 11/3/04 Reimb credit acct00010005 050-0000-308.09-10 26.22 26.22 69162 11/4/04 Advanced construction 7703-729 Services rendered 028-7100-410.40-01 20,000.00 20,000.00 69163 11/4/04 Aflac REQUEST 11/2/04 Ins premium for oct 2004 085-0000-202.21-27 1,047.55 1,047.55 69164 11/4/04 Anderlie, sherry REQUEST 10/28/4 Credit ref acct# 00002187 050-0000-308.09-10 3.81 3.81 69165 11/4/04 Arrendondo, gilberto REQUEST 10/28/4 Credit ref acct# 00002208 050-0000-308.09-10 7.79 7.79 69166 11/4/04 Barrio, eugene REQUEST 11/3/04 Reimb credit acct#1150042 050-0000-308.09-10 30.74 30.74 69167 11/4/04 California overnight 4372089 4404304 4404304 4436769 4436769 4436769 4436769 4436769 4436769 4436769 4436769 4436769 4436769 4436769 Postage Postage Postage Postage Postage Postage Postage Postage Postage Postage Postage Postage Postage Postage 010-4100-410.21-10 010-1110-411.21-10 010-4100-410.21-10 010-4100-410.21-10 010-1110-411.21-10 033-8850-500.30-90 026-7190-500.30-90 026-7190-500.30-90 026-7190-500.30-90 033-8850-500.30-90 400-4150-500.30-90 102-1400-500.21-10 102-1400-500.21-10 102-1400-500.21-10 22.84 16.31 18.75 28.34 30.40 8.48 2.00 2.00 1.99 5.34 5.33 8.48 5.48 5.48 161.22 69169 11/4/04 California public employees REQUEST 10/28/4 REQUEST 10/28/4 Health ins prem nov 2004 Health ins prem nov 2004 085-0000-202.21-39 010-1200-412.11-17 819.57 7.27 826.84 69170 11/4/04 Calpers REQUEST 11/2/04 Pers ret cont 10/28/04 085-0000-202.21-28 10,412.24 10,412.24 69171 11/4/04 Canaday & company REQUEST 10/28/4 Credit ref acct# 00002717 050-0000-308.09-10 95.18 95.18 Page 1 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69172 11/4/04 Cardenas, olga REQUEST 10/28/4 Credit ref acct# 00002215 050-0000-308.09-10 8.62 8.62 69173 11/4/04 Dan marana construction REQUEST 10/28/4 Credit ref acct# 00002748 050-0000-308.09-10 45.66 45.66 69174 11/4/04 Davidson, tod REQUEST 10/28/4 Credit ref acct# 00002427 050-0000-308.09-10 10.69 10.69 69175 11/4/04 Diehl evans & company Ilp REQUEST 10/20/4 Seminar registration 010-1400-414.31-20 175.00 175.00 69176 11/4/04 Empire homes REQUEST 11/3/04 Reimb credit acct00027304 050-0000-308.09-10 382.56 382.56 69177 11/4/04 Escobar, augustine REQUEST 11/3/04 Reimb credit acct00023009 050-0000-308.09-10 11.78 11.78 69178 11/4/04 Eye care of america REQUEST 11/2/04 REQUEST 11/2/04 Vision insurance nov 2004 Vision insurance nov 2004 085-0000-202.21-35 065-0000-201.08-64 385.61 154.46 540.07 69179 11/4/04 Fain, thomas REQUEST 11/3/04 Reimb credit acct00016013 050-0000-308.09-10 11.93 11.93 69180 11/4/04 Gardner d. thomas REQUEST 10/28/4 Credit ref acct# 00002117 050-0000-308.09-10 29.72 29.72 69181 11/4/04 Gregory, michael REQUEST 11/3/04 Reimb credit acct00015094 050-0000-308.09-10 42.18 42.18 69182 11/4/04 H. devine REQUEST 11/3/04 Reimb credit acct00021106 050-0000-308.09-10 154.97 154.97 69183 11/4/04 H.e devine REQUEST 11/3/04 Reimb credit acct00022044 050-0000-308.09-10 51.23 51.23 69184 11/4/04 Hartford life insurance companies REQUEST 11/2/04 Grp# 109947 def comp cont 085-0000-202.21-29 1,680.38 1,680.38 69185 11/4/04 Hartvigson, polly REQUEST 11/3/04 Reimb credit acct00029038 050-0000-308.09-10 27.17 27.17 69186 11/4/04 Hendrickson backhoe service REQUEST 11/3/04 Reimb credit acct00017023 050-0000-308.09-10 44.37 44.37 69187 11/4/04 Heritage home builders ACCT# 00002414 ACCT# 00004601 ACCT# 00002408 ACCT# 00002405 ACCT# 00002407 ACCT# 00002402 ACCT# 00002404 ACCT# 00002406 ACCT# 00002409 ACCT# 00002410 ACCT# 00002412 ACCT# 00002415 Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 11.47 38.53 35.88 29.60 42.94 18.31 7.71 11.47 11.47 12.61 25.18 11.47 402.72 Page 2 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69187... 11/4/04... Heritage home builders... ACCT# 00002466 ACCT# 00002578 ACCT# 00002581 ACCT# 00002645 ACCT# 00002647 ACCT# 00002651 ACCT# 00002654 ACCT# 00002655 ACCT# 00002660 ACCT# 00004600 Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund Credit refund 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 050-0000-308.09-10 11.47 14.61 13.47 12.04 18.03 13.47 13.47 26.01 12.04 11.47 402.72... 69189 11/4/04 Heritage homebuilders ACCT# 00002413 Credit refund 050-0000-308.09-10 38.16 38.16 69190 11/4/04 Hummell, charles REQUEST 11/3/04 Reimb credit acct00032073 050-0000-308.09-10 7.98 7.98 69191 11/4/04 Icma retirement trust REQUEST 11/2/04 Def comp cont oct 28,2004 085-0000-202.21-29 715.38 715.38 69192 11/4/04 Landon, susan REQUEST 10/28/4 Credit ref acct# 00002199 050-0000-308.09-10 21.88 21.88 69193 11/4/04 Lincoln life REQUEST 11/2/04 Def comp cont oct 28,2004 085-0000-202.21-29 110.00 110.00 69194 11/4/04 Long beach uniform co. 632981 Uniform supplies 010-3100-431.21-35 386.17 386.17 69195 11/4/04 Lopez, tina & juilo REQUEST 11/3/04 Reimb credit acct00065056 050-0000-308.09-10 24.03 24.03 69196 11/4/04 Martinez, marcella REQUEST 11/3/04 Reimb credit acct00022444 050-0000-308.09-10 19.62 19.62 69197 11/4/04 Martinez, socorro REQUEST 11/3/04 Reimb credit acct00020001 050-0000-308.09-10 3.74 3.74 69198 11/4/04 Martinez, tom & helen REQUEST 11/3/04 Reimb credit acct00022441 050-0000-308.09-10 30.61 30.61 69199 11/4/04 Metsker, virgil REQUEST 11/3/04 Reimb credit acct00032072 050-0000-308.09-10 68.26 68.26 69200 11/4/04 Moody, judy REQUEST 10/28/4 Credit ref acct# 00004026 050-0000-308.09-10 50.00 50.00 69201 11/4/04 Mt san jacinto ry storage REQUEST 11/3/04 Reimb credit acct00005552 050-0000-308.09-10 8.89 8.89 69202 11/4/04 Pacificare of california REQUEST 11/2/04 REQUEST 11/2/04 REQUEST 11/2/04 Health ins prem nov 2004 Health ins prem nov 2004 Health ins prem nov 2004 085-0000-202.21-39 085-0000-202.21-40 065-0000-201.08-64 14,450.12 1,092.28 6,901.74 22,444.14 69203 11/4/04 Parrott, tamiann REQUEST 11/3/04 Reimb credit acct00015119 050-0000-308.09-10 30.76 30.76 69204 11/4/04 Pre -paid legal services, inc. REQUEST 11/2/04 Payment for 10/2004 085-0000-202.21-87 89.76 89.76 Page 3 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69205 11/4/04 Preferred benefit insurance admin. REQUEST 11/2/04 REQUEST 11/2/04 Insurance dental nov 04 Insurance dental nov 04 085-0000-202.21-32 065-0000-201.08-64 1,941.19 524.34 2,465.53 69206 11/4/04 Quick lube REQUEST 10/28/4 Credit ref acct# 00002351 050-0000-308.09-10 58.35 58.35 69207 11/4/04 R. leon REQUEST 11/3/04 Reimb credit acct00019091 050-0000-308.09-10 38.68 38.68 69208 11/4/04 Ramona kennels REQUEST 11/3/04 Reimb credit acct00052086 050-0000-308.09-10 3.04 3.04 69209 11/4/04 Ramona tire REQUEST 11/3/04 Reimb credit acct00052257 050-0000-308.09-10 13.48 13.48 69210 11/4/04 Reynolds, harriet REQUEST 11/3/04 Reimb credit acct00010005 050-0000-308.09-10 38.01 38.01 69211 11/4/04 Rodriguez, noe REQUEST 11/3/04 Reimb credit acct00026082 050-0000-308.09-10 50.00 50.00 69212 11/4/04 Santoro, charlie REQUEST 11/3/04 Reimb credit acct00051128 050-0000-308.09-10 5.66 5.66 69213 11/4/04 Service employees international REQUEST 11/2/04 Seiu assoc dues oct 2004 085-0000-202.21-43 599.40 599.40 69214 11/4/04 Shandley, harlod & evelyn REQUEST 11/3/04 Reimb credit acct00012032 050-0000-308.09-10 43.26 43.26 69215 11/4/04 Sheldon, christina REQUEST 11/3/04 Reimb credit acct00010032 050-0000-308.09-10 40.46 40.46 69216 11/4/04 Standard insurance, the REQUEST 11/2/04 Life,ad&d,ins prem 11/04 085-0000-202.21-46 2,331.73 2,331.73 69217 11/4/04 Steinback, edwin REQUEST 11/3/04 Reimb credit acct00012020 050-0000-308.09-10 43.83 43.83 69218 11/4/04 Straffin development REQUEST 10/28/4 Credit ref acct# 00002599 050-0000-308.09-10 41.02 41.02 69219 11/4/04 Talley, joe jr. REQUEST 10/28/4 Credit ref acct# 00002045 050-0000-308.09-10 255.78 255.78 69220 11/4/04 Tri-lake consultants, inc. 2397 2397 2397 2397 2397 2404 2404 2404 2404 Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services 010-1700-417.30-90 010-1700-417.30-90 065-0000-201.08-10 065-0000-201.08-83 065-0000-201.08-85 010-1700-417.30-90 010-1700-417.30-90 065-0000-201.08-10 065-0000-201.08-85 1,280.00 900.00 1,380.00 120.00 5,660.00 200.00 2,700.00 340.00 1,440.00 14,020.00 69221 11/4/04 Troast, helma REQUEST 11/3/04 Reimb credit acct00012007 050-0000-308.09-10 46.26 46.26 69222 11/4/04 Turpin, james REQUEST 11/3/04 Reimb credit acct00017037 050-0000-308.09-10 53.37 53.37 69223 11/4/04 United way of hemet REQUEST 11/2/04 Contributions oct 2004 085-0000-202.21-80 98.88 98.88 Page 4 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69224 11/4/04 Veeco food stores REQUEST 11/3/04 Reimb credit acct00014026 050-0000-308.09-10 14.61 14.61 69225 11/10/04 Starner, edward I. REQUEST 11/8/04 Interim superintendent 010-4200-410.10-04 2,617.20 2,617.20 69226 11/10/04 Msa REQUEST 11/3/04 Training-haz mat first 010-4150-410.31-20 50.00 50.00 69227 11/10/04 Hoffman, rick REQUEST 11/8/04 Sound system -veterans day 010-2510-425.40-08 100.00 100.00 69228 11/10/04 Miller, bob REQUEST 11/8/04 Bugles player -veterans da 010-2510-425.40-08 50.00 50.00 69229 11/10/04 So. california edison co. REQUEST 11/8/04 Under ground meter museum 028-7100-410.40-01 59.00 59.00 69230 11/12/04 Ayres, jim REQUEST 11/12/4 Reimb-frames veteran's da 010-2510-425.40-08 59.14 59.14 69300 8/16/04 Advanced construction 7703-724 Professional services 029-8662-410.40-01 26,000.00 26,000.00 69301 8/16/04 Brinks home security REQUEST 8/16/04 Installation of sec systm 010-3300-431.40-01 683.99 683.99 69304 11/18/04 Accela PA36589 PA36316 2005MA438 Professional services Software program Software program 010-3300-431.34-05 010-3300-431.40-45 010-3300-431.30-90 640.00 4,363.88 1,051.75 6,055.63 69305 11/18/04 Accountemps 12022711 11915276 11958917 11973446 12074683 Temp employees Temp employees Temp employees Temp employees Temp employees 010-1700-417.30-90 010-3300-431.30-90 010-3300-431.30-90 010-3300-431.30-90 010-1700-417.30-90 363.30 278.53 859.81 696.33 829.54 3,027.51 69306 11/18/04 Advanced construction 7703-730 Professional services 029-8662-410.40-01 50,000.00 50,000.00 69307 11/18/04 Aep NOV 41 Aep full membership dues 010-1700-417.31-20 100.00 100.00 69308 11/18/04 Al's kubota tractor 176518 176520 177667 Supplies Supplies Supplies 010-7100-410.21-80 010-7100-410.21-80 010-7100-410.21-80 97.34 5.00 7.80 110.14 69309 11/18/04 All american sewer tools 41260 Supplies 055-4170-450.33-30 1,536.49 1,536.49 69310 11/18/04 Amy greve-dutton REQUEST 10/26/4 REQUEST 10/26/4 Dep refund acct#10020644 Dep refund acct#10020644 050-0000-229.08-70 050-0000-308.09-10 50.00 11.36 61.36 69311 11/18/04 Anady's trophies 47591 47581 48277 Supplies Supplies Supplies 096-1700-417.21-10 096-1700-417.21-10 010-1100-411.21-10 16.16 9.70 37.71 63.57 Page 5 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69312 11/18/04 Archive management service 5163 70810 Office supplies Office supplies 010-1110-411.34-05 010-1110-411.34-05 50.00 50.00 100.00 69313 11/18/04 Arrow printing 3900 3926 3921 3937 Supplies Office supplies Office supplies Office supplies 010-2500-425.21-10 010-3100-431.36-10 010-3100-431.36-10 010-3100-431.35-10 584.01 169.17 310.32 279.61 1,343.11 69314 11/18/04 At & t 10/22/04 6478 Telephone 010-2500-425.35-16 22.02 22.02 69315 11/18/04 B & w pipe & supply 66902 Supplies 010-7100-410.33-30 316.12 316.12 69316 11/18/04 Bagnell, keith REQUEST 10/26/4 Dep refund acct#00000136 050-0000-229.08-70 64.55 64.55 69317 11/18/04 Bay construction REQUEST 10/26/4 Deposit refund acct#2719 050-0000-229.08-70 506.61 506.61 69318 11/18/04 Behie, barclay REQUEST 10/26/4 Dep refund acct#10023057 050-0000-308.09-10 43.43 43.43 69319 11/18/04 Brinks home security 109815720 9/28 Alarm services 010-3300-431.34-05 34.99 34.99 69320 11/18/04 C r & r incorporated REQUEST 10/21/4 Proceeds trash/rec sep 04 059-8052-450.34-05 92,572.70 92,572.70 69321 11/18/04 California overnight 4504448 4498674 4477569 Postage Postage Postage 010-3300-431.21-10 010-3300-431.21-10 010-3300-431.21-10 56.70 59.26 54.83 170.79 69322 11/18/04 Ced consolidated electrical 2983-431950 2983-431842 2983-432087 Supplies Supplies Supplies 025-7260-410.21-30 025-7260-410.21-30 050-9000-450.33-30 309.03 87.57 12.31 408.91 69323 11/18/04 Central county united way REQUEST 10/25/4 Contrubution triathlon 010-1110-411.30-90 500.00 500.00 69324 11/18/04 Comserco 01/MA5021289 Maint billing nov 2004 010-3100-431.34-05 86.10 86.10 69325 11/18/04 Costco - temecula 1428 Supplies 010-2500-425.21-10 127.92 127.92 69326 11/18/04 Cotton/bridges/association 48171221-17 Professional services 010-1700-417.30-90 6,325.25 6,325.25 69327 11/18/04 Cottonwood growers 6919 Supplies 010-7100-410.33-30 242.43 242.43 69328 11/18/04 David evans and associates, inc. 15-154038 18-155976 Professional services Professional services 010-1700-417.30-90 010-1700-417.30-90 2,903.68 2,732.11 5,635.79 69329 11/18/04 David taussig & associates, inc. 4070258 Professional services 034-8850-500.30-90 2,914.65 2,914.65 69330 11/18/04 Db backflow service 102404C Services rendered 010-7100-410.33-30 162.93 162.93 Page 6 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69331 11/18/04 Dept. of health services 90876F Services rendered 010-3100-431.33-10 205.50 205.50 69332 11/18/04 Dewey pest control 2071573 2071571 Pest control Pest control 010-2500-425.34-05 010-2500-425.34-05 40.00 30.00 70.00 69333 11/18/04 Dewey's electric 9/28/04 Services renderd 010-1700-417.33-10 75.00 75.00 69334 11/18/04 Duran, tony REQUEST 10/26/4 Dep refund acct#10021137 050-0000-229.08-70 3.69 3.69 69335 11/18/04 E.s. babcock & sons, inc. AJ41412-0278 AJ42014-0278 AJ41990-0278 AJ42086-0278 AJ42087-0278 AJ41826-0278 AJ41630-0278 AJ41845-0278 Analysis Analysis Analysis Analysis Analysis Analysis Analysis Analysis 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 60.00 1,420.00 1,360.00 48.00 12.00 90.00 1,300.00 20.00 4,310.00 69336 11/18/04 Eastern municipal water district 10/15/04 898590 10/15/04 940680 10/15/04 940690 10/15/04 667030 10/15/04 788920 10/15/04 788930 10/15/04149042 10/15/04147986 9/21/04 8626704 10/19/04 940670 10/19/04 962670 10/19/04 940702 10/19/04 957460 10/19/04 462500 10/19/04 945130 10/19/04166238 Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 301-8833-500.35-10 13.84 170.36 6.86 1,075.68 9.48 6.86 13.84 6.86 835.52 6.86 278.06 10.29 534.77 458.37 1,327.80 1,971.09 7,552.38 Page 7 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69336... 11/18/04... Eastern municipal water district... 10/19/04 166236 10/19/04 166236 Utilities Utilities 301-8833-500.35-10 301-8833-500.35-10 347.98 477.86 7,552.38... 69338 11/18/04 Esgil corporation 10-04-3413 Professional services 010-3300-431.30-90 15,898.42 15,898.42 69339 11/18/04 Essco 6999 Supplies 055-4170-450.33-30 152.18 152.18 69340 11/18/04 Family sport & fitness 183 183 183 183 183 183 183 183 183 183 183 183 183 183 Oct 2004 Oct 2004 Oct 2004 Oct2004 Oct 2004 Oct 2004 Oct 2004 Oct 2004 Oct 2004 Oct 2004 Oct 2004 Oct 2004 Oct2004 Oct2004 010-1110-411.11-10 010-1200-412.11-10 010-1400-414.11-10 010-1700-417.11-10 010-3100-431.11-10 010-3300-431.11-10 010-4150-410.11-10 010-4200-410.11-10 010-7100-410.11-10 010-7400-425.11-10 050-9000-450.10-01 085-0000-202.21-76 096-1700-417.11-10 099-1700-417.11-10 20.00 20.00 70.00 30.00 10.00 30.00 140.00 10.00 30.00 10.00 10.00 40.00 30.00 10.00 460.00 69342 11/18/04 Faulkner, jacob REQUEST 10/26/4 Dep refund acct#50008002 050-0000-229.08-70 10.51 10.51 69343 11/18/04 Federal express 7-666-99472 Postage 010-1210-412.21-10 21.25 21.25 69344 11/18/04 Genesis construction REQUEST 10/27/4 REQUEST 10/27/4 Progress payment 24 Progress payment 24 054-9000-450.40-01 054-0000-210.20-25 17,745.10 -887.26 16,857.84 69345 11/18/04 Gfb-friedrich & assoc., inc. 0408-22 Professional services 102-1400-500.30-90 1,114.27 1,114.27 69346 11/18/04 Granger's plumbing 786 767 Utilities Servcies rendered 010-7400-425.33-10 010-7400-425.33-10 57.16 72.73 129.89 69347 11/18/04 Hasson inc. REQUEST 10/26/4 Dep refund acct#30002637 050-0000-229.08-70 62.48 62.48 69348 11/18/04 Hemet valley tool & supply 69575 Supplies 010-4150-410.21-80 118.01 118.01 69349 11/18/04 Hernandez, jesus REQUEST 10/26/4 Dep refund acct#00000337 050-0000-229.08-70 145.11 145.11 69350 11/18/04 Hogle-ireland 7382 Professional services 010-1700-417.30-90 211.25 19,492.50 Page 8 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69350... 11/18/04... Hogle-ireland... 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7382 7469 7469 7469 7469 7469 7469 7469 7469 7469 Professional services Professional services Professional services Professional services Professional servcies Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 170.00 1,755.00 2,956.25 106.25 127.50 297.50 710.00 42.50 166.25 297.50 68.75 148.75 467.50 786.25 21.25 2,615.00 170.00 510.00 282.50 255.00 127.50 255.00 1,317.50 297.50 743.75 127.50 212.50 42.50 85.00 19,492.50... Page 9 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69350... 11/18/04... Hogle-ireland... 7469 7469 7469 7469 7469 7469 7469 7469 7469 7469 7382 7382 Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional servcies Professional servcies 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 010-1700-417.30-90 170.00 42.50 85.00 85.00 871.25 828.75 208.75 680.00 361.25 85.00 318.75 382.50 19,492.50... 69354 11/18/04 Home depot credit services 6637-165434 6637-165440 6637-165456 6181351 2191384 2191383 1014062 2191385 4159887 191397 Supplies Supplies Supplies Supplies Office supplies Office supplies Utilities Utilities Office supplies Supplies 010-3100-431.33-10 010-3100-431.33-10 010-3100-431.33-10 010-3100-431.33-10 010-3100-431.33-10 010-3100-431.33-10 010-7100-410.21-80 010-7100-410.33-30 010-1700-417.33-10 096-9700-470.40-01 288.65 32.30 13.99 227.98 -36.64 -47.25 172.27 312.48 31.43 694.31 1,689.52 69355 11/18/04 Horizon water 10/18 CITY HALL 10/18 POLICE 10/18 VIR LEE Office supplies Office supplies Office supplies 010-2500-425.21-10 010-3100-431.35-10 010-2500-425.34-05 41.50 24.00 41.60 107.10 69356 11/18/04 Hte user's group, inc. SAJA2005 Membership renewal 010-1400-414.30-16 150.00 150.00 69357 11/18/04 Inland chevrolet CTCS175384 Supplies 010-4150-410.33-50 92.06 92.06 69358 11/18/04 J & j automotive 19259 19241 Auto supplies Auto supplies 055-4170-450.33-50 050-9000-450.33-50 556.74 51.66 618.40 Page 10 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69358... 11/18/04... J & j automotive... 19281 Auto repair 010-4150-410.33-50 10.00 618.40... 69359 11/18/04 Joni b. goodman 03-11 July,aug,sept,oct 2004 010-2500-425.30-90 3,200.00 3,200.00 69360 11/18/04 Kimmel france REQUEST 10/26/4 Dep refund acct#40002208 050-0000-229.08-70 128.97 128.97 69361 11/18/04 Lancaster inspection services 04-21 10/25/04 to 11/05/04 010-3300-431.10-04 3,040.00 3,040.00 69362 11/18/04 Lawyer, kimberly REQUEST 10/26/4 Dep refund acct#60006057 050-0000-308.09-10 110.52 110.52 69363 11/18/04 Long beach uniform co. 631354-01 638419 Uniform supplies Uniform supplies 010-3100-431.21-35 010-3100-431.21-35 242.28 1,631.50 1,873.78 69364 11/18/04 Main street realty REQUEST 10/26/4 Dep refund acct#00000048 050-0000-308.09-10 306.77 306.77 69365 11/18/04 Mc master -carr supply co. 11948327 Supplies 055-4170-450.33-30 39.25 39.25 69366 11/18/04 Micro mobile 11747 Services rendered 010-4150-410.33-50 75.00 75.00 69367 11/18/04 Mission uniform services, inc. 17920863 17920860 17920860 17920861 17921852 17921852 17921853 17921855 17920868 Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies 010-4150-410.21-35 050-9000-450.21-35 055-4170-450.21-35 010-4200-410.21-10 055-4170-450.21-35 050-9000-450.21-35 010-4200-410.21-10 010-4150-410.21-35 010-7400-425.33-10 50.01 35.42 15.82 6.07 12.76 41.38 6.07 49.09 24.55 241.17 69368 11/18/04 Mounted international 791 799 Supplies western blankets Supplies 010-3100-431.30-90 010-3100-431.30-90 2,715.30 581.85 3,297.15 69369 11/18/04 National business furniture MD1306-SIN MD1306-PAT Furniture Furniture 010-3300-431.40-45 010-3300-431.40-45 1,133.60 407.64 1,541.24 69370 11/18/04 Overnight industrial 25149 25082 25152 Supplies Supplies Supplies 010-7100-410.21-35 055-4170-450.33-30 050-9000-450.33-30 47.19 80.81 27.91 155.91 69371 11/18/04 Pacific alarm svc., inc. 43998 43998 43998 Alarm services Alarm services Alarm services 010-7100-410.34-05 050-9000-450.34-05 010-4200-410.34-05 18.00 118.50 198.50 920.00 Page 11 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69371... 11/18/04... Pacific alarm svc., inc.... 43998 43998 46222 46222 46222 46222 46222 Alarm services Alarm services Alarm services Alarm services Alarm services Alarm services Alarm services 010-2500-425.34-05 010-6500-425.34-05 010-4200-410.34-05 050-9000-450.34-05 010-7100-410.34-05 010-2500-425.34-05 010-6500-425.34-05 87.00 38.00 198.50 118.50 18.00 87.00 38.00 920.00... 69372 11/18/04 Paetec communications, inc. 1412167 Telephone 010-3100-431.35-16 2,080.40 2,080.40 69373 11/18/04 Pasarow, steven REQUEST 10/25/4 Mileage reimb 096-1700-417.31-15 129.38 129.38 69374 11/18/04 Pins & needles embroidery 3166 3052 Uniforms Uniforms 029-8662-417.30-90 029-8662-417.30-90 159.47 79.74 239.21 69375 11/18/04 Pju telecomm 11993 11893 Telephone Telephone 010-1700-417.33-10 010-2500-425.35-16 439.42 1,215.41 1,654.83 69376 11/18/04 Press enterprise 2414034 2414035 2427948 2450081 2461633 Advertisment Advertisment Advertisment Advertisment Advertisment 010-1210-412.36-25 010-1210-412.36-25 010-1210-412.36-25 010-1700-417.36-25 010-1700-417.36-25 380.04 402.23 403.88 108.15 123.00 1,417.30 69377 11/18/04 Quality auto parts D718042 D689005 D693589 D709794 D708895 D716446 D709935 D710082 D709948 D708946 D711814 Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies 055-4170-450.33-30 050-9000-450.33-30 050-9000-450.33-30 010-4150-410.33-50 056-4150-410.33-50 010-4150-410.33-50 056-4150-410.33-50 010-4150-410.33-50 056-4150-410.33-50 056-4150-410.33-50 056-4150-410.33-50 3.22 12.38 2.72 15.43 3.21 254.62 36.59 21.22 6.89 3.76 3.36 443.51 Page 12 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69377... 11/18/04... Quality auto parts... D716434 D716995 D716403 D716906 D716402 D716305 D716260 D714554 D712089 D712983 D711418 D711946 11/01/04 Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 2.04 1.79 3.09 7.49 -3.77 3.79 17.96 16.86 16.15 1.20 2.90 8.57 2.04 443.51... 69379 11/18/04 Quinlan publishing group 92581CIPO ZB501 Zoning bulletin 010-3300-431.21-15 147.00 147.00 69380 11/18/04 Ramona animal shelter, inc. 10/15/04 September 2004 010-3320-431.34-05 4,424.42 4,424.42 69381 11/18/04 Reliable SMZ34501 ZPF25000 ZPK17500 Z9B03801 DML19098 SPM63900 SPM63900 SPM63900 ZPY09800 ZPY09800 ZPY00100 SPB54800 ZPY09801 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies 010-3300-431.21-10 010-4200-410.21-10 010-4200-410.21-10 010-3300-431.34-05 010-3300-431.34-05 010-2500-425.21-10 010-3300-431.21-10 010-1700-417.21-10 010-1110-411.21-10 010-4100-410.21-10 055-4170-450.21-10 010-1110-411.21-10 010-1110-411.21-10 270.96 19.10 50.72 269.36 -270.96 83.72 111.46 181.83 31.97 5.28 140.55 46.04 111.20 1,051.23 69382 11/18/04 Riverside county sheriffs SH0000002752 Booking fees 010-3100-431.30-19 4,416.00 4,416.00 Page 13 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69383 11/18/04 Riverside, county of REQUEST 10/26/4 Sept 2004 010-0000-304.03-35 141.00 141.00 69384 11/18/04 Riverside, county of 1178 Assessor maps 010-1700-417.21-10 21.00 21.00 69385 11/18/04 Riverside, county of 90917A Surveys 099-1700-417.30-90 3,855.75 3,855.75 69386 11/18/04 Rod's automotive performance 141021005 Auto repair 010-3100-431.33-50 48.00 48.00 69387 11/18/04 Rosenow spevacek group inc. 15026 Servcies rend sept 2004 099-1700-417.30-90 2,372.50 2,372.50 69388 11/18/04 Salgado, John REQUEST 10/26/4 Dep refund acct#20031037 050-0000-229.08-70 123.30 123.30 69389 11/18/04 Shaffer pools, inc. REQUEST 10/26/4 REQUEST 10/26/4 REQUEST 10/26/4 REQUEST 10/26/4 REQUEST 10/26/4 Permit reimbursement Permit reimbursement Permit reimbursement Permit reimbursement Permit reimbursement 010-0000-308.06-01 010-0000-303.02-21 010-0000-308.06-30 010-0000-308.06-11 065-0000-201.08-68 403.30 132.12 4.46 22.27 2.22 564.37 69390 11/18/04 Sharps ace hardware 648583 Supplies 055-4170-450.21-35 30.11 30.11 69391 11/18/04 Shred it 5097158 Servcies rendered 010-3100-431.21-10 85.00 85.00 69392 11/18/04 Smart & final 9257 9257 9257 Supplies Supplies Supplies 010-1700-417.21-10 010-3300-431.21-10 096-1700-417.21-10 28.44 28.44 28.44 85.32 69393 11/18/04 Staples credit plan 114239 114239 125670 125670 125670 125670 213433 213433 265792 206283 405864 620853 620853 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies 010-3300-431.21-10 010-1700-417.21-10 010-3300-431.40-45 010-1700-417.21-10 010-3300-431.21-10 096-1700-417.21-10 096-1700-417.21-10 010-1700-417.21-10 010-3300-431.21-10 010-3300-431.40-45 010-2500-425.21-10 010-1700-417.40-45 010-3300-431.40-45 336.93 112.31 161.60 86.91 86.91 86.91 127.97 67.53 366.31 240.33 188.41 355.53 96.96 3,143.76 Page 14 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69393... 11/18/04... Staples credit plan... 101342 101342 101342 5577187 Office supplies Office supplies Office supplies Office supplies 010-1700-417.40-45 096-1700-417.21-10 010-2500-425.21-10 010-1700-417.40-45 161.60 16.14 4.95 646.46 3,143.76... 69395 11/18/04 Staterbros 121025 1211104 Supplies Supplies 010-1700-417.31-20 010-1110-411.21-10 15.46 17.85 33.31 69396 11/18/04 Strattons janitorial service 875 Cleaning fees oct 2004 010-1700-417.34-05 425.00 425.00 69397 11/18/04 Subbarayan krishnan, m.d. FRANKLIN 10/6/4 BAEZA-10/21/04 Pre-empl class b City sj dmv cpe 010-1210-412.30-90 010-1210-412.30-90 265.00 95.00 360.00 69398 11/18/04 Tac exterminators of hmt. 6251 Pest control 010-7400-425.34-05 60.00 60.00 69399 11/18/04 Texaco fleet management STMT 10/1/2004 Diesel sept 2004 056-4150-410.21-70 690.89 690.89 69400 11/18/04 Thompson publishing group 5531352 10/13/4 Ada complaince guides 010-3300-431.21-15 395.00 395.00 69401 11/18/04 Tierra west appraisal 4392 Professional services 065-0000-201.08-86 3,000.00 3,000.00 69402 11/18/04 Torrez, salvador REQUEST 10/26/4 Dep refund acct#10004029 050-0000-229.08-70 2.39 2.39 69403 11/18/04 Trans union Ilc 10450127 9450660 Credit checks Credit check fees 050-1400-414.34-11 050-1400-414.34-11 85.03 102.00 187.03 69404 11/18/04 Tri-lake consultants, inc. 2401 2502 2503 2499 2493 2496 2497 2498 2501 2492 2492 2492 2492 Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services 029-8662-417.30-90 022-4150-410.40-01 022-4150-410.40-01 052-9000-450.40-01 054-9000-450.40-01 039-4155-410.40-01 022-4150-410.40-01 010-4149-410.40-01 022-4150-410.40-01 010-1700-417.30-90 065-0000-201.08-85 065-0000-201.08-10 010-0000-308.06-09 7,733.32 767.50 547.50 380.00 1,452.13 140.00 67.25 294.01 32.88 1,440.00 1,020.00 200.00 540.00 71,754.83 Page 15 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69404... 11/18/04... Tri-lake consultants, inc.... 2492 2492 2492 2505 2504 2500 2495 2494 2491 2491 Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services 010-1700-417.30-90 010-1700-417.30-90 065-0000-201.08-83 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-45 029-8662-417.30-90 010-1700-417.30-90 010-4100-410.30-90 010-4100-410.30-94 1,400.00 600.00 1,480.00 9,607.31 14,704.20 207.50 12,309.56 2,322.50 7,218.00 7,291.17 71,754.83... 69406 11/18/04 Underground service alert 2004100612 2004100612 Supplies Supplies 050-9000-450.33-30 055-4170-450.33-30 111.10 111.10 222.20 69407 11/18/04 Union bank of california REQUEST 10/27/4 Retention payment 24 054-0000-101.11-15 887.26 887.26 69408 11/18/04 Union bank- corp. trust divison 3 Adm billing 10/04-09/05 046-8800-450.30-90 1,590.00 1,590.00 69409 11/18/04 Valley diesel 4092 4089 4088 Auto repair Auto repair Auto repair 056-4150-410.33-50 010-4150-410.33-50 010-4150-410.33-50 55.00 118.23 55.00 228.23 69410 11/18/04 Valley economic development 10/13/04 Memebership/investment 096-1700-417.30-16 14,000.00 14,000.00 69411 11/18/04 Valley wide recreation REQUEST 10/26/4 Cdbg reimb july-sept 2004 029-8660-410.30-12 2,255.70 2,255.70 69412 11/18/04 Vulcan materials company 316265 320445 Supplies Supplies 010-4150-410.33-30 010-4150-410.33-30 201.82 279.88 481.70 69413 11/18/04 Western fire co. 30730 30788 Supplies Supplies 010-1700-417.33-10 010-3100-431.21-18 50.50 41.34 91.84 69414 11/18/04 Westminister investments REQUEST 10/26/4 Dep refund acct#10026028 050-0000-229.08-70 114.40 114.40 69415 11/18/04 Wetworks pool care STMT 11/01/04 Services rendered 010-8400-425.33-10 798.52 798.52 69416 11/18/04 Xerox corporation 5620406 5955596 5955614 Lease on copiers Lease on copiers Lease on copiers 010-4200-410.34-05 010-2500-425.34-05 010-3100-431.34-05 202.87 739.58 531.82 1,474.27 69417 11/18/04 Yeaton, harvey REQUEST 10/26/4 Dep refund acct#00000213 050-0000-229.08-70 129.59 129.59 Page 16 City of San Jacinto Warrant Register Date: 11/18/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 69418 11/18/04 Zee medical 140701819 Supplies 010-3100-431.21-18 81.03 81.03 Total Checks 495,202.08 Page 17 GE ..A MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 4, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order Mayor Jim Ayres called the Regular Meeting of the San Jacinto City Council to order at 7:04 p.m. 1.2 Roll Call Present: Jim Ayres, Jim Conner, Ken Shaw, Dale Stubblefield Absent: Chris Carlson-Buydos 1.3 Invocation Council Member Ken Shaw gave the invocation. 1.4 Pledge of Allegiance City Treasurer Jim Potts led the Pledge of Allegiance Vice Mayor Chris Carlson-Buydos joined the meeting at 7:06 p.m. 1.5 Special Presentations 1.5.1 Acknowledgement of Mac McCall's (Pubic Works Inspector) services to the City of San Jacinto City Engineer Habib Motlagh highlighted Mr. McCall's service to the City of San Jacinto. Mayor Ayres echoed Engineer Motlagh's comments, noting the dedication for the infrastructure he's inspected and presented Mr. McCall with a plaque. 2. PUBLIC COMMENTS: None City Council Minutes November 4, 2004 Page 2 of 7 3. PUBLIC HEARING 3.1 At the conclusion of the Public Hearing and the certification of the election results for adding T30335 into CFD No. 2003-1 for Police and Fire Services aka Annexation No. 10 / Resolution No. 2634 / A Resolution certifying the results of an election and adding property to Community Facilities District No. 2003-01 / Annexation No. 10 - T30335 / Approve and adopt / City Attorney & Special Tax Consultant City Attorney John Brown reviewed the Staff Report explaining to the audience an overview of the process of annexations into special districts. Mayor Ayres opened the Public Hearing at 7:12 p.m. No one was present to support or oppose the annexation. City Clerk Chouinard noted there were no written comments received. Following the tabulation of the ballot(s) Clerk Chouinard reported the ballot(s) in favor and certified the election results of 16/0 in support of the annexation and the levying of the assessment. Mayor Ayres closed the Public Hearing at 7:13 p.m. M/S/C (Stubblefield / Ayres) moved to approve and adopt Resolution No. 2634 / A Resolution certifying the results of an election and adding property to Community Facilities District No. 2003-01 / Annexation No. 10 - T30335. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None 3.2 At the conclusion of the Public Hearing, declaring the results of the assessment ballot tabulation, confirm assessment and ordering road, street and highway maintenance for certain property (commonly known as Empire Homes T30481 Annexation no. 5) into Assessment District No. 2003-1 / Resolution No. 2635 / A Resolution declaring the results of the assessment ballot tabulation for the annexation of certain property to Assessment District No 2003-1 (AD 2003-1) pursuant to the Benefit Assessment Act of 1982, order maintenance work therein and confirming the diagram and assessment / Approve and adopt / Special Tax Consultant and City Attorney City Attorney John Brown reviewed the Staff Report. Mayor Ayres opened the Public Hearing at 7:15 p.m. No one was present to support or oppose the annexation. City Clerk Chouinard reported there were no written comments received. Following the tabulation City Clerk Chouinard certified the results 1/0 (annual assessment $29,456.37) in 7 City Council Minutes November 4, 2004 Page 3 of 7 favor of the annexation and levying of the assessment. Mayor Ayres closed the Public Hearing at 7:16 p.m. M/S/C (Carlson-Buydos / Shaw) moved to approve and adopt Resolution No. 2635 / A Resolution declaring the results of the assessment ballot tabulation for the annexation of certain property (commonly known as Empire Homes T30481 Annexation no. 5) to Assessment District No 2003-1 (AD 2003-1) pursuant to the Benefit Assessment Act of 1982, and ordering the maintenance work therein and confirming the diagram and assessment. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None 3.3 At the conclusion of the Public Hearing, declare the results of the assessment ballot tabulation, confirm assessment and ordering road, street and highway maintenance for certain property (commonly known as Lennar Hones, Temecula Valley LLC T30603 Annexation No. 6) into Assessment District No. 2003-1 / Resolution No. 2636 / A resolution declaring the results of the assessment ballot tabulation for the annexation of certain property to Assessment District No 2003-1 (AD 2003-1) pursuant to the Benefit Assessment Act of 1982, order maintenance work therein and confirming the diagram and assessment / Approve and adopt / Special Tax Consultant and City Attorney City Attorney Brown explained the benefits of regular scheduled maintenance and the necessary funding required to provide for it. Mayor Ayres opened the Public Hearing at 7:17 p.m. Mayor Ayres opened the Public Hearing at 7:15 p.m. No one was present to support or oppose the annexation. City Clerk Chouinard reported there no written comments received. Following the tabulation, City Clerk Chouinard certified the results 1/0 (annual assessment $34,264.37) in favor of the annexation and the levying of the assessment. Mayor Ayres closed the Public Hearing at 7:18 p.m. M/S/C (Stubblefield / Carlson-Buydos) moved to approve and adopt Resolution No. 2636 / A Resolution declaring the results of the assessment ballot tabulation for the annexation of certain property (commonly known as Lennar Hones, Temecula Valley LLC T30603 Annexation City Council Minutes November 4, 2004 Page 4 of 7 No. 6) to Assessment District No 2003-1 (AD 2003-1) pursuant to the Benefit Assessment Act of 1982, and ordering the maintenance work therein and confirming the diagram and assessment Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None 4. CITY DEPARTMENTS None 5. CONSENT CALENDAR 5.1 Warrants at 11/04/04 / Approve / Finance Director 5.2 April 15, 2004 Regular Minutes ! Approve / City Clerk 5.3 October 21, 2004 Regular Minutes / Approve / City Clerk 5.4 Contract with Riverside County for Information Technology Services ! Approve and Authorize City Manager to execute contract / Finance Director 5.5 Valley Economic Development Corporation Grant Letter / Approve and authorize Mayor to execute letter of support / City Manager 5.6 Final Parcel Map 32573 — John E & Nancy N Warneke / Approve and accept $22,122.57 cash payment in lieu of street improvement pursuant to Conditions of Approval ! City Engineer 5.7 Final Tract Map 31035 — CNH Homes III LTD / Approve and authorize the Mayor to execute the Final Map and the City Manager to execute the Subdivision Agreement 5.8 Purchase of EMWD (Eastern Municipal Water District) Water / Approve appropriation to pay for water purchased between May and September (year-to-date) / City Manager 5.9 Installation of an interim museum building to the Francisco Estudillo Heritage Park / Approve the location and authorize use of $50,000 of Park Development Funds in lieu of CDBG (Community Development 7 City Council Minutes November 4, 2004 Page 5 of 7 Block Grant) funds 1 Community Development Director 5.10 FY 2003 State of California Homeland Security Grant and Spending Plan / Approve appropriation and authorize expenditure of $34,429.89 grant award from the State Homeland Security Grant / Chief of Police 5.11 Client Conflict Waiver regarding annexation of Century Crowell's project into the City's financing districts / Approve and authorize City Manager to execute waiver / City Attorney 5.12 Client Conflict Waiver regarding Riverside County's loan / Approve and authorize City Manager to execute waiver / City Attorney City Manager Peter Cosentini requested Agenda Item 5.4 be pulled to be brought back at a later date. Council Member Stubblefield requested Agenda Item 5.6 be pulled for a potential conflict of interest. Vice Mayor Carlson-Buydos commented that 5.9 was important to the community and excited that it was moving forward. M/S/C (Carlson-Buydos / Shaw) moved to approve the balance of the Consent Calendar — 5.1 through 5.3, 5.5, 5.7 through 5.12. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None 5.6 Final Parcel Map 32573 — John E & Nancy N Warneke / Approve and accept $22,122.57 cash payment in lieu of street improvement pursuant to Conditions of Approval / City Engineer Council Member Stubblefield left the meeting. M/S/C (Ayres / Shaw) moved to approve Final Parcel Map 32573, John E. & Nancy N. Warneke applicants. Motion carried 4/0. Ayes: Carlson-Buydos, Conner, Shaw, Ayres Nays: None Absent: None Abstain: Stubblefield Council Member Stubblefield rejoined the meeting following the vote. 7 City Council Minutes November 4, 2004 Page 6of7 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Council Reports Council Member Shaw reported there had been two CR&R meetings and had attended the pre -building subcommittee meeting. He announced the Grand Opening of United Way's new facility would be Wednesday, November 10th Council Member Conner — nothing to report. Council Member Stubblefield reported that at the last WRCOG meeting the joint powers authority voted to 10-4 to raise the TUMF fees by 8%, noting he voted against it. The JPA noted that initial review scheduled in two years and anticipate keeping that schedule with another potential increase at that time. The increase takes affect in March. Mayor Ayres voiced concern about the agreement that was made with the City and that they had broken it. Other members expressed similar concerns. Vice Mayor Carlson-Buydos commented that Water Subcommittee's water policy is moving forward and anticipate an agreement this next year. She noted she attended the transportation meeting on Gilman Springs Road. She apologized for tardiness, noting that she had been in a meeting regarding the recovery of California's economy. RCTC meets this upcoming week, noting there are several big transportation projects on the horizon. Council Member Conner commented that Gilman Springs is scheduled to be closed for six months. Vice Mayor Carlson-Buydos reported that this closure is the second segment of three that will be done. She further noted the need to communicate that when any access in or out of the valley is impacted that it substantially impacts the accesses. Attorney Brown agreed, sharing his recent experience on the way to tonight's meeting. Mayor Ayres recessed the Regular Meeting at 7:25 p.m. to hear the Redevelopment Agency's Agenda. Following the RDA meeting, Mayor Ayres reconvened the Regular Meeting at 7:36 p.m., noting there would be a five minute recess and then the Council would go directly into Closed Session. 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956..c: City Council Minutes November 4, 2004 Page 7 of 7 One (1) or more cases No reportable action. 7.2 CONFERENECE WITH LEGAL COUNSEL — EXISTING LITIGATION Significant exposure to litigation pursuant to Government Code to Subdivision (a) of Section 54956.9 Name of Case: Robert Lange Claim No. 042-99-00124 No reportable action. 8. ADJOURNMENT With no further business before the Council, and following the Council's acclimation, Mayor Ayres adjourned the meeting at 8:22 p.m. ATTEST: Dorothy L. Chouinard, City Clerk Approved as read: Approved as amended: City of San Jacinto By Jim Ayres, Mayor 7 AGENDA ITEM 6.4 November 18, 2004 TO: The HonorableyMayor and Members of the City Council FROM: Bernie Simon, Finance Director Jack Templeton, Accountant Nto SUBJECT: Treasurer's Report at September 30, 2004 RECOMMENDATION: Receive and File Treasurer's Report for September 30, 2004. BACKGROUND: Total Cash and City Investments increased 0.27% during the month. This includes cash, cash in bank and cash with trustee. At September 30, 2004, $560,152 remains from the original $1.3 Million Loan from RCTC in 1998. Some of the large expenditures during the month included items such as $454,242 to Matich Corporation for Main Street and Soboba Road paving and Virginia Lee improvements, $213,246 to Riverside County for fire service, $182,626 to CR&R for trash service, $103,500 to California Condemnation fund for purchase deposit on Cove project, $87,865 to Tri-Lakes Consultants for professional services, $73,350 to LSA Associates for professional services, $62,103 to Los Angeles Engineering for retention release on downtown project, $51,333 to Southern California Edison for electric service, $40,103 to Contreras Construction for retention release on 1st & 7th sidewalks and $314,921 to trustee funds for debt service requirements. Disbursements were made from trustee funds relating to principal and interest debt service requirements for 1999 RDA Soboba Tax Allocation Bonds of $60,010, for Assessment District 94-1 Improvement Bonds of $71,673 and for Communities Facilities District #2 Refunding Bonds of $891,585. The Treasurers' report is a "snapshot" report of our cash position on the last day of the month in all of our accounts. City Manager Appro'� 1 Finance Director: Page 1 of 1 Page I. CITY OF SAN JACINTO TREASURERS REPORT FOR THE MONTH ENDING SEPTEMBER 30, 2004 08/31/04 09/30/04 % change 09130104 COMPUTED INVESTMENT INSTITUTION INTEREST PURCHASE MATURITY PREV. MONTH CURRENT from prior MARKET ACCRUED TYPE SERIAL# RATE YIELD DATE DATE BALANCE BALANCE month VALUE INTEREST STATE POOL Money Market DEMAND Account PAYROLL Account IMPREST Account L.A.I.F. 1.771% 1.771% Various Open $19,775,297 $20,425,297 3.29% $20.507,308 $82,011 Bank of Hemet 1.490% 1.490% 11/01/01 Open $1,840,212 $1,842,465 0.12% $1,842,465 n/a Bank of Hemet 0.000% 0.00 Various Open $838,147 $983,572 17.35% $983,572 n/a Bank of Hemet 0.000% 0.00 Various Open $63.914 $16,800 -73.71 % $16,800 olio Bank of Hemet 0.000% 0.00 Various Open $1,365 $1,314 -3.74% $1,314 n/a Cash on Hand 0.000% 0.00 Various n/a $600 $600 0.00% $600 n/a TOTAL CITY INVESTMENTS 8 FUNDS RESTRICTED CASH WITH FISCAL AGENT (BOND FUNDS $22,519,535 $23,270,048 3.33% $23,352,059 $82,011 Trustee CFD NO 2 Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695201 1.480% 1.480% Various Open $721,215 $405-99.94% $405 n/a Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695202 1.480% 1.480% Various Open $0 $0 0.00% $0 nla Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695203 1.480% 1.480% Various Open $0 $0 0.00% $0 nla Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695204 1.480% 1.480% Various Open $30,375 $14-99.95% $14 olio Corporate Obligations Union Bnk Bayerische Lankbk GIC 6711695204 4.050% 4.050% 10/10/02 09/01/14 $748,800 $748,800 0.00% $748,800 n/a Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695205 1.480% 1.480% Various Open $40,155 $40,187 0.08% $40,187 nla Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695206 1.480% 1.480% Various Open $830,931 $831,596 0.08% $831,596 nla Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695208 1.480% 1.480% Various Open $110,116 $204-99.81% $204 nla Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695301 1.480% 1.480% Various Open $29,999 $195-99.35% $195 olio Mutual Fund Union Bnk Blkrock Prov. T-Fund 6711695501 1.480% 1.480% Various Open $26,145 $56,165 114.82% $56,165 n/a TOTAL CFD NO 2 $2,537,736 81,677,566 -33.90% $1,677,566 n/a 1993 RDA SAN JACINTO TAX ALLOCATION BONDS Mutual Fund Union Bnk Blkrock Prov. T-Fund 7-15639 1.480% 1.480% Various Open $334,198 $334,466 0.08% $334,466 n/a ASSESSMENT DISTRICT 94-1 Money Market Union Bnk Alamo Capital 678544857 0.737% 0.737% Various Open Cash Union Bnk Blkrock Prov. T-Fund 7-15777 1.480% 1.480% Various Open TOTAL ASSESSMENT DISTRICT 94-1 $22,275 $22,288 0.06% $22,288 n/a $71,673 $0-100.00% $0 nla $93,948 $22,288 -76.28% $22,288 n/a 1997 WATER IMPROVEMENT REVENUE BONDS Mutual Fund Union Bnk Blkrock Prov. T-Fund 7-15980 1.480% 1.480% Various Open $1,357,046 $1,620,669 19.43% $1,620,669 n/a Mutual Fund Union Bnk Blkrock Prov. T-Fund 7-15980-06 1.480% 1.480% Various Open $205,081 $205,246 0.08% $205,246 n/a TOTAL 1997 WATER IMPROV. $1,562,127 $1 825 915 16.89% $1,825,915 n/a 2002 WATER REVENUE BONDS Mutual Fund Union Bnk Blkrock Prov. T-Fund 6-711682901 1.480% 1.480% Various Open $75 $0-100.009'0 $0 n/a Mutual Fund Union Bnk Blkrock Prov. T-Fund 6-711682902 1.480% 1.480% Various Open $0 $52,459 100.00% $52,459 n/a Mulual Fund Union Bnk Blkrock Prov. T-Fund 6-711682903 1.480% 1.480% Various Open $0 $0 0.00% $0 n/a TOTAL 2002 WATER REVENUE BONDS $75 $52,459 69845.33% $52,459 n/a 1999 RDA SOBOBA TAX ALLOCATION BONDS Mutual Fund Union Bnk Blkrock Prov. T-Fund 7-16274 1.480% 1.480% Various Open $148,132 $88,201 -40.46% $88,201 n/a Prepared By: Jack Templeton, CA - 10/25/04 Page 2 CITY OF SAN JACINTO TREASURERS REPORT FOR THE MONTH ENDING SEPTEMBER 30, 2004 08/31/04 09/30/04 % change 09130/04 COMPUTED INVESTMENT INSTITUTION INTEREST PURCHASE MATURITY PREV. MONTH CURRENT from prior MARKET ACCRUED TYPE SERIAL # RATE YIELD DATE DATE BALANCE BALANCE month VALUE INTEREST ASSESSMENT DISTRICT 87-1 Cash BNY Bank of New York 411795 0.000% 0.000% Various Open $666 $666 0.00% $666 n/a RCTC LOAN Money Market USB US Bank 95-444672 0.540% 0.540% Various Open $559,757 $560,152 0.07% $560,152 n/a TOTAL CASH WITH FISCAL AGENT $5,236,639 $4,561,713-12.89% $4,561,713 n/a TOTAL ALL FUNDS $27,756,174 $27,831,761 0.27% $27,913,772 $82,011 I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND THE CITY OF SAN JACINTO'S INVESTMENT POLICIES. CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS AS PER GOVERNMENT CODE 536460X3). () r)E ES W. POTTS, TREASURER City Of San Jacinto Prepared By: Jack Templeton, CA - 10/25/04 AGENDA ITEM 5,5 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director41k SUBJECT: Final Parcel Map 32060 — Michael English RECOMMENDATION: By motion, approve Final Parcel Map 32060 for recordation. BACKGROUND: Final Parcel Map 32060 is a .42 acre lot into two parcels of 11,700 square feet and 6,650 square feet. The lot is developed with three residential units and two garages. All structures are to remain in place. The project is located in the Neighborhood Commercial (C-1) zone between Estudillo Avenue and Pico Avenue, also knows as 231 West Second Street. The site is located in the General Plan Planning Area 6, and is designated Low Density Residential. The General Plan states that Planning Area 6 is a mix of business and residential uses. Under the Comprehensive General Plan update, the General Plan designation for the site is proposed to change from Medium Density Residential to High Density Residential. The zoning of the subject site is "C-1", Neighborhood Commercial. The project is bounded by the Druding Park to the south and residential uses on the remaining three sides. The site is in the original core of the city. When the zoning ordinance was originally adopted this lot and the adjacent two lots became C-1. As time passed, the C-1 zone in this area slowly shifted to other zones leaving these three lots in the C-1 zone. The site is fully developed with three houses on proposed parcel one and one house with garage on proposed parcel two. Because the use of the property and the zoning does not agree, the non- conforming use section of the zoning ordinance becomes a factor and would allow only limited expansion in order to bring the use into conformance with the zone. However, routine maintenance and repair is allowed on a non -conforming lot. App I City Manager: Finance Director: Page 1 of 2 Within the C-1 zone, the minimum lot size is 5,000 square feet. Parcels proposed in this project 11,000 and 6,500 respectively. Second Street is not identified in the General Plan and would be considered as a local street with a 60' R-O-W. No additional dedication is being required, existing improvements include a 15 foot pavement section with a 4 foot parkway and a 5 foot sidewalk. It is expected that the proposed parcel map will not increase in the vehicular traffic beyond what is existing currently. The project is currently annexed to the Lighting Landscaping District No. 1. JUSTIFICATION: Final Parcel Map 32060 has complied with the requirements of the Subdivision Map Act. BUDGETARY IMPACT: Applicant has paid the associated filing fees for the final parcel map. ATTACHMENTS: 1. Final Parcel Map Page 2 of 2 AGENDA ITEM 54 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Final Tract Map 29859 — 82 San Jacinto LLC RECOMMENDATION: By motion, 1) approve Final Tract Map 29859 for recordation; and 2) authorize the City Manager to execute the subdivision agreement. BACKGROUND: Final Tract Map 29859 is an 82-single family subdivision on 17.7 acres, including Lot 83, which is an open space, generally located on the west side of Palm Avenue just north of Seventh Street. The subdivision agreement securing the improvements in the amount of $621,250.00 has been submitted and is available for your review at the City Clerk's office. The subdivision agreement follows the City Attorney's template provided for City's use. As conditioned of this project, the developer successfully completed annexations to the City's Community Facilities District 2003-1, Assessment District 2003-1, and Lighting Landscaping Park District No. 2. JUSTIFICATION: Final Tract Map 29859 is complying with the requirements of the Subdivision Map Act, the City of San Jacinto Subdivision Ordinance, and the conditions of approval as conditioned by the Planning Commission on August 9, 2000. Street improvement plans have been approved; project is partially under construction. Page 1 of 2 BUDGETARY IMPACT: Developer has paid the plan check and inspection fees associated to the review and approval of the final map and improvement plans. ATTACHMENTS: 1. Final Map 29859 Page 2 of 2 OWNER'S STATEMENT BE HEREBY STATE THAT WE ARE THE ONERS OF, OR HAVE SOME RIGHT TITLE. OR INTEREST IN THE LAND INCLUDED WITHIN THE SUBDIVISION A5 SHORN O/ THE ANNEXED MAN THAT NE ARE THE ONLY PERSONS WN05E CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID LAND, AND NE CONSENT TO THE PREPARATION YID RECORDATION OF THIS SUBDIVISION IMP A5 SHOW NITNIN THE DISTINCTIVE BOROER LINE. WE HEREBY DEDICATE TO PUBLIC USE FOR STREET NO PUBLIC UTILITY PURPOSES LOTS 'A' THROUGH 'I'. A5 A COYITIOI OF DEOICATIOO OF LOT 'A' (PALM AVENUE I. TEE OWNERS O LOTS 46, 1T, AM 60 THROUGH 6S. INCLUSIVE ABUTTING EMS HIGHWAY AND DURING SUCH THE VILL HAVE N0 RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL. MY CHANGE OF AL I0MENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS CONDITION OF ACCESS RIGHTS A5 TO THE PART VACATED. WE HEREBY DEDICATE ABUTTERS RIGHTS OF ACCESS ALONG TTN STREET TO THE PUBLIC. THE DYERS O LOTS 1. AND TB THROUGH B2, INCLUSIVE. ABUTTING THIS HIW0AY YN) WRING SUCH THE WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL. ANY CHANGE EF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION TNEREOP SHALL TERMINATE THIS DEDICATION AS TO 1HE PART VACATED. E HEREBY DEDICATE TO PUBLIC USE LOT 13 INDICATED AS 'OPEN SPACE' FOR DRAINAGE PURPOSES. 2SAN FORNIATOLAC. LI ACALMI TED LIABILITY COPAN/ BY iY �• Si ITS. /'IAAMFNF%L BY ITS. BENEFICIARY HOUSING CAPITAL COPAW, A MINESOTA PARTNERSHIP. AS BENEFICIARY UNDER A DEED O TRUST RECORDED .tlR/L 5. MIN A5 0NSYKIIENT M0. 2001-44ANSIN,OFFICIAL RECORDS. BY: DFP FINANCIAL. INC.. A CALIFORNIA CORPORATION 1T5: MANAGING GENERAL PARTNER ITS. VAt• PN6tmt*' TRUSTEE FIRST AMERICM TITLE COMPANY AS TRUSTEE UNDER A DEED OF TRUST RECORDED Aura. 2004 AS INSHDMENI M. 2001-MMIFTY6 OFFICIAL ��RECODS. BY: �(Il AAA. Y. A•-9.ti.ak. 4 T {I.bErtS/ T/IM+H� BY: CAM' MNA.lf, ASST. SECAETAP4 IN THE CITY OF SAN JACINTO. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29859 BEING A DIVISION OF PARCEL 4 AND THAT PORTION OF PARCEL 3 OF PARCEL MAP 1//3, A5 SRAM BY MAP ON FILE O BOOK 26. PAGE 12 OF PARCEL MAPS. RECORDS OF RIVERSIDE COURT, CALIFORNIA. RICK ENGINEERING COMPANY NOTARY ACKNOWLEDGMENT STATE OF CALIFOIMIA SS. COUNTY OF . 1 0lf1-AI, Y A1.A BEFORE 1E, PERSONALLY APPEARED .rc...:,..✓._.. PERSONALLY KNONI TO 1E 1 ODV EVleENGII TO BE THE PERSONIl) WHOSE /MELO IS/ME SUBSCRIBED IN THE WITHIN INSTRUENT AND ACKNOWLEDGED 10 IE THAT NE/SURF./TREY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY HIES). AND THAT BY HIS/Hp/THEIR 51GNATUREIN ON THE INSTRUENT THE PER50N181, OR THE ENTITY UPON BEHALF OF WHICH THE FEMALE ACTED. EXECUTED THE INSTRUENT. WITNESS W HAND ANTI OFFICIAL SEAL. CII O. - YS. NOTARY PUBLIC IN AND FOR SA10 STATE NOTARY PUDLIC A- �ris.c W C0YISSIGN EXPIRES ATO.J PRINCIPAL RACE OF BUSINESS NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA SS. COUNTY OF [Truly W°L+1.2-''° FOIE ME gm-6-1-'Br—L • G M ss PERSONALLY APPEARED 'l1ylPrWW1r- PERSONALLY K14111 TO 1E m • OCR SUBSCRIBED O IN THE WITHIN INSTRUMENNTT ARO 0 IS/ME 1EEINEER TO ME MATNOHIZED CAPACITY(CUTED T TAME IN HATT BY HIS/ WM SIGNATINEIR) DU THE TINSTALMENT THE PERSON 1py1Y.f/OR THE ENTITY UPON BEHALF OF WHICH THE PEHSON1b ACTED. EKEWTED THE INSTRUMENT. WITNESS MY HAND AND OWICIAL SEAL. NOTARY PP]BLIC IH AND FOR SAID STATE e.css NOTARY PUBLIC W COMMISSION EXPIRES VELN2i./ ZOO 1 PRINCIPAL PLACE OF BUSINESS 0 1/N.A14j P- NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA 55. COMITY OFA..MAws N ON /1%..6.. u.Ay.1BEFORE ME. KMN FI:A661 PERSONALLY APPEARED M 4M FNMr E1EOSON*LLY MOAN TO ME (W PROVED TO ME ON THE BASIS OF SATISFACTORY EYIOENCF1 TO BE THE PER5011151 NYSE NYEI51 .1.90ARE SUBSCR IDED IN THE WITHIN INSTRUMENT A110 AC EDGED TO IE THAT HEY EXECUTED THE SAGE IN �IR THATAUTHORIZED CMAC I EXECUTE THE THAT BY IR SIGIATINE(51 ON THE INSTRUENT THE PER50N15 . 011 THE ENTITY UPON BEHALF OF WHICH THE PER50NIS) ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL, NOTARY PUBLIC IN AND F�OSAID STATE PURL NOTARY PUIC ^"•I `/ d..Na40 W COMMISSION EXPIRES ANY /0, PRINCIPAL PLACE OF BUSINESS AMANP IMJy AUGUST 2001 TAX COLLECTOR'S CERTIFICATE 1 HEREBY CERTIFY THAT ACC01✓DING TO THE RECORDS OF THIS OFFICE, A5 OF THIS RATE, THERE ARE NO LIENS AGAINST TIE PROPERTY SHORN ON THE WITHIN MAP FOR UNPAID STATE. COUNTY. MUNICIPAL DR LOCAL TAXES DI SPECIAL ASSESSMENTS COLLECTED AS TAXES. _ .__ ..-_ .......... _.,.........-_....___ TORE • RATED, fr2ii.../ai.14 PALL Mc001NELL. MINTY TAX COLLECTOR BY, .4.....-rJwN.adrf DEPUTY X BOND CERTIFICATE CERTIFY THAT A BON I THE STY OF / HAS B EXECUTED AND FILED H THE BOND OF SUPERVISORS OF THE CCMPAYMENT OF . RIVERSIDE, STATA COOITY, MUNICIPAL OR LOCAL,D UPON MO ALL SPECIAL A DENTS LECTED AS TAXES, WHICH AT THE TIRE OF FILING , IS ,' WITH THE COUNTY RECORDER ME A LIEN AGAINST SAID ' 'i-.'TY. BUT NOT YET PAYABLE. AND 5A10 BOND HAS BEEN DULY AP , ED BY SAID 1301R0 OF SUPERVISORS. DATED. CASH 1J BOND PALL MOUNNELL COUNTY TAX COLLECTOR BY. T ROERO TO THE WARD OF 50R5 DEPUTY PUBLIC WORKS DIRECTOR'S APPROVAL THE STREET DEDICATIONS ANO UTILITY EASEMENTS SHOWN ON THE WITHIN ANNEXED MAP ARE HEREBY APPROVED THIS DAY OP . 2001. PUBLIC WORKS DIRECTOR. CITY OF SAN JACINTO SHEET 1 OF 5 SHEETS RECORDER'S STATEMENT FILED THIS_ DAY OF 20 AT AWN IN BOOK OF MAPS. AT PAGES AT THE REQUEST OF THE CLERK OF THE BOARD N0. - GARY L 0RS0. COUNTY ASSESSOR. CLERK. RECORDER. FEE, W BY DERBY SUBDIVISION GUARANTEE. FIRST AIERICAN TITLE CMPANY ENGINEER'S STATEMENT THIS IMP WAS PREPARED BY IE OR I04ER W DIRECTION ANO IS BASED URN A FIELD SURVEY IN C0IEORMAMCE WITH TIRE REQUIREMENTS OF THESUBOIVISIQI MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF CAMEO 1101E5 ON FEBRUAR7 26, 2004. I HEREBY STATE THAT ALL IMMHENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS NNIICATED. OR THAT THEY WILL BE SET IN THOSE POSITIONS WITHIN ONE TEAR FROM THE RECORDATION DATE OF THIS IMP. THE MOMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. PE SURVEY 15 TRUE AND COPLETE AS SHOWN. DATED. el'AV4' ROBERT A. S.C.E. 33591 EXPIRES 6-30-2006 CITY ACCEPTANCE STATEMENT THE CITY OF SAN JACINTO. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA. BY AND THROWN ITS DULY AUTHORIZED OFFICERS AT A REGULAR 1EETIN6 ON 2004 HEREBY APPROVES SATO FINAL MAP AND ACCEPTS THE DEDICATIONS SHOWN HEREON FOR D09S2AG1PIIBLIC STREET AND UTILITY PUNPOSES.THE ACCEPTANCE OF 11E'OFFER OF DEDICATION OF CITY STREETS IS CONTINGENT UPON THE COPLETIIN O ALL STREET !PM:A/DENTS. CITY ENGINEER'S CERTIFICATE I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN ANNEXED MAPS THAT THE SUWIVI5101 SHORN HEREON ]5 SUBSTANTIALLY THE SANE AS IT APPEARED ON THE TENTATIVE 11AP. THAT ALL THE PROVISIONS O THE SUBDIVISION MAP ACT AND OF THE CITY OF SAN JACINTO ORDINANCE NO 6T5 HAVE BEEN COPLIED WITH AND 1 M SATISFIED THAT THIS MAP I5 TECHNICALLY CORRECT AS 5X011N. OATEO:I7 Mg' Axel OH: HABIB M. 10RAOH P.C.E. 25163 CITY ENGINEER OF THE CITY OF PERRIS P. Z RAIN. ACE 10460 EXPIRES 12- 1-2004 DATED 1H15 DAY OF . 2004 ORATOR CITY CF SAN JACINTO ATTEST CITY CLERK CITY OF SAN JACINTO PLANNING COMA SS ION STATEMENT THIS IMP, TRACT NO. 26151 IS A PORTION OF THE ORIGINAL TENTATIVE MAP OF TRACT N0. 29839. SAID TENTATIVE MP WAS APPROVED BY THE CITY or SAN JACINTO PLANNING COIYI55ION IN ACCEPTANCE WITH THE LAM IN A DULY AUTHORIZED MEETING HELD JUNE 12. 2002. CITY EC SAN JACINTO. CALIFORNIA SECRETARY. CITY OF SAN JACINTO PLANNING COI9115510I DATED THIS DAY OF . 2001 SOILS REPORT A PRELIMINARY SOILS REPORT HAS BEEN PREPARED BY LEIGHTON AI0 ASSOCIATES. INC. MI APRIL 12. 1919. AS REWIRED BY THE HEALTH AND SAFETY CODE O CALIFORNIA. SECTION 0I A O$ J 0 O 06 06• O 00AS at 0 O '-An 1- M IS O SC O f LOT F'PER I10 10T/1.20. FOB STREET DRAINAGE PAIL FD r'LP.10 TAG Bit ON. 0.rACC.As NO COL PAR 4 PEA w 26/0. 1110.00t0E 01.5 J 100.11• b5•A9p0• I N90.00'OOE 77.75• iYl0' IN ME CITY OF MI .ACOR4C0111TY OF 101I7U. STALE OF CAI.FOIIG TRACT NO. 29859 BEING A DIVISION OF PARCEL 4 AND TINT PORTION OF PARCEL 3 OF PARCEL WP 14I3.AS SLOW BT NIP M FBE 01 RCN 26. PAGE /2 OF PARCEL 10V2,RF000S OF ARM E CNBIIT. CN.IFNNA. RNI ENGIQRDNc CONPNN TRACT' 21016 III 187/ 16-20 • Y00 71L5 R •H.�. • °SAGEBRUsuAVE LOT 11R NOV 6'000 29E54 t$bb - 11 Jp ,_ �. 61 it 60O 20Le• Y l \ C.l q 60.00' i1.D2' 33 6t5F ,7} 1 w44'1 ti N/9•AS•OM 07.56' •O +o & . bi•2Ym I� L� i br6'00• 44. 600• " L'1U1• b]•ux• t p K 11 N90'W'a04 R• l4.0l. Nert IE6r LKS!' a'jE. .P NAY p10 \` 67Jr �I. L �.Aear ',sr.,.6• LOY C. -rj�• Sh �+ M.N. Ate, .3.4 . 50 4. ,711.q6•!Y 4300112SilT• 1i.11Jr y OA ¢�•f� ,.• "`i�, 10 k LOT 9' _I�,,9N -. '7� ay u 'a�ilws6u•' 1 rrlrl>• e'00'R 201d5•-"1UFINE{ AVE -(1 -:�[�7 Q, 1 4rs�rla,. L'u6' 60.00• lSor r tN m Tj h' �" 9 yI 714 _ �n�. � i J i a' i. k k NOTOS'00no• $ k 5 1• na NASUST 2004 14NY 6'Oo) 160.Tr 109.9519E 11e.012 8 N6'2S473, nea6• SLR, 23 26 NOS•OF411 66.Ar 27 28 1S t 62 i RAY 6220 �11RR��SHEET 5 OF 5 SHEETS I. SEE E7 2 FOR IRE BASIS OF BEARINGS. 10NBEN1 101ES. Aln 6ENCRAL NOTES FD P/.•WPPIARFLo STN0EO LS 004 ON • ACC.AS 1ERPRISSE PERPNL W 10/2Si1 40 e" r1 ' Phis to F 0 , a• IHtl It It SEE T ND. 4 O0 SCALE T• 40' 0 40 b SE 11E QTY ff SAN JACOITO.COURTY OF AFROODOE,STAlE OF GAMMA SHEET 2 OF 5 SHEETS F0 V.A/TAG M2 AS NA 0.M PER PR EVIL 40 39 38 37 36 83 TRACT NO. 29859 BEDE A OOSION OF PARCEL N Al TEAT PORTION OF PARCEL 3 OF PA1Q YAP 7443. A5 KON BY YAP ON FILE N BOON DEFACE 2 OF PARCEL YARS,RECOOS OF RI'IO1510E CONTY. CALIFOEA. RICE ENDOCRINE CORER AUGUST 200E FD r• MN/ TAG M2 01. LTS' ACC. AS a. N1.001TON NOD & PALM PER PY 26/12. LOT 1-PER IS Gr/ 1-20. a&9a�5 FOR STREET TRACT 21016 B• 1871 18-20' CPR SPATE 1(E21UEOL.LL1•ACC. AS TO FM N1 O6/R. 3 PER LOT •C • 73 72 7 1039'591010 444.7Z 010T53'29A LC 11111511111 Sur MOO' NGTST301 M11.1T R6160/ 28-30 "'I rusar Aa FO PO LS 6015 FLUSH N A.C. CL TNT IvEISEC1i01 OM ST 6 AA110PRLF�1 534'8r 1TTH STREET COTT010000 AVE FFD {rBRASS DISKa A �{,01Ncr M1EA42DTIp PALM i 00N ALBEIIT° DON ALBERTO LABS 8- -T.F9 ssxr. r010Trr.Ta' 5129. 216.111W 1'R N0 TAG.a TO REFERENCE 6 ACLAS RN COL EST. P3931 3-13-N101 N '5 OJT Wd 211.15.1216.%7\ NBT5T21A 2641.41'1 TRACT MAP 22065-1 MI 240/ 36 -40 EN:It'S NOTES 1. SEE WET 2 FOR T1E OASIS 6 BEARINGS. Weer r NOTES. AK GENERAL NOTES I. OE OASIS O BEARINGS F0 THIS DTP IS TINE EASTERLY LINE PARCEL 3 AM PARCEL 4 OF PARCEL IMP 1446. PIB 264 12 ALSO KING TIE CENTER LINE 00 PALM OENE MING H0.0'0'11 2. • ... ry 442. NM 21v12 (MEPIPE S 0 F1110�ISE ink R 3. • INDICATES SET I' IRON PIPE TAG® R.C.C. 33591. FLUTE. 4. ALL 1011ERTS SET ARE PER RIVERSIDE CON15 C DINRHCE 461.9. S. THIS TRACT CONTAINS 1T.T ACTES GROSS. c. DRAINAGE EASESENTS SHALL 6E KEPT FREE 0 BUILDING RV OBSTRUCTIONS. S. ALL NGNUENTS SHOE SET SHALL BE SET 111 ACCOMMICE 111111 NGl EDHOERENTATIOI AGREEMENT FOR THIS IMP UNLESS OTHERWISE 1. THIS TRACT CONTAINS 02 RESIDENTIAL LOTS. 10. INDICATES SUBDIVISION BOUNDARY. 11. RAD INGICArES RADIAL BEARING, 14. 1 I INDICATES RECOO PEA PARCEL IYP 1443 FRB 26/12 IS. [ 1 05 INST. NES O. TTO13N CORD PER 3�-15B-A9 M. A LEAD AIM DISC STAPn. IEDTpPp.C.E. 3335591. SETTlFLU$H. SIDE LOT LINES. ALSO GOT E• . 5 . B.C.URE PS YO ORGaIETIRM DMA LINE PROJECTED ON A RADIAL TO TIE PROPERTY LINE COTE. UNLESS OTHERWISE INDICATED. IT. A 1' IRON PIPE RITE TAG R.C.E. 33511. SET 1LOSNN IRO. CO. STD. A-N AT ALL REM LOT COMERS MO ROLE KITES IN LOT LINES MESS OTHERWISE INDICATED. //////// INDICATES RESTRICTED ACCESS. C.C. b Es. RECORDED AS INST NG IS 11. FO T LCOPPDIRCD STAA LS 404 ON OZ IACt. NVESTORCL PEAPALM IL 1D 11 / 55i8 FD r' V../ TAG E52 FLASH ACCSs NG SAL DESTROY D DPP PI4 REG CO ar OF�"AO1 PAY A9LSE1 rP 1/PP RCE 33511. EASEMENT N ES IQ AN EASEMENT FOR UTLITES AND DEMER LL 0110055 N FAVOR OF NEVAOA-CA.00NA ELECTRIC CNPOPA1ION PER 000R01T RECORDED PEBRUWY EOM N M0R EIS PO A% OF OFFICIAL RECORDS. go F`o pa.p0w AC0-- 90Jo`r aorsaal- 4 1 0 8�J 3140 AC �a 1A 140FFER 00 DEDICATION PER INST.110.205301 DEL 1.25-1•1 R. NI. 1 11 01 9TNDO OF PAY AVE le 2A/o-• 6 NE 1/ /11-1/ SUL& FA 100' rerac'�BOD_�� r7000T 97.6Y s M $ 7 NT/SWOO. 17.0. a 5 4 NIY3OOOW 96.97' • N»• , , r 346466.6r 74 aY36.03" L.6.16' dttb MIr a• DI TIE MY OF SPA JAvnq. OoueY OF Iarr2Lti E. SUIE OF GLFGRIA TRACT NO. 29859 I017711101 OF ,PELFRSHOW P ON LE 11006 MPAGE 12 OF PARCEL OOF CC/MTLEAUFO N RICA ENO.EFRNO COHPLO 11 190.0000E ST.90' LOT 'O' 1130.00'004 353.00' L€ ARROWHEAD AVE k rDDY l Reg-m'00-. %W -1 4 7p -' I a to R 00,0, HAVA. OOI tT • 2 i V.. R'7'or g /bJY� n llr <t �AV �4.a4f0Yr• . ry v7Lf : i II !t SO 2k i Ski FF V•IP 7 TICE WAIL A]• C �3..00 .'L. 70-00' Tri` PER RI 2Q 3 j1ry �f, 7J0.90•g709Y1 , WJY SS20• �. MC& .. , 3 61ar, , / , .1.K• , DYOOE rS.0r 12 13 u go tt.• 3 2 30'001T 9534' NO .06 OENT REPLACED .ITN r • , , 1051Y , r TLG.O RCE 3361 •D•E6r LOT 9' IO95970. 441.97 DU1'5Y2911 441.90'1 00 WY301r @1131 01'5r611 02110 4- n uur 617r aJ 556. IDO.,T' b R!YleN• ra°' 6OG.T 2004 67 SHEET 3 OF 5 SHEETS T. SEE SHEET 2 FOR 11E OASIS Cr 9El0INDS. 1100J4307 MOTES. NO (iMER&L NOTES SEE MEETT ND. 4 ff MM� ?WINNOW NL27• NSY45'00T 100.W 0.051T1 RAR Tar /I MM}S'OY�/`-NSY 67•SYYY. 172.95' / IK6S' y NEYSW30T 21L95•00Y5Y2M 216.951 E0 PIP NO TAG Too 5I .AS PRI COILREFERENCE MT. 799}t $ 7 6-609 n 4- Troy 62E6 91 79 T 16.93' „ LBW „ C TTH STREET IELL65'1 53041 1 D. OFDICKATNM MT. NLL2O57R1 REC. 7-25.1911 _J 0. x 0 IVa sa a• 0.0O'- -A O �tl \ P (0I- CO WIB 0 N 1*5 3.1F0YC1E VI CC OTT ITN ST.6 M00 OF PILL AVE. IE 230 /6-19 SCALFi 1'• 4D' YD tr /6-r 40 33 t 1 34 91 TIE MY OF SAN JAmR0. Mum, OF FOSIERSME. STATE 1F C LYMUA TRACT NO. 29859 BEDID A DIMON' OF PMTEL 4 AO THAT FORTION OF PARCEL S OF PARCEL RAP T443. AS MOW BT YAP ON FILE RI BOOR 2 .PACE 12 CC PARCEL N PT.RFCOMM OF RIVERSIDE COINTT. CALFOTNA. OCR AV.REFAIRG COWAN AUGUST 20CA 33 32 11B F ar 4YO7'SS� 4, %!1. L•ST.U' �' a5. 7 �t. o-t � ua It RFRr4r OASIS COURT gb Mr6_OOT mut" X 46'IR4 41SIy yE i•2 LOT IF' wr6 72 79 70 i b- M7 j7T SHEET 4 OF 5 SHEETS 1. SEE SHEET 2 FOR THE OASIS OF BEARINGS. IARRENT TOTES. AO MEWL NOTES el SSE MEET NO. 6 It tt 44 W FO F/ COPFEREIL STAMM LS 404 CM Os ACC AS CL NI PAIN & LINVESTOR 1pSB-i1 r'LP.R/ TAG 112 PAR 3 PERR PY PWET OINK SEARCH 5/RL DEMOTED COW COMOF PAN AVL SET rP V/ PP RCE SSSSL 0 0 Q a 0 QA�n a-o•0 J'88�•A ell If tt t a SIM MEET NO. 4 al ee WALL 40' 40 011 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF SAN JACINTO 201 E. Main Street San Jacinto, Ca 92583 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recordine fee. per Government Code Section 6103 CITY OF SAN JACINTO, CALIFORNIA By: D ✓W`�i oV City Clerk / 1 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 29859 between THE CITY OF SAN JACINTO a California Corporation and 82 San Jacinto, LLC A California Limited Liability Corporation R VPUBUSB\655491 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 29859 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this / f day of %/, , 2004, by and between the City of San Jacinto, a California municipal corporation ("City") and 82 San Jacinto, LLC, a California Corporation, with their principal office located P.O. Box 2990, Newport Beach, CA 92658-9108 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. On June 28, 2000, Owner submitted to City an application for approval of a tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"). The tentative tract map was prepared on behalf of Developer by Rick Engineering Company, and is identified in City records as Tract Map No. 29859. B. Developer's application for Tentative Tract Map 29859 was deemed complete on June 28, 2000. On August 9, 2000, the San Jacinto Planning Commission conditionally approved Developer's application for Tentative Tract Map No. 29859. C. Developer has not 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 (Government Code sections 66410 et sec .) ("Map Act"), the conditions of approval for Tract No.29859, 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, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 29859. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 29859. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the RVPUB\t XM1606513 PAGE 2 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Recorder's Office of the County of Riverside; (c) the City Council of the City ("City Council") approves the final map for Tract No. 29859 and (d) Developer records the Final Tract Map No. 29859 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, and Developer may not thereafter record the final map for Tract No. 29859. 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. 29859, 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. 29859 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "B," 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 Improvements conform with all other requirements and standards set forth in this Agreement. R VPUMMXM16065I3 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 OF 14 (Updated: February, 2001) 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 local laws, 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 Perfonnance. 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 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 RVPUBIMXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4 OF 14 (Updated: February, 2001) 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 approval of the final map for Tract No. 29859. 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 be 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 'aches, 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. 29859 shall conform 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 sec . 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. 29859 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 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 RVPUB\MXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 5 OF 14 (Updated: February, 2001) 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. 29859. 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: Remedies. 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 continence 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. Irmnediately 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: Citv 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 complete or 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 thereafter recover from Developer or its surety the full cost and expense incurred. RVPUB\MXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 6 OF 14 (Updated: February, 2001) 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 attorneys 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 Drawines. 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. If Tract No. 29859 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 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 RVPUB\MXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 7 OF 14 (Updated: February, 2001) 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 Security: Surety Bonds. Prior to execution of this 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 One Million Two Hundred Forty Two Thousand Five Hundred Dollars and No Cents ($1,242,500.00), 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. 29859, 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. 29859. 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 One Million Two Hundred Forty Two Thousand Five Hundred Dollars and No Cents ($1,242,500.00), 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 City's anticipated administrative and legal expenses arising out of such claims. RVPUBIMXM1606513 13.3 Additional Requirements. The surety for any surety bonds provided as SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8 OF 14 (Updated: February, 2001) 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 "C", 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 "C" 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. 29859 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 Seven Thousand Five Hundred ($7,500.00), 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. 29859. 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 seg. 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 seq. 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, indernnify, 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 arising out of construction or maintenance of the Public Improvements, or performance 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 RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9 OF 14 (Updated: February', 2001) Agency, its elected officials, officers, employees. andlor 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 not 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 employers' 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 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 RVPUBIMXM1606513 PAGE 10 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 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 with 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 tenn 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 Agreement, any map related to Tract No. 29859, nor any other related entitlement, permit, or RVPUBIMXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 11 OF 14 (Updated: February, 2001) 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 82 San Jacinto, LLC 201 E. Main Street P.O. Box 2990 30001 Comercio Newport Beach, CA 92658-9108 Attn: Community Development Director Attn: (909) 487-7330 (949) 955-3832 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. RVPUB\14XM1606513 20.5 Amendment: Modification. No supplement, modification, or amendment of SUBDIVISION IMPROVEMENT AGREEMENT PAGE 12 OF 14 (Updated: February, 2001) this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this 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 City's actions are intentional 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: Severabilitv. 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. RVPUB'MXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 OF 14 (Updated: February, 200] ) 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 ether, shall constitute one and the same instrument. CITY CT By: (signature) Peter A. Cosentini City Manager City of San Jacinto ATTEST: By: Dorothy L. Chouinard City Clerk City of San Jacinto a. By: \ (signature) c7" G. President , 82 San Jacinto, LLC (signature) 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. RVPUB\MXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14 OF 14 (Updated: February, 2001) STATE OF CALIFORNIA COUNTY OF ACKNOWLEDGMENT r t t r On ../.2ov -, 6Ci / , 2004, before me, z,�,,-*/„e /y, . k00-5-,i , the undersigned notary public, personally appeared (T C. G, m ,/,.. s . impersonally known to me OR ( e to be the person(s) whose name(.0 is.lart subscribed to the within instrument and acknowledged to me that he/sWthey executed the same in his/1-#/tl it authorized capacity), and that by his/heir/their signature on the instrument the person(, or the entity upon behalf of which the person(S) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary R V PUBhMXM\606513 CHARLENE M. KOSHER Commission 1132064$ Notary Public - CatltaiNv Orange County My Sepik IC4PACITS CLAIMED BY SIGNER: _ Individual(s) _Corporate Partner(s) _ Anome)-m-Fact _ Trustee(s) _ Subscribing witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) STATE OF CALIFORNIA COUNTY OF On , 2004, before me, , the undersigned notary public, 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(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. WITNESS my hand and official seal. Signature of Notary R V PUB\MXM1606513 CAPACITY CLAIMED BY SIGNER _ Individual(s) Corporate Partner(s) _ Attorney -in -Fact Trustee(s) Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) A-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February. 2001) RVPUBUMXM1606513 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 29859 A-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) LEGAL DESCRIPTION Real property in the City of San Jacinto, County of Riverside, State of California, described as follows: TENTATIVE TRACT NO. 29859 BEING A SUBDIVISION OF: PARCEL 4 AND THAT PORTION OF PARCEL 3 OF PARCEL MAP 7443, AS SHOWN BY MAP ON FILE IN BOOK 26 PAGE 12 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ON THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 89° 59' 29" WEST, 216.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE ON THE SOUTHERLY LINE OF SAID PARCELS 3 AND 4, NORTH 89° 59' 29" WEST, 444.90 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4; THENCE ON THE WESTERLY LINE OF SAID PARCEL 4, NORTH 00° 00' 22" EAST, 1,278.05 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ON THE NORTHERLY LINE OF SAID PARCEL 4, SOUTH 89° 59' 29" EAST, 661.72 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 4; THENCE ON THE EASTERLY LINE OF SAID PARCELS 3 AND 4, SOUTH 940.23 FEET; THENCE NORTH 89° 59' 29" WEST, 216.95 FEET; THENCE SOUTH 337.79 FEET TO THE TRUE POINT OF BEGINNING. APN: 431-170-022-6 and 431-170-017-2 EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 29859 STREETS/DRAINAGE $575,975.28 WATER S148,058.40 SEWER $200,364.00 LANDSCAPING $279,514.80 TOTAL: $1,203,912.48 RVPUB\MXM\606573 B-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 29859 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 & LABOR AND MATERIAL BOND No. SU5009615 BOND PRINCIPAL AMOUNT — $1,203,912.48 Surety Company: Arch Insurance Company PERFORMANCE & LABOR AND MATERIAL BOND No. SU5009615 BOND PRINCIPAL AMOUNT — $1,203,912.48 Surety Company: Arch Insurance Company CASH MONUMENT SECURITY: $7,500.00 Amount deposited per Cash Receipt No. 69878 Date: 11/10/2004 RVPUB\MXM1606513 C-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) BOND NO. SU5009615 INITIAL PREMIUM: $18, 638.00 SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 29859 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and 82 San Jacinto, LLC A California Corporation ("Developers"), 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, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 29859 ("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 , , ("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 One Million Two Hundred Forty Two Thousand Five Hundred Do11ais':. ($1,242, 500.00) , 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 performed at the time and in the manner therein specified and in all respects according to their intent RV PUB' MXM\606513 C-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 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 enforcing 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 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. This bond is executed and filed to comply with Section 66499 et sec . 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 Irvine , this 28th. day of July , 2004 . 82 San Jacinto, LLC (print name) Arch_Insurance Company Sdiety By: 7 /�1. ttoiney-in-Fact Janina Monroe (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. RVPUB1MXM16065 I3 C-3 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 6907 State of County of �l./ll-I!lllflllf,/llllllll�llJlfl.�flfl./l.Ill1IJl�!•,`1 California Orange On JUL 2 8 ?nn4 before me, V.M. Campbell, Notary Public DATc NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Janina Monroe NAME(S) OF SIGNERS) ❑ 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 ac- knowledged 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 instrument. ® personally known to me - OR - V. M. CAMPBELL Commission # 1381807 _ 3 -"I Notary Public — California >r.1 Orange County My Comm. Exp'res Nov25, 2a76 WITNESS my hand and o 810N V.M. Camp OPTIONAL c'al seal. RE OF NOTARY ell, Notary Public 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(8) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE •- fllfllr/./-/•ill-/l �/JI. � it111Jf1f./,.rf./.r!lflN.�ll./!./!Illffr lllllll./llllJllli� ©1993 NATIONAL NOTAFIY ASSOCIATION • 8238 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE ACKNOWI.EI)G'IENT State of California County of 0 Title of Document CA DhhtA0(4.) 1,6) , On Ur) I- ( 2M4 , before me, i-CI)gPli ntJ 09 bilu.s personally appeared • C . (.11410114 .r personally known to me - OR - [ ] proved to me on the basis of satisfactory evidence to be the person(i) whose name() 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() on the instrument the person(), or the entity upon behalf of which the persons() acted, executed the instrument. WITNESS my hand and seal. ,?,�ANGELINA P. WEBB .\ COMM. #1455539N i,(i NOTARY PUBLIC-CALIFORNIAt `YJ ORANGE COUNTY f+ MY COMM. EXP. DEC. 9, 2007 J1 RAT State of California County of Subscribed and sworn to before me on WITNESS my hand and seal. Title of Document ,by SIGNATURE OF NOTARY SUBSCRIBING WITNESS State of California County of Title of Document On , before me, the undersigned, a Notary Public for the state of California, personally appeared , a subscribing witness, [ ] personally known to me -OR- [ ] proved to me on the oath of , a credible witness, who is personally known to me, who being duly sworn deposed and said that he/she personally knows the subscribing witness and does not have beneficial or financial interest in the instrument. The subscribing witness whose name is subscribed to the within instrument, as a witness thereto, who, being duly sworn, deposes and says that he/she personally knows the principal and was present and saw , the same person(s) described in and whose name(s) is/are subscribed to the within and annexed instrument in his/her/their capacity(ies), as a party(ies) thereto, execute or acknowledge executing the instrument, and that said subscribing witness subscribed his/her name to the within instrument as a witness at the request of and principal requested subscribing witness to take and have the instrument notarized. WITNESS my hand and seal SIGNATURE OF NOTARY Copyright 9 1994, All Rights Reserved, California School of Notary Public BOND NO. S115009615 INITIAL PREMIUM: Included in cost of SUBJECT TO RENEWAL Performance Bond CITY OF SAN JACINTO TRACT MAP 29859 IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and 82 San Jacinto, LLC A California 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, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 29859 ("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 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, 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 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 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 work or labor upon the same and all persons supplying both work and materials as aforesaid Six Hundred Twenty One Thousand Two Hundred Fifty excepting the Principal, the sum of RVPUB MXM1606513 C-4 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Dollars. ($621,250.00) , said sum being not less than 50 % 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 jointly 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 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 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 seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for 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. RVPUBVMXM1606513 C-5 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 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 Irvine , this 28th.day of July , 2004 . 82 San Jacinto, LLC Arch -Insurance Principal By: President By: Company Surety Attorney -in -Fact Janina Monroe (print name) V (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. RVPUBIMXM1606513 C-6 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) OFFICIAL CALIFORNIA .NOTARIAL CERTIFICATE ACKNOWLEDGMENT State of California County of (Any.) Title of Document On Auku f4- 9 t tol)4 , before me, edihmtlliO C-ft 1prevpwPt, f (it14t c� , 1,(J¢.�,! tl personally appeared personally known to me - OR - [ ] proved to me on the basis of satisfactory evidence to be the person($) whose name(f) is'laIe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/!/their authorized capacity(.ies), and that by his,14er/4heir signaturesd) on the instrument the person(), or the entity upon behalf of++hich the personsO acted, executed the instrument. WITNESS my hand and seal. ANGELINA P. WEBB COMM. #1455539N NOTARY PUBLIC-CALIFORNIAE1 ORANGE COUNTY �. MY COMM. EXP. DEC. 9. 2007 r J t'RAT State of California County of Subscribed and sworn to before me on WITNESS my hand and seal. Title of Document ,by SIGNATURE OF NOTARY SUBSCRIBING WITNESS State of California County of Title of Document On , before me, the undersigned, a Notary Public for the state of California, personally appeared , a subscribing winless, [ ] personally known to me -OR- [ ] proved to me on the oath of , a credible witness, who is personally known to me, who being duly sworn deposed and said that he/she personally knows the subscribing witness and does not have beneficial or financial interest in the instrument. The subscribing witness whose name is subscribed to the within instrument, as a wimess thereto, who, being duly sworn, deposes and says that he/she personally knows the principal and was present and saw , the same person(s) described in and whose name(s) is/are subscribed to the within and annexed instrument in his/her/their capacity(ies), as a party(ies) thereto, execute or acknowledge executing the instrument, and that said subscribing witness subscribed his/her name to the within instrument as a witness at the request of and principal requested subscribing witness to take and have the instrument notarized. WITNESS my hand and seal SIGNATURE OF NOTARY Copyright © 1994, All Rights Reserved, California School of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No, 5207 c.Fltllllffltlll'flll�^lllllfllJ��l.�lflf./jnr!llllfi l�"lllll!!lj!!./li��llfl� 'State of California County of Orange On JUL 2 8 71104 before me, V.M. Campbell, Notary Public DATc personally appeared Janina Monroe ® personally known to me - OR - ❑ V.l\' CAMPBELLI) Corer nisslon It 1 331 8 7 ^ Ia,°'o.r F !ic — California C"mge County 1r CC, 171 Expires Nov 2a20.76 NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' NAME(S) OF SIGNER(S) 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 ac- knowledged 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 instrument. WITNLSS my hand and official se nk, OPTIONAL SIG A URE OF OTARY V.M. Campbell, Notary Public Though the data below is not required by lew, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of thls form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) 0 LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 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. RIDER Bond No. SU5009615 In consideration of the premium charged, it is understood and agreed that: Effective from the 28th day of July 2004. The bond to which this rider is attached and becomes a part thereof shall be and the same is hereby amended by changing the bond amount. Performance bond amount from $1,242,500 to $1,203,912.48 Labor and Material bond amount from $621,250 to $1,203,912.48 TR #29859 streets/water/sewer Provided, however, that the liability of Arch Insurance Company under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the undermentioned bond, other than as stated above. Attached to and forming a part of Bond No SU5009615 issued by the Arch Insurance Company dated the 28th day of July, 2004 on behalf of 82 San Jacinto, LLC a California corporation and in favor of City of San Jacinto. Signed this 16th day of November 2004. By: Arch Insurance Company Surety Victoria M Campbell , Attorney -in - City of San Jacinto 82 San Jacinto, LLC a California corporatoin Obligee By: STATE OF California COUNTY OF Orange On NOV 1 6 2004 PERSONALLY APPEARED , before me I- SS. Victoria M Campbell Janina Monroe, Notary Public J 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 acknowl- edged 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 instilment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the data below is not required by law, it fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL E CORPORATE OFFICER OPTIONAL This area for Official Notarial Seal may prove valuable to persons relying on the document and could prevent rmE(s) ❑ PARTNER(S) ❑ LIMITED E GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(51 OR EN rrf IE5) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 AT.T-PTTRPCISF .4C'KNfWTM(_FMFNT t)FFICIM. ( Al IFIrR'IA \uI ARIAI. I. !till -IC ATE ACKMnX Ei)GAIENT State of California County of Title of Document JJ'o�o%�. On /70✓ice lei //, 2o0Y" . before nme,''�",,-/ewe m • ��ssnc" personally appeared cT / • G, an u/i e...1 [,,]'personally known to me - OR [ ]-p,,werl In me ,,n the axis of ss,i: factory c•. i:leoec to be the person(. 1'whose namej,.?) is 'axe subscribed to the within instrument and acknov,ledeed to me that he'sla6'thef executed the same in his'iief/their authorized capacity(ipsj, and that by hisfhe'r.'theiir signatureGe) on the instrument the person(4, or the entity upon behalf of which the persons(syacted, executed the instntment. WITNESS my hand and seal. o— CmmIsIEM � i�_ KUSSNER Commission * 192004e Notary Public - California Orange Cotsly My Comm. Expires Sep 15, Jt'RAT State of California County of Subscribed and sworn to before me on WITNESS my hand and seal. Cry. •�--� . l SIGNATURE OF NOTARY Title of Document by SIGNATURE OF NOTARY SUBSCRIBING vt1T\ESS State of California County of Title of Document On , before me, the undersigned, a Notary Public for the state of California. personally appeared , a subscribine witness, [ ] personally known to me -OR- [ ] proved to me on the oath of , a credible witness, who is personally known to me, who beine duly sworn deposed and said that he she personally knows the subscribing witness and does not have beneficial or financial interest in the instrument. The subscribing wimess whose name is subscribed to the within instrument, as a witness thereto, who, being duly sworn, deposes and says that he she personally knows the principal and was present and saw , the same person(s) described in and whose name(s) istare subscribed to the within and annexed instrument in hisher/their capacity(ies), as a party(ies) thereto, execute or acknowledge executing the instrument, and that said subscribing winless subscribed his'her name to the within instrument as a witness at the request of and principal requested subscribing witness to take and have the instrument notarized. WITNESS my hand and seal SIGNATURE OF NOTARY Copyright e' 1994, All Riehts Reserved, California School of Notary Public 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. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal once in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or mare bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AGENDA ITEM 5, November 18, 2004 TO: The Honorable ayor and Members of the City Council FROM: Habib Motlagh City Engineer SUBJECT: Final Tract Maps 30878 and 30878-1 — Park Meadows 171, LLC RECOMMENDATION: By motion, 1) approve Final Tract Maps 30878 and 30878-1 for recordation; and 2) authorize the City Manager to execute the subdivision agreement. BACKGROUND: Final Tract Map 30878-1 is a 77-single family subdivision on 20.64 gross acres, and Final Tract Map 30878 is a 94-single family on 34.65 gross acres, including a park and recreation improvements on Lot 94 and the reminder parcel, generally located at the northwest corner of Lyon Avenue and Seventh Street. The subdivision agreements securing the improvements in the amounts of $845,642.01 and $1,888,111.82 respectively have been submitted and are available for your review at the City Clerk's office. The subdivision agreement follows the City Attorney's template provided for City's use. An irrevocable Standby Letter of Credit in the amount of $50,000 (279011621-CMT4) has also been posted with the City of San Jacinto securing the interim storm drain facilities required of this project. As conditioned of this project, the developer successfully completed on November 6, 2004, the annexations to the City's Community Facilities District 2003-1, and Assessment District 2003-1. Annexation to the City's Lighting Landscaping Park District No. 2 is included in this agenda in the Public Hearing Section. Additionally, developer has paid its financial obligation to the City in the amount of $544,000, under the terms of the recorded Development Agreement between the City and developer. Page 1 of 2 Appro City Manager: Finance Director: JUSTIFICATION: Final Tract Maps 30878 and 30878-1 are complying with the requirements of the Subdivision Map Act, the City of San Jacinto Subdivision Ordinance, and the conditions of approval as conditioned by the Planning Commission on December 12, 2002. The developer is working with Riverside County Flood Control to finalize the connection to Line "E." In the event this connection is not permitted, the developer can revert to the original condition of approval which requires installation of onsite permanent basin. BUDGETARY IMPACT: Developer has paid the plan check and inspection fees associated to the review and approval of the final map and improvement plans. ATTACHMENTS: 1. Final Map 30878-1 Page 2 of 2 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF SAN JACINTO 201 E. Main Street San Jacinto, Ca 92583 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fee, per Government Code Section 6103 CITY OF SAN JACINTO, CALIFORNIA By: City Clerk AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30878 between THE CITY OF SAN JACINTO A California Corporation and Park Meadows 171, LLC, A California Limited Liability Company RVPUBVSB1655491 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30878 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this /eday of Y0%,l,/7eii-', 2004, by and between the City of San Jacinto, a California municipal corporation ("City") San Jacinto — Park Meadows 171, LLC, a California Limited Liability Company, with their principal office located 110 Lincoln Ave., Suite 200, Corona, CA 92882 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. On September 6, 2002, Owner submitted to City an application for approval of a tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"). The tentative tract map was prepared on behalf of Developer by Blaine A. Womer Civil Engineering and is identified in City records as Tract Map No. 30878. B. Developer's application for Tentative Tract Map 30878 was deemed complete on November 26, 2002. On December 12, 2002, the San Jacinto Planning Commission conditionally approved Developer's application for Tentative Tract Map No. 30878. C. Developer has not 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 (Government Code sections 66410 et seq.) ("Map Act"), the conditions of approval for Tract No.30878, 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, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 30878. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the Final Tract Map 30878. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the RVPUBWIXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 OF 14 (Updated: February, 2001) Recorder's Office of the County of Riverside; (c) the City Council of the City ("City Council") approves the final map for Tract No. 30878 and (d) Developer records the Final Tract Map No. 30878 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, and Developer may not thereafter record the final map for Tract No. 30878. 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. 30878, 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. 30878 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "B," 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 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 RVPUB\MXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 OF 14 (Updated February, 2001) federal, state and local laws, 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 perfonn 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 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 RVPUBU1XM1606513 PAGE 4 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February. 2001) 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 approval of the final map for Tract No. 30878. 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 be 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 laches, 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. 30878 shall conform 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. 30878 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 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. R VPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 5 OF 14 (Updated: February, 2001) 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. 30878. 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: Remedies. 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 complete or 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 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 RVPUB\MX ne06513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 6 OF 14 (Updated: February, 2001) 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. If Tract No. 30878 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 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 RVPUBIMXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 7 OF 14 (Updated: February, 2001) 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 Security: Surety Bonds. Prior to execution of this 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 Eight Hundred Forty Five Thousand Six Hundred Forty Two Dollars and One Cent ($845,642.01), 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. 30878, 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. 30878. 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 Eight Hundred Forty Five Thousand Six Hundred Forty Two Dollars and One Cent ($845,642.01), 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 City's anticipated administrative and legal expenses arising out of such claims. 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 RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8 OF 14 (Updated: February, 2001) 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 "C", 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 "C" 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. 30878 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 Seven Hundred Dollars and No Cents ($2,700.00), 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. 30878. 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 Developers default on those obligations for which security has been provided pursuant to Sections 13.0 et seq. 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 arising out of construction or maintenance of the Public Improvements, or performance 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, RVPUB1MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9 OF 14 (Updated: Febntary, 2001) 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 not 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 employersliability 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 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. RVPUBIMXM1606513 PAGE 10 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 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 perfonned 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 with 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 Agreement, any map related to Tract No. 30878, 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 RVMJB1MXMv11606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 11 OF 14 (Updated: February, 2001) 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: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Community Development Director (909) 487-7330 DEVELOPER: Park Meadows, 171, LLC 110 North Lincoln Ave., 2°d Floor Corona, Ca 92882 Attn: Joseph J. Kish Managing Member (951) 898-1234 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. 20.5 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. RVPUB\MXMI606513 20.6 Waiver. City's failure to insist upon strict compliance with any provision of SUBDIVISION IMPROVEMENT AGREEMENT PAGE 12 OF 14 (Updated: February, 2001) this 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 City's actions are intentional 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. 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 R VPUB MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 OF 14 (Updated: February, 2001) 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. RVPUB\MXM\606513 20.13 Counterparts. This Agreement may be executed in counterpart originals, SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14 OF 14 (Updated: February. 2001) which taken together, shall constitute one and the same instrument. By: CITY: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Community Development Director (909) 487-7330 Peter A. Cosentini City Manager ATTEST: By: Dorothy L. Chouinard City Clerk DEVELOPER: Park Meadows 171, LLC by Griffin Communities a California Corporation Managing Member By: / f0(6t-r. /r��(signature ,L7?; //1 (1 R irk/ SPC.rT ca 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. RVPUBN-MXM\606513 PAU'E 1F14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated, February, 2001) ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF F-14 Q.I(5 I (IC } On N w e nl OC V 54" , 2004, before me, Liw41 YftGti C.% , the undersigned notary public, personally appeared D&il-c E • Qr , y. bh 101 V IZ • yl)c vi i c.(2 , ( )personally known to me OR ( ) proved to me on tlie' 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 instrument. WITNESS my hand and vial Signature of No`(ary J. • J♦ b l 1 J A 6 USA MANDICH COMM.#1361767 rn Notary Public -California to RIVERSIDE COUNTY My Comm. Exp. June 21, 2006 r rr-r.r rr rr .. r-r ♦ . i-. r RVPUB\MXM1606513 (CAPACITY CLAIMED BY SIGNER: _ Individual(s) _Corporate _ Partner(s) _ Attorney -in -Fact _ Trustee(s) _ Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT1TY(IES) SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Exhibit 'A' City of San Jacinto Road Dedication (APN 431-160-005) The Easterly 30.00 feet of the Southeast quarter of the Southwest quarter of Farm Lot 152 of the Lands of the San Jacinto Land Associates as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California; See attached Exhibit 'B'. RV PUB\MXMM\6G6513 EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 30878 B-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) BY: CHRIS HOPPER JAMES W. UNLAND & ASSOCIATES CIVIL ENGINEERS 3550 EAST FLORIDA AVENUE SUITE G HEMET, CA 92544 (909)652-5575 FAX (909)925-6490 DATE 09/20/2004 BOND & INSPECTION ESTIMATE - CITY OF SAN JACINTO PROJECT: TRACT 30878 LOCATION: NORTHEAST CORNER LYON AVENUE AND ESPLANADE LOTS 93 ITEM DESCRIPTION 1A 4" AC/12" AGG BASE W/FOG SEAL 4" AC PAVEMENT 12" AGGREGATE BASE FOG SEAL 113 3" AC/8" AGG BASE W/FOG SEAL 3" AC PAVEMENT 8" AGGREGATE BASE FOG SEAL 1C 2" AC PAVEMENT OVER NATIVE 1D GRIND & OVERLAY EXISTING 2A 6" CURB AND GUTTER 2B 8" CURB AND GUTTER 3 CURB TRANSITION 8" TO 6" 4 DRIVEWAY APPROACH 5 CROSS GUTTER AND SPANDREL 6 4" PCC SIDEWALK 7 HANDICAP ACCESS RAMPS 8 TEMPORARY AC TURNAROUND 9 BARRICADE 10 GUIDE MARKERS 11 STREET LIGHTS 12 STREET NAME SIGNS 13 STOP SIGNS 14 WARNING SIGNS 16A SAWCUT AND REMOVE AC PAVEMENT 16B REMOVE BARRICADE 16C RELOCATE UTILITY POLE 16D ADJUST WATER VALVE TO GRADE 16E RELOCATE BLOW -OFF (SEE WATER) 16F RELOCATE WATER METER 16G REMOVE EXISTING CATCH BASIN 16G REMOVE EX. 24" RCP 20 CATCH BASIN - 4' 20A CATCH BASIN - T 21 36" RCP (1350 D) 22 30" RCP(1350-D) 22 24" RCP CLASS IV 23 18" RCP (1500D) 24 STORM DRAIN MANHOLE 25 TYPE IX INLET 26 CURB OUTLET STRUCTURE 27 JUNCTION STRUCTURE 28 JUNCTION STRUCTURE -CHANNEL 29 TRANSITION STRUCTURES 30 CONCRETE COLLAR 31 RIP RAP 32 BROOKS CATCH BASIN W/PIPE 33 SPEED HUMPS UNIT PRICE UNIT QUANTITY TOTAL SF $ 35.00 TON 15.00 CY 0.03 SF SF 163,520 35.00 TON 2,964 103,733.00 15.00 CY 4,038 60,562.96 0.03 SY 163,520 4,905.60 35.00 TON 0.75 SF 6.50 LF 8,657 56,270.50 6.75 LF 9.00 LF 1.95 SF 8,928 17,409.60 3.65 SF 3,344 12,205.60 1.75 SF 39,129 68,475.75 300.00 EA 4 1,200.00 2,500.00 EA 1,500.00 EA 50.00 EA 2,850.00 EA 17 48,450.00 275.00 EA 7 1,925.00 225.00 EA 6 1,350.00 225.00 EA 10 2,250.00 0.50 SF 2,518 1,259.00 500.00 EA 7 3,500.00 5,000.00 EA 150.00 EA 1,250.00 EA 750.00 EA 1,000.00 EA 25.00 EA 3,500.00 EA 5,000.00 EA 86.00 LF 76.00 LF 72.00 LF 45.00 LF 4,500.00 EA 1,750.00 EA 2,500.00 EA 2,500.00 EA 3,500.00 EA 3,000.00 EA 1,500.00 EA 100.00 CY 4,500.00 EA 1,500.00 EA 5 7,500.00 SUBTOTAL STREET IMPROVEMENTS $ 390,997.01 SUBTOTAL SEWER AND WATER IMPROVEMENTS $ 225,240.00 50°0 OF WATER & SEWER $ 112,620.00 TOTAL IMPROVEMENTS FOR INSPECTION $ 503,617.01 CITY INSPECTION FEE 2.50% $ 12,590.43 BOND AMOUNT $ 616,237.01 PAGE 1 OF 2 JAMES W. UNLAND & ASSOCIATES CIVIL ENGINEERS 3550 EAST FLORIDA AVENUE SUITE G HEMET, CA 92544 (909)652-5575 FAX (909)925-6490 BY: CHRIS D. HOPPER, RCE 34821 DATE 08/13/2004 BOND & INSPECTION ESTIMATE - CITY OF SAN JACINTO PROJECT: TRACT 30878 LOCATION: NORTHEAST CORNER LYON AVENUE AND ESPLANADE LOTS 93 NOTE # DESCRIPTION UNIT PRICE UNIT QUANTITY TOTAL 1 12" SEWER $ 35.00 LF $ 0.00 2 10" SEWER $ 30.00 LF $ 0.00 3 8" SEWER 20.00 LF 1,905 38,100.00 4 4" SEWER LATERAL 14.00 LF 1,983 27,762.00 5 48" MANHOLE 1,900.00 EA 3 5,700.00 6 48" TERMINUS MANHOLE 1,900.00 EA 6 11,400.00 7 8" CLEANOUT 550.00 EA 0.00 8 4" CLEANOUT 350.00 EA 64 22,400.00 9 12" PLUG 135.00 EA 0.00 10 8" PLUG 135.00 EA 0.00 11 REMOVE CLEAN OUT 135.00 EA 3 405.00 12 REMOVE 8" PLUT 135.00 EA 2 270.00 1 8" PVC C-900 CL 150 16.00 LF 2,848 45,568.00 2 WET TAP EXISTING- 8" 5,000.00 EA 0.00 3 WET TAP EXISTING - 6" 3,500.00 EA 0.00 4 FIRE HYDRANT 1,700.00 EA 12 20,400.00 5 WATERSERVICE/METER 455.00 EA 84 38,220.00 6 WATER SERVICE W/O METER 455.00 EA 0.00 7 WATER SERVICE W/ METER ONLY 455.00 EA 3 1,365.00 8 1" AIR VALVE 2,000.00 EA 1 2,000.00 9 TEMPORARY 6" BLOW OFF 1,200.00 EA 0.00 10 8" R.S.G.V. 500.00 EA 3 1,500.00 11 8" TEE 250.00 EA 2 500.00 12 8" CROSS 300.00 EA 0.00 13 8" 45D BEND 250.00 EA 6 1,500.00 14 8" 22.5D BEND 250.00 EA 2 500.00 15 8" 11.25D BEND 250.00 EA 1 250.00 16 8" FXH ADAPTER 250.00 EA 0.00 17 REMOVE BLOW OFF 450.00 EA 8 3,600.00 18 REMOVE AIR VALVE 250.00 EA 2 500.00 19 RELOCATE AIR VALVE 450.00 EA 4 1,800.00 20 6" BLOW OFF 1,500.00 EA 1 1,500.00 TOTAL SEWER AND WATER BOND AMOUNT $ 225,240.00 INSPECTION FEE = 2.5% OF 50% OF BOND AMOUNT $ 2,815.50 PAGE 2 OF 2 OCT- 5-04 TUE 4:13 PM UNLAND & ASSOCIATES FAX NO, 951 925 6490 Griffin Communities Landscape Cost Estimate Park Meadows LMb Tr 30878 Streetscapes and Park 0/22/2004 Item Qty Unit Cost Sub -Total Softscape Trees 15 Gallon 177 ea $65.00 $11,505 5 Gallon 25 ea $35.00 $875 Shrubs 5 Gallon 1,278 ea $14.00 $17,892 1 Gallon 976 ea $4.00 $3,904 Groundcover 11,700 sf $0.50 $5,850 Turf- Hydroseeded 17,300 sf $0.08 $1,384 Bark Mulch 28,000 sf $0.20 $5,600 Soil Prep & Fine Grading 46,100 sf $0,05 $2,305 Irrigation 46,100 sf $1.50 $69,150 Total: $118,465 $118,465 Hardscape Tot - Lot Area Play Equipment - Allow 1 ea $25,000.00 $25,000 Play Surface - Bark Mulch 2,600 sf $1.00 $2,600 Sports Court / Basket Ball Play Surface - Concrete 8,680 sf $3.00 $26,040 Equipment - Allow 2 ea $5,000.00 $10,000 Ammenities Benches - Allow 18 ea $300.00 $5,400 Trash Containers - Allow 4 ea $150.00 $600 Monument Sign 1 ea $15,000.00 S15,000 Concrete Walk Paving 3,000 sf $2.00 $6,000 Picnic Shelter - Allow 1 ea $15,000.00 $15,000 Picnic Tables 6 ea $800.00 $4,800 Bike Racks 2 ea $250.00 $500 Total: $110,940 $110,940 Grand Total $229,405 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 30878 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: $845,642.01 Surety: Attorney -in -fact: Address: MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $845,642.01 Surety: Attorney -in -fact: Address: CASH MONUMENT SECURITY: $2,700.00 Amount deposited per Cash Receipt No. "7 Oy// Date: RVPUBWM\MM\606513 C-1 / / /7-0 c/ SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Premium is fully earned for the initial term of two years. Renewable annually thereafter. BOND NO. 213 44 69 INITIAL PREMIUM: $11,493.00 SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 30878 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Park Meadows 171, L.L.C., a California Limited Liability Company ("Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30878 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated , ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Insurance Company of the West ("Surety"), a corporation organized and existing under the laws of the State of CA , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Eight Hundred Forty Five Thousand Six Hundred Forty Two Dollars and 01/100 ($ 845,642.01 ), 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 RVPUB\MKM`.606S 13 C-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) performed 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 enforcing 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 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. This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of Califomia 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 San Diego , this 28th day of October , 2004 . Park Meadows 171, L.L.C., a California Limited Liability Company BY: Griffin Communities, a California corporation, as Managing Member NOTE: RVPLB\ ccM\606613 Insurance Company of the West Surety By: Attorney -in -Fact David C. Banfer (print name) (print name) Phillip R. Broderick, Secretary 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. sUBDNrSrON cWPROVEbfENTAGREEMENT C-3 (Updated: February, 2001) STATE OF CAL COUNTY OF CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Tss On S 01/4-4 before me, V` l/L-, If I l CIA - personally appeared 'e ,• `1 v 1\( I`yn� I\' \'`(n • r1/ Ddr t' '0V personally known to me (or proved to me on the basis of satisfactory evidence) o 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 h fyktB�i ejge on(s) acted, executed the instrument. WITNESS my hand and Signature y LISA MAN DICH COMM.0361757 m Notary Public -California CYl ui ' RIVERSIDE COUNTY My Comm. Exp. June 21, 2006 This area for official notarial seal. 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 � Title or Type of Document: Y e y ki V m Q[ �{' fhwn dk 1- Document Date: Number of Pages: Signer(s) other than named above CAPACITY(IES) CLAIMED BY SIGNER(S) [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) TITLE(S) [ ] PARTNER(S)- [ ] LIMITED [ ] GENERAL [ ] ATTORNEY -IN -FACT [ ] TRUSTEE(S) [ ] GUARDIAN OR CONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: Right Thumbprint ot Signer Top of thumb here [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) TITLE(S) [ ] PARNER(S)- [ ] LIMITED [ ] GENERAL [ ] ATTORNEY -IN -FACT [ ] TRUSTEE(S) [ ] GUARDIAN OR CONSERVATOR [ ] OTHER Right Thumbprint ot Signer Top of thumb here No. 0004047 } SS. ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DAVID C. BANFER their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. John H. Craig, Assistant Secretary State of California County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President MARY COBB COMM. #1321341 n NOTARY PUBLIC-CALIFORNIA to SAN DIEGO COUNTY 2 My Commission Expires SEPTEMBER 20. 2005 t Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile siontnres and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures: and the signature and seal of any notary, and the seal of the Company, may he facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West. The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in fitll force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in ftdl force. 71/ IN WITNESS WHEREOF, I have set my hand this r0 day of OCr . , John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details oldie bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. Signature l/1vtk Donna G. Banfer, Notary Public STATE OF California SS. COUNTY OF San Diego On October 28, 2004 before me Donna G. Banfer, Notary Public PERSONALLY APPEARED David C. Banfer 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(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. WITNESS my hand and official seal. 1 im-) OPTIONAL DONNA G. BANFER Commission # 1504021 i Notary Public - Califomla San Diego County My Comm. Expires Jul 27, 2008 This area for Official Notarial Seal 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(5) ❑ LIMITED ❑ GENERAL X❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(5) OR ENTITY(ES) Insurance Company of the West TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-0B1 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT LC.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 E1 Camino Real, San Diego, CA 92130-2045 P.O. BOX 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (838) 350-2707 www,icwgroup_com 13ondNumber: 213 44 69 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism Iosses in excess of a statutory established deductible to the insurance company issuing the bond, In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1,00). Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged Annually. BOND NO. 213 44 69 INITIAL PREMIUM: Premium Included in Performance Bond SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP 30878 IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Park Meadows 171, L.L.C., a California Limited Liability Company ("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, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30878 ("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 �/�✓, / 8, , zo/("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, 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 attomey's fee in case suit is brought on the bond. NOW, THEREFORE, Principal and Insurance Company of the West ("Surety"), a corporation organized and existing under the laws of the State of CA , and duly authorized to transact business under the Iaws 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 work or labor upon the same and all persons supplying both work and materials as aforesaid RVFuB4M}CLt\606513 C-4 SUBDNISION IMPROVEMENT AGREEMENT (Updated: February, 2001) excepting the Principal, the sum of Eight Hundred Forty Five Thousand Six Hundred Forty Two Dollars and 01/100 ;S 845,642.01 ), 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 jointly 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 in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey'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 seg. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for 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 ruith Section 3082) of Part 4 ofDivision 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, sha1L 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. RVPUB4W X1.1%606513 C-5 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 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 Attomey-in-Fact at San Diego , this 28th day of October , 2004 Park Meadows 171, L.L.C., a California Limited Liability Company BY: Griffin Communities, a California corporation, as Managing Member Principal By: NOTE: RVPUMM) A\666513 By: esident . Griffin, President f rz i/47(6 rint name) Phillip R. Broderick, Secretary Insurance Company of the West Surety Attorney -in -Fact David C. Banfer (print name) 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. SUBDIVISION IMPROVEMENT AGREEMENT C-6 (Updated: February, 2001) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA 'v l COUNTY OF TA.)TA.)V VC.ib before me n p r 1n �2- personally appeared (� l C, - \� Y 1 � �1 �� 1 1! 1 � tp personally known to me (or proved to me on the basis of satisfactory &vidtnce) to 6e the jerson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they execute 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 pf J+�yuy n13) acted, executed the instrument. WITNESS my hand and offic Signature LISA MANDICH COMM. #1361757 rn Notary Public -California N RIVERSIDE COUNTY -` My Comm. Exp. June 21, 2006 f This area for official notarial seal. 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 ,p ��Xl,� f Title or Type of Document: L.(,�L.Y l�; Y � y io I'� �' ' L�^ �')U Y Lf1 } Document Date: Signer(s) other than named above CAPACITY(IES) CLAIMED BY SIGNER(S) INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S)- [ ] LIMITED [ ] GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN OR CONSERVATOR OTHER SIGNER IS REPRESENTING: Number of Pages: Right Thumbprint of signer Top of thumb here [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) TITLE(S) [ ] PARNER(S)-[ ] LIMITED [ ] GENERAL [ ] ATTORNEY -IN -FACT [ ] TRUSTEE(S) [ ] GUARDIAN OR CONSERVATOR [ ] OTHER Right Thumbprint of signer Top of thumb here No. 0004047 } SS. ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DAVIT) C. BANFER their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. John H. Craig, Assistant Secretary State of Cali fomia County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY [INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President MARY COBB COMM. #1321341 NOTARYPUBLIC-CALIFORNIA to SAN OIEGO COUNTY 9, My Cotmmiss on Expires SEPTEMBER 20. 2005 ! r' Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in MI force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in II force. IN WITNESS WHEREOF, I have set my hand this 'day of 0 CTD6�p , John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. STATE OF California COUNTY OF San Diego On October 28, 2004 , before me Donna G. Banfer, Notary Public PERSONALLY APPEARED David C. Banfer SS. 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(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. WITNESS my hand and official seal. Signature -• •=i/l✓l Donna G. Banfer, Notary Public OPTIONAL DONNA G. BANFER Commission # 1504021 j Notary Public - California San Diego County My Comm. Expires Jul 27, 2008 This arca for Official Notarial Scal 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 SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLEIS) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER 1S REPRESENTING: NAME OF PERSON(51 OR ENTITY(IES) Insurance Company of the West DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-O81 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT LC.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Canino Real, San Diego, CA. 92130-2045 P.Q. BOX 85563, San Diego, CA 92186-5563 (858) 350 2400 FAX (858) 350-2707 Www.icwgroup_com Bond Number; 213 44 69 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002_ In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act The United States will pay 90% of covered terrorism Iosses in excess of a statutory established deductible to the insurance company issuing the bond, In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the teens of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar (S1,00). Important Notice: The cost of terrorists coverage is subject to change on any bond that premium is charged annually. Bond Details C/�i Page 1 of Bond Details for: 213 44 69 Status: Bond Form: Current Effective Date: Expiration Date: Subsidiary: Description: Bond Amount: Contract Amount: Type of Bond: SAA Code: Initial Effective Date: Principal Name: Address: State of Incorporation: Other Information Agency: Site: Contract Date: Attorney -in -fact: State of Execution: Attorney -in -Fact City: By:: BY: Griffin Communities, a California corporation, as Managing Member: Phillip R. Broderick, Secretary: Premium is fully earned for the initial term of two years. Renewable annually t: Principal President Signature Name: Surety Notary County of: Surety Notary Name: Surety Notary State of: Tract Number: Number of Units: SurePath ID (Long): Bond Validation Number (BVN): Issuing Carriers In Effect CA City of San Jacinto Subdivision Performance Bond Rev 10/28/2004 10/28/2005 Griffin Communities, a California corporation CA City of San Jacinto Subdivision Performance Bond Rev $845,642.01 $845,642.01 Contract General Improvement Bond (796) 10/28/2004 Park Meadows 171, L.L.C., a California Limited Liability Company 110 N. Lincoln Ave. 2nd Fir Corona, CA 92882-1853 CA Obligee Name: Address. State of Obligation: Obligee Type: On Tract Insurance Services On Tract Insurance Services (CA, San Diego) David C. Banfer CA San Diego By: 2-01 (General Improvement Bond) 2-01 (General Improvement Bond) City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 CA city BY: Griffin Communities, a California corporation, as Managing Member Phillip R. Broderick, Secretary Premium is fully earned for the initial term of two years. Renewable annually thereafter. Dale E. Griffin, President San Diego Donna G. Banfer, Notary Public California 30878 93 (6D80DEC8-8022-4A2C-881 A-599DD304BE35} SYU1-AD6U-3KS8-1LTH Insurance Company of the West Bond Number: Initial Liability: Outstanding Liability: Premium Amount: Comments 213 44 69 $845,642.01 $845,642.01 $11,493.00 Percent Complete: 0 https://www.insurevision.com/surepath/sp2BondDetails.asp?BondID= { 6D 8ODEC8-8022-4A2C-881 A-599... 10/28/200 Premium is fully earned for the initial term of two years. Renewable annually thereafter. BOND NO. 213 44 69 INITIAL PREMIUM: $11,493.00 SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 30878 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Park Meadows 171, L.L.C., a California Limited Liability Company ("Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30878 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated , ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Insurance Company of the West ("Surety"), a corporation organized and existing under the laws of the State of CA , and duly authorized to transact business under the laws of the State of California, are held and finely bound unto City in the sum of Eight Hundred Forty Five Thousand Six Hundred Forty Two Dollars and 01/100 ($ 845,642.01 ), 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 RbPUB'M)Gb4\606513 C-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) performed 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 enforcing 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 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. This bond is executed and filed to comply with Section. 66499 et seg. 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 San Diego , this 28th day of October , 2004 Park Meadows 171, L.L.C., a California Limited Liability Company BY: Griffin Communities, a California corporation, as Managing Member Insurance Company of the West Principal By: NOTE: Pre ent DalehE. Griffin, President By: � �� /G Cd""gt/!/ RVPLa' XM\606513 Surety By: Attorney -in -Fact David C. Banfer (print name) (print name) Phillip R. Broderick, Secretary 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. SUSDrVfSTON DAPROVEMENT AGREEMENT C-3 (Updated: February, 2001) No. 0004047 } SS. ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DAVID C. BANFER their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. John H. Craig, Assistant Secretary State of California County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President MARY COBB [ COMM. #1321341 A NOTARY PUBLIC-CALi 0RNIA N SAN DIEGO COUNTY My Commission Expires SEPTEMBER 20, 2005 1 Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures: and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in fill force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in fall force. IN WITNESS WHEREOF, 1 have set my hand this ,,n day of OCret John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 I l I and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. STATE OF California COUNTY OF San Diego On October 28, 2004 before me, PERSONALLY APPEARED David C. Banfer 1. SS. Donna G. Banfer, Notary Public personally known to me (or proved to me an 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 instrument. WITNESS my hand and official seal. Signature j 1�Q Y D.. Do na G. Banfer, Notary Public DONNA G. BANFER Commission # 1504021 Notary Public - California San Diego County My Comm. Expires Jul 27, 2008 This area for Official Notarial Seal 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLEIS) ❑ LIMITED ❑ GENERAL X ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IE5) Insurance Company of the West TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT LC.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego, CA 92130-2045 P.O. BOX 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 wwwicwgroup.com. Bond Number; 213 44 69 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more ofthe above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act The United States will pay 00% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1,00), Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. BOND NO. 213 44 69 tNITIAI, PREMIUM: Premium Included in Performance Bond SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP 30878 IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Park Meadows 171, L.L.C., a California Limited Liability Company ("Developer"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, sex -vices, and incidentals for all grading, roads, paving, curbs an.d gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30878 ("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 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, 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 and Insurance Company of the West ("Surety"), a corporation organized and existing under the laws of the State of CA , 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 work or labor upon the same and all persons supplying both work and materials as aforesaid RVPUBN1XM1606513 C-4 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) excepting the Principal, the sum of Eight Hundred Forty Five Thousand Six Hundred Forty Two Dollars and 01/100 ,S 845,642.01 ), 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 jointly 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 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 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 seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for 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 Pan 4 ofDivision 3 of the Califomia 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. RVPUB\ 1XM',606513 C-5 SUBDIVISION IMPROVEMENT AGREEMENT (Update& February, 200:) TN WTTNESS 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 San Diego , this 28th day of October , 2004 . Park Meadows 171, L.L.C., a California Limited Liability Company BY: Griffin Communities, a California corporation, as Managing Member Principal By: By: President Dale E. Griffin, President By: NOTE: RVPUMI LM\606513 Insurance Company of the West Surety , Attomey-in-Fact David C. Banfer (print name) (print name) Phillip R. Broderick, Secretary 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. C-6 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) No. 0004047 55. ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"), do hereby appoint DAVID C. BANFER their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. John H. Craig, Assistant Secretary State of California County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instntment. and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President MARY COBB j COMM. #1321341 AA NOTARY PUBLIC-CALYFORNIA N SAN DIEGO COUNTY A My Commission Expires r' SEPTEMBER 20, 2005 1 ( Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship. and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may he affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in f ill force. IN WITNESS WHEREOF, I have set my hand this. day of John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. STATE OF California COUNTY OF San Diego On October 28, 2004 , before me Donna G. Banfer, Notary Public PERSONALLY APPEARED David C. Banfer SS. 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(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. WITNESS my hand and official seal. Signature Bet - I eA Donna G. Banfer, Notary Public DONNA G. BANFER Commission # 1504021 Notary Public - California t San Diego County ii My Comm. Expires Jul27, 2008r This area for Official Notarial Scal 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL • ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(5) OR ENTITY(IFS) Insurance Company of the West TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT I.C.W. GROUP Insurance Company of The West The Explorer .Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego, CA 92130-2045 P.Q. BOX 85563, San Diego, CA 92186-5563 (85S) 3502400 FAX (858) 350-2707 www.icsvgroup_com Bond Number; 213 44 69 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay MA of covered terrorism Iosses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any lass that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is dne DoLlar ($1.001. Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually_ RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF SAN JACINTO 201 E. Main Street San Jacinto, Ca 92583 ATTN: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fee, per Government Code Section 6103 CITY OF SAN JACINTO, CALIFORNIA By: City Clerk AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30878-1 between THE CITY OF SAN JACINTO A California Corporation and Park Meadows 171, LLC, A California Limited Liability Company RVPUBUSB1655491 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30878-1 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of thislg?day of No✓€iv-,b-a-,% , 2004, by and between the City of San Jacinto, a California municipal corporation ("City") San Jacinto — Park Meadows 171, LLC, a California Limited Liability Company, with their principal office located 110 Lincoln Ave., Suite 200, Corona, CA 92882 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. On September 6, 2002, Owner submitted to City an application for approval of a tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"). The tentative tract map was prepared on behalf of Developer by Blaine A. Womer Civil Engineering and is identified in City records as Tract Map No. 30878-1. B. Developer's application for Tentative Tract Map 30878-1 was deemed complete on November 26, 2002. On December 12, 2002, the San Jacinto Planning Commission conditionally approved Developer's application for Tentative Tract Map No. 30878-1. C. Developer has not 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 (Government Code sections 66410 et seq.) ("Map Act"), the conditions of approval for Tract No.30878-1, 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, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 30878-1. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the Final Tract Map 30878-1. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the R VPUB\MXMt6065I SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 OF 14 (Updated: February, 2001) Recorder's Office of the County of Riverside; (c) the City Council of the City ("City Council") approves the final map for Tract No. 30878-1 and (d) Developer records the Final Tract Map No. 30878-1 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, and Developer may not thereafter record the final map for Tract No. 30878-1. 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. 30878- 1, 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. 30878-1 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "B," 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 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 RVPUB\MXM1606513 PAGE 3 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public hmprovements 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 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 RVPUThMXM1606513 PAGE 4 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 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 approval of the final map for Tract No. 30878-1. 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 be 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 laches, 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. 30878-1 shall conform 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 Citys 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. 30878-1 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 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. RVPUBIMXM6065 13 PAGE 5 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 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. 30878-1. 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: Remedies. 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 complete or 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 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 RVPUBIMXM'.606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 6 OF 14 (Updated: February, 2001) 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. If Tract No. 30878-1 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 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 RVPUBVv1XM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 7 OF 14 (Updated: February, 2001) 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 Security_ Surety Bonds. Prior to execution of this 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 semi . 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 One Million Eight Hundred Eighty Eight Thousand One Hundred Eleven Dollars and Eighty Two Cents ($1,888,111.82), 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. 30878-1, 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. 30878-1. 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 One Million Eight Hundred Eighty Eight Thousand One Hundred Eleven Dollars and Eighty Two Cents ($1,888,111.82), 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 City's anticipated administrative and legal expenses arising out of such claims. 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 RVPUBIMXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8 OF 14 (Updated: February, 2001) 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 "C", 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 "C" 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. 30878-1 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 Seven Hundred Dollars and No Cents ($2,700.00), 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. 30878-1. 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 seq. 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 arising out of construction or maintenance of the Public Improvements, or performance 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 R V PUB\ s4XM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9 OF 14 (Updated: February, 2001) 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 not 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 employers' 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 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. RVPUB1MXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 10 OF 14 (Updated: February, 2001) 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 with 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 Agreement, any map related to Tract No. 30878-1, 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. RVPUB1MXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 11 OF 14 (Updated: February, 2001) 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: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Community Development Director (909) 487-7330 DEVELOPER: Park Meadows, 171, LLC 110 North Lincoln Ave., 2"d Floor Corona, Ca 92882 Attn: Joseph J. Kish Managing Member (951) 898-1234 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. 20.5 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this 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 RVPUB\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 12 OF 14 (Updated: February, 2001) of the same or similar type. The foregoing shall be true whether City's actions are intentional 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. 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 RVPUWMXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 OF 14 (Updated: February, 2001) 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. RVPUBIMXM1606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14 OF 14 (Updated: February, 2001) 20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. By: CITY: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Community Development Director (909) 487-7330 Peter A. Cosentini City Manager ATTEST: DEVELOPER: Park Meadows 171, LLC by Griffin Communities a California Corporation Managing Member By: By: Dorothy L. Chouinard (signature City Clerk Phi I(17 l', fir'nrIrrtc-ki ggcr 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. RVPUBVMXM\606513 /7 —,4 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14-GP1 (Updated: February, 2001) STATE OF CALIFORNIA ACKNOWLEDGMENT } '1' ^ } COUNTY OF NQ/A,1(X } On ty\tu 2004, before me, �F(,&_ 11/1, 1/1(, , the undersigned notary public, personally appeared C'►Y t�C C •1{ 1n `'i 9\11\\ 12 • P?Ivo(e r IJ&.. , ( )personally known to me OR ( ) proved to me on the basis or 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 instrument. WITNESS my hand a Signatuf Notary USA MANDICH lic381757 Notary Public -California m wA:+ RIVERSIDE COUNTY My Comm. Exp. June 21, 2006 RVPIJB\MXM\606513 CAPACITY CLAIMED BY SIGNER: _ Individual(s) _Corporate Partner(s) _ Attorney -in -Fact _ Trustee(s) _ Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) RVPUBV X1v11606513 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 30878-1 A-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Exhibit 'A' City of San Jacinto Road Dedication (APN 431-160-005) The Easterly 30.00 feet of the Southeast quarter of the Southwest quarter of Farm Lot 152 of the Lands of the San Jacinto Land Associates as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California; See attached Exhibit 'B'. RVPUBWIXM,606513 EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 30878-1 B-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) BY: CHRIS HOPPER JAMES W. UNLAND & ASSOCIATES CIVIL ENGINEERS 3550 EAST FLORIDA AVENUE SUITE G HEMET, CA 92544 (909)652-5575 FA X (909)925-6490 DATE 10/03/2004 BOND & INSPECTION ESTIMATE - CITY OF SAN JACINTO PROJECT: TRACT 30878-1 LOCATION: NORTHEAST CORNER LYON AVENUE AND ESPLANADE LOTS 77 ITEM DESCRIPTION 1A 4" AC/12" AGG BASE W/FOG SEAL 4" AC PAVEMENT 12" AGGREGATE BASE FOG SEAL 1B 3" AC/8" AGG BASE W/FOG SEAL 3" AC PAVEMENT 8" AGGREGATE BASE FOG SEAL 1C 2" AC PAVEMENT OVER NATIVE 1 D GRIND & OVERLAY EXISTING 2A 6" CURB AND GUTTER 2B 8" CURB AND GUTTER 3 CURB TRANSITION 8" TO 6" 4 DRIVEWAY APPROACH 5 CROSS GUTTER AND SPANDREL 6 4" PCC SIDEWALK 7 HANDICAP ACCESS RAMPS 8 TEMPORARY AC TURNAROUND 9 BARRICADE 10 GUIDE MARKERS 11 STREET LIGHTS 12 STREET NAME SIGNS 13 STOP SIGNS 14 WARNING SIGNS 16A SAWCUT AND REMOVE AC PAVEMENT 16B REMOVE BARRICADE 16C RELOCATE UTILITY POLE 16D ADJUST WATER VALVE TO GRADE 16E RELOCATE BLOW -OFF (SEE WATER) 16F RELOCATE WATER METER 16G REMOVE EXISTING CATCH BASIN 16G REMOVE EX. 24" RCP 20 CATCH BASIN - 4' 20A CATCH BASIN - 7' 21 36" RCP (1350 D) 22 30" RCP(1350-D) 22 24" RCP CLASS IV 23 18" RCP (15000) 24 STORM DRAIN MANHOLE #4 24A STORM DRAIN MANHOLE #1 25 TYPE IX INLET 26 CURB OUTLET STRUCTURE 27 JUNCTION STRUCTURE 28 JUNCTION STRUCTURE -CHANNEL 29 TRANSITION STRUCTURES 30 CONCRETE COLLAR 31 RIP RAP 32 BROOKS CATCH BASIN W/PIPE 33 SPEED HUMPS UNIT PRICE UNIT QUANTITY TOTAL SF 115,935 $ 35.00 TON 2,774 $ 97,081.07 15.00 CY 4,294 64,408.33 0.03 SF 115,935 3,478.05 SF 174,720 35.00 TON 3,167 110,838.00 15.00 CY 4,314 64,711.11 0.03 SY 174,720 5,241.60 35.00 TON 0.75 SF 41,376 31,032.00 6.50 LF 7,676 49,894.00 6.75 LF 2,890 19,507.50 9.00 LF 330 2,970.00 1.95 SF 7,498 14,621.10 3.65 SF 8,202 29,937.30 1.75 SF 78,189 136,830.75 300.00 EA 28 8,400.00 2,500.00 EA 1 2,500.00 1,500.00 EA 7 10,500.00 50.00 EA 10 500.00 2,850.00 EA 46 131,100.00 275.00 EA 9 2,475.00 225.00 EA 9 2,025.00 225.00 EA 12 2,700.00 0.50 SF 58,600 29,300.00 500.00 EA 5,000.00 EA 9 45,000.00 150.00 EA 7 1,050.00 1,250.00 EA 2 2,500.00 750.00 EA 1 750.00 1,000.00 EA 1 1,000.00 25.00 EA 44 1,100.00 3,500.00 EA 11 38,500.00 5,000.00 EA 2 10,000.00 86.00 LF 394 33,884.00 76.00 LF 276 20,976.00 72.00 LF 2,345 168,840.00 45.00 LF 613 27,585.00 4,500.00 EA 2 9,000.00 3,500.00 EA 5 17,500.00 1,750.00 EA 1 1,750.00 2,500.00 EA 1 2,500.00 2,500.00 EA 6 15,000.00 3,500.00 EA 3,000.00 EA 2 6,000.00 1,500.00 EA 1 1,500.00 100.00 CY 4,500.00 EA 1,500.00 EA 6 9,000.00 SUBTOTAL STREET IMPROVEMENTS $ 1,233,485.82 SUBTOTAL SEWER AND WATER IMPROVEMENTS $ 654,626.00 50% OF WATER & SEWER $ 327,313.00 TOTAL IMPROVEMENTS FOR INSPECTION $ 1,560,798.82 CITY INSPECTION FEE 2.50% $ 39,019.97 BOND AMOUNT $ 1,888,111.82 PAGE 1 OF 2 JAMES W. UNLAND & ASSOCIATES CIVIL ENGINEERS 3550 EAST FLORIDA AVENUE SUITE G HEMET, CA 92544 (909)652-5575 FAX (909)925-6490 BY: CHRIS D. HOPPER, RCE 34821 DATE 10/03/2004 BOND & INSPECTION ESTIMATE - CITY OF SAN JACINTO PROJECT: TRACT 30878-1 LOCATION: NORTHEAST CORNER LYON AVENUE AND ESPLANADE LOTS T7 NOTE # DESCRIPTION UNIT PRICE UNIT QUANTITY TOTAL 1 12" SEWER $ 35.00 LF 3,664 $ 128,240.00 2 10" SEWER $ 30.00 LF 1,313 $ 39,390.00 3 8" SEWER 20.00 LF 1,596 31,920.00 4 4" SEWER LATERAL 14.00 LF 3,341 46,774.00 5 48" MANHOLE 1,900.00 EA 32 60,800.00 6 48" TERMINUS MANHOLE 1,900.00 EA 3 5,700.00 7 8" CLEANOUT 550.00 EA 3 1,650.00 8 4" CLEANOUT 350.00 EA 106 37,100.00 9 12" PLUG 135.00 EA 1 135.00 10 8" PLUG 135.00 EA 8 1,080.00 11 REMOVE CLEAN OUT 135.00 EA 0.00 12 REMOVE 8" PLUT 135.00 EA 0.00 1 8" PVC C-900 CL 150 16.00 LF 6,972 111,552.00 2 WET TAP EXISTING- 8" 5,000.00 EA 3 15,000.00 3 WET TAP EXISTING - 6" 3,500.00 EA 10 35,000.00 4 FIRE HYDRANT 1,700.00 EA 29 49,300.00 5 WATER SERVICE/METER 455.00 EA 84 38,220.00 6 WATER SERVICE W/O METER 455.00 EA 3 1,365.00 7 WATER SERVICE W/ METER ONLY 455.00 EA 0.00 8 1" AIR VALVE 2,000.00 EA 11 22,000.00 9 TEMPORARY 6" BLOW OFF 1,200.00 EA 10 12,000.00 10 8" R.S.G.V. 500.00 EA 21 10,500.00 11 8" TEE 250.00 EA 7 1,750.00 12 8" CROSS 300.00 EA 3 900.00 13 8" 450 BEND 250.00 EA 6 1,500.00 14 8" 22.5D BEND 250.00 EA 2 500.00 15 8" 11.25D BEND 250.00 EA 0.00 16 8" FXH ADAPTER 250.00 EA 3 750.00 17 REMOVE BLOW OFF 450.00 EA 0.00 18 REMOVE AIR VALVE 250.00 EA 0.00 19 RELOCATE AIR VALVE 450.00 EA 0.00 20 6" BLOW OFF 1,500.00 EA 1 1,500.00 TOTAL SEWER AND WATER BOND AMOUNT $ 654,626.00 INSPECTION FEE = 2.5% OF 50% OF BOND AMOUNT $ 8,182.83 PAGE 2 OF 2 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 30878-1 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: $1,888,111.82 Surety: Attorney -in -fact: Address: MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $1,888,111.82 Surety: Attorney -in -fact: Address: CASH MONUMENT SECURITY: $2,700.00 Amount deposited per Cash Receipt No. 76/l/ Date: / �-o�y RVPU81MXN1\606613 C-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Premium is fully earned for the initial term of two years. Renewable annually thereafter. BOND NO. 213 63 70 INITIAL PREMIUM: $25,045.00 SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 30878-1 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Park Meadows 171, L.L.C., a California Limited Liability Company ("Developers"), 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, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30878-1 ("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 lover-a.*Ii/ ,a1O)' ("Improvement Agreement"); /v 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 Insurance Company of the West ("Surety"), a corporation organized and existing under the laws of the State of CA , 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 One Million Eight Hundred Eighty Eight Thousand One Hundred Eleven Dollars and 82/100 (S 1,888,111.82 ), 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 RVPUB \MKM',606513 C-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) performed 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 shallbecome 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 enforcing 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 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. This bond is executed and filed to comply with Section 66499 et seg. 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 San Diego , this 28th day of October , 2004 . Park Meadows 171, L.L.C., a California Limited Liability Company BY: Griffin Communities, a California corporation, as Managing Member Princi. al By: resin- t Da By:-�' NOTE: RVPUB\MXM\606513 iffin, Presideit Insurance Company of the West Surety By: Attorney -in -Fact David C. Banfer rint name) (print name) Phillip - Broderick, Secretary 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. SURDTVISION LMPROVEMENT AGREEMENT C-. (Updated: February, 2001) Title or Type of Document: Document Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT (tt Signer(s) other than named above STATE OF CALIFORNIA COUNTY OF /SS before me, MAN) I V v I LLt din p�1 /1 personally appeared t"l ��� Y I Y` (1' y J - V (�il[ e v IA' personally known to me (or proved to me on the basi of satisfactory evidence) to be the pers n(s) whose nam (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 whiclythe rson(s) acted, executed the instrument. . x y LISA MANDICH COMM. #1361757 m Notary Public -California o RIVERSIDE COUNTY My Comm. Exp. June 21, 2006 WITNESS my hand and offici Signature This area for official notarial seal. 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 reanachrnent of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT v v rC-e \(2 hC Number of Pages: 7. CAPACITY(IES) CLAIMED BY SIGNER(S) INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S)- [ ] LIMITED [ ] GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN OR CONSERVATOR OTHER SIGNER IS REPRESENTING: Right Thumbprint ot signer Top of thumb here [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) TITLE(S) [ ] PARNER(S)- [ ] LIMITED [ ] GENERAL [ ] ATTORNEY -IN -FACT [ ] TRUSTEE(S) [ ] GUARDIAN OR CONSERVATOR [ ] OTHER Right Thumbprint ot Stgner Top of thumb here No. 0004047 } SS. ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DAVID C. BANFER their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this l fith day of January, 2001. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. MARY COBB COMM. #1321341 n NOTAR'/PUBLIC.CALIFORt1IA y SANOIEGO COUNTY C My Commission Expires SEPTEMBER 20. 2005 —/-)r7fet Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. y of li day of CCTDo( , . IN WITNESS WHEREOF, I have set my hand this John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-377-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. STATE OF California COUNTY OF San Diego On October 28, 2004 PERSONALLY APPEARED David C. Banfer SS. , before me Donna G. Banfer, Notary Public 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(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. WITNESS my hand and official seal. Signature Donna G. Banfer, Notary Public DONNA G. BANFER Commission # 1504021 Notary Public - California San Diego County — �°mm My Comm. Expires Jul 27, 2008 This arca for Official Notarial Scal 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ES) Insurance Company of the West TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT I.C.W. GROITP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego, CA 92130-2045 P.O. BOX 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 wwwaicwgroup.com BondNumber; 213 63 70 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety, Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1.00), Important Notice_ The cost of terrorism coverage is subject to change on any bond that premium is charged annually. BOND NO. 213 63 70 INITIAL PREMIUM: Premium Included in Performance Bond SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP 30878-1 IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Park Meadows 171, L.L.C., a California Limited Liability Company ("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, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30878-1 ("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 vmv! La,- / 6 , Zei Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, 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 and Insurance Company of the West ("Surety"), a corporation organized and existing under the laws of the State of CA , 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 inen, 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 work or labor upon the same and all persons supplying both work and materials as aforesaid RVPUBN4:Cti1\606513 C-4 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: Fcbruary, 2001) excepting the Principal, the sum of One Million Eight Hundred Eighty Eight Thousand One Hundred Eleven Dollars and 82/100 ;$ 1,888,11i.82 ), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, wc 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 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 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 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 seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for 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 ofDivision 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. RVPUB4MX\4\606513 C-5 SUBDIVISION IMPROVEVIENTAGREEMENT (Updated! February, 2001) 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 San Diego , this 28th day of October , 2004 . Park Meadows 171, L.L.C., a CCaal�if ni Li ited LiabllIit Company BY: �ri in .ommunitis, a r Iifornia corporation, as Managing Member P:• • By: n, President By: eed (print name) Phillip R. Broderick, Secretary NOTE: RVPUBWOi\606513 Insurance Company of the West Surety Attorney -in -Fact David C. Banfer (print name) 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. SUBDIVISION LMPROVEMENT AGREEMENT C-6 (Updated: February, 2001) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFOR,N`I'A n / SS COUNTY OF V/,V%(IJ y" (1Gil WV �n r ( �� On 1� ,dA before me, C]j�U" t V b'v'`Y�/t,�+ jam`''/Yf`l / personally appeared �� `� \rJ�I in { I/kI l ( 7 `" r/ T v� �` personally known to me (or proved to me on the basis of satisfactory evidence) to be the person) 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 signatures) on the instrument the person(s) or the entity upon behalf wj - pejon(s) acted, executed the instrument. WITNESS my hand and of Signature LISAMANDICH aGB COMM. #1364757 m Notary Public -California U� RIVERSIDE COUNTY -• tNyCg.lr. wcJuno21,20a6 This area for official notarial 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 of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT �n / Title or Type of Document: (00 1/ , r cd U y t �/\ Document Date: Number of Pages: 47 Signer(s) other than named above CAPACITY(IES) CLAIMED BY SIGNER(S) [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) TITLE(S) [ ] PARTNER(S)- [ ] LIMITED [ ] GENERAL [ I ATTORNEY -IN -FACT [ I TRUSTEE(S) [ I GUARDIAN OR CONSERVATOR [ I OTHER SIGNER IS REPRESENTING: Right Thumbprint of Signer Top of thumb here INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARNER(S)- [ ] LIMITED [ I GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN OR CONSERVATOR OTHER Right Thumbprint or Signer Top of thumb here No. 0004047 } SS. ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona. and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DAVID C. BANFER their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day ofJanuary, 2001. John H. Craig, Assistant Secretary State of California County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannurn, Executive Vice President MARY COBB COMM. #1321341 n NOTARY POBLIC•CAUFORNIA N SAN DIEGO COUNTY Ce My Commission Expires SEPTEMBER 20. 2005 G'i Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the sienature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, !have set my hand this day of R L7DAM_ John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. STATE OF California COUNTY OF San Diego On October 28, 2004 , before me PERSONALLY APPEARED David C. Banfer SS. Donna G. Banfer, Notary Public 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(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. WITNESS my hand and official seal. Signature Donna G. Banfer, Notary Public OPTIONAL DONNA G. BANFER Commission # 1504021 Notary Public - California San Diego County My Comm. Expires Jul 27, 2008 This area for Official Notarial Seal 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT El INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED D GENERAL ❑X ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Insurance Company of the West TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT LC.W. GROUP Insurance Company of The West The Explorer Insurance Company /ndependence Casualty and Surety Company 11455 El Cantiuo Real, San Diego, CA 92130-2045 P.O. BOX 85563, San Diego, CA 92186-5563 (85S) 350-2400 FAX (858) 350-2707 wwwacwgroup.com Bond Number:213 63 70 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond_ This rider does not provide coverage for any Loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1.00). Important Notice The cost of terrorism coverage is subject to change on any bond that premium is charged annually. Bond Details Page 1 Status: Bond Form: Current Effective Date: Expiration Date: Subsidiary: Description: Bond Amount: Contract Amount: Type of Bond: SAA Code: Initial Effective Date: Principal Name: Address: State of Incorporation: Other Information Agency: Site: Contract Date: Attorney -in -fact: State of Execution: Attorney -in -Fact City: By:: BY: Griffin Communities, a California corporation, as Managing Member: Phillip R. Broderick, Secretary: Premium is fully earned for the initial term of two years. Renewable annually t: Principal President Signature Name: Surety Notary County of: Surety Notary Name: Surety Notary State of: Tract Number: Number of Units: SurePath ID (Long): Bond Validation Number (BVN): Issuing Carriers Bond Details for: 213 63 70 In Effect CA City of San Jacinto Subdivision Performance Bond Rev 10/28/2004 10/28/2005 Griffin Communities, a California corporation CA City of San Jacinto Subdivision Performance Bond Rev $1,888,111.82 $1,888,111.82 Contract General Improvement Bond (796) 10/28/2004 Park Meadows 171, L.L.C., a California Limited Liability Company 110 N. Lincoln Ave. 2nd Fir Corona, CA 92882-1853 CA Obligee Name: Address: State of Obligation: Obligee Type: On Tract Insurance Services On Tract Insurance Services (CA, San Diego) David C. Banfer CA San Diego By: 2-01 (General Improvement Bond) 2-01 (General Improvement Bond) City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 CA city BY: Griffin Communities, a California corporation, as Managing Member Phillip R. Broderick, Secretary Premium is fully earned for the initial term of two years. Renewable annually thereafter. Dale E. Griffin, President San Diego Donna G. Banfer, Notary Public California 30878-1 77 {D1BE6442-D3DF-431A-A982-058BCD940968} 83SP-8QJ9-XDBH-E2WP Insurance Company of the West Bond Number: Initial Liability: Outstanding Liability: Premium Amount: Comments 213 63 70 $1,888,111.82 $1,888,111.82 $25,045.00 Percent Complete: 0 https://www.insurevision.com/surepath/sp2BondDetails.asp?BondID={ D 1 BE6442-D3 DF-431 A-A982-05... 10/28/ INVOICE ON TRACT Insurance Services YOUR SUBDIVISION SPECIALIST Issuing Carrier: Invoice Dated: Oct. 28, 2004 On Tract Insurance Services License # 0743878 Phone: 858 485-7228 Contact: David C. Banfer Fax: 858 485-7224 Mailing Address: P.O. Box 502121 San Diego, CA 92150-2121 Toll Free: 877 On -Tract Street Address: 13866 Fontanelle Place San Diego, CA 92128-4755 Web Site: www.on-tract.com E-Mail: david@on-tract.com Griffin Communities Insurance Company of the West Renewal Method Continuous Subdivision Renewal Date: 10/28/2006 $2,733,753.83 Premium Payable to: On Tract Insurance Services Bond Number Principal Description Bond Amount Premium 213 44 69 Park Meadows 171, L.L.C., a California Limited CA City of San Jacinto Subdivision Performance Liability Company Bond Rev 2-01 (TRACT 30878) $845,642.01 $11,493.00 213 63 70 Park Meadows 171, L.L.C., a California Limited CA City of San Jacinto Subdivision Performance Liability Company Bond Rev 2-01 (Tract 30878-1) $1,888,111.82 $25,045.00 Due on Receipt: $36,538.00 AGENDA ITEM 5• 8 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Approve and Adopt Resolution No. annexing territory (Commonly known as San Jacinto Ranch Country View Estates, LLC — Tract 30335) into Assessment District No. 2003-01 (AD 2003-1), Annexation No. 7 for Road, Street and Highway Maintenance (AD 2003-1 Annexation No. 7) RECOMMENDATION: By motion, approve and adopt Resolution No. _ / a resolution of initiation to annex territory into AD 2003-1. BACKGROUND: The City Council and Planning Commission have recently identified the need for additional funding sources for the maintenance of certain streets, roads and highways due to the creation of new development within the City. On October 6, 2003, in response to the need for additional funding for such services, the City Council formed Assessment District 2003- 1 (the "District") and the levy of assessments therein upon those parcels of land which benefit from such maintenance. San Jacinto Ranch Country View Estates, LLC is developing certain real property near the boundaries of the District. San Jacinto Ranch Country View Estates, LLC will receive the benefits described above if San Jacinto Ranch Country View Estates, LLC annexes into the District. San Jacinto Ranch Country View Estates, LLC now desires to receive such benefits and annex such real property into the District. JUSTIFICATION: The adoption of the resolution is required to begin the annexation process into the District. BUDGETARY IMPACT: The annexation of the San Jacinto Ranch Country View Estates, LLC into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation to the District, it would assist in the funding of the maintenance of certain roads, streets, and highways that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No.: Page 2 of 2 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, INITIATING THE ANNEXATION OF CERTAIN REAL PROPERTY TO ASSESSMENT DISTRICT 2003-1 (AD 2003-1) PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 (AD 2003- 1, ANNEXATION NO. 7) WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed Assessment District No. 2003-1 (the "District") pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has now determined that certain property that will receive the benefit of such maintenance should be annexed to the District; and WHEREAS, the territory proposed to be annexed to the District (the "Territory") is shown on a map showing thereof entitled "Annexation Map No. 7 To Assessment District No. 2003-1, City Of San Jacinto, County Of Riverside, State Of Califomia" (the "Annexation Map"), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: Section 1. Annexation. The City Council hereby proposes to annex to the District that certain real property more particularly 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 as described in Section 3 hereof. Section 2. Boundaries and Designation. The property to be included within the proposed boundaries of Annexation No. 7 is described and shown on the map attached hereto as Exhibit "A" and incorporated by reference herein (the "Annexation Area"). Section 3. Road Maintenance. The services proposed to be financed through the revenue derived from the assessments is to include maintenance of those streets, roads, or highways within the Annexation Area. Section 4. Report. The City Engineer is ordered to prepare or cause to be prepared and filed with the City Clerk a report regarding the Page 1 of 3 proposed Annexation No. 7 and the assessments to be levied on the land therein to pay the estimated annual costs of the street, road and highway maintenance described in Section 3 hereof in the fiscal year 2004-2005 in accordance with Government Code section 54703 et seq., Government Code section 53753, and Article XIIID of the Constitution of the State of California. Said report shall contain all of the following: (a) A description of the service proposed to be financed through the revenue derived from the assessment to the property located within the Annexation Area. (b) A description of each lot or parcel of property with the Annexation Area that is subject to the benefit assessment. The assessor's parcel number shall be a sufficient description of the parcel. (c) The amount of the proposed assessment for each parcel within the Annexation Area. In the case of an assessment to be collected in installments pursuant to paragraph (2) of subdivision (a) of Government Code section 54711, the report shall set forth the number of annual installments and the fiscal years during which they are to be collected, and fix the maximum amount of each annual installment. (d) The basis and schedule of the assessment within the Annexation Area. APPROVED, SIGNED and ADOPTED, this 18th day of November, 2004, 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 APPROVED AS TO FORM: City Attorney, City of San Jacinto Best, Best & Krieger, LLP Page 3 of 3 SHEET 1 OF 2 ASSESSMENT DIAGRAM ANNEXATION NO. 7 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA Reference is hereby made to that certain map entitled "Assessment Diagram, Assessment District No. 2003-1, City of San Jacinto, County of Riverside, State of California," filed the 23nd day of December, 2003, at the hour of 8 o'clock a.m. in Book 55 at page 64, and as instrument number 2003-998200 in the office of the County Recorder of the County of Riverside, State of California, which this Annexation Diagram affects. COTTONWOOD e See Sheet 2 SEVENTH ESPI,ANAIPE AVE !n AVE. Y FRUITVAI Y VICINITY MAP BERGIN S . RAMONA EX SHAVER T. EEVANSST. Prepared by David Taussig & Assoc'ates, Inc. Filed in the office of the City Clerk of the City of San Jacinto this day of , 2004. Dorothy L. Chouinard, San Jacinto City Clerk 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 _th day of , 200_. Said assessment diagram and the assessment roll were recorded in the office of the City Clerk of San Jacinto on the day of 200_. 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 L. Chouinard, San Jacinto City Clerk Filed this _ day of , 2004, at the 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. Gary L. Orso Assessor -County Clerk -Recorder of Riverside County By Deputy Fee Exempt recording requested, per CA Government Code §6103 SHEET 2 OF 2 ASSESSMENT DIAGRAM ANNEXATION NO. 7 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA Reference is hereby made to Tract 30335 and the Assessor maps of the County of Riverside for a description of the lines and dimensions of each lot and parcel. COTTONWOOD AVENUE Assessor Parcel N City of San Jacinto 431-430-001 431-430-002 431-430-003 431-430-004 431-430-005 431-430-006 431-430-007 431-430-008 431-430-009 431-430-010 431-430-011 431-430-012 431-430-013 431-430-014 431-430-015 431-430-016 431-430-017 431-430-018 431-430-019 431-430-020 431-430-021 431-430-022 431-430-023 Prepared by David Taussig & Associates, Inc. umbers within the Boundaries of AD No. 2003-1 Annexation No. 7: 431-430-024 431-430-025 431-430-026 431-430-027 431-430-028 431-430-029 431-430-030 431-430-031 431-430-032 431-431-001 431-431-002 431-431-003 431-431-004 431-431-005 431-431-006 431-431-007 431-431-008 431-431-009 431-431-010 431-431-011 431-431-012 431-431-013 431-432-001 LEGEND 431-432-002 431-432-003 431-440-001 431-440-002 431-440-003 431-440-004 431-440-005 431-440-006 431-441-001 431-441-002 431-441-003 431-441-004 431-441-005 431-441-006 431-441-007 431-441-008 431-441-009 431-441-010 431-441-011 431-441-012 431-441-013 431-441-014 431-441-015 Zone 14 Boundaries of Annexation No. 7 to Assessment District No. 2003-1 San Jacinto, Riverside County, CA San Jacinto Annexation No. 7 to Assessment District 2003-1 Map Project Guide Boundary Map (Assessment Diagram) Annexation No. 7 Sheet Number Zone Assessor Parcel Number(s) Tract Number(s) Project Name Land Owner / Developer 2 14 431-430-001 through 431-430-032, 431-431-001 through 431-431-013, 431-432-001 through 431-432-003, 431-440-001 through 431-440-006, 431-441-001 through 431-441-015 30335 San Jacinto Ranch Country View Estates, LLC Note: This map project guide is included to help identify properties within the AD, but this guide is not intended for County of Riverside recordation with the Annexation map it refers to. AGENDA ITEM 59 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Resolution for approval of Engineer's Report and Setting Public Hearing for the Annexation of Certain Property into Assessment District No. 2003-01 (AD 2003-1) (Commonly known as San Jacinto Ranch Country View Estates, LLC — Tract 30335) for Road, Street and Highway Maintenance (AD 2003-1, Annexation No. 7) RECOMMENDATION: By motion, approve and adopt Resolution No. _ / a resolution approving engineer's report and setting public hearing for the annexation of territory into Assessment District No. 2003-1. BACKGROUND: The City Council may initiate proceedings at this meeting to annex certain territory owned by San Jacinto Ranch Country View Estates, LLC into Assessment District 2003-1 (the "District'). In order to expedite the annexation process, the City Council may also approve the engineer's report and set a time, date and place for the public hearing. Approval of the engineer's report and setting a time, date and place for the public hearing is required in order to proceed with the annexation process. The engineer's report sets forth the rate of the assessment in accordance with the benefit received by each parcel. JUSTIFICATION: The adoption of the resolution is required to continue the annexation process. Approval of the resolution at this meeting will expedite the annexation process. BUDGETARY IMPACT: The annexation of San Jacinto Ranch Country View Estates, LLC into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation to the District, it would assist in the funding of the maintenance of certain roads, streets, and highways that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No. 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, APPROVING ASSESSMENT ENGINEER'S REPORT AND APPOINTING TIME AND PLACE FOR HEARING PROTEST TO THE PROPOSED ANNEXATION (COMMONLY KNOWN AS SAN JACINTO RANCH COUNTRY VIEW ESTATES, LLC — TRACT 30335) TO ASSESSMENT DISTRICT 2003-01 (AD 2003-1) PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 (AD 2003-1, ANNEXATION NO. 7) WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed Assessment District No. 2003-1 (the "District") pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has initiated proceedings for the annexation of certain property to the District, pursuant to Resolution No. _ approved on November 18, 2004 (the "Resolution of Initiation"); and WHEREAS, as ordered by the City Council, David Taussig and Associates has prepared and filed with the City Clerk a report regarding the assessments to be levied and collected from the owners of such annexed property to pay the costs of streets, roads and highway maintenance. WHEREAS, the City Council desires to pass upon such report and appoint a time and place for hearing protests to the proposed annexation and the levy of assessments therein. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: Section 1. Report. The report of David Taussig and Associates (the "Report") contains all matters required by the Act and is, therefore, in proper form and does not require modification. The Report is hereby adopted, passed upon and preliminarily approved. Section 2. Assessments. The assessments which are proposed to be levied on all parcels of assessable land within the territory to be annexed to the District are based on special benefits conferred upon each such parcel from the payment of the cost of the maintenance of streets, roads and highways. Page 1 of 3 Section 3. Proportionate Benefit. The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of such the maintenance of streets, roads and highways. The amount of the assessment shall not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4. Hearing. The public hearing for protest to the annexation of certain property described in the Resolution of Initiation and the levy of assessments therein in accordance with and for the purposes set forth in the Report is hereby set for 7:00 pm on December 2, 2004 at San Jacinto Unified School District Board Room, located at 2045 South San Jacinto Avenue, San Jacinto, California. Section 5. Notice. The City Clerk is hereby directed to mail notice of the proposed annexation, filing of the Report, and the time and place of the public hearing, as specified in Section 4, to all persons owning real property proposed to be annexed whose names appear on the last equalized assessment roll for taxes of the County of Riverside, or who are known to the City Clerk. The form of such notice shall conform in all respects with the requirements of the Act and shall include an assessment ballot whereon the property owner may indicate his or her support or opposition to the proposed assessment. Upon the completion of the mailing of said notices, the City Clerk shall file with the City Council a declaration setting forth the time and manner of the compliance with the requirements of this resolution for mailing notices. APPROVED, PASSED and ADOPTED, this 18th day of November, 2004, by the following vote: Ayes: Nays: Abstain: Absent: City of San Jacinto By Jim Ayres, Mayor Page2of3 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attomey, City of San Jacinto Best, Best & Krieger Page 3 of 3 ENGINEER'S REPORT ANNEXATION No. 7 TO ASSESSMENT DISTRICT No. 2003-1 OF TILE CITY OF SAN JACINTO November 8, 2004 ENGINEER'S REPORT ANNEXATION NO. 7 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO Prepared for CITY OF SAN JACINTO 201 East Main Street San Jacinto, CA 92583 (909) 654-7337 Prepared by DAVID TAUSSIG & ASSOCIATES, INC. 1301 Dove Street, Suite 600 Newport Beach, CA 92660 (949) 955-1500 TABLE OF CONTENTS Part Pale Introduction 1 Part I: Description of the Services to be Financed 2 Part II: Description of Assessment District 3 Part III: Amount of the Prepared Assessment and Assessment Roll 4 Part IV: Basis and Schedule of Assessment 6 Exhibits A-1: Assessment Diagram A-2: Tract Map for Zone 14 B: Assessment Roll C: Detailed Cost Estimate: Zone 14 D: Cost of Services Summary E: Cash Flow Model: Zone 14 Page i INTRODUCTION In accordance with the Resolution of the City Council of the City of San Jacinto, California, initiating the annexation of certain real property to Assessment District No. 2003-01 (hereinafter referred to as the "Assessment District or AD No. 2003-1"), pursuant to the Benefit Assessment Act of 1982 (hereinafter referred to as the "Resolution of Initiation"), adopted by the City Council of the City of San Jacinto (hereinafter referred to as the "Council"), in connection with the proceedings for Annexation No. 7 to Assessment No. 2003-1, David Taussig & Associates, Inc. herewith submits the Engineer's Report for Annexation No. 7 to AD No. 2003-1 (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 for Annexation No. 7 is discussed in this part. PART H - DESCRIPTION OF ASSESSMENT DISTRICT A description of the property within each zone of benefit within Annexation No. 7 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 Annexation No. 7. Engineer's Report Page 1 City of San Jacinto Annexation No. 7 to Assessment District No. 2003-1 November 8, 2004 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 Annexation No. 7, 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 Annexation No. 7 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 Annexation No. 7 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 performed 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 Annexation No. 7 to Assessment District No. 2003-1 November 8, 2004 PART II. DESCRIPTION OF ASSESSMENT DISTRICT For purposes of determining the benefits associated with the costs of services provided by the Assessment District, Annexation No. 7 has been divided into one zone of benefit ("Zone") based on location as described below and shown on the assessment diagram located in Exhibit A-1. Zone 14 Zone 14 consists solely of Tract No. 30335, Assessor Parcel Numbers ("APN") 431-430-001 through 431-430-032, 431-431-001 through 431-431-013, 431-432-001 through 431-432-003, 431- 440-001 through 431-440-006, and 431-441-001 through 431-441-015, and encompasses approximately 30.07 acres. There are 69 residential lots located in Tract No. 30335. A map of Tract No. 30335 is provided in Exhibit A-2. Engineer's Report Page 3 City of San Jacinto Annexation No. 7 to Assessment District No. 2003-1 November 8, 2004 PART III. AMOUNT OF THE PREPARED ASSESSMENT AND ASSESSMENT ROLL WHEREAS, the City Council pursuant to Resolution No. 2485, dated November 6, 2003, formed AD No. 2003-1 pursuant to the Benefit Assessment District Act of 1982 (the "Act") for the purpose of annually levying assessments on all land within the Assessment District to pay the costs of street, road and highway maintenance within said district; and WHEREAS, the City Council has now determined that certain property that will receive the benefit of such maintenance should be annexed to the Assessment District; and WHEREAS, previously 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 Initiation, for the purpose of annually levying assessments for the maintenance of streets, roads and highways within Annexation No. 7, and, WHEREAS, said Resolution of Initiation, as required by law, did direct the City Engineer to prepare or cause to be prepared and file a Report, regarding the proposed Annexation No. 7 to AD No. 2003- 1 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 forming AD No. 2003-1 and the Resolution of Initiation 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 Initiation, the costs and expenses of the street maintenance to be performed in Annexation No. 7 to the Assessment District have been assessed upon the parcels of land in Annexation No. 7 to 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 Annexation No. 7 to the Assessment District, as well as the boundaries of the respective parcels and subdivisions of land within said Annexation No. 7 to the Assessment District as the same existed at the time of the passage of said Resolution of Initiation, 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 Engineer's Report Page 4 City of San Jacinto Annexation No. 7 to Assessment District No. 2003-1 November 8, 2004 direction and order of the legislative body, the following assessment is hereby made to cover the costs and expenses of the street maintenance for Annexation No. 7 to the Assessment District based on the costs and expenses, as set forth in Part IV: Zone FY 2004-05 Total Annual Assessment No. of Residential Lots [1] FY 2004-05 Assessment per Residential Lot [1] 14 $16,471 69 $238.71 [1] 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 Annexation No. 7 to Assessment District No. 2003-1 November 8, 2004 PART IV. BASIS AND SCHEDULE OF 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 the annexed Zone. 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 the annexed Zone is provided in Exhibit C. Ten percent was added to the estimated maintenance costs for construction administration. An additional $21.65 per single-family residential lot was added for annual administration of Annexation No. 7 to the Assessment District. The cost of services is summarized in Exhibit D. Allocation of Cost Zone 14 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 is allocated equally to each single-family residential lot within the Zone. Engineer's Report Page 6 City of San Jacinto Annexation No. 7 to Assessment District No. 2003-1 November 8, 2004 Annual Assessment In order to determine the annual assessment for each Zone, a 36-year cash flow was prepared for Zone 14 (see Exhibit E). The cash flow 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 the annexed Zone as well as the fiscal year 2004-05 maximum assessment per residential lot. Schedule of Assessments Zone FY 2004-05 Total Annual Assessment [1] No. of Residential Lots [2] FY 2004-05 Assessment per Residential Lot [1, 2] 14 $16,471 69 $238.71 [1] Annual Assessments are 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 Tots within such Zone. In conclusion, it is my opinion that the assessments for the above -referenced Assessment District have been spread in direct accordance with the benefits that each parcel receives from the street maintenance services. Engineer's Report Page 7 City of San Jacinto Annexation No. 7 to Assessment District No. 2003-1 November 8, 2004 Dated: November 8, 2004. David Taussig and Associates, Inc. Assessment Consultant City of San Jacinto County of Riverside State of California I, Dorothy Chouinard, City Clerk of the City of San Jacinto, California do hereby certify that the foregoing assessment, together with the Diagram attached thereto, was filed in my office on the 9th day of November 2004. 9414,rC. 64,0(704d Cityerk of the City of San Jacinto 888888 County of Riverside State of California K:\Clients2'San Jacinto\raadmaintMAnnex No. 7 engrpt aaoex7_final.doc Engineer's Report Page 8 City of San Jacinto Annexation No. 7 to Assessment District No. 2003-1 November 8, 2004 EXHIBIT A-1 ENGINEER'S REPORT ASSESSMENT DIAGRAM 421-t>. 2 SANDERSON AVE. / q ;I CORO RO,,,— V/ See Sheet 2 ., VICINITY BERGIN . MAP T. a of o� 9 • , Id N. a RAMONA EXWY.� Zone i 1 , AIN ST, o Kt R SEVENTH ST. Z VER. T. ESPLANADE AVE W E EVANS T. __ ri CAWSTON EATON FW W ti COMMON EALTH AVE m cc AVE. �Z V` FRUITVA .E AVE. ? yF � a Prepared by David Taussig & Assoc'ates, Inc. SHEET 1 OF 2 ASSESSMENT DIAGRAM ANNEXATION NO, 7 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA Filed in the office of the City Clerk of the City of San Reference is hereby made to that certain map entitled "Assessment Diagram, Assessment Jacinto this _ day of , 2004. District No. 2003-1, City of San Jacinto, County of Riverside, State of California," filed the 23nd day of December, 2003, at the hour of 8 o'clock a.m. in Book 55 at page 64, and as instrument number 2003-998200 in the office of the County Recorder of the County of Dorothy L. Chouinard, San Jacinto City Clerk Riverside, State of California, which this Annexation Diagram affects. An assessment was levied by the City Council of the City of San Jacinto on the Tots, pieces, and parcels of land shown on this assessment diagram. Said assessment was levied on the _th day of , 200_. Said assessment diagram and the assessment roll were recorded in the office of the City Clerk of San Jacinto on the day of 200_. 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 L. Chouinard, San Jacinto City Clerk Filed this _ day of , 2004, at the 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. Gary L. Orso Assessor -County Clerk -Recorder of Riverside County By Deputy Fee Exempt recording requested, per CA Government Code §6103 SHEET 2 OF 2 ASSESSMENT DIAGRAM ANNEXATION NO. 7 TO ASSESSMENT DISTRICT NO. 2003-1 CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA Reference is hereby made to Tract 30335 and the Assessor maps of the County of Riverside for a description of the lines and dimensions of each lot and parcel. COTTONWOOD AVENUE Assessor Parcel N City of San Jacinto 431-430-001 431-430-002 431-430-003 431-430-004 431-430-005 431-430-006 431-430-007 431-430-008 431-430-009 431-430-010 431-430-011 431-430-012 431-430-013 431-430-014 431-430-015 431-430-016 431-430-017 431-430-018 431-430-019 431-430-020 431-430-021 431-430-022 431-430-023 Prepared by Dovid Taussig & Associates, Inc. umbers within the Boundaries of AD No. 2003-1 Annexation No. 7: 431-430-024 431-430-025 431-430-026 431-430-027 431-430-028 431-430-029 431-430-030 431-430-031 431-430-032 431-431-001 431-431-002 431-431-003 431-431-004 431-431-005 431-431-006 431-431-007 431-431-008 431-431-009 431-431-010 431-431-011 431-431-012 431-431-013 431-432-001 LEGEND 431-432-002 431-432-003 431-440-001 431-440-002 431-440-003 431-440-004 431-440-005 431-440-006 431-441-001 431-441-002 431-441-003 431-441-004 431-441-005 431-441-006 431-441-007 431-441-008 431-441-009 431-441-010 431-441-011 431-441-012 431-441-013 431-441-014 431-441-015 Zone 14 Boundaries of Annexation No. 7 to Assessment District No. 2003-1 San Jacinto, Riverside County, CA EXHIBIT A-2 ENGINEER'S REPORT TRACT MAP FOR ZONE 14 gl k 21@Illtioli I We- g onion sec-01/014sa IJ 1 euenrmiti — -—a.frbi sTraa'H ameTr rriara— - — - -- - — - g 0 IgitbR - �3ii1b11➢ 1 AMU cnirrg$1) trail = Vw} a vi •44 i CIO* q ®x I: — _fi➢aniciTwidr— ems. as moell n aaai aiox ➢.wmw \-j 1 lig x R A R x� ol‹. "'Ann' <1 els rl :ie23Ge Eagda°< s ,,74 EXHIBIT B ENGINEER'S REPORT ASSESSMENT ROLL REDEVELOPMENT OPERATIONS MANAGER STEVEN PASAROW AMENDEDAGENDA` REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 18, 2004, 7:00 p.m. San Jacinto.Unified School District:Board Room 2045<South Sari Jacinto Avenue, SanmJacinto Cajifornia', RGANIZATION CaII to Order Roll .Call Invocation ledge of Allegiance pecial Presentations. Certificate of Exc ence./ Recogn.itiori of Brian Ellis' achievement of attaining Eagle cout rank Spotlight of t Month Stadium Pizza /`Economic Development Director .` Federal egislation Update / Review of. Federal earmarks and; project / Request for C'ouncil's input / Jon, i Goodman, San, Jacin •'s Washington DC. Lobbyist PUBLIC COM NTS. Now is the time fr the public to address the Council on' any subject within the jurisdiction, of City Council not isted on the agenda.; A limitation of three (3) minutes shall be set for each Person desiriha to'address the'CityCouncil PUBLIC; : FARING - Appeal` of. Planning Commission Approval of Vesting. Tentative Tract 31097 / Appellant: `DR Horton':,- Continental Series !Public Hearing continued from October 7, 2004:/Applicant's (developer's) request to withdraw - take no action /'Community Development Director City Council"Agen November-;18;"204� Page -2. of Landscaping, Lighting, and ParkDistrictNo: 2 (LLPD No 2) Annexation No.:13 (Park rMeadowS.,171 LLC Tract 30878-1 :30878) / City Attorney Resolution No, /A"Resolution initiating: proceedings for the Annexation of:property into LLPD.No 2 - Annexation No.13 / Approve and:Adopt esolution No.'; / A Resolution approving the Engineer's' Report for Annexation No 13 in:to LLPD:No. 2;/ Approve"and Adopt: Resolution No "IA Resolution declaring:iintentionto annex property into LLPD No.2 Annexation:No..,13: / Approve"arid Adopt " Public Hearing / At the conclusion of the public hearing If:the City determines thata majority protest does not exist, by motion approve the" certification of"the election results° for adding Tracts 30878-1 &. 30878:aka Park Meadows 171 LLC into the LLPDNo 2 known as Annexation. No. 131 / Approve and Adopt Resolution No / A' Resolution ordering annexation of territory: into LLPD No. 2 and "levying assessment _ Annexation N'o.`13 omm"unity Development ;Block Grant (CDmBG) Prograand `Projects fiscal Year 2005/2006 Public"Hearing;'/ Following pubic comments djourn (c"ontinue) •to December2, 200.4.,/ Redevelopment Operation ilanager DEPARTMENTS.,: Public. Works Director's Job Description and Recruitment / Approve job description an authorize directorlevel recruitment / City Manager B,us .Shelter Advertisement / Ad Hoc Subcommittee recommendation to contract with Hemet/San Jacinto Chamber of Commerce for management / Approve / City Manager, Estudillo Mansion Committee Vacancy /;Appoint a 2004 applicant based on the Historical Preservation Committee's recommendation to fillthe vacancy on the Estudillo Mansion Committee with the term expiring the same as vacated seat August 2007 / Historical Preservation Committee CONSENTCALENDAR :: The matters, fisted underConsent Calendar are'considered routine and will he 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 removederidior discussed. • City Council Agerida_ November 18,-2004 Page 3 of Anyone wishing to discuss •aconsent calendar item should come forward upon; invitation of the-.: Mayor, state their name and address, and the: donaent calendar item number. ':Speakers'should limit comments to three.(3);minutes. arrants at 11/18/04 LApprov inance Director November 4,2004 Regular Minutes /Approve /City Clerk September 2, 2004 ,Regular Minutes/ Approve /,CityCler Treasurer's. Report; at September 30; 2004-/ Receive and File / Finance Director Final Parcel Map 32060 - Michael English / Approve for recordation 1 Community Development Director'. Final Tract Map 29859 — 82 San' Jacinto LLC / Approve for recordation and Authorize City Manager to execute: Subdivision Agreement / City Engineer Final Tract Map 30878-1 and 30878 — Park Meadows 171 LLC / Approve and Authorize the City Manager to execute the Subdivision Agreement Resolution No. /A Resolution initiating annexing certain territory (San Jacinto Ranch Country View Estates LLC —Tract 30335) into Assessment District No: 2003-01 Annexation No: 7 / Approve and Adopt Attorney and Special Tax Consultant Resolution No. /A Resolution for approval of Engineer's Reportand setting the Public Hearing for Annexation into Assessment District 2003' 01 ( San Jacinto Ranch Country View Estates LLC) Annexation No. 7 Approve and Adopt/City Attorney and Special Tax Consultant 10 Surplus vehicles and equipment,/ Approve release. and public auction Pub is Works Superintendent .11 Corrimunity'Development Block Grant(CDBG)'Program"— reprogram FY . 2004/2005 Program Funds / Approve / $50,000, in CDB funds from S.S;J1b8 (Museum Relocation) to 3.SJ107; (Police Activities League Project) / Community Development Director Ordinance No..04-08 / An Ordinance adding Chapter 8.56 to -the San Jacinto Municipal Code concerning surface mining and reclamation / Approve second reading and; Adopt Ordinance 04-08 and by;further motion read by title only; City Council;Agenda November` 8;2QD4 Page 4 of5 An Ordinance of •.the City .of San Jacinto, Californ,ia,.,adding Chapter 8.56 to the .San: Jacinto Municipal Code concerning: surface and reclamation. Community Development Director .ond itional:.Use Permit 7-031 Ratify Planning Commission's; approval of UP 7 03-based on the Findings;of Fact and Conditions Approval; erfnitting :the construction, of a 20 unitapartrnent complex ideated on the ast side of Santa Fe Avenue, north .of Midway Avenue / Community )evelopriient Director Conditional Use Permit :1-04 / Re -ratify the,4pproval of CUP;1-04based on`the Findings of Fact.and Conditions of Approval allowing installation, of a'ciustered wireless telecommunication facility located at northeast corner- of a 2 65 acre commercial .parcel at 1283 Ramona Expressway/ Community :Development -Director Conditional Use: Permit 8-03 / Ratify Planning Comtiission'sapproval of CUP 8-03 based ;on the: Findings:`of Fact and Conditions Approval, permitting:the construction of a;vehicle impound yard on.a..62 acre.parce Iodated on east side of Buena Vista and;north-.of Esplanade Avenue, zones M 1 / Community. Development Director' Y©R/;COUNCIL-MEMBER REPORTS./,:DISCUSSIONS' Committee and/orAgency Agendas / Receive and File /City,Cler Council Reports CONFERENCE •WITH REAL PROPERTY NEGOTIATORS Pursuantto Government Code Section 54956.8 Property: Assessor's Parcel Numbers (APNs) Willie DeJong - 431-110 006,,San Jacinto 29 431-100-026, Gordon Hurst"-431 100 009, :John Haagsma - 431,110-007, Dale`Bartel 1'1',0-0"1;0, Donald Plueger 431-150-001:& 431-150-002 431 150=029, Alyce •.Spar 43 l 150-013; John Shogren 431- 150 (i22 Agency negotiator: Peter A. Cosentrni, •City Manager City Council Agenda November 18, 2004 Page 5 of 5 Negotiating parties: Willie DeJong; San Jacinto 29 officeror appointee; Gordon Hurst; John Haagsma; Dale Bartel; Donald Plueger; Alyce Spar; John Shogren. Under negotiation: Price and Terms OURNMEN /f you challenge any action of the City "Council in court you may be limited o t.raising only those issues:. you, or someone else raised at: the; public hearing described in this notice,' or in, written correspondence delivered to the City Council (c%o the City Clerk) at or"prior to, the public hearing. 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' es provof du ided in.Code,'"Civil Procedure Section't094.6 Please refer to ,' Code of CivilProcedure 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 ail 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 m every reasonable manner. `Please contact City Hall";at (909)-,487-7330, at least48:hours prior to the meetiing to;inform us of your particular needs and to determine if accomm"Ddation;is feasible.. Dorotkii c ouin rd, Eior oregoing agenda this 12th day of, ofthe City of$an`acinta, do:h'ere ovem6er' 2004 as reiquired dy Cau1. Fiat l caused to 6e posted t AGENDA ITEM November 18, 2004 TO: Honorable Mayor and Members of the City Council FROM: Steven G. Pasarow, Redevelopment Operations Manager SUBJECT: Community Development Block Grant (CDBG) Program Public Hearing for Projects and Programs for Fiscal Year 2005/2006 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 the Fiscal Year 2005/2006; Adjourn the Public Hearing until December 2, 2004. 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 the Fiscal Year 2005/2006, the City expects to receive approximately $230,000, CDBG funds may be used for public service activities, construction of public 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: • 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. Approv City Manager: Finance Director: Of the $230,000 in anticipated funding, a maximum of 15% ($34,500) may be used on public service activities and 85% ($195,500) for public facilities projects and non-public service programs, As a requirement of receiving CDBG funds, the City must provide the opportunity for public comment regarding program and project funding. This Public Hearing provides the opportunity for the City Council to receive public comments and suggestions for the use of the Fiscal Year 2005-06 Block Grant funded program and projects. On December 02, 2004, the City Council will holdanother Public Hearing at which time the all of the City's anticipated CDBG funds should be allocated to programs and projects. The Notice of Funding Availability was published on September 23 and September 30, 2004. The Notice of Public Hearing for the selection of programs and projects was published during the weeks of November 8 and November 15, 2004. DISCUSSION The City received applications from non-profit organizations and City Departments during the month of October 2004, those applications are requesting funding in the upcoming fiscal year. After taking public comments and suggestions for funding consideration, the Council Sub -Committee will review and "evaluate the applications and suggestions and make its recommendations for funding to the full City Council on December 02, 2004. 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 approval by the County Board of Supervisors before being forwarded to the U.S. Department of Housing and Urban Development for final approval, The Board of Supervisors are expected to take action on the programs and projects approved for funding as part of the County's One -Year Action Plan for FY 2005/2006 on or about April 26, 2005. The CDBG funds are expected to be made available to the City on July 01, 2005. BUDGETARY IMPACT: The City expects its annual CDBG allocation to be approximately $230,000 for FY 2005/2006. 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: None Page 2 of 2 AGENDA REGULAR MEETINGof"the:REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO NOVEMBER 18;.2004 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 :Pall to Order 1.2 "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 ,nay address the Agency' on any subject pertaining;to Redevelopment Agency business not listed on: the Agenda during /his portion .of the Meeting;" A. limitation of three (3) minutes shall be set for :each pelson desiring to'address the Agency Directors. CITY:DEPARTMENTS ` None CONSENT CALENDAR The matters listed under Consent Calendar are considered routine:and will be enacted by one inption, byAgency Members in the form listed. There will be no separate, discussion on these items Priorto' the motion unless members of the Redevelopment Agency, 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 Agency Chairman state their name, address and the"consent calendar item number Speakers should limit comntents to three (3) minutes. 5.1 November 4, 2004 Regular Meeting, Minutes /Approve /'Agency Secretary Redevelopment Agency Agenda'. November18, 2004 • Page 2of2'. CHAIRPERSON / MEMBER REPORTS? DISCUSSIONS None OPEN SESSION ANNOUNCEMENTS CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS t4 Pursuant to Government Code 54956.8 Property: City - APN s 435-020-032, 435-020-033, 435-020-029; and RDA 435-020-031 City / Agency Negotiator: City Manager Negotiating Parties: Trustee or nominee for Frey Living Trustee Under Negotiation: Price or terms of, payment or both .ADJOURNMENT 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. rporothy G. Cfiouinard, Secretary of thiSartJacanto fgdevetvpmentAgency, do Fiere6y cent y tha tl caused to 6e postedthe foregoingagenda the 12't day ofWovemder, 2004, as required 6y taw. A A S.2 MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 18, 2004, 7:00 p.m. San Jacinto. Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Canto Order Mayor Ayres called the Regular Meeting of the San Jacinto City Council to order at 7:02 p.m. 1:2 Roll Call Present Chris Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Absent: None 1.3 Invocation Council Member Ken Shaw gavethe invocation. 1,4 Pledge of Allegiance City Treasurer Jim Potts led the Pledge -of Allegiance. 1.5 Special Presentations 1:5.1 Certificate of Excellence] Recognition of Brian Eilis' achievement of attaining Eagle Scout rank Mayor Ayres made presentation to give Mr. Ellis his certificate. Mayor Ayres mentioned that Mr. Ellis could not be present this evening to receive his certificate due to this evening being his dad's birthday. Mr. Ellis is anewly crowned Eagle Scout, Mayor Ayres stated that he is impressed by this young man and his caliber To earn the rank of Eagle Scout you have to earn 21 merit badges. He has earned 39 badges. 1.5.2 Spotlight of the Month — Stadium Pizza / Economic Development Director City Council Meeting November 18, 2004 Page 2 of 25 _:Economic. Development Director Randy Williams spotlighted Stadium Pizza located at 701 West Esplanade, which has been serving the valley for more than 16 years: Dan Nelson is the owner of Stadium Pizza and is very involved in the community with events such as "Lunch with a Firefighter" as well as supporting the Valley Wide Recreation Center athletics programs, as well as the School Board Program which gives out complimentary meals to children with high achievements. Mr. Nelson has a staff of 25 full and part- time employees. Mayor Ayres presented a plaque to Dan Nelson on behalf of the San Jacinto City Council. Mr. Nelson thanked the city for the award and explained that he is a lucky man and enjoys going to work everyday. Knowing that he city appreciates his business being in town is a great feeling. 1.5.3 Federal Legislation Update / Review of Federal earmarks and projects / Request for Council's input / Joni Goodman, San Jacinto's Washington D.C. Lobbyist Joni Goodman presented an update for the Council "General Congressional overview, there have been changes in Washington congressionally and in our department. It is unsure how all the leaders and department heads are going to check out, but they are taking their places and we will continue to try to get through our projects in the federal government. What is the most important part of what weary to do is to bet some earmarks applied for last year. We don't know the outcome yet. They are going to be on the bills. It is important for San Jacinto to figure out where it would like to go next year. The federal government is on a cycle. The President passes his budget in February. It is important for San Jacinto to come and talk up those projects in January. Both senators like to have forms filled out by mid -February in regards to how much they want to go for and how much. Ms Goodman mentioned a couple programs that would be a benefit to San Jacinto: • The CalFed bill. Ms Goodman stated it has been signed into law. She stated that the levee is a high priority for the City. The levee project, would be a project that could qualify for a CalFed Bill. The bill that was signed is only one step in the process. The second step is very important for congress feel they have to fund this project. It is very important for the City to do anything it can do to push this through. The bill is authorized for five years starting in fiscal year'06. City Council Meeting November 18, 2004 Page 3 of 25 • Ms Goodman further stated that the other bill that is very important this year is the Endangered Species Act which is to be reauthorized and a top priority. Transportation Authorization (ISTEA) is being housed until May 2005. It was up in September 2004 and they keep extending the bill. They'll wait until the new Congress comes in to deal with it. Highway 79 is earmarked in that bill. • In regards to the museum: The Institute of Museum and Library Services where the earmarked last time in the bill. Ms Goodman stated that she believes the City's museum is up and running and located at the Estudillo Mansion. She suggested putting in a grant application for the library in regards to the Institute of Museum and Library Services in reference to library services for the museum. She stated that the requirements to put in for the grant is that the museum has to be up and running. •` EDA - She stated she is not sure what they are doing in reference to grants for the EDA. She believes that the planning grants portion of EDA could be separate and earmarked for the levee. • She stated she went to a meeting on an urban forestry project that has been running since the '70s. The project started out studying Dutch Elm disease with a $20 million appropriation and now has budget for over $33 million. It is something that gets the money from the Federal Government. Sacramento has the original forestry person. She stated she would leave information with the City Manager. Vice Mayor Carlson-Buydos questioned Ms Goodman about public safety, particularly firefighters. Joni Goodman responded that there were $726 million appropriated for the fire grant; the final 2005 appropriation is $715 million. What they did for the grant portion was $650 million which they put in $65 million for staffing. However, the fire grant -- firefighters actually will get less than the previous year. A lot of what is going on in the homeland security area is money was taken out of a lot of the state and local than last year. Mayor Ayres commented on the budget impact for RTA and RCTC not being funded at the local level. Joni Goodman replied that it was the senate who was holding out on the funding figure and that was the big hold up. Ms Goodman also stated she expects that to change. City Council Meeting November 18, 2004 Page 4 of 25 Mayor Ayres stated that the council collectively supports special funding requests for the levee, 79, and the mansion and through the department of justice for PAL. He further stated that he doesn't know who the contingent will be traveling to Washington, D.C., but he will probably go in March. Joni Goodman stated that she does have to stress that Senators Boxer and Feinstein need forms filled out: They are being very strict on the cutoff deadlines. She added that Director Hults helped her last year with the levee. Mayor Ayres reviewed what Joni Goodman does for the City's representatives beginning by being at the airport and for the next 48 hours, shuffles the group into 15 or 16 meetings. It really is a not stop, get-up-and-go meeting with congressmen and senators, then you are at the Pentagon and then the Rayburn Building. You are literally everywhere, and there is no way that any of us could ever have figured that out without a lobbyist back there that can get you from A to B on time. Mayor Ayres stated that if you are not on time, they are on to the next one. Some of these deals are struck in the halls when you are walking down them. It is just an amazing process. Mayor Ayres said that the Council appreciates Ms Goodman coming to San Jacinto. He stated Council Members and staff have been there in the past and will continue to be there. The special earmarked funding that was received last time clearly would not have been possible without Joni Goodman. 1.5.4 Mayor Ayres farewell comments for Jim Conner. Mayor Ayres commented on Jim Conner's service to the community by serving in many capacities: the Chamber of Commerce, School Board, and his nine years on the San Jacinto City Council. He has been an institution as far having the ability to go to someone who has the history of the valley. Mr. Conner, to my right, knows more about historical recollections in this valley than probably most people even know. Mayor Ayres added that his knowledge on water is unparalled. As a business man and a father in this community, he has raised his family, he has been a part of this community and San Jacinto's history for years to come. He thanked him for all that he has done. Mayor Ayres stated he has enjoyed sitting next to Mr. Conner and commented that he has seen the General Fund at its very lowest and is now leaving at one of the highest marks. City Council Meeting November 18, 2004 Page 5 of 25 Council Member Ken Shaw stated that this is kind of a roast for Jim Conner and that he is going to miss Jim Conner when he keeps looking over at his desk and wondering where he gets papers that he hasn't seen; so he thought from time to time he would put something over on his side that has nothing to do with the Council just to see him comment. Ken Shaw added that they are building the new PAL building and the Council decided to name the PAL building the Jim Conner PAL Building. Jim Conner commented to Ken that he really didn't deserve it, he him he agreed, (everyone laughed) but the Council is doing it anyway. Council member Dale Stubblefield stated that it was a privilege to work for Council Member Conner when he was on staff with the City of San Jacinto. The history that Mr. Conner brings to the table will definitely be missed. The Council will certainly want to track him down for any questions that they have regarding the history of San Jacinto. It has also been a privilege serving with him in that he is a very professional man and his integrity is unparalleled. He is a very honorable man. He concluded with a thank you. Thank you. Vice Mayor Chris Carlson-Buydos presented a street sign which says, "Jim Conner Drive" which she noted that he always had a drive for San Jacinto. Mayor Ayres read a plaque and presented it to Jim Conner and asked him to say a few words. Council Member Jim Conner stated that he has been ill and almost didn't come tonight. He was born and raised in Fresno, California moved to and married in southern California. Originally, he thought he would do business in northern California. He worked in Orange County and when one of his competitors decided to fold, he decided this was the place. He stated he named his business after the history of his valley. The name Alta Nursery came from the name of this are which was Alta, California back when Juan Bautista Anza came through here. He camped right on the river here on Saint Hyacinth which is where the name San Jacinto came from. I tried to stay clear of city government, but noted sometimes you have to get involved to get things done for your business. I got drug into the election in 1995 based on the budget. It was a tough first couple of years. The Council had to down size and get it running like a business. Council Member Conner spoke on the Main Street Bridge Project. Bridges were non-existent except for State Street Bridge. As the community developed across the river, there was no way to get City Council Meeting November 18, 2004 Page 6 of 25 --across. The First time a contingency went to Washington D.C. it included: Mayor Pat Williams, City Engineer Motlagh, an engineer from a San Diego firm, and Carl Lopez, the Soboba tribal chief. Within two years. the City had the money and had the bridge built. He further stated that the Council Members cannot do it alone. It takes a staff and citizens to accomplish things. Mayor Ayres recessed the Regular Meeting at 7:37 p.m. to celebrate recent and/or upcoming Council Members birthdays. Mayor Ayres reconvened the Regular Meeting 7:54 p.m. 2. PUBLIC COMMENTS: Mayor Ayres introduced Nancy Patton and asked her to introduce the new City Queens. Nancy Patton thanked the Council and Jim Conner. The new queens introduced themselves. Lady Miss San Jacinto thanked the Council for the Vietnam Wall memorial, the Christmas tree lighting, the Estudillo mansion, 4th of July parade, and the event honoring Jerry Lewis. Nancy Patton stated that for those that don't know Jim Ayres retired from the 452nd out at March Air Reserve Base and she is currently serving in a sister unit over there in the 163rd. She is the Senior Master Sergeant there; so they served in the Air Force together, and now live in the same city. She thanked the City Council for the orientation that was given to the new queens. Nancy Patton presented the City with a plaque for the City. Mayor Ayres accepted the plaque on behalf of the city. Michael Fred Allen, 565 East Third Street, "It's only been a couple of months ago since I came in front of the Council and was kind of leery about moving the County Animal control. I did have an incident myself with County Animal Control about a week and a half ago that was something he wished hadn't happened; but they handled it well. It was an incident where myself and my dog became aware of a very large dog caught between my fence and a neighbor's fence. It was after midnight. We called the County Animal Control and Officer Flora came right away and got between the fence. It could have been dangerous. There was no harm to dog, she got the dog out and into the truck. I would like to commend Officer Flora. That is her first name. I don't know her last name." Rorary Smith representing the Rotary Club of Hemet. Mr. Smith stated that for some unknown reason, recently the City had one of their benches at the corner of San Jacinto and Esplanade picked up and taken to their yard. Mr. Smith stated that the benches are their main funding for the Rotary Club. Mr. Smith named several things that are on their brochure that have improved with these resources such as the ability for them to add the handicap ramps at the museum and the airport, the fire safety trailer, and also provide scholarships. City Council Meeting November 18, 2004 Page 7 of 25 One of the businesses has asked for two benches in San Jacinto. They need to 'find "out the regulations and laws for San Jacinto. In the past, on the seat section, they have put the name' Rotary Club of Hemet" so that they can be identified. Many years ago, the Rotary Club of San Jacinto had benches. The Rotary Club of San Jacinto later abandoned that project and gave The Hemet Rotary Club their benches. Mr. Smith requested the Council to let the Rotary Club know what they are to do to comply. This is a tremendous amount of income for the Rotary Club, which in turn helps them provide for the community. Mayor Ayres noted City Manager Cosentini will be in contact the president of the Rotary Club. Len Souza 1305 Freemark Court, San Jacinto- stated that "he hates to make predictions, but there has been an 18% increase in our water fees and we're not through. He is not here to talk about water. He is here to talk about graffiti." Mr. Souza continued that graffiti has a very negative impact on everybody except gangbangers or whoever these people are that mark their turf. It has never been a problem in the Park Hill area in five years that he has lived there. On Monday morning, he headed to work and had seen that his $5,000 wall had graffiti on it. He had also noted that it was also on a masonry wall one block from his house and also another masonry wall on Washington, one block before Hewitt. He stated that he called City's Code Enforcement and left a message and didn't hear anything in 24 hours. He wants to know what the City does, if anything, about litigation or removal of graffiti. He is aware of Hemet's program. He has used it at his place of business about twice a year. As he was coming back to town, he decided to stop and file a complaint with the city. He spoke to Marcee at Code Enforcement. She informed him that Valley Wide was under contract at one time, but now our Public Works Department takes care of graffiti. She inquired as to what type it was; He informed her it was a masonry broken faced type wall. She informed him they would paint over the graffiti. He told them not to paint the wall, as the paint cannot be matched. She told him they would go by and look it. He decided not to make the police complaint. Wednesday afternoon, he came back to the house and noticed it was painted over (5x8) rose color paint over the wall. Mr. Souza was not happy about it and it almost cause him to lose concentration on his driving. He then stated he wrote a letter to contact the City Manager and didn't hear back. He also called Code Enforcement this morning and she has not called him back. Later, he approached Public Works employees by his wall and they apologized. Ray Sanchez commented it was his fault. Mr. Souza stated that the city must rectify this by sand blasting or he will seek regress. He then stated that the major point of this is that there is no policy in place a procedure for people to step on private property and address graffiti in regards to where to do it and when to do it. Mayor Ayres stated to Mr. Souza that City Manager Cosentini will be in touch with him. Bruce Cozar, 570 Estudillo Drive, San Jacinto stated that he is very concerned City Council Meeting November 18, 2004 Page 8 of 25 about speed: -bumps. He has been here since 1964 and has never seen an accident on this street since. He is concerned that the people who are living there now decided to get a petition to get these bumps put on his street and thereby de -evaluating his property. He would like to know if these signatures are validated or did anyone do anything about this matter or just pass it. He questioned if the signatures are valid and if anyone has done a survey for flooding. He stated that he was here in 1980 when the City flooded and he knows what that water can do. Now, with the two bumps the water will be diverted and stated that if it is diverted onto his property, someone is in a heap of trouble. He stated that one of the people that signed the petition spoke to him and that they lied to him that it was to get a neighbor out. Mr. Cozar stated that they de -evaluate the property; and if they are so great, they should then put them all over the city. Mr. Souza added that it is saying kids can play in the street. There is a sign that says "Slow, children at play." Mr. Cozar questioned if it says that it is okay for children to play in the middle of the street and added if it be added in the middle of Main Street downtown. He further stated that he was not notified of this petition. Mayor Ayres stated City Manager Cosentini will meet with him. Mr. Cozar stated that he was not satisfied with the City Manager's earlier response. Mayor Ayres stated that he himself will meet with Mr. Cozar and discuss with him the process, how it came to be, and continued that he will contact him tomorrow in regards to getting together. Mr. Cozar stated his work phone number was 925-9511. 3. PUBLIC HEARING 3.1 Appeal of Planning Commission Approval of Vesting Tentative Tract 31097 1 Appellant: DR Horton — Continental Series / Public Hearing continued from October 7, 2004 / Applicant's (developer's) request to withdraw - take no action / Community Development Director Applicant has withdrawn request — no action taken 3.2 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 13 (Park Meadows 171, LLC Tract 30878-1 & 30878) / City Attorney a) Resolution No. 2637 / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 13 / Approve and Adopt b) Resolution No. 2638 / A Resolution approving the Engineer's Report for Annexation No. 13 in to LLPD No. 2 / Approve and City Council Meeting November 18, 2004 Page 9 of 25 Adopt c) Resolution No. 2639 / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 13 / Approve and Adopt City Attorney John Brown stated that this continues the process. This is a process in which the property owner has asked to petition for the inclusion of their property in LLPD No. 2. As part of that process we are required by Propositions 13 and 218 to conduct an election in which point if the lien holder is in favor, we will be able to order the annexation to LLPD No. 2. M/S/C (Carlson-Buydos / Ayres) moved to adopt and approve Resolution Nos. 2637, 2638, 2639 ordering the annexation of Park Meadows 171, LLC Tract 30878- 1 & 30878. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Mayor Ayres opened the Public Hearing at 8:14 p.m. No one was present to support or oppose the resolution. City Clerk Chouinard reported there were no written comments received. Mayor Ayres closed the Public Hearing at 8:15 p.m. 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 Tracts 30878-1 & 30878 aka Park Meadows 171 LLC into the LLPD No 2 known as Annexation No. 13/ / Approve and Adopt Resolution No. 2640 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 13 Mayor Ayres opened the Public Hearing at 8:17 p.m. No one was present to support or oppose the annexation and assessment. City Clerk Chouinard reported there were no written comments received. Mayor Ayres closed the Public Hearing at 8:18 p.m. The City Clerk tabulated ballots: The results are in favor of the annexation and the assessment of $112,613.98. M/S/C (Shaw / Ayres) moved to approve the certification of the election results for adding Tracts 30878-1 & 30878 aka Park Meadows 171 LLC into the City Council Meeting November 18, 2004 Page 10 of 25 LLPD .No 2 known as Annexation No. 13/ ! Approve and Adopt Resolution No. 2640 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment —Annexation No. 13 Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain None 3.3 Community Development Block Grant (CDBG) Program and Projects Fiscal Year 2005/2006 Public Hearing ! Following public comments adjourn (continue) to December 2, 2004 ! Redevelopment Operations Manager Redevelopment Operations Manager Steve Pasarow stated that tonight's public hearing is a mandated requirement under HUD regulations for the use of Community Block Grant Funding. It is required to conduct a public hearing and allow the public and community the opportunity to comment on the application and the use of the CDBG funds for the community. Tonight's hearing is to accept these comments. At the end of the public hearing, staff requests that the Council adjourn and continue the meeting until the December 2, 2004 City Council meeting. At which time, the Sub - Committee will make the allocations for the funding for various programs and projects. Mayor Ayres opened the Public Hearing at 8:20 p.m. Mary Snow, 418 East Florida Avenue, Hemet, program director for Central County United Way, stated she is representing two senior programs that the Central County United Way has applied for the CDBG funds for. First is the Senior Companion Program, which is a program that gives low-income senior volunteers opportunities to serve other seniors in the community. That program offers the senior volunteers a small stipend for their service. • Secondly, the Senior Home Repair Program which provides minor home repairs to low-income senior home owners. Since July, in the Senior Home Repair Program, they have done 113 minor home repairs. 70 or 80 were projected for the whole year. Mrs. Snow thanked the City Council for their support for that program, and stated she will answer any questions they may have. Gail Hepner, Valley Wide Recreation and Park District; 4161 Acacia Avenue, Hemet, thanked the City Council for previous scholarship support; the before and after school programs with the San Jacinto CDBG funding. She added City Council Meeting November 18, 2004 Page 11 of 25 that lastyear, they were able to provide over 100 scholarships and expect to double that this year. Ms Hepner shared two scholarship stories with the City Council and thanked the City Council for their support. M/SIC (Ayres / Shaw) moved to continue Community Development Block Grant (CDBG) Program and Projects Fiscal Year 2005/2006 Public Hearing / Following public comments adjourn (continue) to December 2, 2004. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Other Public Comment: Jack Warneke, 1 183 DeAnza Drive, San Jacinto, President of the Museum Association in San Jacinto noted this organization was founded in 1979 to support the museum. Mr. Warneke stated he is present to update the City Council on the status of the museum. He stated there are funds within the Association and the board has approved to buy a modular building to house the museum collection. The board had money to purchase a building and with Ms Goodman's help, have been able to get the okay from the National Parks Service to get the museum located at the Estudillo Mansion. The ground breaking was this morning. A few hours into the dig the archaeologist stopped it after finding things such as broken glass and bricks, and says now it has to be done by hand. It will slow the process. The Museum Association has already purchased the modular, and it is ready to go. As soon as the archaeologist releases the site, they will get the museum in place. The Association is buying it, but will donate and put the ownership in the hands of the City. He suggested the lobbyist, while she is here, get a tour for a better understanding of what is happening with the museum and the mansion before going back to Washington. Mayor Ayres commended and thanked Mr. Warneke in regards to the leadership he has shown with the project. Several Council Members have visited the site and are impressed with the aggressiveness of the time table Mr. Warneke has worked with these projects. 4. CITY DEPARTMENTS 4.1 Public Works Director's Job Description and Recruitment / Approve job description and authorize director level recruitment/ City Manager City Manager Cosentini stated that back in September they did a statewide recruitment. There were only three applicants that did not meet the minimum qualifications for the job. This position is responsible for the City Council Meeting November 18, 2004 Page 12 of 25 entire -Public Works Department. Currently it is a superintendent level position being expected to do a department director level job. He believes the applicants thought that if it is a superintendent level job, then they are going to pay at the superintendent level; so the individuals probably thought that they would be expected to do a department head level job and be paid at a superintendent level compensation. Therefore, he believes it resulted in the unsuccessful recruitment. City Manager Cosentini added that his observation the Public Works Department, like other departments in the City, are growing rapidly. He envisions that at the time of build out, there will be 80 to 100,000 people; and the department will grow commensurately with the City. He added that he believes that the City has come to a point in its history that the City needs to make a greater investment. He recommends that the position be reclassified to a public works director position. Suggests that the City go out again for state-wide recruitment and that the salary be left open. The department has 21 employees similar to Community Development Department. Mayor Ayres questioned when, if approved, would they go out for recruitment. City Manager Cosentini stated that recruitment would start immediately and probably interview in February and bring back to Council late February or early March. Vice Mayor Carlson-Buydos believes the job description is light based on what this person does. There is no discussion and no description as to the duties and essential functions relative to water management and systems operations. She added that there is nothing regarding compliances; establishing guidelines and protocols; daily maintenance for long-term maintenance standards; long-term plans and rate analysis for water. Vice Mayor Carlson-Buydos added that principles of economic development and redevelopment is not applicable. What is not in the description is anything with water management and operations and expansions. The ground water management plan and the water department need a lot of time and attention at a very professional level. Let's really focus on the areas that need it. The rest of it really is daily maintenance. There is nothing in the description about knowledge of street and pavement maintenance and that is a science in and of itself. She stated she believes the City should look at some of the certifications that might be preferential for that. All that the City has really is license and certificates geared towards water, which is what she believes is needed to stay focused on. She stated she does not agree to keep salary open. Since the City has director level positions analyze this position relative to other director levels, and then adjust a salary range accordingly noting that salary be set within that range depending on qualifications. It needs to be clear that this person is not doing capital improvement planning and City Council Meeting November 18. 2004 Page 13 of 25 engineering: If not clear, applicants will be looking for a salary higher than - what this job will warrant. Council Member Conner expressed concern about the temporary filling of the position currently can only work for six months. His time will expire before the suggested rapid salary survey. Council Member Shaw concurred with Vice Mayor Carlson-Buydos and Council Member Conner. Mayor Ayres suggested bring back the job description the 2nd meeting in December. Mayor Ayres added that in the meantime, the advertisement should go out. Vice Mayor Carlson-Buydos stated the salary range needs to comply with others. City Manager Cosentini stated he could provide current department head range. He added that it is difficult to recruit without a salary, unless it is going to be left open and negotiable. If not, the City will have the same hesitation and confusion that it had the first time; therefore, a salary needs to be set. Mayor Ayres stated the Council will have this come back the second meeting in December with all the questions answered. He then directed the Council to e-mail any further comments to the City Manager so that this will go out the second time around. Vice Mayor Carlson-Buydos requested the City Manager: • give the council a revised job description put in a packet the information on what current department head salary ranges are • Before the next meeting, do some work on what work an operations director has to do. City Manager Cosentini added it would be revised without the engineering function. Vice Mayor Carlson-Buydos concurred to have the current director information and revised job description in a package for the presentation for the staff report on December 2'd. She then questioned when the deadline was for the advertisement. City Manager Cosentini responded they would miss Western Cities magazine due to the 22nd deadline. City Council Meeting November 18, 2004 Page 14 of 25 M/S/C (Carlson-Buydos / Conner) motioned to get the advertisement moving forward and get the revised job description and current salary information and direct staff before the next meeting to review comparable salary ranges relative to the job description and responsibilities. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None 4.2 Bus Shelter Advertisement / Ad Hoc Subcommittee recommendation to contract with Hemet/San Jacinto Chamber of Commerce for management / Approve / City Manager City Manager Cosentini reported that in April he had brought over a report that recommended that the City do the bus shelter advertisement in house. At that time, the Council disagreed with that recommendation and appointed Council Member Shaw as a committee of one to come back with alternatives and recommendations. Since that time, City Manager and Council Member Shaw have conferred on the program and the recommendation now is to enter a contractual relationship as a franchise with the Chamber and split the profits absent the maintenance costs. The Staff underestimated the amount of money that will be received in regards to rent for the panel. The initial estimate was somewhere in the $30,000 range. The Chamber believes the panels are worth much more and that the total program would be like $84,000, minus the cost for maintenance of the facilities. This does not cost reflect the financial costs of the Chamber. Council Member Shaw discussed with City Manager Cosentini about bringing this back to Council for reconsideration. There would have to be a recommendation to negotiate the franchise which would also include some legal parameters in regards to advertisements to make sure that good taste is being followed within parameters and the First Amendment. He believes the staff report outlines the concept. Council Member Ken Shaw stated that he and the City Manager have spent a considerable amount of time in regards to this issue. Originally the City went in and put out a proposal with national advertisers with no response. An in house program was brought up with the money coming out of general funds and it was voted down. Then the Mayor gave him the green light to run this and come up with some ideas. Right now, there are eight bus stops covered all on State Street. Seven have the double kiosks on them. One has a covered bench; so it would be approximately 14 kiosks that could be utilized. Council Member Shaw stated he would like to keep local advertisers. RTA has given them some bus stops. City Council Meeting November 18, 2004 Page 15 of 25 Council Member Shaw added that he believed that at one time, the Mayor had a goal to create income to the program. Another goal that the City Manager and Council Member Shaw had in mind and were working towards began about two or three months ago involving purchasing more. He is concerned that there has not been a lot of maintenance on the stops and the only advertisement that they have had is a public service announcement for the Ramona Pageant last year. Council Member Stubblefield stated that he had been advised by an engineer that the structure on the current advertisement would still fit. The refinements are more subtle. Council Member Shaw stated that the Council has some options in this program in that they could use part of the RTA. The Chamber could go out and solicit, possibly the tribe, and local merchants, keeping it as a local project. If the Chamber is able to sell the advertisements and split it with the City after management fees and maintenance fees, he believes the City could put in three new covered bus stops. Right now, there are collectively 10 — 12 uncovered. He stated that he believes it is a doable project, a workable project. Council Member Stubblefield questioned using the net revenue, cleaning the bus stops, and emptying the trash cans. He referenced a situation in April where someone hit the bus stop and questioned whose responsibility it is to replace it. He further questioned if the net revenue at the end of the year would be split up after replacing the bus stop. City Manager Cosentini stated that they have not approached that issue and another misunderstanding is the cost of management. Currently in the staff report it states splitting the revenue after the maintenance cost, which is the cleaning. The Chamber's Executive Director Patty Drusky was under the understanding that the cost of managing the system would be pulled off the net profit and split. I didn't understand it that way; but this is Council Member Shaw's proposal so whatever he proposes to be the deal will be presented to council. Council Member Shaw stated that his belief is that it is part of the Chamber and would pay out for maintenance, but would not want to give anything for management, and would not want to be involved in projects. Vice Mayor Carlson-Buydos questioned splitting it 50/50 wouldn't it cover that. Council Member Shaw stated that is how he understood it. City Manager Cosentini responded that whatever Council Member Ken Shaw is proposing is being put on today with the Council's direction. It is City Council Meeting November 18, 2004 Page 16 of 25 being -suggested that the management fee or cost be split before the net is determined. Vice Mayor Carlson-Buydos questioned as to what type of agreement are they looking at and duration. City Manager Cosentini stated that is something that was not touched on. Vice Mayor Carlson-Buydos questioned as to what they want the Council to do tonight. Council Member Ken Shaw replied that what they are proposing tonight is to have the Council look at the plan; and if they like it, they can go into some kind of a contract with numbers and in terms of whatever the council wants to sign as a proposal. Council Member Conner suggested a two-year contract initially. In regards to management a cap is needed. He suggested 10% of gross with a max cap. Up keeping them up is a lot work based on experience from the Rotary Club. They rotate their benches and advertisements and go out and solicit and repair damaged benches. Patty Drusky, CEO of the Hemet/San Jacinto Valley Chamber of Commerce, 615 North San Jacinto Street, Hemet stated that the Mayor expressed to her about getting more bus shelters in the City of San Jacinto. The City Council of San Jacinto has made amazing strides in beautifying the City. The bus shelters have prime advertising place on them and to be empty is not attractive. As CEO of the Chamber she stated that she works with over 800 businesses looking for a creative ways to advertise their businesses; we believe that the Chamber could initiate local advertisers, not national advertisers, and would like to see that happen in this community. Ms Drusky agreed with Council Member Conner that it is a tremendous amount of work and furthered that they would contract out the maintenance. However, in doing that, the organization we would contact would have to purchase equipment to do the maintenance. They would be looking for a term agreement to cover the cost of the equipment or the Chamber would have to purchase it for them. A two-year agreement would be good because it has to be worthwhile for the maintenance people to purchase the equipment to do it. She questioned if he is under the correct understanding that the agreement would be to split the revenues 50% after the all expenses. Mayor Ayres questioned City Attorney Brown if someone drives down the street and takes out one of the bus stops, how does the Council put some language into the proposal that shares that cost, or is it solely the responsibility of the City of San Jacinto? City Council Meeting November 18, 2004 Page 17 of 25 CityAtt.orney Brown responded that normally the situation that is run into is a complete reversal liability where that liability is shifted from the City of San Jacinto to the other party; and that they agree to indemnification and hold us harmless. Typically, that is a bargain struck resulting from private parties receiving enough monetary consideration to make it worth their while to assume the risk. Attorney Brown explained a suit is possible but not likely. Mayor Ayres stated that he still believes it is a money generator for the City of San Jacinto. Mayor Ayres suggested putting language of whatever that is approved tonight, provided the money doesn't go into the general fund and is forgotten about. The bus will still continue to be out there without shelters. A certain percentage of the profit on the existing bus shelters particularly as the bus shelters grow needs to be invested in more shelters. The City should be making more money across the board if that is done. He expressed his greatest concern is to see benches produced. Council Member Conner questioned what is bad about national advertising; because every product at every store at Wal-Mart or whatever is a national product such as computers or software et cetera, and these companies have a lot of money. Ms Drusky stated the Chamber is not opposed to national advertising, the Chamber would like to see some local advertising in there because a lot of the local businesses are looking for some unique ways of doing advertising, therefore they would like to make it a priority that it be local advertising. Council Member Conner stated the national advertisers also pay for newspaper ads and have their product in there. Ms Drusky stated that it is just a priority to give the local businesses the advertising opportunity as a priority not as an opposition to national advertising. Mayor Ayres stated he doesn't think the package is complete and suggested to bring it back the second meeting in December. He further stated that he would like to discuss the term of the contract more among other things. Vice Mayor Carlson-Buydos responded that she believes this item needs a lot more details, she is concerned about content, protocol, contract terms, and what parameters are to be set. Mayor Ayres stated that back in April the Council had talked about content such as not having multiple cigarette ads in a row, there is some guidance he could get from RTA that talks about that. City Council Meeting November 18, 2004 Page 18 of 25 CityAttorney Brown stated that though this is commercial speech, it is protected speech whether it is cigarettes, condoms, or liquor. That is why you see those advertisements increasingly, because it is protected speech. Obviously, things that are grossly offensive the City could probably restrict. Vice Mayor Carlson-Buydos stated that whatever is in the contract has to be legally defensible compliable. Attorney Brown stated that he believes it is a practical matter in relation to good taste and hopefully will be community minded people who advertise using this program. City Manager concurred to reschedule for the 2nd meeting in December. 4.3 Estudillo Mansion Committee Vacancy / Appoint a 2004 applicant based on the Historical Preservation Committee's recommendation to fill the vacancy on the Estudillo Mansion Committee with the term expiring the same as vacated seat - August 2007 / Historical Preservation Committee Council Member Conner, Historical Preservation Committee, stated that they originally interviewed eight candidates. (Council Member Shaw was sitting in for Dale when they did the interviews). He added that that there were four very qualified candidates. Having conducted the interviews, they recommend Don Blubaugh be appointed. M/S/C (Ayres / Carlson-Buydos) motioned to appoint Don Blubaugh based on the Historical Preservation Committee's recommendation to fill the vacancy on the Estudillo Mansion Committee with the term expiring the same as vacated seat - August 2007. Motioned Carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Mayor Ayres stated that although Mr. Blubaugh is not present this evening, Council will contact him and let him know he was appointed to the Committee. 5. CONSENT CALENDAR 5.1 Warrants at 11/18/04 / Approve / Finance Director 5.2 November 4, 2004 Regular Minutes / Approve / City Clerk 5.3 September 2, 2004 Regular Minutes / Approve / City Clerk City Council Meeting November 18, 2004 Page 19 of 25 5.4 Treasurer's Report at September 30, 2004 / Receive and File / Finance Director 5.5 Final Parcel Map 32060 — Michael English / Approve for recordation / Community Development Director 5.6 Final Tract Map 29859 - 82 San Jacinto LLC / Approve for recordation and Authorize City Manager to execute Subdivision Agreement / City Engineer 5.7 Final Tract Map 30878-1 and 30878 — Park Meadows 171 LLC / Approve and Authorize the City Manager to execute the Subdivision Agreement 5.8 Resolution No. 2641 / A Resolution initiating annexing certain territory (San Jacinto Ranch Country View Estates LLC — Tract 30335) into Assessment District No. 2003-01 Annexation No. 71 Approve and Adopt / City Attorney and Special Tax Consultant 5.9 Resolution No. 2642 /A Resolution for approval of Engineer's Report and setting the Public Hearing for Annexation into Assessment District 2003-01 ( San Jacinto Ranch Country View Estates LLC) Annexation No. 7 / Approve and Adopt / City Attorney and Special Tax Consultant 5.10 Surplus vehicles and equipment / Approve release and public auction / Public Works Superintendent 5.11 Community Development Block Grant (CDBG) Program — reprogram FY 2004/2005 Program Funds / Approve / $50,000 in CDB funds from S.SJ108 (Museum Relocation) to 3.SJ107 (Police Activities League Project) / Community Development Director 5.12 Ordinance No. 04-08 / An Ordinance adding Chapter 8.56 to the San Jacinto Municipal Code concerning surface mining and reclamation / Approve second reading and Adopt Ordinance 04-08 and by further motion read by title only: An Ordinance of the City of San Jacinto, California, adding Chapter 8.56 to the San Jacinto Municipal Code concerning surface and reclamation / Community Development Director 5.13 Conditional Use Permit 7-03 / Ratify Planning Commission's approval of CUP 7-03 based on the Findings of Fact and Conditions Approval, permitting the construction of a 20 unit apartment complex located City Council Meeting November 18, 2004 Paqe 20 of 25 on the east side of Santa Fe Avenue, north of Midway Avenue / Community Development Director 5.14 Conditional Use Permit 1-04 / Re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway / Community Development Director 5.15 Conditional Use Permit 8-03 / Ratify Planning Commission's approval of CUP 8-03 based on the Findings of Fact and Conditions Approval, permitting the construction of a vehicle impound yard on a .62 acre parcel, located on east side of Buena Vista and north of Esplanade Avenue, zones M-1 / Community Development Director Mayor Ayres pulled Agenda Item 5.3 (9/2/04) Minutes and continued to it to December 2, 2004. Vice Mayor Carlson Buydos pulled Agenda Item 5.14. M/S/C (Ayres / Shaw) motion on balance of Consent Calendar items 5.1, 5.2, 5.4, 5.5, 5.6, and 5.7. 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Mayor Ayres requested a staff report, public comments, council discussion, a motion and vote on each of the pulled items. 5.14 Conditional Use Permit 1-04 / Re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway / Community Development Director Vice Mayor Carlson-Buydos stated that this has been before the Council before and has come back because of notice of hearing issues. She questioned if this item is two towers or three different towers and what other structures are in the area that limit the height of the towers. She further questioned the structure's compatibility and why it isn't commercial; and which type of antenna/tree it is. Community Development Director Tim Hults stated that this is a palm tree that has the antenna within the ball and for a second antenna array, it would be trunk mounted, flushed and clad to look City Council Meeting November 18, 2004 Page 21 of 25 like -.a -palm. The closest structure is the hay shed next door for height issue. Vice Mayor Carlson-Buydos stated she is questioning the compatibility because how far it is set back from the residential development. Director Hults stated that there is a parcel between this individual location and Blodgett Street. The parcel itself is approximately 600 feet. He also added that it will be about 150 feet from Blodgett Street. It is roughly 500 — 600 feet from Ramona Expressway. Vice Mayor Carlson-Buydos stated that she usually has photo simulations from different locations. She is not sure if it will be ratified tonight. She questioned the compatibility of what is there in the area now versus taking the whole area, which is General Plan right now and not even zoned commercial. The whole area creates a nice commercial complex. She questioned if the site was commercial with a legal non -conforming residential use would now it be a similar situation as the Sanderson/Ramona site? Director Hults replied affirmatively. Vice Mayor Carlson-Buydos questioned how they would review this residential or commercial? Director Hults stated it would be reviewed as commercial. Vice Mayor Carlson-Buydos questioned if that also applied to the set back, though the uses there are residential. Director Hults replied affirmatively. Vice Mayor Carlson-Buydos stated that based on these questions, she wants to be sure that it fits, and would like to set it for a hearing. She expressed concern about the area being slated as commercial with the proximity and aesthetic issues. She further stated that the area will probably all go commercial, but wants to make sure if it goes residential, it complies. Attorney Brown noted there may be time restraints based on Planning Commission approving the environmental review process. Mayor Ayres left meeting. Council Member Stubblefield concurred to set the matter to a hearing. City Council Meeting November 18, 2004 Page 22 of 25 Director Hults read engineering conditions. 1. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of operation of the facility, save and except that caused by City's active negligence. 2. The use hereby permitted is for a clustered wireless telecommunication facility with two 45' mono -palms located on APN: 431- 040-053. The effective date of issuance of this permit is the date it is ratified by the City Council. The applicant must activate the permit within one-year after ratification or it shall become null and void. 3. Each mono -palm shall be constructed to permit co -location. One cellular provider in the palm -ball and one cellular provider in the palm trunk. No antenna array shall be permitted in the palm frond structure. 4. All applicable development fees effective at the time of issuance of the building permit shall be paid. 5. All new and existing utilities shall be located underground as per Ordinance #820. 6. Exterior lighting shall be a manually -operated or motion detector controlled light above the equipment shelter door. Light shall be kept off except when personnel are actually present at night. 7. Prior to the issuance of a Certificate of Occupancy, all utility substructures shall be located and/or screened with landscaping material so as to minimize visibility from the public right of way. 8. Prior to the issuance of a preliminary (rough) grading permit, the developer shall submit a soils report to the Planning Department 9. Grading and public improvements shall be installed in accordance with City standards and specifications. The tops of all graded slopes shall be at the property line. 10. Standard commercial approach and asphalt driveway shall be 21/2 inch thickness over a compacted native base. Plans shall be submitted to the City Engineer for work outside the Caltrans right-of-way. 11. Additional pavement, striping and signing improvements shall be provided to allow for right and left turns. Plans shall be submitted to and permitted by the Caltrans. City Council Meeting November 18, 2004 Page 23 of 25 12. _----Prior to issuance of a building permit, the developer shall submit landscape and automatic watering system plans for the facility. Landscaping improvements shall be installed prior to issuance of a Certificate of Use and Occupancy. 13. Prior to issuance of a building permit; the developer shall submit landscape and automatic watering system plans for the facility. Landscaping improvements shall include the installation of two15-foot and two 20-foot high palm trees and specimen size trees shall be planted on the exterior of the facility to screen the equipment shelters. Improvements shall be installed prior to the issuance of a Certificate of Use and Occupancy. 14. Prior to issuance of Certificate of Occupancy, the developer shall install a 6-foot high split face block wall around the facility. Access to the facility shall be through two 6-foot wide iron rod gates with a mesh backing and a "Knox" rapid entry lock or box. Plans shall be submitted to the Planning Department prior to the issuance of a building permit. 15. Antennas and all support structures shall be painted to match the color of the palm fronds. 16. Simulated palm trunk, the cladding on the steel monopole shall consist of a textured coating and etched in a manner to emulate the appearance of the trunk of a palm tree. 17. Each equipment shelter shall be 11'x20'x10' and shall consist of an insulated prefabricated metal structure with an exposed aggregate exterior. 18. This use permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. M/S/C (Stubblefield / Conner) / moved to re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway motion to set a ratification hearing for CUP 1-04 Approval. Motion carried 4/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield Nays: None Absent: Ayres Abstain: None City Council Meeting November 18, 2004 Page 24 of 25 Vice Mayor_Car-lson-Buydos recessed the regular meeting to consider the Redevelopment Agency Agenda at 9:22 p.m. Vice Mayor Carlson-Buydos reconvened the Regular Meeting following the Redevelopment Agency Meeting at 9:24 p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk Council Member Shaw stated the City of San Jacinto presented a proclamation to the Central County United Way on their grand opening. Council Member Stubblefield stated that the Council Members voiced their opinions at the Manager's Forum of WRCOG requesting that the office space not be increased by 1/3 vote, plus an 8.8%. It doesn't look good. Vice Mayor Carlson-Buydos stated she does not have anything to report from Class Action. She stated that based on the presentation by Federal Lobbyist Joni Goodman felt our report is good in regards to the issues before the City Council and encouraged the City Council members to converse with her; would like to have to City Council especially in regards to what happens to Hwy 79 suggestions and miscellaneous projects and opportunities for San Jacinto. She also reiterated on the importance of having the proper forms filled out and into the Senator's office. Vice Mayor Carlson-Buydos recessed the Regular Meeting at 9:27 p.m. and reconvened in Closed Session at 9:35 p.m. 7. CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: Assessor's Parcel Numbers (APNs) Willie DeJong 431- 110-006, San Jacinto 29 - 431-100-026, Gordon Hurst - 431- 100-009, John Haagsma - 431-110-007, Dale Bartel - 431- 110-009 & 431-110-010, Donald Plueger - 431-150-001 & 431- 150-002 & 431-150-029, Alyce Spar - 431-150-013, John Shogren 431-150-022 Agency negotiator: Peter A. Cosentini, City Manager Negotiating parties: Willie DeJong; San Jacinto 29 officer or appointee; Gordon Hurst; John Haagsma; Dale Bartel; Donald Plueger; Alyce Spar; John Shogren City Council Meeting November 18, 2004 Page 25 of 25 Under -negotiation: Price and Terms No reportable action. 8. ADJOURNMENT Following a motion and a second, vice mayor adjourned the meeting at 10:24 p.m. City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk Approved as read: Approved as amended: MINUTES AG E WA 3.3 REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 18, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Callao Order Mayor Ayres called the Regular Meeting of the San Jacinto City Council to order at 7:02 p.rn. 1.2 Roll Call Present: Chris Carison-Buydos, Conner, Shaw, Stubblefield, Ayres Absent: None 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 Certificate of Excellence / Recognition of Brian Ellis' achievement of attaining Eagle Scout rank Mayor Ayres mentioned that Mr. Ellis could not be present this evening to receive his certificate clue to this evening being his dad's birthday. Mayor Ayres commented that Mr. Ellis is a newly crowned Eagle Scout. He then stated that he is impressed by this young man and his caliber: To earn the rank of Eagle Scout you have to earn 21 merit badges. He has earned 39 badges. 1.5.2 Spotlight of the Month — Stadium Pizza / Economic Development Director City Council Meeting November 18, 2004 Page 2 of 25 Economic Development Director Randy Williams spotlighted Stadium Pizza located at 701 West Esplanade, which has been serving the valley for more than 16 years. Dan Nelson is the owner of Stadium Pizza and is very involved in the community with events such as "Lunch with a Firefighter" as well as supporting the Valley Wide Recreation Center athletics programs, as well as the School Board Program which gives out complimentary meals to children with high achievements. Mr. Nelson has a staff of 25 full and part- time employees. Mayor Ayres presented a plaque to Dan Nelson on behalf of the San Jacinto City Council. Mr. Nelson thanked the city for the award and explained that he is a lucky man and enjoys going to work everyday. Knowing that the city appreciates his business being in town is a great feeling. 1.5.3 Federal Legislation Update / Review of Federal earmarks and projects / Request for Council's input / Joni Goodman, San Jacinto's Washington D.C. Lobbyist Joni Goodman presented an update for the Council: "General Congressional overview, there have been changes in Washington congressionally and in our department. It is unsure how all the leaders and department heads are going to check out, but they are taking their places and we will continue to try to get through our projects in the federal government. What is the most important part of what we try to do is to bet some earmarks applied for last year. We don't know the outcome yet. They are going to be on the bills. It is important for San Jacinto to figure out where it would like to go next year. The federal government is on a cycle. The President passes his budget in February. It is important for San Jacinto to come and talk up those projects in January. Both senators like to have forms filled out by mid -February in regards to how much they want to go for and how much. " Ms Goodman mentioned a couple programs that would be a benefit to San Jacinto: • The CalFed bill. Ms Goodman stated it has been signed into law. She stated that the levee is a high priority for the City. The levee project would be a project that could qualify for a CalFed Bill. The bill that was signed is only one step in the process. The second step is very important for congress to feel they have to fund this project. It is very important for the City to do anything it can do to push this through. The bill is authorized for five years starting in fiscal year '06. City Council Meeting November 18, 2004 Page 3 of 25 • Ms Goodman further stated that the other bill that is very important this year is the Endangered Species Act which is to be reauthorized and a top priority. • Transportation Authorization (ISTEA) is being housed until May 2005. It was up in September 2004 and they keep extending the bill. They'll wait until the new Congress comes in to deal with it. Highway 79 is earmarked in that bill. • In regards to the museum: The Institute of Museum and Library Services is where they were earmarked last time in the bill. Ms Goodman stated that she believes the City's museum is up and running and located at the Estudilio Mansion. She suggested putting in a grant application for the library in regards to the Institute of Museum and Library Services in reference to library services for the museum. She stated that the requirement to put in for the grant is that the museum has to be up and running. • EDA — She stated she is not sure what they are doing in reference to grants for the EDA. She believes that the planning grants portion of EDA could be separate and earmarked for the levee. • She stated she went to a meeting on an urban forestry project that has been running since the '70s. The project started out studying Dutch Elm disease with a $20 million appropriation and now has budget for over $33 million. It is something that gets the money from the Federal Government. Sacramento has the original forestry person. She stated she would leave information with the City Manager. Vice Mayor Carlson-Buydos questioned Ms Goodman about public safety, particularly firefighters. Joni Goodman responded that there was $726 million appropriated for the fire grant; the final 2005 appropriation is $715 million. What they did for the grant portion was $650 million, which they put in $65 million for staffing. However, the fire grant -- firefighters actually will get less than the previous year. A lot of what is going on in the homeland security area is money that was taken out of a lot of the state and local than last year. Mayor Ayres commented on the budget impact for RTA and RCTC not being funded at the local level. Joni Goodman replied that it was the senate who was holding out on the funding figure and that was the big hold up. Ms Goodman also stated she expects that to change. City Council Meeting November 18, 2004 Page 4 of 25 Mayor Ayres stated that the council collectively supports special funding requests for the levee, 79, and the mansion and through the Department of Justice for FAL. He further stated that he doesn't know who the contingent will be traveling to Washington, D.C., but he will probably go in March. Joni Goodman stated that she does have to stress that Senators Boxer and Feinstein need forms filled out: They are being very strict on the cutoff deadlines. She added that Director Hults helped her last year with the levee. Mayor Ayres reviewed what Joni Goodman does for the City's representatives beginning by being at the airport and for the next 48 hours, shuffles the group into 15 or 16 meetings. It really is a non stop, get-up-and-go meeting with congressmen and senators. Then you are at the Pentagon and then the Rayburn Building. You are literally everywhere, and there is no way that any of us could ever have figured that out without a lobbyist back there that can get you from A to B on time. Mayor Ayres stated that if you are not on time, they are on to the next one. Some of these deais are struck in the halls when you are walking down them. It is just an amazing process. Mayor Ayres said that the Council appreciates Ms Goodman coming to San Jacinto. He stated Council Members and staff have been there in the past and will continue to be there. The special earmarked funding that was received last time clearly would not have been possible without Joni Goodman. 1.5.4 Mayor Ayres farewell comments for Jim Conner. Mayor Ayres commented on Jim Conner's service to the community by serving in many capacities: the Chamber of Commerce, School Board, and his nine years on the San Jacinto City Council. He has been an institution as far having the ability to go to someone who has the history of the valley. Mr. Conner knows more about historical recollections in this valley than probably most people even know. Mayor Ayres added that his knowledge on water is unparalled. As a business man and a father in this community, he has raised his family, he has been a part of this community and will be part of San Jacinto's history for years to come. He thanked him for all that he has done. Mayor Ayres stated he has enjoyed sitting next to Mr. Conner and commented that he has seen the General Fund at its very lowest and is now leaving at one of the highest marks. City Council Meeting November 18, 2004 Page 5 of 25 Council Member Ken Shaw stated that this is kind of a roast for Jim Conner and that he is going to miss Jim Conner when he keeps looking over at his desk and wondering where he gets papers that he hasn't seen; so he thought from time to time he would put something over on his side that has nothing to do with the Council just to see him comment. Ken Shaw added that they are building the new PAL building and the Council decided to name the PAL building the Jim Conner PAL Building. Jim Conner commented to him that he really didn't deserve it. He agreed, (everyone laughed) but the Council is doing it anyway. Council member Dale Stubblefield stated that it was a privilege to work for Council Member Conner when he was on staff with the City of San Jacinto. The history that Mr. Conner brings to the table will definitely be missed. The Council wilt certainly want to track him down for any questions that they have regarding the history of San Jacinto. It has also been a privilege serving with him in that he is a very professional man and his integrity is unparalleled. He is a very honorable man. He concluded with a thank you. Vice Mayor Chris Carison-Buydos presented a street sign which says, "Jim Conner Drive" which she noted that he always had a drive for San Jacinto. Mayor Ayres read a plaque and presented it to Jim Conner and asked him to say a few words. Council Member Jim Conner stated that he has been ill and almost didn't come tonight. He was born and raised in Fresno, California moved to and married in southern California. Originally, he thought he would do business in northern California. He worked in Orange County and when one of his competitors decided to fold, he decided this was the place. He stated he named his business after the history of his valley. The name Alta Nursery came from the name of this area which was Alta, California back when Juan Bautista Anza came through here. He camped right on the river here on Saint Hyacinth which is where the name San Jacinto came from. He noted he tried to stay clear of city government, but sometimes you have to get involved to get things done for your business. I got drug into the election in 1995 based on the budget. It was a tough first couple of years. The Council had to down size and get it running like a business. Council Member Conner spoke on the Main Street Bridge Project. Bridges were non-existent except for State Street Bridge. As the community developed across the river, there was no way to get City Council Meeting November 18, 2004 Page 6 of 25 across. The first time a contingency went to Washington D.C. it included: Mayor Pat Williams, City Engineer Motlagh, an engineer from a San Diego firm, and Carl Lopez, the Soboba tribal chief. Within two years, the City had the money and had the bridge built. He further stated that the Council Members cannot do it alone. It takes a staff and citizens to accomplish things. Mayor Ayres recessed the Regular Meeting at 7:37 p.m. to celebrate recent and/or upcoming Council Members birthdays. Mayor Ayres reconvened the Regular Meeting 7:54 p.m. 2. PUBLIC COMMENTS: Mayor Ayres introduced Nancy Patton and asked her to introduce the new City Queens. Nancy Patton thanked the Council and Jim Conner. The new queens introduced themselves. Lady Miss San Jacinto thanked the Councils for the Vietnam Wall memorial, the Christmas tree lighting, the Estudillo mansion, 4th of July parade, and the event honoring Jerry Lewis. Nancy Patton stated that for those that don't know Jim Ayres retired from the 452n° out at March Air Reserve Base and she is currently serving in a sister unit over there in the 163rd. She is the Senior Master Sergeant there; so they served in the Air Force together, and now live in the same city. She thanked the City Council for the orientation that was given to the new queens. Nancy Patton presented the City with a plaque for the City. Mayor Ayres accepted the plaque on behalf of the city. Michael Fred Allen, 565 East Third Street, "It's only been a couple of months ago since I came in front of the Council and was kind of leery about moving the County Animal Control. I did have an incident myself with County Animal Control about a week and a half ago that was something he wished hadn't happened; but they handled it well. It was an incident where myself and my dog became aware of a very large dog caught between my fence and a neighbor's fence. It was after midnight. We called the County Animal Control and Officer Flora came right away and got between the fence. It could have been dangerous. There was no harm to the dog, she got the dog out and into the truck. I would like to commend Officer Flora. That is her first name. I don't know her last name." Rorary Smith representing the Rotary Club of Hemet. Mr. Smith stated that for some unknown reason, recently the City had one of their benches at the corner of San Jacinto and Esplanade picked up and taken to their yard. Mr. Smith stated that the benches are their main funding for the Rotary Club. Mr. Smith named several things that are on their brochure that have improved with these resources such as the ability for them to add the handicap ramps at the museum and the airport, the fire safety trailer, and also provide scholarships. City Council Meeting November 18, 2004 Page 7 of 25 One of the businesses has asked for two benches in San Jacinto. They need to find out the regulations and laws for San Jacinto. In the past, on the seat section, they have put the name "Rotary Club of Hemet" so that they can be identified. Many years ago, the Rotary Club of San Jacinto had benches. The . Rotary Club of San Jacinto later abandoned that project and gave The Hemet Rotary Club their benches. Mr. Smith requested the Council to let the Rotary Club know what they are to do to comply. This is a tremendous amount of income for the Rotary Club, which in turn helps them provide for the community Mayor Ayres noted City Manager Cosentini will contact the president of the Rotary Club. Len Souza 1305 Freemark Court, San Jacinto- stated that "he hates to make predictions, but there has been an 18% increase in our water fees and we're not through. He is not here to talk about water. He is here to talk about graffiti." Mr. Souza continued that graffiti has a very negative impact on everybody except gangbangers or whoever these people are that mark their turf. It has never been a problem in the Park Hill area in the five years that he has lived there. On Monday morning, he headed to work and had seen that his S5,000 wall had graffiti on it. He had also noted that it was also on a masonry wall one block from his house and aiso on another masonry wall on Washington, one block before Hewift. He stated that he called City's Code Enforcement and left a message and didn't hear anything in 24 hours. He wants to know what the City does, if anything, about litigation or removal of graffiti. He is aware of Hemet's program. He has used it at his place of business about twice a year. As he was coming back to town, he decided to stop and file a complaint with the city. He spoke to Marcee Maupin at Code Enforcement. She informed him that Valley Wide was under contract at one time, but now our Public Works Department takes care of graffiti. She inquired as to what type it was. He informed her it was a masonry broken faced type wall. She informed him they would paint over the graffiti. He told them not to paint the wall, as the paint cannot be matched. She told him they would go by and look it. He decided not to make the police complaint Wednesday afternoon, he came back to the house and noticed it was painted over (5x8) rose color paint over the wall. Mr. Souza was not happy about it and it almost caused him to lose concentration on his driving. He then stated he wrote a letter to contact the City Manager and didn't hear back. He also called Code Enforcement this morning and she has not called him back. Later, he approached Public Works employees by his wall and they apologized. Ray Sanchez commented it was his fault. Mr. Souza stated that the city must rectify this by sand blasting or he will seek regress. He then stated that the major point of this is that there is no policy in place a procedure for people to step on private property and address graffiti in regards to where to do it and when to do it. Mayor Ayres stated to Mr. Souza that City Manager Cosentini will be in touch with him. City Council Meeting November 18, 2004 Page 8 of 25 Bruce Cozar, 570 Estudi to Drive, San Jacinto stated that he is very concerned about speed bumps. He has been here since 1964 and has never seen an accident on this street since. He is concerned that the people who are living there now decided to get a petition to get these bumps put on his street and thereby de -evaluating his property. He would like to know if these signatures are validated or did anyone do anything about this matter or just pass it. He questioned if the signatures are valid and if anyone has done a survey for flooding. He stated that he was here in 1980 when the City flooded and he knows what that water can do. Now, with the twc bumps the water will be diverted and stated that if it is diverted onto his property, someone is in a heap of trouble. He stated that one of the people that signed the petition spoke to him and that they lied to him that it was to get a neighbor out. Mr. Cozar stated that they de -evaluate the property; and if they are sc great, they should then put them all over the city. Mr. Souza added that it is saying kids can play in the street. There is a sign that says "Slow, children at play." Mr. Cozar questioned if it says that it is okay for children to play in the middle of the street and added if it be added in the middle of Main Street downtown. He further stated that he was not notified of this petition. Mayor Ayres stated City Manager Cosentirii will meet with him. Mr. Cozar stated that he was not satisfied with the City Manager's earlier response. Mayor Ayres stated that he himself will meet with Mr. Cozar and discuss with him the process, how it came to be, and continued that he will contact him tomorrow in regards to getting together. Mr. Cozar stated his work phone number was 925-9511. 3. PUBLIC HEARING 3.1 Appeal of Planning Commission Approval of Vesting Tentative Tract 31097 / Appellant: DR Horton — Continental Series / Public Hearing continued from October 7, 2004 / Applicant's (developer's) request to withdraw - take no action / Community Development Director Applicant has withdrawn request — no action taken 3.2 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 13 (Park Meadows 171, LLC Tract 30878-1 & 30878) / City Attorney a) Resolution No. 2637 / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 13 / Approve and Adopt b) Resolution No. 2638 / A Resolution approving the Engineer's Report for Annexation No. 13 in to LLPD No. 2 / Approve and City Council Meeting November 18, 2004 Page 9 of 25 Adopt c) Resolution No. 2639 / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 13 / Apprcve and Adopt City Attorney John Brown stated that this continues the process. This is a process in which the property owner has asked to petition for the inclusion of their property in LLPD No. 2. As part of that process we are required by Propositions 13 and 218 to conduct an election in which point, if the lien holder is in favor; the Council will be able to order the annexation to LLPD No. 2. M/S/C (Carlson-Buydos / Ayres) moved to adopt and approve Resolution Nos. 2637, 2638, 2639 of Park Meadows 171, LLC Tract 30878-1 & 30878. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield. Ayres Nays: None Absent: None Abstain: None Mayor Ayres opened the Public Hearing at 8: 14 p.rr. Nc one was present to support or oppose the resolution. City Clerk Chouinard reported there were no written comments received. Mayor Ayres closed the Public Hearing at 8:15 p.m. 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 Tracts 30878-1 & 30878 aka Park Meadows 171 LLC into the LLPD No 2 known as Annexation No. 13/ / Approve and Adopt Resolution No. 2640 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No. 13 Mayor Ayres opened the Public Hearing at 8:17 p.m. No one was present to support or oppose the annexation and assessment. City Clerk Chouinard reported there were no written comments received. Mayor Ayres closed the Public Hearing at 8:18 p.m. The City Clerk tabulated ballots: The results are in favor of the annexation and the assessment of $112,613.98. M/S/C (Shaw / Ayres) moved to approve the certification of the election results for adding Tracts 30878-1 & 30878 aka Park Meadows 171 LLC into the City Council Meeting November 18, 2004 Pace 10 of 25 LLPD No 2 known as Annexation No. 13/ / Approve and Adopt Resolution No. 2640 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessment - Annexation No, 13. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain None 3.3 Community Development Block Grant (CDBG) Program and Projects Fiscal Year 2005/2006 Public Hearing / Following public comments adjourn (continue) to December 2, 2004 / Redevelopment Operations Manager Redevelopment Operations Manager Steve Pasarow° stated that tonight's public hearing is a mandated requirement under HUD regulations for the use of Community Block Grant Funding. It is required to conduct a public hearing and allow the public and community the opportunity to comment on the application and the use of the CDBG funds for the community. Tonight's hearing is to accept these comments. At the end of the public hearing, staff requests that the Council adjourn and continue the meeting until the December 2, 2004 City Council meeting. At which time, the Sub - Committee will make the allocations for the funding for various programs and projects. Mayor Ayres opened the Public Hearing at 8:20 p.m. Mary Snow, 418 East Florida Avenue, Hemet, program director for Central County United Way, stated she is representing two senior programs that the Central County United Way has applied for the CDBG funds for. • First, is the Senior Companion Program, which is a program that gives !ow -income senior volunteers opportunities to serve other seniors in the community. That program offers the senior volunteers a small stipend for their service. Secondly, the Senior Home Repair Program which provides minor home repairs to low-income senior home owners. Since July, in the Senior Home Repair Program, they have done 113 minor home repairs. 70 or 80 were projected for the whole year. Mrs. Snow thanked the City Council for their support for that program, and stated she will answer any questions they may have. Gail Hepner, Valley Wide Recreation and Park District; 4161 Acacia Avenue, Hemet, thanked the City Council for previous scholarship support; the before City Council Meeting November 18, 2004 Page 11 of 25 and after school programs with the San Jacinto CDBG funding. She added that last year, they were able to provide over 100 scholarships and expect to double that this year. Ms Hepner shared two scholarship stories with the City Council and thanked the City Council for their support. M/S/C (Ayres / Shaw) moved to continue Community Development Bieck Grant (CDBG) Program and Projects Fiscal Year 2005/2006 Public Hearing 1 Following public comments adjourn (continue) to December 2, 2004. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Other Public Comment: Jack Warneke, 1183 DeAnza Drive, San Jacinto, President of the Museum Association in San Jacinto noted this organization was founded in 1979 to support the museum. Mr. Warneke stated he is present to update the City Council on the status of the museum. He stated there are funds within the Association and the board has approved to buy a modular buiiding: to house the museum collection. The board had money to purchase a building and with Ms Goodman's help, have been able to get the okay from the National Parks Service to get the museum located at the Estudillo Mansion. The ground breaking was this morning. A few hours into the dig the archaeologist stopped it after finding things such as broken glass and bricks, and says now it has to be done by hand. It will slow the process. The Museum Association has already purchased the modular, and it is ready to go. As soon as the archaeologist releases the site, they will get the museum in place. The Association is buying it, but will donate and put the ownership in the hands of the City. He suggested the lobbyist, while she is here, get a tour for a better understanding of what is happening with the museum and the mansion before going back to Washington. Mayor Ayres commended and thanked Mr. Warneke in regards to the leadership he has shown with the project. Several Council Members have visited the site and are impressed with the aggressiveness of the time table Mr. Warneke has worked with these projects. 4. CITY DEPARTMENTS 4.1 Public Works Director's Job Description and Recruitment / Approve job description and authorize director level recruitment / City Manager City Manager Cosentini stated that back in September they did a statewide recruitment. There were only three applicants that did not meet City Council Meeting November 18, 2004 Page 12 of25 the minimum qualifications for the job. This position is responsible for the entire Public Works Department. Currently it is a superintendent level position being expected to do a department director level job. He believes the applicants thought that if it is a superintendent level job, then they are going to pay at the superintendent level; so the individuals probably thought that they vvould be expected to do a department head level job and be paid at a superintendent level compensation. Therefore, he believes it resulted in the unsuccessful recruitment. City Manager Cosentini added that it is his observation the Public Works Department, like other departments in the City, are growing rapidly. He envisions that at the time of build out, there will be 80 to 100,000 people; and the department will grow commensurately with the City. He added that he believes that the City has come to a point in its history that the City needs to make a greater investment. He recommends that the position be reclassified to a public works director position. He further suggested that the City go out again for state-wide recruitment and that the salary be left open. The department has 21 employees similar to the Community Development Department. Mayor Ayres questioned when, if approved, would they go out for recruitment. City Manager Cosentini stated that recruitment would start immediately and probably interview in February and bring back to Council late February or early March. Vice Mayor Carlson-Buydos believes the job description is light based on what this person does. There is no discussion and no description as to the duties and essential functions relative to water management and systems operations. She added that there is nothing regarding compliances; establishing guidelines and protocols; daily maintenance for long-term maintenance standards; long-term plans and rate analysis for water. Vice Mayor Carlson-Buydos added that principles of economic development and redevelopment is not applicable. What is not in the description is anything with water management and operations and expansions. The ground water management plan and the water department need a lot of time and attention at a very professional level. Let's really focus on the areas that need it. The rest of it really is daily maintenance. There is nothing in the description about knowledge of street and pavement maintenance and that is a science in and of itself. She stated she believes the City should look at some of the certifications that might be preferential for that. All that the City has really is license and certificates geared towards water, which is what she believes is needed to stay focused on. She stated she does not agree to keep salary open. Since the City has director level positions analyze this position relative to other director levels, and then adjust a salary range accordingly, noting that salary be set within that range depending on qualifications. It needs City Council Meeting November 18, 2004 Page 13 of 25 to be clear that this person is not doing capital improvement planning and engineering: If not clear, applicants will be looking for a salary higher than what this job will warrant. Council Member Conner expressed concern about the temporary employee filling of the position currently can only work for six months. His time will expire before the suggested rapid salary survey. Council Member Shaw concurred with Vice Mayor Carson-Buydos and Council Member Conner, Mayor Ayres suggested bring back the job description the 2nd meeting in December. Mayor Ayres added that in the meantime, the advertisement should go out. Vice Mayor Carlson-Buydos stated the salary range needs to others. amply with City Manager Cosentini stated he could provide current department head range. He added that it is difficult to recruit without a salary, unless it is going to be left open and negotiable. If not, the City will have the same hesitation and confusion that it had the first time; therefore, a salary needs to be set. Mayor Ayres stated the Council will have this come back the second meeting in December with all the questions answered. He then directed the Council to e-mail any further comments to the City Manager so that this will go out the second time around. Vice Mayor Carlson-Buydos requested the City Manager: • give the council a revised job description • put in a packet the information on what current department head salary ranges are • Before the next meeting, do some work on what work an operations director has to do. City Manager Cosentini added it would be revised without the engineering function. Vice Mayor Carlson-Buydos concurred to have the current director information and revised job description in a package for the presentation for the staff report on December 2nd• She then questioned when the deadline was for the advertisement. City Manager Cosentini responded they would miss Western Cities magazine due to the 22nd deadline. City Council Meeting November 18, 2004 Page 14 of 25 M/S/C (Carlson-Buydos / Conner) motioned to get the advertisement moving forward and get the revised job description and current salary information and direct staff before the next meeting to review comparable salary ranges relative to the job description and responsibilities. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None 4.2 Bus Shelter Advertisement / Ad Hoc Subcommittee recommendation to contract with Hemet/San Jacinto Chamber of Commerce for management / Approve / City Manager City Manager Cosentini reported that in April he had brought over a report that recommended that the City do the bus shelter advertisement in house. At that time, the Council disagreed with that recommendation and appointed Council Member Shaw as a committee of one to come back with alternatives and recommendations. Since that time, City Manager and Council Member Shaw have conferred on the program and the recommendation now is to enter a contractual relationship as a franchise with the Chamber and split the profits absent the maintenance costs. The Staff underestimated the amount of money that will be received in regards to rent for the panel. The initial estimate was somewhere in the $30,000 range. The Chamber believes the panels are worth much more and that the total program would be like $84,000, minus the cost for maintenance of the facilities. This does not cost reflect the financial costs of the Chamber. Council Member Shaw discussed with City Manager Cosentini about bringing this back to Council for reconsideration. There would have to be a recommendation to negotiate the franchise which would also include some legal parameters in regards to advertisements to make sure that good taste is being followed within parameters and the First Amendment. He believes the staff report outlines the concept. Council Member Ken Shaw stated that he and the City Manager have spent a considerable amount of time in regards to this issue. Originally the City went in and put out a proposal with national advertisers with no response. An in house program was brought up with the money coming out of general funds and it was voted down. Then the Mayor gave him the green light to run this and come up with some ideas. Right now, there are eight bus stops covered all on State Street. Seven have the double kiosks on them. One has a covered bench; so it would be approximately 14 kiosks that could be utilized. Council Member Shaw stated he would like to keep local advertisers. RTA has given them some bus stops. City Council Meeting November 18, 2004 Page 15 of 25 Council Member Shaw added that he believed that at one time, the Mayor had a goal to create income to the program. Another goal that the City Manager and Council Member Shaw had in mind and were working towards began about two or three months ago involving purchasing more. He is concerned that there has not been a lot of maintenance on the stops and the only advertisement that they have had is a public service announcement for the Ramona Pageant last year. Council Member Stubblefield stated that he had been advised by an engineer that the structure on the current advertisement would still fit. refinements are more subtle. Council Member Shaw stated that the Council has some options in this program in that they could use part of the RTA. The Chamber could go out and solicit, possibly the tribe, and local merchants, keeping it as a local project. If the Chamber is able to sell the advertisements and split it with the City after management fees and maintenance fees, he believes the City could put in three new covered bus stops. Right now, there are collectively 10 — 12 uncovered. He stated that he believes it is a doable project, a workable project. Council Member Stubblefield questioned using the net revenue, cleaning the bus stops, and emptying the trash cans. He referenced a situation in April where someone hit the bus stop and questioned whose responsibility it is to replace it. He further questioned if the net revenue at the end of the year would be split up after replacing the bus stop. City Manager Cosentini stated that they have not approached that issue and another misunderstanding is the cost of management. Currently in the staff report it states splitting the revenue after the maintenance cost, which is the cleaning. The Chamber's Executive Director Patty Drusky was under the understanding that the cost of managing the system would be pulled off the net profit and split. I didn't understand it that way; but this is Council Member Shaw's proposal so whatever he proposes to be the deal will be presented to council. Council Member Shaw stated that his belief is that it is part of the Chamber and would pay out for maintenance, but would not want to give anything for management, and would not want to be involved in projects. Vice Mayor Carlson-Buydos questioned splitting it 50/50 and if that wouldn't cover it. Council Member Shaw stated that is how he understood it. City Manager Cosentini responded that whatever Council Member Ken Shaw is proposing is being put on today with the Council's direction. It is City Council Meeting November 18, 2004 Page 16 of 25 being suggested that the management fee or cost be split before the net is determined. Vice Mayor Carlson-Buydos questioned as to what type of agreement are they looking at and duration. City Manager Cosentini stated that is something that was not touched on. Vice Mayor Carlson-Buydos questioned as to what they want the Council to do tonight. Council Member Ken Shaw replied that what they are proposing tonight is to have the Council look at the plan; and if they like it, they can go into some kind of a contract with numbers and in terms of whatever the council wants to sign as a proposal. Council Member Conner suggested a two-year contract initially. In regards to management a cap is needed. He suggested 10% of gross with a max cap. Up keeping them is a lot work based on experience from the Rotary Club. They rotate their benches and advertisements and go out and solicit and repair damaged benches. Patty Drusky, CEO of the Hemet/San Jacinto Valley Chamber of Commerce, 615 North San Jacinto Street, Hemet stated that the Mayor expressed to her about getting more bus shelters in the City of San Jacinto. The City Council of San Jacinto has made amazing strides in beautifying the City. The bus shelters have prime advertising place on them and to be empty is not attractive. As CEO of the Chamber she stated that she works with over 800 businesses looking for a creative ways to advertise their businesses; we believe that the Chamber could initiate local advertisers, not national advertisers, and would like to see that happen in this community. Ms Drusky agreed with Council Member Conner that it is a tremendous amount of work and furthered that they would contract out the maintenance. However, in doing that, the organization we would contact would have to purchase equipment to do the maintenance. They would be looking for a term agreement to cover the cost of the equipment or the Chamber would have to purchase it for them. A two-year agreement would be good because it has to be worthwhile for the maintenance people to purchase the equipment to do it. She questioned if he is under the correct understanding that the agreement would be to split the revenues 50% after the all expenses. Mayor Ayres questioned City Attorney Brown if someone drives down the street and takes out one of the bus stops, how does the Council put some language into the proposal that shares that cost, or is it solely the responsibility of the City of San Jacinto? City Council Meeting November 18, 2004 Page 17 of 25 City Attorney Brown responded that normally the situation that is run into is a complete reversal liability where that liability is shifted from the City of San Jacinto to the other party; and that they agree to indemnification and hold us harmless. Typically, that is a bargain struck resulting from private parties receiving enough monetary consideration to make it worth their while to assume the risk. Attorney Brown explained a suit is possible but not likely. Mayor Ayres stated that he still believes it is a money generator for the City of San Jacinto. Mayor Ayres suggested putting language of whatever that is approved tonight, provided the money doesn't go into the General Fund and is forgotten about. The bus will still continue to be out there without shelters. A certain percentage of the profit on the existing bus shelters particularly as the bus shelters grow needs to be invested in more shelters. The City should be making more money across the board if that is done. He expressed his greatest concern is to see benches produced. Council Member Conner questioned what is bad about national advertising; because every product at every store at Wal-Mart or whatever is a national product such as computers or software et cetera, and these companies have a lot of money. Ms Drusky stated the Chamber is not opposed to national advertising, the Chamber would like to see some local advertising in there because a lot of the local businesses are looking for some unique ways of doing advertising, therefore they would like to make it a priority that it be local advertising. Council Member Conner stated the national advertisers also pay for newspaper ads and have their product in there. Ms Drusky stated that it is just a priority to give the local businesses the advertising opportunity as a priority not as an opposition to national advertising. Mayor Ayres stated he doesn't think the package is complete and suggested to bring it back the second meeting in December. He further stated that he would like to discuss the term of the contract more among other things. Vice Mayor Carlson-Buydos responded that she believes this item needs a lot more details, she is concerned about content, protocol, contract terms, and what parameters are to be set. Mayor Ayres stated that back in April the Council had talked about content such as not having multiple cigarette ads in a row, there is some guidance he could get from RTA that talks about that. City Council Meeting November 18, 2004 Page 18 of 25 City Attorney Brown stated that though this is commercial speech, it is protected speech whether it is cigarettes, condoms, or liquor. That is why you see those advertisements increasingly, because it is protected speech. Obviously, things that are grossly offensive the City could probably restrict. Vice Mayor Carlson-Buydos stated that whatever is in the contract has to be legally defensible compliable. Attorney Brown stated that he believes it is a practical matter in relation to good taste and hopefully will be community minded people who advertise using this program. City Manager concurred to reschedule for the 2nd meeting in December. 4.3 Estudillo Mansion Committee Vacancy Appoint a 2004 applicant base.' on the Historical Preservation Committee's recommendation to fill the vacancy on the Estudillo Mansion Committee with the term expiring the same as vacated seat - August 2007 / Historical Preservation Committee Council Member Conner, Historical Preservation Committee, stated that they originally interviewed eight candidates. (Council Member Shaw was sitting in for Dale when they did the interviews). He added that that there were four very qualified candidates. Having conducted the interviews, they recommend Don Blubaugh be appointed. M/S/C (Ayres / Carlson-Buydos) motioned to appoint Don Blubaugh based on the Historical Preservation Committee's recommendation to fill the vacancy on the Estudillo Mansion Committee with the term expiring the same as vacated seat - August 2007. Motioned Carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Mayor Ayres stated that although Mr. Blubaugh is not present this evening, Council will contact him and let him know he was appointed to the Committee. 5. CONSENT CALENDAR 5.1 Warrants at 11/18/04 / Approve / Finance Director 5.2 November 4, 2004 Regular Minutes / Approve / City Clerk 5.3 September 2, 2004 Regular Minutes / Approve / City Clerk City Council Meeting November 18, 2004 Page 19 of 25 5.4 Treasurer's Report at September 30, 2004 / Receive and File( Finance Director 5.5 Final Parcel Map 32060 — Michael English / Approve for recordation 1 Community Development Director 5.6 Final Tract Map 29859 — 82 San Jacinto LLC 1 Approve for recordation and Authorize City Manager to execute Subdivision Agreement / City Engineer 5.7 Final Tract Map 30878-1 and 30878 - Park Meadows 171 LLC / Approve and Authorize the City Manager to execute the Subdivision Agreement 5.8 Resolution No. 2641 / A Resolution initiating annexing certain territory (San Jacinto Ranch Country View Estates LLC — Tract 30335) into Assessment District No. 2003-01 Annexation No. 7 ! Approve and Adopt / City Attorney and Special Tax Consultant 5.9 Resolution No. 2642 (A Resolution for approval of Engineer's Report and setting the Public Hearing for Annexation into Assessment District 2003-01 ( San Jacinto Ranch Country View Estates LLC) Annexation No. 7 / Approve and Adopt / City Attorney and Special Tax Consultant 5.10 Surplus vehicles and equipment ! Approve release and public auction / Public Works Superintendent 5.11 Community Development Block Grant (CDBG) Program — reprogram FY 2004/2005 Program Funds / Approve / $50,000 in CDB funds from S.SJ108 (Museum Relocation) to 3.SJ107 (Police Activities League Project) / Community Development Director 5.12 Ordinance No. 04-08 / An Ordinance adding Chapter 8.56 to the San Jacinto Municipal Code concerning surface mining and reclamation / Approve second reading and Adopt Ordinance 04-08 and by further motion read by title only: An Ordinance of the City of San Jacinto, California, adding Chapter 8.56 to the San Jacinto Municipal Code concerning surface and reclamation / Community Development Director 5.13 Conditional Use Permit 7-03 / Ratify Planning Commission's approval of CUP 7-03 based on the Findings of Fact and Conditions Approval, permitting the construction of a 20 unit apartment complex located City Council Meeting November 18, 2004 Page 20 of 25 on the east side of Santa Fe Avenue, north of Midway Avenue / Community Development Director 5.14 Conditional Use Permit 1-04 / Re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway / Community Development Director 5.15 Conditional Use Permit 8-03 / Ratify Planning Commission's approval of CUP 8-03 based on the Findings of Fact and Conditions Approval, permitting the construction of a vehicle impound yard on a .62 acre parcel, located on east side of Buena Vista and north of Esplanade Avenue, zones M-1 / Community Development Director Mayor Ayres pulled Agenda Item 5.3 (9/2/04) Minutes and continued it to December 2, 2004. Vice Mayor Carlson Buydos pulled Agenda Item 5.14. M/S/C (Ayres / Shaw) motion on balance of Consent Calendar items 5.1, 5.2, 5.4, 5.5, 5.6, and 5.7. 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Mayor Ayres requested a staff report, public comments, council discussion, a motion and vote on each of the pulled items. 5.14 Conditional Use Permit 1-04 / Re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway / Community Development Director Vice Mayor Carlson-Buydos stated that this has been before the Council before and has come back because of notice of hearing issues. She questioned if this item is two towers or three different towers and what other structures are in the area that limit the height of the towers. She further questioned the structure's compatibility and why it isn't commercial; and which type of antenna/tree it is. Community Development Director Tim Hults stated that this is a palm tree that has the antenna within the ball and for a second antenna array, it would be trunk mounted, flushed and clad to look City Council Meeting November 18, 2004 Page 21 of 25 like a palm. The closest structure is the hay shed next door for height issue. Vice Mayor Carlson-Buydos stated she is questioning the compatibility because how far it is set back from the residential development. Director Hults stated that there is a parcel between this individual location and Blodgett Street. The parcel itself is approximately 600 feet. He also added that it will be about 150 feet from Blodgett Street. It is roughly 500 — 600 feet from Ramona Expressway. Vice Mayor Carlson-Buydos stated that she usually has photo simulations from different locations. She is not sure if it will be ratified tonight. She questioned the compatibility of what is there in the area now versus taking the whole area, which is General Plan right now and not even zoned commercial. The whole area creates a nice commercial complex. She questioned if the site was commercial with a legal non -conforming residential use would now it be a similar situation as the Sanderson/Ramona site? Director Hults replied affirmatively. Vice Mayor Carlson-Buydos questioned how they would review this residential or commercial? Director Hults stated it would be reviewed as commercial. Vice Mayor Carlson-Buydos questioned if that also applied to the set back, though the uses there are residential. Director Hults replied affirmatively. Vice Mayor Carlson-Buydos stated that based on these questions, she wants to be sure that it fits, and would like to set it for a hearing. She expressed concern about the area being slated as commercial with the proximity and aesthetic issues. She further stated that the area will probably all go commercial, but wants to make sure if it goes residential, it complies. Attorney Brown noted there may be time restraints based on Planning Commission approving the environmental review process. Mayor Ayres left meeting. Council Member Stubblefield concurred to set the matter to a hearing. City Council Meeting November 18, 2004 Page 22 of 25 Director Hults read engineering conditions. 1. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of operation of the facility, save and except that caused by City's active negligence. 2. The use hereby permitted is for a clustered wireless telecommunication facility with two 45' mono -palms located on APN: 431- 040-053. The effective date of issuance of this permit is the date it is ratified by the City Council. The applicant must activate the permit within one-year after ratification or it shall become null and void. 3. Each mono -palm shall be constructed to permit co -location. One cellular provider in the palm -ball and one cellular provider in the palm trunk. No antenna array shall be permitted in the palm frond structure. 4. All applicable development fees effective at the time of issuance of the building permit shall be paid. 5. All new and existing utilities shall be located underground as per Ordinance #820. 6. Exterior lighting shall be a manually -operated or motion detector controlled light above the equipment shelter door. Light shall be kept off except when personnel are actually present at night. 7. Prior to the issuance of a Certificate of Occupancy, all utility substructures shall be located and/or screened with landscaping material so as to minimize visibility from the public right of way. 8. Prior to the issuance of a preliminary (rough) grading permit, the developer shall submit a soils report to the Planning Department. 9. Grading and public improvements shall be installed in accordance with City standards and specifications. The tops of all graded slopes shall be at the property line. 10. Standard commercial approach and asphalt driveway shall be 21/2 inch thickness over a compacted native base. Plans shall be submitted to the City Engineer for work outside the Caltrans right-of-way. 11. Additional pavement, striping and signing improvements shall be provided to allow for right and left turns. Plans shall be submitted to and permitted by Caltrans. City Council Meeting November 18, 2004 Page 23 of 25 12. Prior to issuance of a building permit, the developer shall submit landscape and automatic watering system plans for the facility. Landscaping improvements shall be installed prior to issuance of a Certificate of Use and Occupancy. 13. Prior to issuance of a building permit, the developer shall submit landscape and automatic watering system plans for the facility. Landscaping improvements shall include the installation of tvvo15-foot and two 20-foot high palm trees and specimen size trees shall be planted on the exterior of the facility to screen the equipment shelters. Improvements shall be installed prior to the issuance of a Certificate of Use and Occupancy. 14. Prior to issuance of Certificate of Occupancy, the developer shall install a 6-foot high split face block wall around the facility. Access to the facility shah be through two 6-foot wide iron rod gates with a mesh backing and a "Knox" rapid entry lock or box. Plans shall be submitted to the Planning Department prior to the issuance of a building permit. 15. Antennas and all support structures shall be painted to match the color of the palm fronds. 16. Simulated palm trunk, the cladding on the steel monopole shall consist of a textured coating and etched in a manner to emulate the appearance of the trunk of a palm tree. 17. Each equipment shelter shall be 11'x20'x10and shall consist of an insulated prefabricated metal structure with an exposed aggregate exterior. 18. This use permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. M/S/C (Stubblefield / Conner) / moved to re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway motion to set a ratification hearing for CUP 1-04 Approval. Motion carried 4/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield Nays: None Absent: Ayres Abstain: None City Council Meeting November 18, 2004 Page 24 of 25 Vice Mayor Carlson-Buydos recessed the regular meeting to consider the Redevelopment Agency Agenda at 9:22 p.m. Vice Mayor Carison-Buydos reconvened the Regular Meeting following the Redevelopment Agency Meeting at 9:24 p.m. 6. MAYOR COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk Council Member Shaw stated the City of San Jacinto presented a proclamation to the Central County United Way on their grand opening. Council Member Stubblefield stated that the Council Members voiced their opinions at the Manager's Forum of VVRCOG requesting that the office space not be increased by 1/3 vote, plus an 8.8c/o. It doesn't look good. Vice Mayor Carlson-Buydos stated she does not have anything to report from Class Action. She stated that based on the presentation by Federal Lobbyist Joni Goodman felt our report is good in regards to the issues before the City Council and encouraged the City Council members to converse with her; would like to have to City Council especially in regards to what happens to Hwy 79 suggestions and miscellaneous projects and opportunities for San Jacinto. She also reiterated on the importance of having the proper forms filled out and into the Senator's office. Vice Mayor Carlson-Buydos recessed the Regular Meeting at 9:27 p.m. and reconvened in Closed Session at 9:35 p.m. 7. CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: Assessor's Parcel Numbers (APNs) Willie DeJong - 431- 110-006, San Jacinto 29 - 431-100-026, Gordon Hurst - 431- 100-009, John Haagsma - 431-110-007, Dale Bartel - 431- 110-009 & 431-110-010, Donald Plueger - 431-150-001 & 431- 150-002 & 431-150-029, Alyce Spar - 431-150-013, John Shogren 431-150-022 Agency negotiator: Peter A. Cosentini, City Manager Negotiating parties: Willie DeJong; San Jacinto 29 officer or appointee; Gordon Hurst; John Haagsma; Dale Bartel; Donald Plueger; Alyce Spar; John Shogren City Council Meeting November 18, 2004 Pace 25 of 25 Under negotiation: Price and Terms No reportable action. 6. ADJOURNMENT Following a motion and a second, vice mayor adjourned the meeting at 10:24 p.m. ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto by Jim Ayres, Mayor Approved as read: Approved as amended: David Taussig & Associates, Inc. Zone 14 City of San Jacinto Annexation No. 7 to Assesssment District No. 2003-1 FY 2004-05 Assessment Roll FY 2004-05 APN Tract Lot Assessment 431-430-001 30335 1 $238.71 431-430-002 30335 2 $238.71 431-430-003 30335 3 $238.71 431-430-004 30335 4 $238.71 431-430-005 30335 5 $238.71 431-430-006 30335 6 $238.71 431-430-007 30335 7 $238.71 431-430-008 30335 8 $238.71 431-430-009 30335 9 $238.71 431-430-010 30335 10 $238.71 431-430-011 30335 11 $238.71 431-430-012 30335 12 $238.71 431-430-013 30335 13 $238.71 431-430-014 30335 14 $238.71 431-430-015 30335 15 $238.71 431-430-016 30335 16 $238.71 431-430-017 30335 17 $238.71 431-430-018 30335 18 $238.71 431-430-019 30335 19 $238.71 431-430-020 30335 20 $238.71 431-430-021 30335 21 $238.71 431-430-022 30335 22 $238.71 431-430-023 30335 23 $238.71 431-430-024 30335 24 $238.71 431-430-025 30335 25 $238.71 431-430-026 30335 26 $238.71 431-430-027 30335 27 $238.71 431-430-028 30335 28 $238.71 431-430-029 30335 29 $238.71 431-430-030 30335 30 $238.71 431-430-031 30335 31 $238.71 431-430-032 30335 32 $238.71 431-440-001 30335 33 $238.71 431-440-002 30335 34 $238.71 431-440-003 30335 35 $238.71 431-440-004 30335 36 $238.71 431-440-005 30335 37 $238.71 431-440-006 30335 38 $238.71 431-441-001 30335 39 $238.71 431-441-002 30335 40 $238.71 431-441-003 30335 41 $238.71 431-441-004 30335 42 $238.71 431-441-005 30335 43 $238.71 431-441-006 30335 44 $238.71 431-441-007 30335 45 $238.71 431-441-008 30335 46 $238.71 431-441-009 30335 47 $238.71 431-441-010 30335 48 $238.71 431-441-011 30335 49 $238.71 431-441-012 30335 50 $238.71 431-441-013 30335 51 $238.71 431-441-014 30335 52 $238.71 431-441-015 30335 53 $238.71 431-431-001 30335 54 $238.71 431-431-002 30335 55 $238.71 Page 1 of 2 11/01/2004 David Taussig & Associates, Inc. City of San Jacinto Annexation No. 7 to Assesssment District No. 2003-1 FY 2004-05 Assessment Roll FY 2004-05 APN Tract Lot Assessment 431-431-003 30335 56 $238.71 431-431-004 30335 57 $238.71 431-431-005 30335 58 $238.71 431-431-006 30335 59 $238.71 431-431-007 30335 60 $238.71 431-431-008 30335 61 $238.71 431-431-009 30335 62 $238.71 431-431-010 30335 63 $238.71 431-431-011 30335 64 $238.71 431-431-012 30335 65 $238.71 431-431-013 30335 66 $238.71 431-432-001 30335 67 $238.71 431-432-002 30335 68 $238.71 431-432-003 30335 69 $238.71 Total Assessment for Zone 14: $16,470.99 Total FY 2004-05 Assessment: $16,470.99 K:\Clients2\San Jacinto\roadmaint\Annex No. 71Assessment_Roll..rpt Page 2 of 2 11/01/2004 EXHIBIT C ENGINEER'S REPORT DETAILED COST ESTIMATE : ZONE 14 David Taussig Associates, Inc. City of San Jacinto 11/1/2004 Detailed Cost Estimate Zone 14 Tract No. 30335 Curb Length Curb - Miles Cost per Curb -Mile Annual Cost (Street Sweeping 7,539 1.427841 180 $257.01 Quantity Units Unit Price Cost Slurry Seal: Mobilization 1 I.s. $2,000.00 $2,000 Place slurry seal 142,720 s.f. $0.10 $14,272 Crack Seal © 20% of slurry seal cost - I.s. - $2,854 Striping 1 I.s. $2,000.00 $2,000 Traffic Control 1 I.s. $2,500.00 $2,500 Total $23,626 Quantity Units Unit Price Cost Grind and Overlay Mobilization 1 I.s. $2,000.00 $2,000 Grind 142,720 s.f. $0.03 $4,282 0.15' asphaltic concrete paving overlay 1,499 tons $35.00 $52,450 Striping 1 I.s. $2,000.00 $2,000 Traffic Control 1 I.s. $2,500.00 $2,500 Total $63,231 Quantity Units Unit Price Cost Remove and Reconstruct Mobilization 1 I.s. $20,000.00 $20,000 Remove concrete curb @ 10% of total quantity 753.9 I.f. $1.00 $754 Remove sidewalk @ 10% of total quantity 4146.45 s.f. $0.15 $622 Grind 0.33' AC paving 142,720 s.f. $0.07 $9,562 construct 6" curb @10% of total quantity 753.9 I.f. $7.60 $5,730 construct 6' wide sidewalk @ 10% of total quantity 4146.45 s.f. $1.75 $7,256 construct 0.25' AC paving 2497.6 tons $35.00 $87,416 Striping 1 I.s. $2,500.00 $2,500 Traffic control 1 I.s. $2,500.00 $2,500 Total $136,340 K:1Clients2\San Jacintolroadmalnt\Annex No. 71[Exhibit C.xls]Sheetl EXHIBIT D ENGINEER'S REPORT COST OF SERVICES SUMMARY David Taussig & Associates, Inc. Zone No. of Lots Curb -Miles 14 69 1.43 Paving Area (SF) 142,720 EXHIBIT D CITY OF SAN JACINTO COST OF SERVICES SUMMARY Component Costs per Occurrence [1 ] Street Sweeping $257 Slurry Seal Grind and Overlay 11/01/2004 Remove & Reconstruct $136,340 $23,626 $63,231 Construction Administration (10%) $1,149 FY 2004-05 District Admin [2] $1,494 [1] Refer to Exhibit C for details of the cost calculations. [2] An additional $21.65 per single family residential lot was added for annual administration of Annexation No. 7 to the Assessment District. K:\Clients2\San JaointokoadmaintAnnex No. 7\Exhib it D.123 EXHIBIT E ENGINEER'S REPORT CASH FLOW MODEL : ZONE 14 David Taussig Associates, Inc. City of San Jacinto 11/1/2004 Street Maintenance Allocation [1] Zone 14 Tract No. 30335 Projected Fund Annual Balance Assessment Street Grind and Remove & Construction District Total Annual (Revenue Year Revenue Sweeping Slurry Seal Overlay Reconstruct Administration Admin Expenditure Minus Cost) 1 $16,471 $257 2 $16,982 $265 3 $17,508 $273 4 $18,051 $282 $25,892 5 $18,610 $290 6 $19,187 $299 7 $19,782 $309 8 $20,395 $318 $29,255 9 $21,028 $328 10 $21,679 $338 11 $22,351 $349 12 $23,044 $360 13 $23,759 $371 14 $24,495 $382 15 $25,255 $394 16 $26,038 $406 $37,348 17 $26,845 $419 18 $27,677 $432 19 $28,535 $445 20 $29,419 $459 $42,199 21 $30,331 $473 22 $31,272 $488 23 $32,241 $503 24 $33,241 $519 25 $34,271 $535 26 $35,333 $551 27 $36,429 $568 28 $37,558 $586 $53,873 29 $38,722 $604 30 $39,923 $623 31 $41,160 $642 32 $42,436 $662 $60,871 33 $43,752 $683 34 $45,108 $704 35 $46,507 $726 36 $47,948 $748 $26 $1,494 $1,777 $14,694 $26 $1,540 $1,832 $29,844 $27 $1,588 $1,888 $45,464 $2,617 $1,637 $30,428 $33,087 $29 $1,688 $2,007 $49,690 $30 $1,740 $2,070 $66,807 $31 $1,794 $2,134 $84,456 $2,957 $1,850 $34,380 $70,471 $33 $1,907 $2,268 $89,230 $34 $1,966 $2,338 $108,571 $35 $2,027 $2,411 $128,512 $88,466 $8,883 $2,090 $99,798 $51,758 $37 $2,155 $2,563 $72,955 $38 $2,222 $2,642 $94,808 $39 $2,290 $2,724 $117,339 $3,775 $2,361 $43,891 $99,485 $42 $2,435 $2,895 $123,434 $43 $2,510 $2,985 $148,125 $45 $2,588 $3,078 $173,583 $4,266 $2,668 $49,592 $153,410 $47 $2,751 $3,272 $180,470 $49 $2,836 $3,373 $208,368 $50 $2,924 $3,478 $237,132 $127,608 $12,813 $3,015 $143,955 $126,418 $53 $3,108 $3,696 $156,993 $55 $3,205 $3,811 $188,515 $57 $3,304 $3,929 $221,015 $5,446 $3,406 $63,312 $195,261 $60 $3,512 $4,177 $229,807 $62 $3,621 $4,306 $265,424 $64 $3,733 $4,440 $302,145 $6,153 $3,849 $71,535 $273,046 $68 $3,968 $4,719 $312,079 $70 $4,091 $4,865 $352,322 $73 $4,218 $5,016 $393,812 $396,896 $39,764 $4,349 $441,757 $3 Totals $1,063,345 $16,592 $249,439 $216,074 $396,896 $87,900 $96,441 $1,063,342 Number of Single Family Residential Lots 69 Year 1 Cost per $238.71 Residential Lot [1 ] Assumes costs and annual assessment revenue escalate at an average rate of 3.10%. K:\CIIentsMan Ac ,tovoaeme,Mnnex No. 7MExheit EJdslShoct1 AGENDA ITEM 5.f0 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Ed Starner, Interim Public Works Superintendent SUBJECT: Surplus Vehicles and Equipment RECOMMENDATION: By motion, Council approves the release, by public auction, surplus vehicles and equipment. BACKGROUND: Through the years, newer vehicles and equipment have replaced outdated used vehicles and equipment of City Departments. The vehicles and equipment are dilapidated and/or unused to provide City services. An accumulation of these vehicles and equipment has created limited storage area at the Public Works Corp. yard. Most of the vehicles and equipment are in poor condition JUSTIFICATION: Repair costs are excessive and exceed vehicle values. Public services cannot or do not utilize surplus vehicles and equipment. BUDGETARY IMPACT: Positive budget impact. Investment monetary values of the vehicles and equipment exceed $12,000 (Kelley Blue Book). Public auction values will vary. The City of San Jacinto can utilize the proceeds from public auction to; off -set the General Budget, purchase pertinent vehicles or equipment for Public Works programs and services, or off -set Public Works corporate facility storage construction improvements. ATTACHMENTS: 1. Photographs, vehicle values, and vehicle VIN # Page 1 of 1 SAN JAC I NTO Memorandum DATE: October 28, 2004 TO: FROM: Peter Cosentini, City Manager Ed Starner, Interim Public Works Superintendent C/c Megan Gomez, Accounting Technician Barry Mulcock, Street Division Supervisor SUBJECT: Vehicle Surplus Values Here is information on City surplus vehicles/equipment located and stored at the Public Works Corp. yard on Industrial Way. The vehicles & equipment are inoperable and/or require substantial and costly repairs. The vehicles & equipment are available for auction under your discretion. I have attached VIN numbers for verification with corresponding photos to validate vehicle condition. I have been communicating with GNC Auctions, and pending your approval; they will remove and auction off all vehicles. Please inform me of your decision and feel free to contact me for any questions. Kelley Blue Book/Estimated Value • Hustler Mower unit (#3452096)------------ -------- ---$300.00 • 1964? Ford p/u (#122F25181BF24) ---$500.00 • 1990 Chevrolet p/u (1 GCDC 14Z7LZ 180691) $1000.00 • 1992 Chevrolet p/u (#1GBGC24K2NE210370)$2000.00 • Emulsion Unit (#501991R197)---------------- $200.00 • Herbicide Applicator (#448923) — $200.00 • Mark Rite Striper (#46923) $400.00 • 1989 Ford p/u (#1FTEF25HBKLA10484) $900.00 • 1995 WW Horse Trailer (#329466)----------------- ---$1700.00 • 1995 Jeep Cherokee (#1JCMR7826HT035236)$100.00 • 1988? Chevrolet p/u (#1GBGC24H2FJ130030) $1500.00 • 1993 Chevrolet p/u(#1GCDC14Z4PZ231903)$2000.00 • 1988 Chevrolet p/u (#1GBHR34N9JJ132464) $1600.00 • 1988 Chevrolet sedan (#1G1BL5473LA139874)--------$400.00 TOTAL $12,800.00 San Jacinto Public Works 10/18/04 Surplus Vehicles 1964? Ford p/u # 122 F251 81B F24 San Jacinto Public Works 10/18/04 1990 Chevrolet # 1001/C 14Z preense 11 '27 1992 Chevrolet p/u # 1 GR C2412NE2103"70 License 350046 San Jacinto Public Works 10/18/04 Surplus Vehicles San Jacinto Public Works 10/18/04 Surplus Vehicles 1989 Ford p/u # 1k"1bF25H$KLA10484 cense 350049 1995 414 rLicen tro MIN I se Traver .W,714 329466 San Jacinto Public Works 10/18/04 Vehicle Surplus 1985 — 1989? Chevrolet p/u Returned from Valley Wide Park District City of San Jacinto Public Works 10/18/04 Surplus Vehicles 1988 Chevrolet p/u TOW 34Ns 11132464 CIS .... San Jacinto Public Works 10/18/04 Surplus Vehicles Police Property / Evidence - Jeep Cherokee AGENDA ITEM 5 i November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Directors dr SUBJECT: Community Development Block Grant (CDBG) Program Reprogram FY 2004/2005 Program Funds RECOMMENDATION: By motion, Staff recommends that the City Council reprogram $50,000 in Community Development Block Grant (CDDG) Funds from 3.SJ108 (Museum Relocation) to 3.SJ107 (Police Activities League Project). BACKGROUND: On November 4, the City Council authorized the use of $50,000 Park Funds in lieu of CDBG funds for the museum relocation. Staff indicated that a subsequent agenda action would be presented to the City Council to reprogram the CDBG funds to a park improvement project. Previously, on August 16, 2004 the Public Safety Committee recommended an additional $50,000 in Park Funds be allocated to the PAL project to complete the interior improvements and install the necessary mechanical equipment in order to complete the construction of the building. JUSTIFICATION: The proposed reprogramming action will implement the previous decisions and recommendations of the City Council and City Council Public Safety Subcommittee. BUDGETARY IMPACT: The reprogramming action will increase the overall PAL project budget to $210,000. Approvals City Manager: 9 Finance Director: AGENDA ITEM 5 • /2- November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director/# SUBJECT: Second reading of Ordinance 04-08 approving the City of San Jacinto Surface Mining and Reclamation Ordinance RECOMMENDATION: By motion approve second reading and adopt Ordinance 04-08, an Ordinance of the City Council of the City of San Jacinto, California, approving the City of San Jacinto Surface Mining and Reclamation Ordinance and by motion authorize to read by title only: An Ordinance Of The City Of San Jacinto, California, Adding Chapter 8.56 to the San Jacinto Municipal Code Concerning Surface Mining and Reclamation. BACKGROUND: On September 2, 2004 the City Council introduced and approved the first reading of the proposed Surface Mining and Reclamation Ordinance. Subsequently, prior to adoption, the proposed Ordinance was transmitted to the State Mining and Geology Board (SMGB) for their review and comment. On October 4, 2004, comments and suggested revisions to the Ordinance were received from the SMGB. The suggested revisions to the Ordinance were made and are as follows: 1. Revised Section 2.0 - (Financial Assurance) by changing the reference to the County to the City 2. Revised Section 7.0(e)(6) — by changing the slope stability factor of safety from 1.2 to a static stability factor of safety not less than 1.5 and a Pseudo -static stability factor of safety between 1.1 to 1.2 3. Revised Section 8.0(b)(3)(iii) — by providing a definition of peak groundwater elevation 4. Revised Section 15 — by correcting a reference to Section 14 from Section 12 5. Replaced inappropriate references to Article with Chapter throughout the document, primarily for clarification and to avoid any confusion Appr ve City Manager: Finance Director: Page 1 of 2 Once the Ordinance is adopted and executed, it must be forwarded to the SMGB for State certification. Presently, the Ordinance is scheduled for SMGB certification in December 2004. JUSTIFICATION: The City does not have an ordinance in place regulating the practice of surface mining. Adoption of the Ordinance will enable the City to regulate the practice of surface mining and attach appropriate provisions related thereto. BUDGETARY IMPACT: None ATTACHMENTS: Surface Mining and Reclamation Ordinance — Ordinance 04-08 Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JACINTO, CALIFORNIA, ADDING CHAPTER 8.56 TO THE SAN JACINTO MUNICIPAL CODE CONCERNING SURFACE MINING AND RECLAMATION WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article IX, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council has determined that the public health, safety and welfare of the residents of the City will be promoted and the environmental settings of the City will be preserved and maintained through the adoption of an ordinance regulating surface mining and reclamation activities. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. Section 2. Chapter 8.56 is hereby added to the San Jacinto Municipal Code to read as follows: "Chapter 8.56 Surface Mining and Reclamation Sections: 1.0 Purpose and Intent 2.0 Definitions 3.0 Incorporation by Reference 4.0 Scope 5.0 Vested Rights 6.0 Process 7.0 Standards for Reclamation 8.0 Permit Operational Standards 9.0 Statement of Responsibility 10.0 Findings for Approval 11.0 Financial Assurances 12.0 Minor Reclamation Plan Modifications 13.0 Interim Management Plans 14.0 Annual Report Requirements 15.0 Inspections 16.0 Violations and Penalties 17.0 Appeals 18.0 Fees 19.0 Public Records 20.0 Mineral Resource Protection 21.0 Severability 22.0 Effective Date §1.0 Purpose and Intent The City of San Jacinto of recognizes that the extraction of minerals is essential to the continued economic well-being of the City of San Jacinto and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The City of San Jacinto also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. The purpose and intent of this Chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA", Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure that: (a) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses. (b) The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment. (c) Residual hazards to the public health and safety are eliminated. §2.0 Definitions The definitions set forth in this section shall govern the construction of this chapter. Abandon or Abandonment means to cease surface mining prior to completion of required reclamation, or to cease surface mining whether or not actual reclamation has commenced, or both. Unless review of an interim management plan is pending before the Staff, or an appeal is pending, a surface mining operation which remains idle for over one (1) year after becoming idle as defined in PRC Section 2727.1, without obtaining approval of an interim management plan shall be considered abandoned. Area of Regional Significance An area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance. Area of Statewide Significance An area designated by the Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the State and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance. Bench means a relatively level step excavated into earth material on which fill may be placed. Berm means an elongated earthen structure which acts as a barrier, to make it difficult for a vehicle to cross, to act as a visual screen or to redirect the flow of water. Borrow Pits Excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere. CEQA means the California Environmental Quality Act, Public Resources Code Section 21000 et. Seq. City The City of San Jacinto. City Council The City of San Jacinto City Council. Code The City of San Jacinto zoning ordinance. Compatible Land Uses Land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space. Director The City of San Jacinto Community Development Director. Excavation means the mechanical removal of earth material. Farming means the management and/or cultivation of land for the production of crops and livestock. Financial assurance means an assurance that a surface mining operation will be reclaimed in accordance with the approved reclamation plan. The financial assurance may take the form of surety bonds, trust funds, irrevocable letters of credit or other financial assurance mechanisms acceptable to both the City and the State Mining and Geology Board (SMGB) as specified in State regulations. Haul Road A road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation. Hiqhwall means the unexcavated face of exposed overburden and ore in a surface mine. Hiqhwind Conditions Wind conditions where sustained wind velocities exceed 35 mph for a minimum period of one hour. Idle Surface mining operations curtailed for a period of one year or more, by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. Incompatible Land Uses Land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial. Lead Agency means the City of San Jacinto which has the primary responsibility for enforcing SMARA. Mined Lands The surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located. Minerals Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum. Mining Waste means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations. Minor Modification means an amendment to a reclamation plan involving insignificant changes and does not require review under CEQA. Planning Commission The Planning Commission of the City of San Jacinto. OMR means the Office of Mine Reclamation in the Department of Conservation, State of California. On -site Construction means the construction of buildings, roads or other improvements including landscaping, excavation and grading required to prepare a site for construction of structures, landscaping or other land improvements, and which is beneficially modified by such construction, is not deemed to be a surface mining operation. Additionally, all required permits for the construction, landscaping, or related land improvements must be obtained from the City in accordance with applicable provisions of State law and locally adopted plans and ordinances. Operator Any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation. Overburden means soil, rock or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations. Person means any individual, firm, association, corporation, organization, or partnership, or any city, county, district or state or any department or agency thereof. PRC means the Public Resources Code. Reclamation The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures. Reclamation Plan A plan meeting the specific requirements for reclamation pursuant to Section 7.0 providing for the reclamation of any lands affected by a mining operation, as approved by the City. SMARA means the Surface Mining and Reclamation Act of 1975 and subsequent amendments, Public Resources Code Section 2710 et. seq. Staff The staff of the Community Development Department. State Board means the State Mining and Geology Board in the Department of Conservation, State of California. Stream Bed Skimming Excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher. Surface Mining Operations All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open -pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). Use Permit A conditional use permit pursuant to Article 17 of the City of San Jacinto's zoning ordinance. Topsoil means the upper part of the soil profile that is relatively rich in humus, which is typically known as the "A -horizon" of the soil profile. §3.0 Incorporation by Reference The provisions of SMARA (PRC §2710 et seq.), PRC Section 2207, and State regulations CCR §3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this Chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail. §4.0 Scope Except as provided in this Chapter, no person shall conduct surface mining operations unless a use permit, Reclamation Plan, and financial assurances for reclamation have first been approved by the City. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the City, including but not limited to, the application of CEQA, the requirement of a use permit or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this Chapter shall apply to all lands within the City, public and private. This Chapter shall not apply to the following activities, subject to the above - referenced exceptions: (a) Excavations or grading conducted for farming or on -site construction or for the purpose of restoring land following a flood or natural disaster. (b) Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions: (1) All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13, §21000 et seq.). (2) The City's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA. (3) The approved construction project is consistent with the general plan or zoning of the site. (4) Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued. (c) Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions: (1) The plant site is located on lands designated for industrial or commercial uses in the City's general plan. (2) The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the City. (3) None of the minerals being processed is being extracted onsite. (4) All reclamation work has been completed pursuant to the approved Reclamation Plan for any mineral extraction activities that occurred onsite after January 1, 1976. (d) Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less. (e) Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose. (f) Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances. (g) The solar evaporation of sea water or bay water for the production of salt and related minerals. (h) Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies. (i) Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with State Mining and Geology Board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post -closure uses in consultation with the Department of Forestry and Fire Protection. This exemption does not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes. (j) Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions: (1) the operations are being conducted in accordance with Division 3 (commencing with Section 3000); (2) the operations are consistent with the [City's/County's] general plan or zoning applicable to the site; (3) the earthmoving activities are within oil or gas field properties under a common owner or operator; and, (4) no excavated materials are sold for commercial purposes. §5.0 Vested Rights No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a use permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, State regulations, and this Chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he shall obtain City approval of a Reclamation Plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post - Act mining, the Reclamation Plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976). All other requirements of State law and this Chapter shall apply to vested mining operations. §6.0 Process (a) Applications for a use permit or Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Community Development Department. Said application shall be filed in accord with this Chapter and procedures to be established by the Director. The forms for Reclamation Plan applications shall require, at a minimum, each of the elements required by SMARA (§§2772-2773) and State regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed Reclamation Plan, to be established at the discretion of the Director. As many copies of the use permit application as may be required by the Director shall be submitted to the Community Development Department. (b) As many copies of a Reclamation Plan application as may be required by the Director shall be submitted in conjunction with all use permit applications for surface mining operations. For surface mining operations that are exempt from a use permit pursuant to this Chapter, the Reclamation Plan application shall include information concerning the mining operation that is required for processing the Reclamation Plan. All documentation for the Reclamation Plan shall be submitted to the City at one time. (c) Applications shall include all required environmental review forms and information prescribed by the Director. (d) Upon completion of the environmental review procedure and filing of all documents required by the Director, consideration of the use permit or Reclamation Plan for the proposed or existing surface mine shall be completed pursuant to Article 17 of the City of San Jacinto Zoning Ordinance at a public hearing before the Planning Commission, and pursuant to Section 2774 of the Public Resources Code. (e) Within thirty (30) days of acceptance of an application for a use permit for surface mining operations and/or a Reclamation Plan as complete, the Community Development Department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Community Development Department shall also notify the State Department of Transportation that the application has been received. (f) The Community Development Department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the City's environmental review guidelines. (g) Subsequent to the appropriate environmental review, the Community Development Department shall prepare a staff report with recommendations for consideration by the Planning Commission. (h) The Planning Commission shall hold at least one noticed public hearing on the use permit and/or Reclamation Plan. (i) Prior to final approval of a Reclamation Plan, financial assurances (as provided in this Chapter), or any amendments to the Reclamation Plan or existing financial assurances, the Planning Commission shall certify to the State Department of Conservation that the Reclamation Plan and/or financial assurance complies with the applicable requirements of State law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The Planning Commission may conceptually approve the Reclamation Plan and financial assurance before submittal to the State Department of Conservation. If a use permit is being processed concurrently with the Reclamation Plan, the Planning Commission may simultaneously also conceptually approve the use permit. However, the Planning Commission may defer action on the use permit until taking final action on the Reclamation Plan and financial assurances. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the Site Approval with the condition that the Community Development Department shall not issue the use permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the Reclamation Plan and financial assurances. Pursuant to PRC §2774(d), the State Department of Conservation shall be given 30 days to review and comment on the Reclamation Plan and 45 days to review and comment on the financial assurance. The Planning Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the State's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant. (j) The Planning Commission shall then take action to approve, conditionally approve, or deny the use permit and/or Reclamation Plan, and to approve the financial assurances pursuant to PRC §2770(d). (k) The Planning Department shall forward a copy of each approved use permit for mining operations and/or approved Reclamation Plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1 of each year, the Planning Department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the use permit or Reclamation Plan amendments, as applicable, or a statement that there have been no changes during the previous year. §7.0 Standards for Reclamation (a) Time Limitation: Reclamation shall in all cases be completed within the time schedule set forth in the conditions of a Use Permit, Reclamation Plan only or amendment thereof. All recontouring, revegetation and or reclaiming efforts shall be phased to commence immediately upon completion of mining operation in any given area. (b) Applicability of Standards. Reclamation of mined lands shall be implemented in conformance with the standards in this Section. The standards set forth in subsections 7.0 (d) through (m) shall apply to each mining operation for which a Reclamation Plan was approved on or after January 15, 1993, to the extent that: (1) They are consistent with required mitigation identified in conformance with California Environmental Quality Act, provided that such mitigation is at least as stringent as the standards specified in this Section; and (2) They are consistent with the planned or actual subsequent use or uses of the mining site; and (3) Where an applicant demonstrates to the satisfaction of the Director that an exception to the standards specified in this section is necessary based upon the approved end use or uses, the Director may approve a different standard for inclusion in the approved Reclamation Plan. Where the Director allows such an exception, the approved Reclamation Plan shall specify verifiable, site -specific standards for reclamation. The Director may set standards which are more stringent than the standards set forth in this section; however, in no case may the Director approve a Reclamation Plan which sets any standard which is less stringent than the comparable standard specified in this section. (4) When substantial amendment is proposed to a Reclamation Plan which was approved prior to January 15, 1993, the standards set forth in this section shall be applied by the Director in approving or denying approval of the amended Reclamation Plan. (c) Mined lands for which a Reclamation Plan was approved between September 1, 1972, and January 15, 1993, shall be reclaimed pursuant to standards of the approved Reclamation Plan, including any amendments thereto authorized by Section 12.0. (d) Performance Standards for Wildlife Habitat: Wildlife and wildlife habitat shall be protected in accordance with the following standards: (1) Rare, threatened or endangered species as listed by the California Department of Fish and Game (California Code of Regulations, Title 14, Sections 670.2-670.5), the U.S. Fish and Wildlife Service (50 CFR 17.11 and 17.12), or species of special concern as listed by the California Department of Fish and Game in the Special Animal List, Natural Diversity Data Base, shall be protected and their respective habitat conserved as prescribed by the Federal Endangered Species Act, 16 USC Section 1531, et seq., and the California Endangered Species alternatives, mitigation shall be proposed by the owner(s) and/or operator(s) in accordance with the provisions of the California Endangered Species Act, Fish and Game Code Section 2050 et seq., and the Federal Endangered Species Act, 16 USC Section 1531, et seq. (2) Wildlife habitat shall be established on disturbed land in a condition at least as good as that which existed before the lands were disturbed by the mining operation, unless the proposed end use or uses precludes its use as wildlife habitat or the approved Reclamation Plan establishes a different habitat type than that which existed prior to mining. (3) Wetland habitat should be avoided. Any wetland habitat impacted as a consequence of mining operations shall be mitigated at a ratio to wetland habitat acreage and wetland habitat value as determined by the Director. (e) Performance Standards for Backfilling, Regrading, Slope Stability and Recontouring: (1) Where backfilling is proposed for urban uses (e.g., roads, building sites or other improvements sensitive to settlement), the fill shall be compacted in accordance with Section 7010, Chapter 70 of the 1991 edition of the Uniform Building Code published by the International Conference of Building Officials, standards set forth in the City's Grading Ordinance (whichever standard is stricter), as appropriate for the approved end use. (2) Where backfilling is required for resource conservation purposes (e.g., agricultural, fish and wildlife habitat, wildland conservation), fill material shall be backfilled to the standards required for the resource conservation use involved. (3) Piles or dumps of mining waste products, by-products or overburden shall be stockpiled in such a manner as to facilitate phased reclamation. Such piles or dumps shall be segregated from topsoil and topsoil substitutes or growth media salvaged for use in reclamation. (4) Final reclaimed fill slopes, including permanent piles or dumps of mining waste products, by-products, rock and over -burden, shall not exceed 2:1 (horizontal: vertical), except when a site -specific geologic and engineering analysis demonstrates that the proposed final slope will have a minimum factor of safety that is suitable for the proposed end use, and when the proposed final slope can be successfully revegetated. (5) At closure, all fill slopes, including permanent piles or dumps of mining waste products, by-products and overburden shall conform with the surrounding topography and/or approved end use or uses. (6) Final cut slopes, including highwalls or quarry faces of a mining operation, shall have a minimum slope stability factor of safety that is suitable for the proposed end use with a static stability factor of safety not less than 1.5 and a Pseudo -static stability factor of safety between 1.1 to 1.2, and shall be no steeper than 1.5:1 (33 degrees) and shall be benched at a 30-foot vertical interval and shall conform with the surrounding topography and/or approved end use or uses. Final cut slopes, including highwalls and quarry faces of a hard rock mining operation, may be steeper than 1.5:1 (33 degrees) and have a greater bench interval than 30 feet if it can be demonstrated that a steeper slope or different bench interval or no benches, is geologically stable, has a minimum slope stability factor of safety that is suitable for the proposed end use with a static stability factor of safety not less than 1.5 and a Pseudo -static stability factor of safety between 1.1 to 1.2, and conforms with the surrounding topography and/or approved end use, or uses, and does not create a threat to public health and safety, adversely affect a natural resource or reduce the feasibility of reclamation of a mining site. (7) Permanent placement of piles or dumps of mining waste and overburden shall not occur within wetlands unless mitigation acceptable to the City and California Department of Fish and Game has been proposed to offset wetland impacts and/or losses. (f) Performance Standards for Revegetation. (1) Revegetation shall be part of the approved Reclamation Plan, unless it is not consistent with the approved end use or uses. A native species vegetative cover suitable for the proposed end use or uses and capable of self -regeneration without continued dependence on irrigation, soil amendments or fertilizers shall be established on disturbed land (including roads, ponds, streambeds, and other areas used in the mining operation) unless introduced species are consistent with the approved Reclamation Plan or unless native species prove infeasible. Vegetative cover or density, and species -richness shall be, where appropriate, sufficient to stabilize the surface against effects of long-term erosion and shall be similar to naturally occurring habitats in the surrounding area. The vegetative density, cover and species richness of naturally occurring habitats shall be documented in baseline studies carried out prior to the initiation of mining activities. However, for areas that will not be reclaimed to prior conditions, the use of data from reference areas in lieu of baseline site data is permissible. (2) Where surface mining activities result in compaction of the soil, ripping, disking or other means shall be used in areas to be revegetated to eliminate compaction and to establish a suitable root zone in preparation for planting. (3) Prior to closure, all access roads, haul roads and other traffic routes to be reclaimed shall be stripped of any remaining roadbase materials, prepared in accordance with Subsection 7.0 (f) (5) covered with suitable growth media or top soil, and revegetated, unless these roads are consistent with an approved end use or uses. (4) Temporary access for exploration or other short-term uses on arid lands shall not disrupt the soil surface except where necessary to gain safe access. Barriers shall be installed when necessary to prevent unauthorized vehicular traffic from interfering with the reclamation of temporary access routes. (5) Native species shall be used for revegetation, except when introduced species are consistent with the approved Reclamation Plan or native species prove infeasible. Areas to be developed for industrial, commercial or residential use shall be revegetated for the interim period, as necessary, to control erosion. In this circumstance, non-native plant species may be used if they are not noxious weeds and if they are species known not to displace native species in the area. (6) Planting shall be conducted during the most favorable period of the year for plant establishment. (7) Soil stabilizing practices shall be used where necessary to control erosion and for successful plant establishment. Irrigation may be used when necessary to establish vegetation. (8) If irrigation is used, the operator must demonstrate that the vegetation has been self-sustaining without irrigation for a minimum of two years prior to release of the financial assurances by the Director, unless an artificially maintained landscape is consistent with the end use. (9) Noxious weeds shall be managed: (i) When they threaten the success of the proposed revegetation; (ii) To prevent spreading to nearby areas; and (iii) To eliminate fire hazard. (10) If recommended by the botanist, horticulturist or plant ecologist, plants and seed shall be propagated from sources on the site. If purchased, seed should be from a local source. A local source is defined as being as close as possible to the same geographic location or watershed, elevation, aspect and soil type as the project. (11) The revegetation plan shall provide for re-establishing or enhancing any rare and endangered or locally unique plant communities disturbed by any mining operation. (12) Success of revegetation shall be judged based upon the effectiveness of the vegetation for the approved end use or uses and by comparing the quantified measures of vegetative cover, density and species -richness of the reclaimed mined lands to similar parameters of naturally occurring vegetation in the area. Either baseline data or data from nearby reference areas may be used as the standard for comparison. Quantitative standards for comparisons shall be made until performance standards are met provided that, during the last two years, there has been no human intervention, including, for example, irrigation, fertilization, or weeding. Standards for success shall be based on expected local recovery rates. Valid sampling techniques for measuring success shall be specified in the approved reclamation plan. Sample sizes must be sufficient to produce at least an 80 percent confidence level. Standard statistical methods in commonly available literature may be utilized for determining an 80 percent confidence level on a site -by -site basis. (13) Protection measures, such as fencing of revegetated areas and/or the placement of cages over individual plants shall be used in areas where grazing, trampling, herbivory or other causes threaten the success of the proposed revegetation. Fencing shall be maintained until revegetation efforts are successfully completed. (g) Performance Standards for the Removal of Buildings, Structures and Equipment: All equipment, supplies and other materials shall be stored in designated areas (as shown in the Use Permit or Reclamation Plan). All mining waste shall be disposed of in accordance with State and Local health and safety ordinances. All buildings, structures and equipment shall be dismantled and removed prior to final mine closure or within six months of termination of the mining operation (whichever is earlier) except those buildings, structures and equipment approved in the reclamation plan as necessary for the end use or uses. (h) Performance Standards for Topsoil Salvage, Maintenance and Redistribution. When the approved Reclamation Plan calls for revegetation or cultivation of disturbed lands, the following performance standards shall apply to topsoil salvage, maintenance and redistribution activities: (1) All salvageable topsoil suitable for revegetation shall be removed as a separate layer from areas to be disturbed by mining operations. Topsoil and vegetation removal shall not precede surface mining activities by more than one year, unless a longer time period is approved by the Director. (2) The location of topsoil stockpiles shall be shown in the Reclamation Plan. If the amount of topsoil needed to cover all surfaces to be revegetated is not available on site, other suitable material capable of sustaining vegetation (such as subsoil) shall be removed as a separate layer for the use as a suitable growth media. Topsoil and suitable growth media shall be maintained in separate stockpiles. (3) Soil salvage operations and phases of reclamation shall be carried out in accordance with a schedule that: (i) is set forth in the approved Reclamation Plan; (ii) minimizes the area disturbed; and (iii) is designed to achieve maximum revegetation success allowable under the mining plan. (4) Topsoil and suitable growth media shall be redistributed in a manner that results in a stable, uniform thickness consistent with the approved end use, site configuration and drainage patterns. (i) Performance Standards for Surface Drainage Control (1) All final surface drainage control measures shall be designed for a 10-year storm, 6-hour duration and shall be incorporated into the Reclamation Plan. Passive drainage control measures such as broad berms and swales are encouraged. (2) Surface mining and reclamation activities shall be conducted to protect on - site and downstream beneficial uses of water in accordance with the Porter -Cologne Water Quality Control Act, Water Code Section 13000, et. seq., and the Federal Clean Water Act, 33 USC Section 1251, et. seq. (3) The quality of water, recharge potential and storage capacity of ground water aquifers which are the source of water for domestic, agricultural or other uses dependent on the water, shall not be diminished, except as allowed in the approved Reclamation Plan. (4) Erosion and sedimentation shall be controlled during all phases of construction, operation, reclamation and closure of a surface mining operation to minimize siltation of lakes and watercourses, as required by the Regional Water Quality Control Board or the State Water Resources Control Board. (5) Surface runoff and drainage from surface mining activities shall be controlled by berms, silt fences, sediment ponds, revegetaton, hay bales or other erosion control measures to ensure that surrounding land and water resources are protected from erosion, gullying, sedimentation and contamination. Erosion control methods shall be designed to handle runoff from not less than the 10 year/6 hour intensity storm event. (6) Where natural drainages are covered, restricted, rerouted or otherwise impacted by surface mining activities, mitigating alternatives shall be proposed and specifically approved in the Reclamation Plan to assure that runoff shall not cause increased erosion or sedimentation. (7) When stream diversions are required, and the stream is within the jurisdiction of the following agencies, they shall be constructed in accordance with: (i) The stream and lake alteration agreement between the operator and the Department of Fish and Game; and (ii) The requirements of the Federal Clean Water Act, Section 301 (33 USC 1311) and Section 404 (33 USC 1344) and/or Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). (8) When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land reclaimed. §8.0 Permit Operational Standards (a) Each property owner of a mining site, the applicant and the operator shall execute, date and return to the Director two copies of a Declaration of Restrictions binding each to comply with each and every term and condition of the Use Permit or Reclamation Plan only. Each such Declaration of Restrictions regarding an approval, shall be executed by each signatory in such manner and formality as shall enable it's recordation with the County Recorder, binding each and any successor(s) to comply with each such approval and every term and conditions thereof. Said Declaration of Restrictions shall be in the form prepared by the Director and shall be filed for recordation within 90 days of the effective date of said approval. No map larger than 8- 1/2 inches by 11 inches shall be recorded as part of said Declaration of Restrictions; rather, any such map may be referred to the Declaration of Restrictions as being on file in the Community Development Department. (b) The standards and/or conditions set forth in this subsection shall be imposed on each Use Permit or Reclamation Plan only or any amendment and to establishment, operation and maintenance of the uses approved or certified thereby. (1) Noise and Vibration. All facilities and equipment shall be constructed, maintained and operated in compliance with the City's noise ordinance. (2) Air Pollution. (i) Each mining operation and reclamation activity shall be conducted in compliance with the requirements of the South Coast Air Quality Management District. (ii) Removal of vegetation shall only be permitted in accordance with the approved Mining Plan. (iii) Each mining operation shall be conducted so as to minimize dust, particulate matter (PM1o), crystalline silica and any other potentially significant effect of wind erosion. (iv) Each interior road within the mining site shall be surfaced, treated or watered frequently enough to preclude wind and traffic generated dust from creating a nuisance affecting any nearby property or public road. (v) Each exterior entrance road shall be maintained reasonably free of dust and debris resulting from any mining operation. Each truck departing the mining site shall be loaded, wetted down or tarped in such a manner so as to comply with all state or federal laws and minimize spillage on any haul route. (vi) In a dry weather period during High Wind Conditions, each mining operation on an exposed slope shall be curtailed. Stockpiled sand products shall be watered or treated in a manner approved by the Director during periods of High Wind Conditions so as to minimize off -site dust nuisance to nearby property. (vii) Each area vegetated with native species or communities, in either existing or reclaimed portions of any mining site shall be protected from dust nuisance by a method approved by the Director. (3) Water (i) The use and discharge of water shall be conducted in compliance with all applicable City, County, State and Federal laws. (ii) Unless specifically described in a drainage and/or erosion control plan approved by the Director, no runoff from the mining site shall be discharged into any natural watercourse. (iii) The lowest elevation of any mining operation at any time shall be 20 feet above the peak groundwater elevation unless the Planning Commission determines that a lower or higher elevation will ultimately benefit the recharge of the aquifer. Peak groundwater elevation is defined as the historic high groundwater elevation for the site or surrounding area over the past 50 years. (iv) The groundwater recharge capacity of each aquifer or spring within the mining site shall be maintained at a pre -approval level. (v) If the Director determines that reasonable cause exists to suspect adverse impacts from a mining operation on groundwater supply, aquifer, sole source aquifer or spring, a complete hydrogeological report shall be prepared. However, if the potential impacts are limited, the Director may limit the report to address only the limited impacts identified. (4) Drainage and Erosion Control (i) Drains, facilities and devices to control storm water runoff shall be constructed and maintained as required in order to prevent erosion and prevent the deposit of sand, silt or other materials into any natural watercourse or onto any property not owned or controlled by any owner or operator of a mining site. Prior to the construction of any settling pond, slurry pond, water reservoir or storm drainage facility, engineered drainage plans (based on a 10-year storm [six hour duration)), which conform with the requirements of each applicable approval shall be submitted to the Director for review and approval. (ii) Each settling basin, drainageway, culvert, pump, pipeline and other drainage and erosion control features shall be maintained as necessary to assure that each is functioning properly as designed. (iii) Runoff originating from the mining site, stockpiles, unpaved on -site roads or other disturbed areas shall be contained on -site except as permitted under the Use Permit or Reclamation Plan only or amendment thereof. Runoff leaving any mining site shall comply with the requirements of the Regional Water Quality Control Board. Monitoring of runoff discharged by an independent laboratory and/or installation of a continuous monitoring device may be required as a condition of such Use Permit or Reclamation Plan only or amendment thereof. The results of such required monitoring shall be submitted to the Director within thirty (30) days after the monitoring results are obtained and shall also be included in the annual report. (iv) All necessary measures shall be taken to prevent access to the mining site by off road vehicles and persons not associated with the mining operation or authorized by any approval. (v) Each Operator shall minimize the surface area of the mining site which is stripped, mined or otherwise disturbed at any given time to the greatest extent compatible with reasonable mining and marketing requirements. (vi) Mining operation and reclamation shall be conducted to protect on -site and downstream beneficial uses of water in accordance with State and Federal law, including (without limitation) Porter -cologne Water Quality Control Act, California Water Code Section 13000 et. seq., and the Federal Clean Water Act, 33 USC Section 1251, et. seq., and their respective successor laws. (vii) The quality of water, recharge potential and storage capacity of groundwater aquifers which are the source of water for domestic, agricultural or other uses dependent on the water, shall not be diminished, except as allowed in the applicable Use Permit or Reclamation Plan only or amendment thereof. (viii) Erosion and sedimentation shall be controlled during construction, operation, reclamation and closure of a mining operation to minimize siltation of lakes and watercourses and to ensure that land and water resources are protected from erosion, gullying, sedimentation and contamination. (ix) Where natural drainages are covered, restricted, rerouted or otherwise impacted by a mining operation mitigation measures and/or alternatives shall be required in the Use Permit or Reclamation Plan only or amendment thereof to assure that runoff shall cause increased erosion or sedimentation or other adverse environment impacts. (x) When stream diversions are required, and the stream is within the regulatory jurisdiction of the following Agencies, they shall be constructed in accordance with: (A) The requirements and State law, including (without limitation) the stream and lake alteration agreement between the operator and the Department of Fish and Game; and (B) The requirements of the federal law, including (without limitation) Federal Clean Water Act, Sections 301 (33 U.S.C. 1311) and Section 404 (33 U.S.C. Section 1344) and/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (C) When no longer needed to achieve the purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land reclaimed. (5) Setbacks (i) Each building, structure, facility and mining operation shall be located no closer to property boundaries than as shown on the applicable approved mining plan. The minimum setback (excepting entrance roads) shall be 50 feet. (ii) Notwithstanding (i) above, no crushing plant or other apparatus for the processing of any material shall be located within 200 feet of the boundary line of any property in a residential zoning district. However, if such a facility is placed below contiguous ground level, it may be located not less than 100 feet from such boundary line. (iii) Prior to excavating, clearing or otherwise disturbing the land within 200 feet of a mining site boundary, a licensed surveyor or civil engineer employed by the operator shall provide survey markers at 200 foot intervals along both the mining site boundary line and the 50 foot setback line. Each marker shall be maintained in place until a clear, readily identifiable, working face is established at an approved setback line. (6) Sensitive Habitat Protection (i) Each sensitive habitat for rare, endangered, threatened, or unique wildlife or plants or communities thereof, located on the mining site shall be mapped and appropriate conditions imposed to assure that mining operation and reclamation reasonably preserve such sensitive habitat(s). (ii) Mining operation and reclamation shall be conducted to protect sensitive habitats in accordance with the California Endangered Species Act, California's Fish and Game Code Section 2050 et. seq., and the Federal Endangered Species Act, 16 U.S.C. Section 1531 et. seq., or the respective successor laws. (7) Days and Hours of Operation. The Planning Commission may limit the hours and days of any mining operation except in the following situations: (i) Where otherwise required by a public authority having superior jurisdiction; (ii) Where otherwise necessary due to a declared public emergency; (8) Off -Street Parking Requirements. Off-street parking shall be provided on the mining site for all equipment and for all employee vehicles. (9) Posting of Signs and Construction of Fence. Within 90 days after a Use Permit or Reclamation Plan has been granted and continuously thereafter, the outer boundaries of the mining site shall be posted with signs providing notice of approved mining operations to the public. Each sign shall state in letters of not less than four inches in height: "Use Permit Number " and in letters of not less than one inch in height: "THIS PROPERTY MAY BE USED FOR THE MINING AND PROCESSING OF ROCK, SAND, GRAVEL OR MINERALS. THE HOURS OF OPERATION AND MAINTENANCE ARE AS FOLLOWS: ". Each sign shall be maintained in legible condition at all times. The entire mining site may be fenced for safety and maintained by the owner or operator, to the extent and in the manner required by the Planning Commission. (10) Construction of Buildings and Processing Plants. In addition to the Use Permit or Reclamation Plan, obtained pursuant to this Chapter, a building permit shall be required for the construction of new buildings stationary processing plants and other mining related permanent structures. (11) Timing of Mining Operation and Reclamation. A time schedule including a final completion date for reclamation shall be specified. (12) Reclamation Access. Access for City or State to the mining site to perform reclamation if the operator does not comply with the requirements of the Reclamation Plan shall be granted by the owner and/or operator in the Use Permit. §9.0 Statement of Responsibility The person submitting the Reclamation Plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the Reclamation Plan. Said statement shall be kept by the Community Development Department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Community Development Department for placement in the permanent record. §10.0 Findings for Approval (a) Use Permits. In addition to any findings required by the Zoning Ordinance, use permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and State regulations. (b) Reclamation Plans. For Reclamation Plans, the following findings shall be required: (1) That the Reclamation Plan complies with SMARA §2772 and §2773, and any other applicable provisions; (2) That the Reclamation Plan complies with applicable requirements of State regulations (CCR §§3500-3505, and §§3700-3713). (3) That the Reclamation Plan and potential use or uses of reclaimed land pursuant to the plan are consistent with this Chapter and the City's General Plan and any applicable resource plan or element. (4) That the Reclamation Plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible. (5) That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off -site development will compensate for related disturbance to resource values. (6) That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan. (7) That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the City's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted. §11.0 Financial Assurances (a) To ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the City shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the City and the State Mining and Geology Board as specified in State regulations, and which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved Reclamation Plan. Financial assurances shall be made payable to the City of San Jacinto and the State Department of Conservation. (b) Financial assurances will be required to ensure compliance with elements of the Reclamation Plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary by the Director. (c) Cost estimates for the financial assurance shall be submitted to the Community Development Department for review and approval prior to the operator securing financial assurances. The Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the City has reason to determine that additional costs may be incurred. The Director shall have the discretion to approve the financial assurance if it meets the requirements of this Chapter, SMARA, and State regulations. (d) The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved Reclamation Plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976 and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered Professional Engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation Plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent (10%) shall be added to the cost of financial assurances. (e) In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the City or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site. (f) The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required). (g) The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year. (h) Revisions to financial assurances shall be submitted to the Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. §12.0 Minor Reclamation Plan Modifications. (A)The Director may review and approve minor plan modifications to approved reclamation plans without public notice or consultation with the Department of Conservation. A minor modification to a reclamation plan may be approved only if it meets the following standards: (1) To allow the minor recontouring of final topography affecting no more than ten percent (10%) of the site, provided that slope stability is maintained and documentation provided; (2) To allow minor modifications to existing on -site roads and encroachments directly from the site to a public road, but not including new off -site roads; (3) To allow a minor substitution in the reclamation plan such as a substitution in the type and/or number of plant species, minor change in topsoil treatment, etc., provided it does not substantially alter the intended end-use(s) described in the approved reclamation plan; (4) To allow minor technological or administrative changes in methods used to achieve reclamation; (5) To allow measures to be taken which will ensure or maintain public safety (e.g. fences, gates, signs, or hazard removal), provided such measures do not substantially alter the intended end-use(s) described in the approved reclamation plan; (6) To allow minor modifications to a previously approved phasing plan; (7) To allow compliance with the requirements of other public agencies, provided the requirements are not inconsistent with the approved Permit; (8) A minor modification shall not include changing the end use(s) of the land. (B) Applications for a minor modification shall be made on a form provided by and filed with the Community Development Department, together with the appropriate filing fee. (C) Prior to approval of a minor modification, the Director shall make the following written findings which shall include the reasons for the findings: (1) The minor modification is consistent with the approved Permit and does not represent a significant change to the approved reclamation plan for the subject surface mining operations. (2) The minor modification is not subject to CEQA. (D)The Director shall approve, conditionally approve, or disapprove an application for a minor modification within forty-five (45) days to accepting the application as complete, and give notice by mail of the decision, including any conditions of approval, to the applicant and any interested parties that have formally requested such notice in writing. (E) The decision of the Director regarding a minor modification of a Permit shall be appealable to the Planning Commission within ten (10) days of said decision. The decision of the Planning Commission regarding the appeal shall be appealable to the City Council within ten (10) calendar days of said decision. Appeals must be in writing together with the appropriate appeal fee. (F) Within thirty (30) days of final action, the Director shall send a copy of an approved minor modification to the Department of Conservation. §13.0 Interim Management Plans (a) Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Community Development Department a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all use permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Community Development Department, and shall be processed as an amendment to the Reclamation Plan. IMPs shall not be considered a project for the purposes of environmental review. (b) Financial assurances for idle operations shall be maintained as though the operation were active or otherwise approved through the idle mine's IMP. (c) Upon receipt of a complete proposed IMP, the Community Development Department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the Director. (d) Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Planning Director and the operator, the Director shall review and approve or deny the IMP in accordance with this Chapter. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the Director, to submit a revised IMP. The Director shall approve or deny the revised IMP within sixty (60) days of receipt. If the Director denies the revised IMP, the operator may appeal that action to the Planning Commission. (e) The IMP may remain in effect for a period not to exceed five years, at which time the Director may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan. §14.0 Annual Report Requirements Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the City Community Development Department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of use permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report. §15.0 Inspections The Director shall arrange for inspection of a surface mining operation within six months of receipt of the Annual Report required in Section 14, to determine whether the surface mining operation is in compliance with the approved use permit and/or Reclamation Plan, approved financial assurances, and State regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state -registered geologist, state -registered civil engineer, state - licensed landscape architect, or state - registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Community Development Department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection. §16.0 Violations and Penalties If the Director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this Chapter, the applicable use permit, any required permit and/or the Reclamation Plan, the City shall follow the procedures set forth in Public Resources Code, §2774.1 and §2774.2 concerning violations and penalties, as well as those provisions of the Code for revocation and/or abandonment of a use permit which are not preempted by SMARA. §17.0 Appeals Any person aggrieved by an act or determination of the Community Development Department and/or the Planning Commission in the exercise of the authority granted herein, shall have the right to appeal to the Planning Commission or the City Council, whichever is the next higher authority. An appeal shall be filed in writing accompanied by the applicable appeal fee within fifteen (15) calendar days of the decision. §18.0 Fees The City shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this Chapter and the State regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the City, at the time of filing of the use permit application, Reclamation Plan application, and at such other times as are determined by the City to be appropriate in order to ensure that all reasonable costs of implementing this Chapter are borne by the mining operator. §19.0 Public Records Reclamation plans, reports, applications, and other documents submitted pursuant to this Chapter are public records, unless it can be demonstrated to the satisfaction of the Director that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The Director shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the Department of Conservation and to persons authorized in writing by the operator and by the owner. §20.0 Mineral Resource Protection Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this Chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the City's General Plan. In accordance with PRC §2762, the City's General Plan and resource maps will be prepared to reflect mineral information (classification and/or designation reports) within 12 months of receipt from the State Mining and Geology Board of such information. Land use decisions within the City will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts. §21.0 Severability If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Chapter. Section 3. This Ordinance shall take effect 30 days after its final passage. Section 4. The City Council hereby finds that the adoption of this Ordinance will not have a significant effect on the environment for the following reasons: A. Pursuant to a determination by the City that the approval of this Ordinance is exempt from further review under the California Environmental Quality Act because, pursuant to Title 14 of the California Code of Regulations Section 15308, the adoption of this Ordinance constitutes an action taken by the City to assures the maintenance, restoration, enhancement and protection of the environment and involves procedures for the protection of the environment. Section 5: The City Clerk shall certify the adoption of this Ordinance and cause the same or a summary thereof to be published in the County of Riverside, State of California. Introduced at a regular meeting of the City Council on the 2nd day of September, 2004 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: City of San Jacinto Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APRPOVED AS TO FORM: John Brown, City Attorney AGENDA ITEM November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director,4(e ?g SUBJECT: Agreement — Tierra West, Appraisal Services RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to execute the attached Agreement. BACKGROUND: The City Municipal Code addresses the park development or in -lieu fee standard for subdivisions. To determine the appropriate dedication requirement, in -lieu fee or park improvement credit, a determination of fair market value of a buildable acre is required. In order to determine fair market value, an appraisal is necessary prior to final map. To ensure a standard appraisal process, contracting with one appraiser is preferred. However, because of the shear volume of final map activity, the potential cost of appraisal services will exceed the City Manager's signature authority. Therefore, this item has been presented for Council approval. The City solicited proposals for contract appraisal services and received only two proposals. The proposals vary in amount, though both provided a base fee and a per lot fee. However, the Tierra West proposal provided a fixed amount per lot. Whereas, the AS Appraisals proposal provided a variable per lot fee. As such, Staff supported the proposal by Tierra West because the cost for each appraisal would be known prior to being initiated and the necessary funds for the service could be collected from the applicable project proponent in advance. Appraiser Base Fee Lot Fee Tierra West $3000 $50 AS Appraisal $3000 Variable/Unknown Approvals City Manager: Finance Director: Page 1 of 2 BUDGETARY IMPACT: None - The cost of the appraisal services will be borne by the applicable project proponents and will be collected prior to initiation of services ATTACHMENTS: Professional Services Agreement Page 2 of 2 CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 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 248 East Main Street, San Jacinto, California 92583 ("City") and Tierra West Appraisal & Land Use Dynamics, Inc., a corporation with its principal place of business at 133 N. Buena Vista Street, Suite 4, Hemet, CA 92543 ("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 Real Estate Appraisal Services relative to assisting the City in establishing applicable park fees for new development to public clients, 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 structural plan design for the Landscape for the Main Street downtown renovation, ("Project") as set forth in this Agreement. 3. TERMS. 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 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 be 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. RVPUBIDRD1560830 3.1.2 Term. The term of this Agreement shall be from to , unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 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. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's 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 by law. 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 the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 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 by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: RVPUB'DRD\560830 2 3.2.5 City's Representative. The City hereby designates the Planning Director, 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 Contract. 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 D. Brian Shumwa or his/her designee, to act as its representative for the performance 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 coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff 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; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals 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 standard 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 the 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 any 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. If the 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 City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or RVPUB\DRD' 560830 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 Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this 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. 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 the Agreement by the Consultant, its agents, representatives, 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 Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $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 aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer'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. RVPUB\DRD1560830 4 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its subcontractors to procure and maintain, for a period of five (5) years following the completion of the entirety of the Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than approved by the City's Risk Manager, and shall be endorsed to include contractual liability. (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the 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 of the Consultant's scheduled underlying coverage. Any insurance or self-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 with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City and 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 of which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance with respect to the City and its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance of self-insurance maintained by the City and it respective 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. (C) Workers' Compensation and Employers 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: (A) 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 (B) 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. 3.2.10.4 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. RVPUB'DRD\560830 3.2.10.5 Deductibles and Self -Insurance 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: (1) 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 (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the City. 3.2.10.7 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 and endorsements must be received and approved by the City before work 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 maintain 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, 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, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The scheduled minimum base fee shall be $3,000 (Three Thousand Dollars) plus $50 (Fifty Dollars) per allowable residential dwelling unit for each appraisal report that is generated. The professional service fee dies not include post consultation for any purpose such as council or court preparation, depositions, appearances, conferences, supplemental exhibits, or any other time/expenses for RVPUB\DRDV60830 which consultant is not reimbursed under specific and separate agreement. Supplemental consulting services will be billed at our standard rate of $100 per hour for the Principal Consultant, $95 per hour for State Certified Associate Appraisers, $75 per hour for State Licensed Associate Appraisers and $35 per hour for In-house research support and clerical services. Expert testimony, council appearances, depositions or court -related services shall be billed at $150 per hour for the Principal Consultant, with a minimum rate of $1,000 for pre - hearing preparation. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City an itemized statement, which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the 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 of this Agreement, City may request that Consultant perform Extra Work. 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 be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate 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. Consultant shall 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 any part of this Agreement at any time and without cause by giving written 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 RVPUB'DRD1560830 7 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 and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days 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. 3.5.20 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 Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 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 this purpose: Consultant: City: Tierra West Appraisal & Land Use Dynamics, Inc. 133 N. Buena Vista Street, Suite 4 Hemet, CA 92543 Attn: Brian Shumway, President City of San Jacinto 201 East Main Street San Jacinto, CA 92583 Attn: Community Development Director 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 RVPUB\DRD'560830 prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted 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 the 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. Nothing 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. 3.5.4 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. 3.5.5 Attorney's Fees. If either party commences an 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 officials, officers, employees, volunteers and agents 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 wrongful death, in any manner arising out of or incident to any negligent or other acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors 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 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 City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or RVPUB\DRD1560830 9 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 or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings 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 San Bernardino 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 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. 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. Any 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 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, 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. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall 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 otherwise. RVPUB\DRD\560830 10 3.5.16 No Third Party Beneficiaries. There are 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 remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide 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 warranty, 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. 3.5.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. RVPUBIDRD1560830 11 CITY OF SAN JACINTO TIERRA WEST APPRAISAL & LAND USE DYNAMICS, INC. By: By: Brian humway City Manager President RVPUBORD\560830 12 AGENDA ITEM 5 • 13 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director4 SUBJECT: Ratification of Conditional Use Permit 7-03 RECOMMENDATION: Ratify the Planning Commission Approval of Conditional Use Permit 7-03 based on the Findings of Fact and Conditions of Approval, to permit the construction of a 20 unit apartment complex to be located on the east side of Santa Fe Avenue, north of Midway Avenue BACKGROUND: On September 9, 2004 the Planning Commission approved a proposal to develop 1.37 acres of vacant, R-3 (multi -family) zoned land into a 20-unit apartment complex. The site is located on the east side of Santa Fe and approximately 300 feet south of Esplanade Avenue. The current and proposed General Plan indicates that the site will remain High Density Residential. The proposal its design and improvement are consistent with the General Plan for the City of San Jacinto because the land use designation for the site is High Density Residential, which allows densities of up to twenty five units per acre. The proposed Conditional Use Permit is designed at a density of 14.60 dwellings per acre. Provisions for design and improvements promote the goals and objectives of the Zoning Ordinance and the General Plan. The purpose of the R-3 zone is to provide locations for multiple family residential projects at densities designated in the General Plan for Medium and High Density Residential. It may also provide protection for existing housing stock and allow housing for all economic sectors of the community. Properties assigned this designation should be near shopping centers, transit systems and have adequate sewer and water infrastructure. Page 1 of 10 Currently the site is vacant and been owned by the local VFW post. A lot line adjustment approved by the City Engineer reconfigured the lot to permit apartment use. The site is located adjacent to the VFW post, an RV storage park to the east and the 56 unit Santa Fe Apartments to the north. The project proposes eight two bedroom apartments and twelve three bedroom apartments. Each floor will contain ten units. The two bedroom units are 919 square feet. The three bedroom units are 1078 square feet. A variation of the three bedroom unit adds a den, which brings the square footage of those four units up to 1335 square feet. All the units will have raised panel steel entry doors, eleven square feet of storage on the patio, two baths and living, dining and kitchen areas. The building consists of a stucco exterior with a 5:12 roof pitch over the main structure and 8:12 roof pitch the accent roof. The 19 enclosed garages will have a roll -up metal sectional doors and automatic door opener. In addition, each dwelling unit required to have 150 square feet of private open space. This space may include enlarged patio areas with privacy walls. The residents will have available to them the use of a yard area which includes a tot lot as well as a grassed play area that also serves as a shallow retention basin during the rainy season. Along Santa Fe Street, there is approximately 20 to 23 feet of landscaped area and a perimeter block wall. Improvements proposed for this project include half street improvements of asphalt paving, curb, gutter and a six foot wide sidewalk along the project boundary on Santa Fe Avenue. A six-foot high perimeter block wall will surround the parcel and provide some noise protection for the adjacent properties. At the hearing before the Planning Commission, the applicant agreed to relocate the trash enclosure to the end of the garages, and the tot -lot more to the center of the complex. The applicant also agreed to install storage cabinets in the garages and wrought iron fencing along Santa Fe Avenue. JUSTIFICATION: Article 4 of the Zoning Ordinance requires a Conditional Use Permit for multiple family projects with 5 or more dwelling units. The applicant proposes 20-units in a two story building which would be subject to the Conditional Use Permit process. Once the CUP is granted, it would remain with the property regardless of ownership. BUDGETARY IMPACT: None anticipated at this time Page 2 of 10 ATTACHMENTS: • Finding of Fact • Conditions of Approval • CEQA Document • Site Plan with Floor Plans and Elevations Page 3 of 10 FINDINGS of FACT 1. The proposed location of the Conditional Use is in accord with the objectives of Article 17 of Ordinance 340 and the purposes of the zone in which the site is located. The site is zoned R-3 Multi -family residential the apartment complex is located is in an area of existing multi -family residential uses and jobs. Therefore, the use is consistent with the goals and objectives of the R-3 zoning district 2. The proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. According to the General Plan, the project is within an area of High Density and Commercial developments and would not create conflicts with developments of lower density. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. Follow on, inspections by the City of San Jacinto will be done as needed to insure public health, safety and welfare. 3. The proposed conditional use will comply with each of the applicable provisions of Article 17 of the Zoning Ordinance. The use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan. By providing additional housing opportunities not previously available. The circulation system in the area has the capacity to absorb the anticipated traffic generated by this development because excess capacity exists in the current system. As such, the use will not lessen the suitability of nearby like zoned property and would not interfere with pedestrian traffic or cause an increase in traffic hazards 4. The subject property is neither in a seismic study area nor an "A" flood zone. 5. The conditional use granted for the applicant shall remain regardless of ownership Page 4 of 10 Conditions of Approval — Conditional Use Permit 7-03 Planning Department 1. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of operation of the business, save and except that caused by City's active negligence. 2. The use hereby permitted is a 20-unit apartment complex with a tot lot and grassed play area. The effective date of issuance of this permit is the date it is ratified by the City Council. The applicant must activate the permit within one-year after ratification or it shall become null and void. 3. Conditional Use Permit 7-03 shall comply with the Multi -Family (R-3) zoning standards. 4. The developer or the developer's successor -in -interest shall be responsible for maintaining the undeveloped portion of the site, including weed abatement. 5. Proposed signs for this development shall require a separate application approval by the Planning Department prior to installation. 6. The parking areas shall be surfaced with Portland -Cement Concrete paving to a minimum 4-inch thickness over native soil compacted to 95% compaction or asphalt concrete with 2% inch thickness over 4 inches of Class II aggregate base compacted to 95% relative compaction or as recommended by the City Engineer. 7. Any proposed roof -mounted equipment shall be completely screened so as not to be visible from any street or private property adjacent to the project. The screening shall be an integral part of the building; details shall be provided to the Planning Department for review and approval. Any proposed change shall be reviewed and approved by the Planning Department. 8. The developer shall execute an agreement with the San Jacinto Unified School District for payment of fees, as required by the district, to help mitigate the effects of this project on the School District. 9. This project shall conform to the park dedication or in -lieu fee measures of the City of San Jacinto Subdivision Ordinance. 10. All common open space and landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. Page 5 of 10 11. All existing and new utilities adjacent to and on site shall be located underground as per Ordinance 820 12. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi -family residential developments shall provide solid overhead structure for mailboxes with adequate lighting. 13. Forty-three (43) residential and five (5) guest parking spaces shall be provided in accordance with City Ordinance Section 15.03 (30e). 14. A minimum of three (3) handicapped parking spaces shall be provided. 15. All garages shall be roll -up metal sectional with windows, automatic door openers and cabinets. (Modified by Planning Commission) 16. All garages shall be used for the parking of tenant vehicles only. Garages shall not be used for the storage of goods. 17. A full-time on -site manager shall be provided. 18. The owner or the owner's successor in interest shall participate in a crime - free multi -family housing program. Part of the program shall include a set of house rules that clearly states the policies and expectations of the apartment owners and gives management the ability to evict a tenant(s) for their failure to comply. 19. In addition to the tot lot, a play area shall be provided for teenaged children. This can include, but is not limited to half basketball courts located on the eastern wall of the driveway. A full and complete plan of the recreational amenities shall be provided to the Community Development Department prior to the occupancy of the first unit. 20. Personal satellite dishes shall be prohibited unless adequately screened from adjacent properties. 21. Enhanced landscaping and building elevations and wrought iron fencing shall be provided along Santa Fe Street. Building enhancements and landscape plans shall be approved by the Planning Department prior to the issuance of a building permit and landscaping shall be installed prior to the occupancy of the first unit. (Modified by Planning Commission) 22. A minimum of 150 square feet of private open space shall be provided for each unit, a low privacy wall and patio shall be provided for each unit on Page 6 of 10 the ground floor. A private patio area with 42" high guardrailing shall be provided on upper floor units. 23. The applicant shall install slate, concrete, tile, clay tile or equal roofing material on all units within the subject property. 24. Textured pedestrian pathways across circulation isles shall be provided throughout the development to connect dwellings with open spaces and recreational uses. 25. The applicant shall install an onsite lighting system on all vehicular accessways and along major walkways. Such lighting shall be directed onto the driveways and walkways of the development and away from adjacent properties. 26. Lighting and landscaping in all open areas shall be planned to prevent areas of darkness, obscurity or other conditions which would jeopardize the safety of the residents. 27. The project shall be fully secured, security gates shall be provided at street access points. Security gate plans shall be submitted to and be approved by the Planning, Police and Fire Departments. 28. The applicant shall provide, for Police and Fire Departments review a plan indicating the location of all building numbers. Individual building and unit numbers shall be in a clear concise manner and shall include proper illumination. 29. Trash receptacles shown on the site plan shall be relocated to the east end of the garages and shall be enclosed by a six (6) foot high solid masonry wall with solid view obstructing gates and a pedestrian entrance pursuant to City standards. (Modified by the Planning Commission) 30. Grading of the subject property shall be in accordance with the Uniform Building Code , City Grading Standards and accepted grading practices. The final grading plan shall be substantial conformance with the approved grading plan. 31. Prior to issuance of Grading Permits the developer shall submit three (3) copies of a comprehensive grading plan. The plan shall comply with the Uniform Building Code, Chapter 70. The plan shall be drawn on 24" X 36" mylar by a registered civil engineer. 32. A grading permit shall be obtained from the City of San Jacinto prior to the commencement of any grading outside of the City -maintained road right- of-way. Page 7 of 10 33. Grading and public improvements shall be installed in accordance with city standards and specifications. The tops of all graded slopes shall be at the property line. 34. During construction and grading, the site shall be watered to control dust. Additionally, regularly sweeping and cleanup of adjacent streets shall be undertaken. All mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site. 35. Construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except on legal holidays when construction and grading shall also be prohibited. All construction equipment is properly mufflered, and/or surrounded by noise attenuating barriers. 36. No development will be permitted until the parcel has been annexed into City of San Jacinto financing districts CFD 2003-1, AD #2003-01. 37. Prior to issuance of Building Permits, the developer shall receive written clearance from the San Jacinto Unified School District. 38. Prior to issuance of Building Permits, the appropriate Flood Control Improvement shall be paid. 39. Prior to issuance of a Building Permit, all applicable development fees effective at the time of issuance shall be paid. 40. City has adopted the TUMF program, this project shall be subject to the payment of these fees prior to the issuance of building permits unless exempted by the ordinance establishing the TUMF program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. 41. The City of San Jacinto has adopted the area -wide Multi -Species Habitat Conservation Plan (MSHCP). This project shall be subject to the payment of these fees prior to the issuance of building permits unless exempted by the ordinance establishing the MSHCP program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. 42. Prior to the issuance of a building permit, the developer shall submit landscape and irrigation plans for the project. All landscaping improvements shall be installed prior to the issuance of a Certificate of Occupancy. Page 8 of 10 43. Prior to issuance of a building permit, plans for entry monumentation and landscape treatment shall be submitted to the Planning Department for review and subsequent approval on Santa Fe Street. 44. Prior to issuance of Certificate of Occupancy, the developer shall construct a six (6) foot high solid decorative block perimeter wall. Said wall plans shall be subject to review and approval of the Planning Department. 45. Prior to issuance of a Certificate of Occupancy, the current Local Transportation, Public Safety Structures, Public Safety Equipment and the Fire Station Mitigation Fee shall be paid. 46. Prior to issuance of Certificate of Occupancy, all utility substructures shall be located and/or screened with landscaping materials so as to minimize visibility from public right-of-way. Conditions of Approval - Conditional Use Permit 7-03 Building and Safety Department 47. All required Fire Department vehicle access roads shall maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 48. If construction is phased, each phase shall be provided with approved access roads (curb, gutter and all-weather surface) and fire protection prior to building construction. 49. All lumber scraps, combustible materials and other debris shall be picked up daily, or more often as required by the Building and Safety Department. 50. If water supply for fire hydrants is lost of if pressure is dramatically reduced, contact the City of San Jacinto, Building and Safety Department 51. Prior to the issuance of building permits, fire hydrants shall be tested, accepted and placed in service prior to any combustible material placed on the site. Hydrants shall be placed on all streets in and around all projects. 52. Prior to the issuance of Building Permits, all locations where structures are to be built shall have approved Fire Department access roads (curb, gutter and all-weather surface), for 60,000 lbs GVW/traffic index of AC thickness of .25, provided prior to construction. Page 9 of 10 53. Prior to Certificates of Occupancy, specific address for each building shall be provided, shall be contrasting color and background, and shall be 4" for residential. All building and apartments shall be identified in a clear and concise manner, including proper illumination. Page 10 of 10 TO: MEMORANDUM August 31, 2004 Tim Hults, Community Development Director FROM: Habib Motlagh\"City Engineer SUBJECT: Conditional Use Permit 7-03 — 20-Unit Apartment Complex E/Santa Fe Avenue (AP# 439-120-031) - Engineering Conditions of Approval With respect to the Conditions of Approval for the above referenced project, the City of San Jacinto requires that the developer provide the following street improvements and/or road dedications in accordance with City of San Jacinto Ordinances. It is understood that the site plan correctly shows all existing easements, traveled ways and drainage courses. These ordinances and the following conditions are essential parts of requirements, occurring in ONE are as binding as though occurring in all. They are intended to be complimentary and to describe the conditions for a complete design of the improvements. All questions regarding the true meaning of the conditions shall be referred to the City Engineer's office. 1. Drainage and flood control facilities and improvements shall be provided in accordance with Riverside County Flood Control and Water Conservation District, and the City of San Jacinto requirement, and the following: a. This project is located within the limits of the San Jacinto Area Drainage Plan for which drainage fees have been adopted by the City. The developer and residents of this subdivision shall support the continuous maintenance of the drainage facilities, landscaping, and street lighting by annexing to the Landscaping Lighting Park District No. 2 prior to City Council ratification of Conditional Use Permit. The District shall be responsible for maintenance of storm drain and street lights along Santa Fe Avenue. The developer shall provide water and sewer services to the project in accordance with the requirements of the appropriate utility purveyor. This project is within the City of San Jacinto's sewer service area, and EMWD's water service area. Water and sewer improvement shall be installed per EMWD Standards. Sewer extension is required from the property to the north in order to connect proposed project to the City's service area. 3. On and offsite fire hydrants shall be installed as determined by the Fire Department. 4. Grading, street, striping, water, sewer, hydrology, drainage improvement plans, and final map shall be submitted to the City as one package and reviewed concurrently. No grading permit shall be issued until City Engineer finds the plans in compliance with Conditions of Approval and City Ordinances. The improvement shall be installed pursuant to Riverside County Transportation, Riverside County Flood Control, and Eastern Municipal Water District Standards. 5. 6' wide concrete sidewalk shall be constructed along Santa Fe Avenue from the southerly boundary to northerly boundary. Construction of sidewalk adjacent to driveway shall be in a manner to accommodate ADA Standards. 6. 2-9,500 marbelite street lights as determined by the City Engineer shall be installed along Santa Fe Avenue per SCE and Riverside County Standards. 7. Existing power poles adjacent to this development shall be underground or relocated as appropriate per City and SCE regulations and requirements. 8. The grading and construction of this project shall be done in a manner to perpetuate existing drainage patterns. Any deviation, increased or concentration of runoff requires drainage easements from effected property owners. 9. Santa Fe Avenue from the south side of the property to northerly property line shall be improved with 20' of new asphalt paving along east side of centerline within 33' ''A width dedicated right-of-way. 10. Existing drainage channel at southerly project boundary shall be conveyed to existing storm drain facilities in Esplanade Avenue via to underground drainage pipes sized adequately to accept the offsite runoff. 11. The following shall be submitted to the City for review and approval prior to issuance of any permit: • Street Improvement Plans • Striping Plans • Water and Sewer Plan • Drainage Plans • Hydrology and hydraulic report — on and offsite • SWPPP • Onsite paving and grading plan (minimum slope 1%) 12. Additional striping and signage or street improvements on Santa Fe Avenue shall be installed to provide for adequate transition and left turn lanes as determined by City Engineer. 13. If trenching within existing pavement is required due to installation of utilities, additional trench repairs at the discretion of the City Engineer will be required. 14. The incremental increase between developed and undeveloped stage (100-year 24-hr. storm) and irrigation runoff shall be retained onsite within landscaped basin and discharged to underground storm drain facilities. 15. Until completion of upstream drainage facilities, Santa Fe Avenue and this property will be flooded during moderate rain fall. The building pads shall be elevated a minimum of 1' above the top of curb on Santa Fe Avenue. Tan T6dale Fite Chief Proudly serving_iltc unineerpar led flra9 Ul Ri eersidc t:ottntp and tic Chian of alumni b 13eatunont Calimhsa Cmtwn Lane Coachella Ikwt l tot Springs rr Indian Was ladio Lake Elsinore rr Lo Qtiinly r. Moreno Valley Pain Dosed Pixris Rancho Mirngc San Jacinw teramila Board of Supci Notion( Bub fluster, 044.riic I Jam Traglion :. D ,.iric:2 ran ''amble, Utsuict 7 Roy Wilma, Disiricl 4 Toni NMurlcn, tlistrio T FIK ?&E FAX NC. 90995544SS RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California D:.pertinent of Forestry and Fire Protection 210 Want San Jacinto Avenue • Perris, Cafifamia 92570 • (909) 940-5900 • Fax (909) 946-69i0 City of San Jacinto / David Clayton 248 East Main Street San Jacinto. Ca. 92583 Date: 07-03-03 Re: CLIP 7-03 In response to the request for comments regarding the above referenced project, items of concern to the Riverside County Fire Department are : 1. Super fire hydrants shall be located shall be located not less than 25 or more than 165 feet from any portion of the building(s) as measured along approved vehicular travel ways. 2. Minimum fire flow: 1500 gpm ®20 psi residual pressure. 3. Minimum gate width shall be 24 feet.. 4. Provide fire apparatus turnaround at rear of project. 5. Provide KNOX rapid entry system at gate. 6. Sign/paint NO PARKING the entire length of driveway. 7, Provide a minimum 2AIOEC portable fire extinguisher at each building. Please direct any questions to the address below. RIVERSIDE COUNTY FIRE, PLANNING AND ENGINEERING 40K0 Lemon Street, 2nd floor Riverside, Ca. 92502 (909) 955-44777 Attention: Captain Scott DeForge RIVERSIDE COUNTY FIRE DEPARTMENT CONDITIONS DATED 7-03-03 CONDITIONAL USE PERMIT 7-03 10 GENERAL CONDITIONS 10.FIRE.999 CASE — CITY CASE STATEMENT With respect to the comments for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 10.FIRE.999 USE - #005 — ROOFING MATERIAL All buildings shall be constructed with class "B" roofing material as per California Building Code. 10.FIRE.999 MAP - #50 — BLUE DOT REFLECTORS Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 10.FIRE.999 USE* - #23 — MIN REQ FIRE FLOW Minimum required fire flow shall be 1500 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-N construction per the 2001 UBC and Buildings(s) having a fire sprinkler system. 10.FIRE.999 USE - #20 — SUPER FIRE HYDRANT Super fire hydrant(s) (6"x 4"x 2'/z"), shall be located not less than 25 feet or more 165 feet from any portion of the building as measured along approved vehicular travel ways. 10.FIRE.999 USE - #31 — ON/OFF NOT LOOPED HYD A combination of on -site and off -site super fire hydrant(s) (6"x 4"x 21A" x 2'/z"), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from and adjacent hydrant(s) in the system. RIVERSIDE COUNTY FIRE DEPARTMENT CONDITIONS DATED 7-03-03 CONDITIONAL USE PERMIT 7-03 10.FIRE.999 USE - #25 — GATE ENTRANCES Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provided access to a gate entrance, a 40 foot turning radius shall be used. 10.FIRE.999 USE* - #88A — AUTO/MAN GATES Gate(s) shall be automatic or manual operated, minimum 24 feet in width, with a setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. (current plan check deposit base fee is $126.00) 60. PRIOR TO GRADING PRMT ISSUANCE 60.FIRE.999 USE - #75 — WATER PLANS The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 80. PRIOR TO BLDG PRMT ISSUANCE 80.FIRE.999 USE - #17A — BLDG PLAN CHECK $ Building Plan check deposit base fee if $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office. RIVERSIDE COUNTY FIRE DEPARTMENT CONDITIONS DATED 7-03-03 CONDITIONAL USE PERMIT 7-03 90.FIRE.999 USE - #66 — DISPLAY BOARDS Display Boards will be as follows: Each complex shall have an illuminated diagrammatic representation of the actual layout which shows name of complex, all streets, building designators, unit numbers, and fire hydrant locations within dimension and located next to roadway access. 90.FIRE.999 USE - #27 — EXTINGUISHERS Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to the center above floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement. CITY OF SAN JACINTO ENVIRONMENTAL ASSESSMENT FORM: INITIAL STUDY Project Case Type (s) and Number(s): Conditional Use Permit 7-03 Lead Agency Name: City of San Jacinto Address: 248 E. Main Street Contact Person: David Clayton Telephone Number: 951-487-7330 Applicant's Name: Nelson Development Address: 41120 Elm Street Murietta, California 92562 I. PROJECT INFORMATION A. Project Description (Describe the whole action involved, including but not limited to project gradin later phases of the project, and any secondary, support, or off -site features necessary for itb implementation): A proposal for a 20-unit two and three bedroom apartment complex. Project features includes 8 two bedroom units (919 habitable square feet each), 8 three bedroom units (1078 habitable square feet each) and 4 three bedroom units with a den, (1335 square feet each), 18 enclosed garages and 10 covered parking stalls are provided. A turfed play area with a tot lot. Twenty three (23) guest/open parking spaces are also provided. The project is located on the east side of Santa Fe Street approximately 1220 feet north of Midway Avenue. B. Type of Project: Site Specific ®; Citywide ❑; Community ❑; Policy ❑. Two or more of the above may apply. A Site Specific Project involves fewer than 1000 property owners in a definable area and results in a change in existing land uses, zoning, open space designations or Community Plan land use designations. If Site Specific Project was checked fill out the remainder of this page. If Site Specific Project was not checked and the project covers a defined area, fill in only Item C "Total Project Area" and G below. C. Total Project Area: 1.37 acres To the extent possible, fill out the remaining information for Item "C" as it applies to the project. Residential: Acres_ ; Lots _ ; Units 20 ; Projected No. of Residents 61 . Commercial: Acres ; Lots ; Sq. Ft. of Bldg. Area ; Est. No. of Employees Industrial: Acres ; Lots ; Sq. Ft. of Bldg. Area ; Est. No. of Employees Other: 1 D. Assessor's Parcel No(s): 439-120-031 E. Street References: On the east side of Santa Fe Street 1220' north of Midway Avenue F. Section, Township & Range Description or reference/attach a Legal Description: Section 2; Township 5 South; Range 1 West G. Brief description of the existing environmental setting of the project site and its surroundings: The site is generally flat. Soil is composed of silt and silty sands. The site has little vegetation except for locally occurring weeds. Other that the VFW post that occupies a portion of the site, the land is currently idle . The site is located on the east side of Santa Fe Street and is adjacent to the 56 unit Santa Fe Apartments. II. APPLICABLE GENERAL PLAN LAND USE POLICIES AND ZONING This page must only be completed for proposals that qualify as Site Specific Projects. The information on this page is not required for projects which are not Site Specific; however, completion of this section is encouraged. A. Open Space and Conservation Map Designation(s): B. Land Use Planning Area (L.U.P.A.) Information 1. L. U. P. A. Name(s): 2. Subarea, if any: 3. Community Policy Area, if any: C. Community Plan Land Use Allocation Map Information 1. Community Plan, if any: 2. Community Plan Land Use Designation, if any: D. Adopted Specific Plan Information 1. Name and Number of Specific Plan, if any: 2. Specific Plan Planning Area, and Policies, if any: E. Existing Zoning: Multiple Family Residential (R-3) F. Proposed Zoning, if any: G. Adjacent and Surrounding Zoning: Multiple Family Residential (R-3), Neighborhood Commercial (C-1). III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below (■ ) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Less than Significant with Mitigation Incorporated" as indicated by the checklist on the following pages. ■ Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Hazardous Materials Public Services Hydrology/Water Quality Recreation Land Use/Planning ■ Transportation/Traffic Mineral Resources Utilities/Service Systems ■ Noise Other Population/Housing Mandatory Findings of Significance IV. DETERMINATION: On the basis of this initial evaluation: A PREVIOUS ENVIRONMENTAL IMPACT REPORT/NEGATIVE DECLARATION WAS NOT PREPARED I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project, described in this document, have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. A PREVIOUS ENVIRONMENTAL IMPACT REPORT/NEGATIVE DECLARATION WAS PREPARED I find that although the proposed project could have a significant effect on the environment NOTHING FURTHER IS REQUIRED because all potentially significant effects (a) have been adequately analyzed in an earlier EIR or Negative Declaration pursuant to applicable legal standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project. 4 I find that although all potentially significant effects have been adequately analyzed in an earlier EIR or Negative Declaration pursuant to applicable legal standards, some changes or additions are necessary but none of the conditions described in California Code of Regulations, Section 15162 exist. An ADDENDUM to a previously -certified EIR or Negative Declaration has been prepared and will be considered by the approving body or bodies. I find that at least one of the conditions described in California Code of Regulations, Section 15162 exist, but I further find that only minor additions or changes are necessary to make the previous EIR adequately apply to the project in the changed situation; therefore a SUPPLEMENT TO THE ENVIRONMENTAL IMPACT REPORT is required that need only contain the information necessary to make the previous EIR adequate for the project as revised. I find that at least one of the following conditions described in California Code of Regulations, Section 15162, exist and a SUBSEQUENT ENVIRONMENTAL IMPACT REPORT is required: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any the following - (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR or negative declaration; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or negative declaration would substantially reduce one or more significant effects of the project on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. Signature Date David Clayton For TIM HULTS, Community Development Director Printed Name EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in its explanation following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e. g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e. g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 5 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as we as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation incorporated, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses" as cited in Section VI may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. California Code of Regulations, Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: (a) Earlier Analysis Used. Identify and state where they are available for review. (b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. (c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address the site -specific conditions for the project. 6) References to information sources for potential impacts (e.g. general plans, zoning ordinances) should be included. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: (a) the significance criteria or threshold, if any, used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significant. 6 V. ENVIRONMENTAL ISSUES ASSESSMENT In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 - 21178.1), this Initial Study has been prepared to analyze the proposed project to determine any potential significant impacts upon the environment that would result from construction and implementation of the project. In accordance with California Code of Regulations, Section 15063, this Initial Study is a preliminary analysis prepared by the Lead Agency, the City of San Jacinto, in consultation with other jurisdictional agencies, to determine whether a Negative Declaration, Mitigated Negative Declaration. or an Environmental Impact Report is required for the proposed project. The purpose of this Initial Study is to inform the decision -makers, affected agencies, and the public of potential environmental impacts associated with the implementation of the proposed project. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact ect 1. Scenic Resources a) Have a substantial effect upon a scenic highway corridor within which it is located? • b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and unique or landmark features; obstruct any prominent scenic vista or view open to the public; or result in the creation of an aesthetically offensive site open to public view? 0 Source: Site Visit Findings of Fact: The site is vacant, properties to the east include an RV storage yard and an esisting apartment complex to the north. Development of the site not degrade scenic vistas. Additionally, the site is flat and has no rock outcroppings Mitigation: None • 2. Other Lighting Issues a) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? • b) Expose residential property to unacceptable light levels? • 7 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Source: Site Visit Findinas of Fact: The project will produce slightly higher levels of light and glare due to night lighting. However the level of light is considered to well within acceptable levels. Mitigation: None Monitoring: TURE RESOURCES Would the project 3. Agriculture a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? • b) Conflict with existing agricultural use, or a Williamson Act ( agricultural preserve) contract (Riv. Co. Agricultural Land Conservation Contract Maps)? • c) Cause development of non-agricultural uses within 300 feet of agriculturally zoned property? • d) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? • Source: SJGP (MEA-IV-15) Findings of Fact: All of the soils in the San Jacinto area are classified as being prime agricultural soils. Despite the suitability of the soils of San Jacinto area for agriculture, the amount of urbanization in the community, the high cost of water and present pressures for additional development severely constrain the viability of agriculture as a dominant use. The transition of agricultural uses to more urbanized uses is expected and is consistent with City objectives for the future. Mitigation: None Monitoring: ITY Would the project 4. Air Quality Impacts • a) Conflict with or obstruct implementation of the applicable air quality plan? 8 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? • c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? • d) Expose sensitive receptors which are located within 1 mile of the project site to project substantial point source emissions? • e) Involve the construction of a sensitive receptor located within one mile of an existing substantial point source emitter? • f) Create objectionable odors affecting a substantial number of people? • Source: SJGP Findings of Fact: Grading Activities will generate short term dust, smoke and odors. As stated these will be primarily short term in nature and will cease when construction is completed. With the completion of construction of the 20 unit apartment will induce additional motor vehicle usage into the area. Individually, this development will not have a significant impact on air quality in the SCAB, but the cumulative effects from the development of the site will contribute to the overall air quality problems in the SCAB. Mitigation: During construction and grading, the site will be watered to control dust. Regular sweeping and clean up of adjacent streets shall be undertaken. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site. The proposed project is minor in nature when considering the increased amounts of emissions. Therefore the developer shall pay the carpool mitigation fee in effect at the time. Monitoring: B&S Id the project 5. Wildlife & Vegetation a) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural • Conservation Community Plan, or other approved local, regional, or state conservation plan? 9 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Have a substantial adverse effect, either directly or through habitat modifications, on any endangered, or threatened species, as listed in Title 14 of the California Code of Regulations (Sections 670.2 or 670.5) or in Title 50, Code of Federal Regulations (Sections 17.11 or 17.12)? • c) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the.California Department of Fish and Game or U. S. Wildlife Service? • d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites? • e) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? • f) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? • g) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? • Source: Site Visit Findings of Fact: Because of the VFW post and the existing apartments on the adjacent parcels, weed abatement and routine discing, the site is continually changing and has no significant vegetation, flora or fauna. As such, there will be no impact on endangered species. Mitigation: None Monitoring: CULTURAL RESOURCES Would the project 10 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 6. Historic Resources a) Alter or destroy an historic site? • b) Cause a substantial adverse change in the significance of a historical resource as defined in California Code of Regulations, Section 15064.5? • Source: Site Visit Findings of Fact: The site is vacant and routinely disced and approval of the project will not offset or destroy historical resources. Mitigation: None • Archaeological Resources a) Alter or destroy an archaeological site. • b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to California Code of Regulations, Section 15064.5? • c) Disturb any human remains, including those interred outside of formal cemeteries? • d) Restrict existing religious or sacred uses within the potential impact area? • Source: Site Visit Findings of Fact: The approval of this project will not destroy archaeological resources. Mitigation: None • 8. Paleontological Resources Directly or indirectly destroy a unique • paleontological resource or site or unique geologic feature? Source: Site Visit Findings of Fact: The approval of this project will not destroy paleontological resources. Mitigation: None Monitoring: GEOLOGY AND SOILS 11 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Definitions for Land Use Suitability Ratings Where indicated below, the appropriate Land Use Suitability Rating(s) has been underlined. NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable U - Generally Unsuitable R — Restricted a. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, volving: 9. Alquist-Priolo Special Studies or County Fault Hazard Zones Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo • Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? A-P Zones NA PS ✓ U R CFH Zones NA PS ✓ U R Source: Special Studies Zone Map review Findings of Fact: The site is not within a known seismic/fault hazard area. The site is vacant with no structures or unique landforms or features. Mitigation: None • 10. Liquefaction Potential Zone Seismic -related ground failure, including liquefaction? • NA S✓ PS U R Source: SJGP (MEA-IV-6) Findings of Fact: Liquefaction is generally not a problem in the San Jacinto area because ground water levels tend to be in excess of 30 feet deep. Mitigation: None Monitorinc: 11. Groundshaking Zone Strong seismic ground shaking? • NA S PS ✓ U R i2 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Source: SJGP (MEA-IV-6) Findings of Fact: Strong ground shaking accompany earthquakes generated by slippage on the San Jacinto or Casa Loma faults is probably the most important geologic hazard in the planning area. Evaluation of the intensity of the ground during large earthquakes during recent earthquakes indicate that the area is subject to particularly strong ground shaking. Mitigation: Building standards, including provisions for stabilization are routinely applied to all structures built in this area. 12. Landslide Risk NA S PS U R Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, collapse, or rockfall hazards? • Source: Site Visit, SJGP (MEA-IV-6) Findings of Fact: Land slides and slope instability are relatively minor hazards in the urbanized portions of the San Jacinto. They represent a severe hazard in the northern portion, where the valley floor intersects with the San Jacinto Mountains. This tentative tract is not located in the area where the valley floor intersects with the mountains. Mitigation: None • ,,y. 13. Ground Subsidence Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in ground subsidence? • Source: SJGP (MEA-IV-6) Findings of Fact: Settlement occurs along fault traces as a result of differential movement probably due to water extraction. This site is not located in a known subsidence area. Mitigation: None • IYIFI IItvI III.• 14. Other Geologic Hazards • Such as seiche, mudflow or volcanic hazard? 13 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Source: Site Visit Findings of Fact: The site is not subject is not within a floodplain and is not near a source of standing water Mitigation: None Monitorin.: 15. Slopes a) Change topography or ground surface relief features? • b) Create cut or fill slopes greater than 2:1 or higher than 10 feet? • c) Result in grading that affects or negates subsurface sewage disposal systems? • Source: Plan Review Findings of Fact: The site is relatively flat. The proposal is not creating slopes higher than 10 feet and no slope will be greater than 50% Mitigation: None 11M/1 II\VI 111y. 16. Soils a) Result in substantial soil erosion or the loss of topsoil? • b) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? • Source: U.S.D.A. Soil Conservation Service Soil Surveys Findings of Fact: The soil type in this area is not subject to expansion Mitigation: None • Y 17. Erosion a) Change deposition, siltation or erosion which • may modify the channel of a river or stream or the bed of a lake? b) Result in any increase in water erosion either on or • off site? 14 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Source: U.S.D.A. Soil Conservation Service Soil Surveys Findings of Fact: Heavy rains, would not cause a significant erosion problem. Mitigation: None • IVIVI Illvl II ly. 18. Wind Erosion and Blowsand from project either on or off site Be impacted by or result in an increase in wind erosion and blowsand, either on or off site? • Source: RCGP Findings of Fact: Wind driven erosion is a factor certain areas of the City. This project is not located in an known for wind erosion and therefore is not considered a significant issue. Mitigation: None Monitoring: TERIALS Would the project 19. Hazards and Hazardous Materials a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? • b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? • c) Impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan? • d) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? • e) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? • 15 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: SJGP Findings of Fact: The approval of this project will not increase the risk of upset, interfere with emergency response or adversely impact human health. Mitigation: None 20. Airports a) Result in an inconsistency with an Airport Master Plan? • b) Require review by the Airport Land Use Commission? • c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? • d) For a project within the vicinity of a private airstrip, or heliport, would the project result in a safety hazard for people residing or working in the project area? • Source: SJGP Findings of Fact: The project is not located within an airport control zone. Mitigation: None 21. Hazardous Fire Area Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? • Source: RCGP Findings of Fact: The Riverside County General Plan indicates that the site is not located in a high fire hazard area. Mitigation: None Monitoring: 16 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact ND WATER QUALITY Would the project 22. Water Quality Impacts a) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? • b) Violate any water quality standards or waste discharge requirements? • c) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? • d) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? • e) Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? • f) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? • g) Otherwise substantially degrade water quality? • Source: SJGP, Flood insurance Map Findings of Fact: The project is not located within the limits of the 100-year flood plain. Mitigation: None Monitoring: City Engineer, Building & Safety 17 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 23. Floodplains NA U R • a) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? b) Changes in absorption rates or the rate and amount of surface runoff? • c) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam (Dam Inundation Area)? • d) Changes in the amount of surface water in any water body? • Source: Project Map Findings of Fact: The project would increase the amount of water runoff because of the increased area of impervious surfaces of asphalt, concrete and roofing materials. The additional can be directed into existing and proposed flood control facilities. Mitigation: The applicant is conditioned to prepare grading plans and install a retention basin. Monitoring: City Engineer LAND USE/PLANNING Would the project 24. Land Use a) Result in a substantial alteration of the present or planned land use of an area? • b) Affect land use within a city sphere of influence and/or within adjacent city or county boundaries? • Source: SJGP Findings of Fact: The General Plan calls for High Density Residential (HDR) uses. The R-3 Multiple Family Residential zoning is consistent with the HDR designation and does not alter the planned land use of the area. Mitigation: None Monitoring: 25. Planning 18 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Be consistent with the site's existing or proposed zoning? • b) Be compatible with existing surrounding zoning? • c) Be compatible with existing and planned surrounding land uses? • d) Be consistent with the land use designations and policies of the Comprehensive General Plan (including those of any applicable Specific Plan)? • e) Disrupt or divide the physical arrangement of an established. community (including a low-income or minority community)? • Source: SJGP, Zoning Ordinance Findings of Fact: At 14 dwellings per acre, the proposed project is conditioned to be consistent with the R-3 Multiple Family Residential zoning designation Mitigation: None Monitoring: Planning Department CES Would the project 26. Mineral Resources a) Result in the loss of availability of a known mineral resource in an area classified or designated by the State that would be of value to the region or the residents of the State? • b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? • c) Be an incompatible land use located adjacent to a State classified or designated area or existing surface mine? • d) Expose people or property to hazards from proposed, existing or abandoned quarries or mines? • 19 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: SJGP Findings of Fact: There are several sources of sand and gravel in the San Jacinto Riverbed area. These are all located in the northern part of the city. This proposal is not located where it would impact surface mining operations. Mitigation: None Monitoring: NOISE Would the project result in Definitions for Noise Acceptability Ratings Where indicated below, the appropriate Noise Acceptability Rating(s) has been underlined. NA - Not Applicable A - Generally Acceptable B - Conditionally Acceptable C - Generally Unacceptable D - Land Use Discouraged 27. Airport Noise a) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport would the project expose people residing or working in the project area to excessive noise levels? NA VABCD • b) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? NA✓ A B C D • Source: SJGP Findings of Fact: The project is not located within the flight pattern of an existing airport or private airstrip Mitigation: None Monitoring: 28. Railroad Noise • NA✓ A B C D 20 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Source: SJGP Findings of Fact: The project is located near the freight line used primarily by Agri -Empire. There is no scheduled rail service and therefore is not subject to excessive railroad noise Mitigation: None • 29. Highway Noise • NA A B C D Source: SJGP (MEA-II-2) Findings of Fact: The primary source of noise is motor vehicles. With land use intensification and more traffic, noise levels will increase. However, estimates of the increase in community noise exposure are not expected to be significant. Mitigation: None • 30. Other Noise • NAABCD Source: Findings of Fact: Mitigation: L L• 31. Noise Effects on or by the Project a) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? • b) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? • c) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? • 21 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact d) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? • Source: Findings of Fact: The intensity of the proposed use is similar to adjacent multi -family residential uses. Additionally, approval of the Conditional Use Permit will increase noise levels. However, the proposed noise of the residential use being similar to the surrounding uses, the impact will be minimal. Mitigation: None Monitoring: LATION AND HOUSING Would the project 32. Housing a) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? • b) Create a demand for additional housing, particularly housing affordable to households earning 80% or less of the County's median income? • c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? • d) Affect a City Redevelopment Project Area? • e) Cumulatively exceed official regional or local population projections? • f) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? • Source: SJGP Findings of Fact: The approval of the project will increase population and housing in the area. However, the proposal is consistent with the General Plan and is not expected to affect population projections. Mitigation: None Monitoring: PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 33. Fire Services • Source: SJGP Findings of Fact: The project is within the 5 minute response time of Station 25. The effects of this proposal will increase the demand for fire services. Fire Station mitigation fees have been established. However, these fees are insufficient to cover the demand for Fire Services and construct, equip and man new fire stations. Mitigation: At present, only the fire station mitigation fee is collected. Being considered is the establishment of a financial district that would provide for essential fire services. A condition has been placed on this project that would require the developer, at the public hearing to consider the formation of the district, not to protest the formation of the district and to annex into the district. Monitoring: 34. Police Services Source: SJGP • Findings of Fact: The tentative tract is within the patrol area of the San Jacinto Police Department. The effects of this proposal will increase the demand for police services. Currently a ratio of one officer per thousand people. This project proposes 52 units and a population of approximately 161 is expected by this development therefore almost .16 of an officer is needed to support this project. A public safety mitigation fee has been established. However, this fee is insufficient to cover the projected demand for additional police services. Mitigation: At present, only limited public safety mitigation fees are being collected. The establishment of a assessment district that would provide for public safety services has been completed. A condition has been placed on this project that would require the developer to annex into the district. Monitoring: 35. Schools Source: SJGP Findings of Fact: The effect of this proposal will to increase the demand for schools. However fees have been established to cover the demand. Mitigation: Pay school fees in accordance with state law Monitoring: SJUSD 36. Libraries Source: SJGP • • Findings of Fact: The effect of this proposal is not expected to increase the demand for libraries. Mitigation: None Monitoring: 23 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 37. Health Services • Source: SJGP Findings of Fact: As with Fire Services, the effects of this proposal will increase the demand for medical aid. Currently, no fees are collected medical aid calls. Mitigation: An assessment district that would provide for essential public safety services which may include ambulance services . A condition has been placed on this project that would require the developer to annex into the district when established Monitoring: RECREATION 38. Parks and Recreation a) Would the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? • b) Would the project include the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? • c) Is the project located within a C.S.A. or recreation and park district with a Community Parks and Recreation Plan (Quimby fees)? • Source: SJGP Findings of Fact: There is a continuing need for parks in the City of San Jacinto. Given the size of this project it is anticipated this apartment complex would create additional demands for additional park area. Mitigation: The apartment complex is conditioned to pay fees to the City for the acquisition and maintenance of additional parkland. Monitoring: Building & Safety 39. Recreational Trails. Source: SJGP Findings of Fact: This apartment complex is not located near City recreational trails. Mitigation: None Monitoring: TRANSPORTATION/TRAFFIC Would the project 24 • Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 40. Circulation a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Result in inadequate parking capacity? c) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated road or highways? • d) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? • e) Alter waterborne, rail or air traffic? f) Substantially increase hazards to a design feature (e.g. , sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? g) Cause an effect upon, or a need for new or altered maintenance of roads? • h) Cause an effect upon circulation during the project's construction? • i) Result in inadequate emergency access or access to nearby uses? j) Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? • ,S Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: SJGP Findings of Fact: The streets in the area include Santa Fe Avenue. According to the San Jacinto General Plan, Santa Fe Avenue is an north/south roadway classified as a Collector (66' ROW). Esplanade Avenue is a east/west roadway is classified as an Major roadway (100' R-O-W). The project will increase the amount of traffic in the immediate area. With any development, there is an increased wear on the adjacent roadways. The City of San Jacinto currently does not have a pavement management program to maintain and improve local roads. Mitigation: This project is conditioned to pay traffic signal mitigation fees prior to final occupancy and to provide improved surfaces on throughout the project site and on Santa Fe Avenue. With the exception of city regional and local transportation mitigation fees, no other fees are being collected to deal with the impacts of development has on city streets and roadways. City Council has adopted the TUMF program which would provide funds for improvement of backbone regional roadways. The project is conditioned to pay the Local transportation and the TUMF fee prior to the issuance of a building permit. Monitoring: Building & Safety 41. Bike Trails Source: Findings of Fact: The project is not in a bike trail system Mitigation: None Monitoring: ILITY AND SERVICE SYSTEMS Would the project • 42. Water a) Require or result in the construction of new water treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? • b) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? • Source: City Engineer Findings of Fact: This project is located within the Eastern Municipal Water District service area. Water service is available to every lot in the subdivision after appropriate plans and fees have been paid. Mitigation: Conditioned to install water facilities as determined by the Water District Monitoring: EMWD 26 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 43. Sewer a) Require or result in the construction of new wastewater treatment facilities, including septic systems, or expansion of existing facilities, the construction of which would cause significant environmental effects? b) Result in a determination by the wastewater treatment provider which serves or may service the project that it has adequate capacity to serve the projects projected demand in addition to the provider's existing commitments? Source: City Engineer Findings of Fact: Sewer service is provided by the EMWD Mitigation: The applicant is conditioned to provide improvements to EMWD standards • Cnniem • • IVIVI II lVI11 I•'1. �"`� 44. Solid Waste a) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? • b) Comply with federal, state, and local statutes and regulations related to solid wastes (including the CIWMP (County Integrated Waste Management Plan)? • Source: City of San Jacinto Findings of Fact: The city provides solid waste disposal on a contractual basis. Contractors may use multiple waste disposal sites throughout Riverside County. Mitigation: None I VILII I I lV 1 II Iy. 45. Utilities Would the project impact the following facilities requiring or resulting in the construction of new facilities or the expansion of existing facilities; the construction of which could cause significant environmental effects? a) Electricity? • b) Natural gas? • ?7 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Communications systems? • d) Storm water drainage? • e) Street lighting? • f) Maintenance of public facilities, including roads? • g) Other governmental services? • h) Conflict with adopted energy conservation plans? • Source: Planning Department Findings of Fact: The appropriate agencies have been contact with regard to this project, those comments have been forwarded to the applicant Mitigation: None Monitoring: OTHER 46. Other: Source: Findings of Fact: Mitigation: Monitoring: 47. Other: Source: Findings of Fact: Mitigation: Monitoring: 48. Other Source: Findings of Fact: Mitigation: Monitoring: MANDATORY FINDINGS OF SIGNIFICANCE • • • Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 49. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare, or endangered plant or animal to eliminate important examples of the major periods of California history or prehistory? • Source: This review Findings of Fact: This review indicates that no substantial impact on the environment or habitat of fish or wildlife would occur 50. Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals? (A short-term impact on the environment • is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) Source: This review Findings of Fact: No short-term or long term impacts on the environment are expected. 51. Does the project have impacts which are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects as defined in California • Code of Regulations, Section 15130)? Source: This review Findings of Fact: No impacts are expected 52. Does the project have environmental effects which will cause substantial adverse effects on • human beings, either directly or indirectly? 29 Less than Potentially Significant Less Than Significant with Significant No Impact Mitigation Impact Impact Incorporated Source: This review Findings of Fact: No direct or indirect impacts on human beings are expected VI. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. California Code of Regulations, Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: Earlier Analyses Used, if any: Location Where Earlier Analyses, if used, are available for review: 30 PARKING REQUIREMENTS: (a) 2 DOROOM UNITS - 1.75 PER UNIT - 14 TOTAL'✓TH .25 PP. UNIT CO1ER& - I OCOVPREO / 4 0PO1 (013 BEDROOM UNITS = 2.00 PER UNIT - 12 TOTAL MTh 1.50 PSI UNIT B.QCATO - 12 ENCLOSED/ 4 OPEN (4) 3 EEGROOM r DEN UN/ES - 2.00 PP. UNIT • 8 TOTAL wlTH I.50 PER UNIT ENCLOSED - G ENCLOSED/ 2 OPEN GUEST PARTING > 11- 30 UNIT! = 0.25 PT. UNIT = 5 oral TOTAL OF 43 SPATS TOTAL ENCLOSED - 1 a (1 AC.C=51df VAN AND 17 STANDARD) TOTAL COVERED = 10 (1 ACZ51ULe CAR. AND 3 STANDARD) TOTAL OPEN = 15 (I ACC5.91SUE VAN AND 9 STANDARD) PARKING PROVIDED: TOTAL EICLCSED - 19 (I ACCIMSSLE VAN AND I8 STANOARO) TOTAL COVERED= II (I ACC5516tf CAR AND 10SANDARD) TOTAL OPEN - 13 (I Ar4•94IBU: VAN, I ACCE55312 CAR AND I I STANDARD) TOTAL Of 43 SPACED BUILDING BREAKDOWN: (ET dB' UNIT - 2 BEDROOM / 2 Mir 525 `A. PT. = 7,4130 5O. PT. (8) V UNIT-3 BSRWM / 2 !ATM I,07550. PT. - e.000 SO. FT. (4) 'P UNIT -3 BEDROOM / DEN /2 MTM 1,34550.1LT. - 5,380 SC. Fr. TOTAL PLCOE. 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P-C' 4 - TTO EEDRNM / 4 - THREE BdRGONV 2-TFIREE rM W DEN SECOND FLOOR PLAN BUILDING BCD-20 EGALE, APE P-0• 4 - NE EEOFroM / 4 -THE 615RnC4F 2-T1REE BEDROOM W DHl Mia Maxwell and associates architecture & planning 6841 4TLANTA AVENUE WITS 366 HUNTINGTON BEACH, CA. 82646 949 832 6018 rel / 948 825-7613 Iel 760 920-0194 col 999/9510.19819-LOm IayLEeecra C13755 cal / MI6 neN Nelson Development 41120 ELI4 STRUT 14FElETTA, GA 'l 62 ROB 696-1296 TEE- • APARTMENT PROJECT s • PROJECT HD 03131 a ATE 6/1/04 DRANX DT YIN R.YISIRDD A JrIB+61DE ELEVATION BUILDING BCD-20 SCALE LAWN ro' RIGHT 610E ELEVATION BUILDIlsn BCC-2tA ECAL6 1/19. 1'-0' FRONT ELEVATION BUII-ONO BOO-20 5r�i E, IA6'. I'4' REAR ELEVATI N BUILDING BCD-20 SONP1 1/16'- I'C' LN$ET NOTES ❑j COP. 5NUN6L• ROOF WTI 512 PITGI (TTP) into. 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P Jtsp ON TIE BALK OR E05 OP 13011.01105 KEN lee, TO INTR.A4 oelSurr FROM FIRE ACCSSS ROADS M/a Maxwell and associates architecture & planning 8941 ATLANTA AVENUE SUITE 360 HUNTINGTON BEACFI, GA. 92646 949 632 6016 arl / 949 625-7613 fax 760 920-0194 cal pary@mamie.com froiarEbis MIN I/ IBM rev Development 41120 HN STREET M6ETTA, CA 42562 9G9 696-1256 TEL ■ PROJECT 110 05151 DATE 6A/04 DRwSN Dr I V." A A e'- ;d/7G.7 °d1N110a 30/S -7/1Id .00 'Od IRr '.U9 dVW Self 0. S 6fr' ZDOZ 9 0 Nu N A7 o sssadynd JN3JESS- 7 &Vd .7 dV SIXi IS -9 i> 7 7 Zl/LS._SA/ 08—R1/6i S/ f 7 i3 dbir vaS v7 : aro. ZL/bg SlY lfd3/./D/o0S5V P&07 0/070, 1.1 UOS ' 'ON LSr'F' A a/Y r 0 M. 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TURN LEFT ONTO T7/a5 CERRITOS AVE. (0J1 MILES) 3. TURN LEFT ONTO HYATT AVE (0.06 MILES) 4. TURN LEFT GNTO DEC1N6141PS AVE (001 MILES) 5. TAa4 RIGHT ONTO LO6 RANCHES/SS RD. (051 MILES) 6. TURN LEFT ONTO ILL FLOPoDA AVE. A- T4/CA-15 (051 MILER) 1. TURN LEFT ONTO &ANDERSON AVE. (531 MILES) S. RAMONA E)0Ur. (IDE MILES) LEGAL DESCRIPTION ASSESSOR'S PARCEL NO., 431-040-053-002 REFERSELIM BFEBT C-I FOR LESA.L DESC.RIPRO 4 SITE NAME: RAMONA EXPRESSWAY SITE NUMBER: CA-201 PROJECT DATA SITE ADDRESS: RAMONA EXPRESSWAY 1253 RAMONA ENVY BAN JACNTO, CA S25624253 US IAULDMG DATA: ARYDIG11Rb TOMS D®YNATI 6 APR. TTPE CF GRIM SITE NAME: RAMONA EXPRESSWAY SITE NUMBER CC T'@DNL 434010483-2 V1Rem v4I TOTAL LEASE AREA, 30E 64 FT. GEODETIC COORDNATES LATTICE 334E3620N LOGTITIDE 16E3E601' W. IND 83 CA-201 8000ETC COODNa1ED ARE SUED LINN TIE PCLTCO9C FRJ.ECTIN CF TOE GV.FCRSA COGRONATE SYSTEM, ZOE 6, 132I NCRIN AMMAN DAlUT AS ESTAOLa8ED Sr 11Srd. UECY! .AID UXE PROJECT SUMMARY 01414Rr GPF9lET GGEE IOTALLATIN CN AN FRLPOS® 46' 17ODPADt 11IN N31 41606141.0gTER N E. TALL PAL7A 'WEAN 10 TALL PAINT 1FE06. AM CABIj APPLICABLE CODE COMPLIANCE ALL SOCK AND MATERIALS MALL RE PRECRIE2 AND INSTALLED N ACCORDANCE 61IN DE ORENT RDRDM6 OF TIE FDLLCOG COVES AS ADCPIED ET TIE LOCAL BMW* AUIIIOWTEL 14760G N 3NE3E FLANS 570 R£ CWSTRED TO HERMIT 11:411C NOT C00011T S TO SEE CCM L CALFORIA AARKSTRATNE CLOE 6. RN ) B1A-29 EF (OWL TITLES 24 I $.) 20O 1 INFORI BAWD CODE 2001 LW/FORM BIED5G DOVES 2001 S NDI@/Y. HFCIRCJL CLOS NM 3 CALFOR4A EFCIRKJL CODES 2001 5 LOCAL SUEDES CODES 4. CALFORAA NEDIA IGJL COVES 2001 ELM / COAT' CRDr(AN75 5. VdFORIA FUSSY COO® WS ALONG UITH ANT 011402 APPLICABLE LOCAL AND STATE LADS AND REGUL ATIOTK. ACCESSABILITY EXCEMPTION FvACLNT' S UN1S1ED AND NOT FGR 1 1144 IIA0CTATICN NNDYJIPFED AC0316 /E,WIREI (T6 NOT ''... REWIRED. N ACCOIDACE 01IN CJLFORS% STATE A011686TRAm.E GIDE. PART 1 TILE 24 6EGTI0N ''... 11036301. EI(CFPTIAI L PROJECT CONTACT SILL PLATINGA JR. AND KAT J. PLATMGA APPLICANT: AN6611BJECal 436 PRt684 IRET, O 1EIPORI SEALE CA W663 TEL. 63030346 FAX 54553L1102 CONTACT: MAIOTREAN C0A1.1143. LLG CCNTACE AI -WADER F. SJSICTK MOM (NUS) 631S1 6 APPLICANTSENTATIVE: MAIN STREAM CONNLLTNG, LLC D00 BISON AVE MITE B5-513 HELIPORT BEACH, CA S2660 J-EASMG MANAGER ;ONING MANAGER: BRIAN D. COON CELL, (615) 602-5444 FAX. (61S) 261-2046 RAN D. COCK A ASSOCIATES 6466 AMBROSIA DR SURE 5313 SAN DEW, CA 5224 CONSTRUCTION MMLAG-ER. CELL. - PROJECT TEAM ARLNRECTURAL.iJYTR'EIGF,.IRVEYI'UCT ADVAICED COY3I CO8LLTANS. LLC MS IL ESTER LN Sit D 6K000L CA 'Ef05 EN ODE 415-4501 CCNMGG LALRIN 1I414TI .R AAORIECT, PROJECT DEVELOPMENT: AN15W TELECOM{ SHEET INDEX OF6LRP60I TIRE NET OTIE NRLET ORE PLAN EIEVATICN6 RAMONA EXPRESSWAY 1283 RAMONA EXPRESSWAY SAN JACINTO, CA. CURRENT ISSUE DATE: 8.26.04 ISSUED FOR: 100% ZONING APPROVALS LEASING: ZONING: NF ENGINEER: CONSTRUCTION: TAG CHECK OWNER DATE DATE:_ DATE DATE_ DATE_ DATE PROJECT NO CA-201 DRAWN BY I CACHU JR CHECKED BY SAL MRTZ JR. ISSUE 1 1.15.04 90S ZONING 2 1.28.04 REASONS 3 1.30.04 REVISIONS 4 2.18.04 100X ZONING 5 8.26.04 REVISIONS SHEET TITLE TITLE SHEET SHEET NUMBER T-1 1st SUBMITTAL: 2nd SUBMITTAL-. FILE NAME: — (P) 11'-6- X 20'-0• EQUIPMENT SHELTER (BEYOND) _... _. (P) 15' HIGH PALM 1REE — (P) AC UNITS (TfP OF 2) (P) 6'-0• HIGH CMU WALL WI 3 STRAND BARBED WIRE OW.) (P) 10' x 10' EQUIPMENT PAD 0'-0• AG.L FINISHED FLOOR TOP OF MONQPALM 0 45.-0. (P) (3) PANEL ANTENNAS ENCLOSED IN PALM BILL (3) xumo (1) PER SECTOR RAD. LE3L a 40-0• (P) (3) PANEL ANTENNAS ENCLOSED IN RADOME (3) SECTORS (1) PER SECTOR RAD. CEN. / (P) 30• 0 RACEME X 6'-0• TALL (P) 45'-0• MONOPAW (P) 10' HIGH PALM TREE (P) 16• WIDE WAVEGUIEE BRIDGE (TFP) (P) CPS UNOS (Tsp OF 2) ..... P) 11'-6• X 20'-0• ENTIPMENT SHELTER (P) matt -row PLUG (P) IIONOPAW FOUNDATION-' (P) TOP OF LIONOPAW a 45'-0• (P) (3) PANEL ANTENNAS ENCLOSED 01 PALM BALL (3) SECIoIS (1) PER SECTOR RAD. CEN. 0 40'-0• (P) (3) PANEL ANTENNAS ENCLOSED IN 1 INTONE (3) SECTORS (1) PER SECTOR Y TAD. CEN. 0 33'-0• (P) 30•0 RADOME X 6'-0• TN.L (P) 45-0• MONOPALL (P) 11'-6• X 20'-0• EQUIPMENT EIMER - (P) CPS UNITS (TOP OF 2) --. (P) 10' HIGH PALL TREE (P) APPLETON PLUG --- (P) UnT1E5 SEFMCE5 PEDESTAL (P) 6'-0• HIGH MU WALL W/ 3 STRAND BARBED WIRE (TIP.)—, ()( )11I' WIDE GAITS '\ ` FENCE W/3 STRANDS \.. ... OF BUSED WIRE. LOCATED ON NOTMTH SIDE OF LEASE AREA {DTP) ACCESS ROAD ill (P) TOP OF MONOPAW a 45'-0• (P) (3) PANEL ANTENNAS INCLOSED IN PAW BALL (3) SECIIXS (1) PER SE.OEOR PAD. CEN. 0 40.- 0' (P) 30•0 RATOME X 6'-1- TALL --(P) 45'-0• MONOPALEA (P) 11'-6" X 20'-0' EQUIPMENT SHELTER (BEYOND) (P) WAVEGUIDE BRIDGE (P) 15' HIGH PALM TREE (P) 10' x 10' EQUIPMENT PAD 0'-0• AG.L A©C RIMMED DESIGN COHSULTIHTS, LLC Parra tfatterig Snags 1755 W Hemmer Ln Ste 12 Stnrktnn, :A- 95209.290D Pn: 209-475 46C1 Fax 269-476-4E31 ANTHEM TELECOM, LLC 436 PROSPECT STREET, NEWPORT BEACH, CA 92663 TEL 650.315.5145 FAX: 949.631.2702 RAMONA EXPRESSWAY 1283 RAMONA EXPRESSWAY SAN JACINTO, CA. CURRENT ISSUE DATE: 8.26.04 ISSUED FOR: 100% ZONING APPROVALS LEASING: ZONING: RF ENGINEER CONSTRUCDON: TAG NECK: OWNER: DATE DATE DATE DATE_ DATE_ DATE_ PROJECT NO CA-201 DRAWN BY I CACHU JR CHECKED BY SAL MRTZ JR. 1 1.15.04 ROE ZONING 2 1.26.04 REVISIONS 3 1.30.04 REVISIONS 4 118.04 100X ZONING 5 6.26.04 REVISIONS SHEET TRLE ELEVATIONS SHEET NUMBER A-2 1st SUBMITTAL . 1 SOUTH EAST ELEVATION SCALE, 1'00' 2 SOUTH WEST ELEVATION I SCALE' 11110' 2nd SUBMFT TAL FILE NAME: - INN HOUSE GRAPHIC SCALE 10 0 5 10 20 40 (IN FETT) 1 inch = 10 ft UVESIOOC PEN UVESIOIX PEN \ \ \ \ \ \ \ a \ \ + \ \ 4 \ \ \ \ \ STM STRANDS WIRE 3 E (1YP) \ \ (F) (12) PANEL Oval=PEN FENcE \ \ ANTENNAS, PER RAD. CENTERS (2), AZIMUTH \RAD. CENTE . T.B.D. \ (P) 10' HIGH PALM TREE (P) DUCK -BILL OPEN GATE HOLDER. (TAP OF 2) (P) (2) 6' HIGH, 6' WIDE GATES W/3 STRANDS OF BARBED WIRE (IMP OF 2) (P) UDLT6 SERVICES PEDESTAL APPLETON PLUG (TTP) (P) GRAVEL 3' THICK MIN. W/GEOTEXIUE FABRIC EXTENDED TO 1' OUTSIDE FENCE UNE (P) 55' X 55' LEASE AREA (3025 S. FT.) (aGRAVEL WMA LE FABRIC EXTENDED TO 1' OUTSIDE �a. L�30'-50' HIGH rs f TREES (TIP.) t) (E) METAL ROOF 0 16' AXL II D C = RUUBHCED DESIGN CDNSULTRHTS, LLC KampE(Rgi6Riq Salas SStockton,CA. Hammer5209-2900 Ph: 209-478.4601 Fax: 209-470-4631 ANTHEM TELECOM, LLC 436 PROSPECT STREET, NEWPORT BEACH, CA 92663 TEL: 650.315.5145 FAX: 949.631.2702 RAMONA EXPRESSWAY 1283 RAMONA EXPRESSWAY SAN JACINTO, CA. CURRENT ISSUE DATE: 8.26.04 ISSUED FOR: 100% ZONING APPROVALS LEASING: DATE_ ZONING: DATE_ RF ENGINEER: DATE CONSTRUCDON: DATE TAG CHECK: DATE_ OWNER: DATE_ PROJECT NO CA-201 DRAWN BY I CACHU JR CHECKED BY SAL MRTZ JR. 1 1.15.134 60K ZONING 2 1.28.04 REVSLONS 3 1.30.04 RENSI0NS 4 2.18.04 1005 ZONING 5 8.26.04 REVISIONS SHEET TITLE SITE LAYOUT SHEET NUMBER A-1 1st SUBMITTAL: . 2nd SUBMITTAL:. SITE PLAN SCALE. 11■10' FILE NAME - I ffl> c=IYW J..11Nl01A 'any eovnv1N53 rn 2- 1777 thartel 1S N1N3.1510 . 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I Li November 18, 2004 TO: The Honorable Mayor and Members of the CityyC\i1puncil FROM: Tim Hults, Community Development Director SUBJECT: Conditional Use Permit 1-04 — Clustered Wireless Telecommunication Facility Location: 1283 Ramona Expressway — North side of Ramona Expressway between Chase Street and Potter Road Applicant: Brian Cook and Associates 2536 Monroe Avenue San Diego, CA 92116 RECOMMENDATION: Re -ratify the Approval of Conditional Use Permit 1-04, based on the Findings of Fact and Conditions of Approval, to allow the installation of a clustered wireless telecommunication facility, consisting of two 45-foot high fully stealthed mono - palms to be located at the northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway. BACKGROUND: As you may recall, this site was the subject of a previous CUP approval. When the project completed the review and hearing process, it was discovered that the mailing to the surrounding property owners was flawed, and not all of the required property owners were notified. The applicant was advised and the distributed final conditions of approval were nullified. The applicant has prepared new sets of labels with an expanded radius map and a revised the site plan. The conditions and site plan before you reflect the changes required by the Planning Commission at the original May 13, 2004 hearing. Page 1 of7 This was the first wireless telecommunication facility to be reviewed in this area of the City. As such the two mono -poles are required to meet the 45-foot height restriction for the C-2 zone. The project is proposing stealth features which includes the cellular antenna arrays to be built into the palm ball and a second array to be installed in the trunk of the tree through an RF transparent sleeve painted and textured to match the tree trunk. Palm fronds are added to complete the appearance of a palm trees. The project site will be surrounded by a 6-foot high split face block wall with a screened wrought iron man gate. Also being proposed by the applicant is the installation of two 10 and two15-foot high live palm trees. Staff is recommending that the two 10-foot live palm trees be replaced with two 20-foot trees and that two specimen sized trees planted on the exterior of the facility to screen the equipment shelters. The two 11-foot wide, 20-foot long and 10-foot high equipment shelter shall consist of a 1-hour fire rated prefabricated metal structure with an exposed aggregate exterior. The remaining two 10x10 foot pads are proposed for future cellular providers or emergency generators. The project is located on a 55'x 55' pad approximately 400 feet from the Ramona Expressway and is adjacent to a combination of 30 to 50 foot high pine and pepper trees and an existing steel storage building. The area is currently used for a mix of residential and commercial uses. The cellular provider requires 24- hour access for maintenance and repairs. As such, the site will be accessed from Ramona Expressway through the existing residential driveway. Since the Ramona Expressway is a Caltrans maintained roadway, improvements made necessary by this project shall include a paved access and improvements to Ramona Expressway which would allow turning into the existing residential driveway. JUSTIFICATION: The site has a General Plan designation of "Community Commercial." The surrounding properties are commercial with nearby developed or developing with residential uses. The proposed unmanned wireless telecommunication facility and will not have an affect on scenic resources because of the distance off the Ramona Expressway, existing structures and uses are largely commercial/industrial in nature. As indicated above, no scenic resources are at issue. However, the applicant is taking steps, as required in the conditions of approval to comply with the Wireless Telecommunication Ordinance by the use of block walls to screen the equipment shelter and to stealth the mono -pole into what is commonly known as a mono -palm. Page 2of7 BUDGETARY IMPACT: None anticipated ATTACHMENTS: ■ Finding of Fact ■ Conditions of Approval ■ Site Plan package ■ Mailing Labels with Radius Map ■ Current Zoning Map Page 3 of 7 FINDINGS: 1. The project is located in Zone "X" which is an area determined to be outside the 100-year flood plain but within a 500 year flood plain. 2. The project will be accessed from Ramona Expressway a Caltrans maintained roadway. 3. The existing General Plan land use designation for the site is Community Commercial, which allows for a variety of commercial activities which can co -exist with surrounding land uses. Page 4 of 7 Conditions of Approval - Conditional Use Permit 1-04 Planning Department 1. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of operation of the facility, save and except that caused by City's active negligence. 2. The use hereby permitted is for a clustered wireless telecommunication facility with two 45' mono -palms located on APN: 431-040-053. The effective date of issuance of this permit is the date it is ratified by the City Council. The applicant must activate the permit within one-year after ratification or it shall become null and void. 3. Each mono -palm shall be constructed to permit co -location. One cellular provider in the palm -ball and one cellular provider in the palm trunk. No antenna array shall be permitted in the palm frond structure. 4. All applicable development fees effective at the time of issuance of the building permit shall be paid. 5. All new and existing utilities shall be located underground as per Ordinance #820. 6. Exterior lighting shall be a manually -operated or motion detector controlled light above the equipment shelter door. Light shall be kept off except when personnel are actually present at night. 7. Prior to the issuance of a Certificate of Occupancy, all utility substructures shall be located and/or screened with landscaping material so as to minimize visibility from the public right of way. 8. Prior to the issuance of a preliminary (rough) grading permit, the developer shall submit a soils report to the Planning Department. 9. Grading and public improvements shall be installed in accordance with City standards and specifications. The tops of all graded slopes shall be at the property line. 10. Standard commercial approach and asphalt driveway shall be 21/2 inch thickness over a compacted native base. Plans shall be submitted to the City Engineer for work outside the Caltrans right-of-way. Page 5 of 7 11. Additional pavement, striping and signing improvements shall be provided to allow for right and left turns. Plans shall be submitted to and permitted by the Caltrans. 12. Prior to issuance of a building permit, the developer shall submit landscape and automatic watering system plans for the facility. Landscaping improvements shall be installed prior to issuance of a Certificate of Use and Occupancy. 13. Prior to issuance of a building permit, the developer shall submit landscape and automatic watering system plans for the facility. Landscaping improvements shall include the installation of two15-foot and two 20-foot high palm trees and specimen size trees shall be planted on the exterior of the facility to screen the equipment shelters. Improvements shall be installed prior to the issuance of a Certificate of Use and Occupancy. 14. Prior to issuance of Certificate of Occupancy, the developer shall install a 6-foot high split face block wall around the facility. Access to the facility shall be through two 6-foot wide iron rod gates with a mesh backing and a "Knox" rapid entry lock or box. Plans shall be submitted to the Planning Department prior to the issuance of a building permit. 15. Antennas and all support structures shall be painted to match the color of the palm fronds. 16. Simulated palm trunk, the cladding on the steel monopole shall consist of a textured coating and etched in a manner to emulate the appearance of the trunk of a palm tree. 17. Each equipment shelter shall be 11'x20'x10' and shall consist of an insulated prefabricated metal structure with an exposed aggregate exterior. 18. This use permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. Page 6 of 7 19. The facility operator or property owner is responsible for maintaining the facility in an appropriate manner consistent with the original approval of the Wireless Telecommunication Facility. Should the use be replaced or discontinued for a period of six months, the approvals will lapse and the facility operator shall remove the poles and equipment and restore the site to the original condition. Page 7 of 7 431-040-027 Cry Ramona Estates Lp 35 Coronado Ave Long Beach, CA 90803 431-040-032 Calvin L & Deborah Smith PO Box 640 San Jacinto, CA 92581 431-342-018 Tr Knapp 1468 Stratus St San Jacinto, CA 92582 431-040-022 Tr Curtis 8 Tanglewood Trabuco Canyon, CA 92679 431-040-023 Invermex Inc 15572 Gale Ave Hacienda Heights, CA 91745 431-040-030 Calvin L & Deborah Smith 1387 W Ramona Expy• San Jacinto, CA 92582 431-342-019 Thomas T & Maria Hunt 1455 Sunswept Dr San Jacinto, CA 92582 *** 10 Printed *** 431-040-021 Thomas E Mcknight PO Box 393 San Jacinto, CA 92581 431-040-052 Calvin L & Deborah Smith 895 Chase St San Jacinto, CA 92582 431-342-020 Dwayne K Dougan 1461 Sunswept Dr San Jacinto, CA 92582 AGENDA ITEM 5.15 November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director/t SUBJECT: Ratification of Conditional Use Permit 8-03 RECOMMENDATION: Ratify the Planning Commission Approval of Conditional Use Permit 8-03 based on the Findings of Fact and Conditions of Approval, to permit the construction of a vehicle impound yard on a .62 acre parcel. The project is located in Light Manufacturing (M-1) zone on the east side of Buena Vista, north of Esplanade Avenue. BACKGROUND: On September 23, 2004 the Planning Commission approved a Conditional Use Permit application to formalize a .62 acre vehicle impound yard. The project is located on the east side of Buena Vista north of Esplanade Avenue. The storage use has already been established and the Conditional Use Permit formally sets the parameters for its operation. The project is located between Tanty Tractor Repair on the south and the San Jacinto Business Association business park on the north. Skyline Manufacturing shares property lines to the east. The zoning ordinance does not make a distinction of public verses non-public facilities when calculating parking. Therefore, the project is conditioned to provide, in addition to an all-weather surface, parking consistent with the project size. For a site of this size (23,716 square feet parcel minus 943 square feet for the building) and calculated at one space for each 3000 square feet of yard area, eight (8) parking spaces will be required. A 10-foot landscaped area is being required adjacent to Buena Vista Avenue in front of a six foot high solid wall with wrought iron gates. The existing 6-foot high chain link fence, with inserts is proposed for the three remaining sides of the project. Access to the yard will be through a single point on the south property line. The gates are conditioned to be constructed of wrought iron fencing material with a screened mesh back and equipped with a Fire Department rapid entry system. Among the standard conditions of the County Fire Department, a condition has been placed on this project, to complete vehicle storage plan. The plan will assure adequate access for fire equipment and will be required prior to occupancy. The primary street that would serve this site is Buena Vista Avenue. Street improvements have been installed north of the site with curb and gutter and sidewalk. Full half street improvements will be required, along the bounds this project. If the City Engineer determines the necessity, a street light may also be required. Full underground utilities have also been installed within the street right-of-way to support the business park to the north. Overhead power and telephone line are available at the southern property line. It is required that when utilities are installed, they shall be located underground. The Project was reviewed by the San Jacinto Police Department and those comments are attached to the project and your staff report. Since this is a impound yard, the Planning Commission added a condition to prohibiting the wrecking or dismantling of vehicles. (Planning Condition 1) JUSTIFICATION: For a use of this type, a Conditional Use Permit was required because of an earlier Planning Commission determination that vehicle impound yards have the same general character as other conditionally permitted uses within the M-1 zone. BUDGETARY IMPACT: None anticipated at this time ATTACHMENTS: • Finding of Fact • Conditions of Approval • Site Plan with Existing Building Elevations FINDINGS of FACT 1. The proposed location of the Conditional Use is in accord with the objectives of Article 13.04 (Conditional Uses within the M-1 zone). The site is zoned M-1 Light Manufacturing. Therefore, the use would be consistent with the goals and objectives of the M-1 zoning district with the approval of the Conditional Use Permit. 2. The proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. According to the General Plan, the project is within an area of Light Industrial and would not create conflicts with the residential uses. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. Follow on, inspections by the City of San Jacinto will be done as needed to insure public health, safety and welfare. 3. The proposed conditional use will comply with each of the applicable provisions of Article 17 of the Zoning Ordinance. The use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan. The circulation system in the area has the capacity to absorb the anticipated traffic generated by this use, because excess capacity exists in the current system. As such, the use will not lessen the suitability of nearby like zoned property and would not interfere with pedestrian traffic or cause an increase in traffic hazards 4. The subject property is neither in a seismic study area nor an "A" flood zone. 5. The conditional use granted for the applicant shall remain regardless of ownership Conditions of Approval — Conditional Use Permit 8-03 Planning Department 1. This project shall comply with the development standards for the Light Manufacturing (M-1) zoning district. The use is a vehicle impound yard no vehicle scrapping, wrecking or dismantling shall be permitted. (Modified by Planning Commission) 2. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of operation of the business, save and except that caused by City's active negligence. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 4. All new and existing utilities shall be located underground as per Ordinance #820. 5. The buildings shall be enhanced architecturally to be comparable with the property to the north or removed. Examples may include, but are not limited to, a concrete or stucco exterior, the use of architectural steel trim, the addition of windows and commercial doors. Plans for enhancements shall be submitted to the Planning Department prior to the issuance of building permits. 6. Trash receptacles are not identified on the site plan. If installed, they shall be enclosed by a six (6) foot high solid masonry wall with solid view obstructing gates and a pedestrian entrance pursuant to City standards. 7. In accordance with Section 13.08, the outside storage area shall be screened by a 6-foot high solid masonry wall along Buena Vista Street. Wrought Iron fencing with screen mesh backing shall be provided for the main entrance of the site. 8. Any signs proposed for this development shall be designed in conformance with the sign ordinance and shall require a separate application approval by the Planning Department prior to installation. 9. A minimum of eight (8) parking spaces shall be provided for the 22,773 square feet of yard area (1/3000 square feet of yard area). This is in accordance with City Ordinance Section 15.03 (1). No tow trucks shall be parked in the required parking spaces 10. A minimum of one (1) handicapped parking space shall be provided. 11. The parking areas shall be surfaced with Portland -Cement Concrete paving to a minimum 4-inch thickness over native soil compacted to 95% compaction or asphalt concrete with 21/2 inch thickness over 4 inches of Class II aggregate base compacted to 95% relative compaction. The parking lot and striping plan shall be submitted to and permitted by the City Engineer. 12. The yard area shall be improved with either concrete or asphalt surfaces. No storage on an unimproved surface. 13. A 10-foot wide landscaped setback shall be provided adjacent to Buena Vista Avenue. A detailed landscape and irrigation plan shall be submitted and approved by the Planning Department. Irrigation and landscape improvements shall be installed prior to occupancy 14. Grading and public improvements shall be installed in accordance with city standards and specifications. The tops of all graded slopes shall be at the property line. 15. Grading of the subject property shall be in accordance with the Uniform Building Code , City Grading Standards and accepted grading practices. The final grading plan shall be substantial conformance with the approved grading plan. 16. Prior to issuance of Grading Permits the developer shall submit three (3) copies of a comprehensive grading plan. The plan shall comply with the Uniform Building Code, Chapter 70. The plan shall be drawn on 24" X 36" mylar by a registered civil engineer. 17. A grading permit shall be obtained from the City of San Jacinto prior to the commencement of any grading outside of the City -maintained road right-of- way. 18. During construction and grading, the site shall be watered to control dust. Additionally, regularly sweeping and cleanup of adjacent streets shall be undertaken. All mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site. 19. Prior to issuance of a Building Permit, all applicable development fees effective at the time of issuance shall be paid. 20. All existing and new utilities adjacent to and on site shall be located underground as per Ordinance 820. 21. Comments and recommendations made by the City of San Jacinto Police shall be incorporated into the conditions for the project by reference. 22. No building shall be issued until the project has been annexed into City of San Jacinto financing districts CFD 2003-1, AD #2003-01 and Lighting Landscape and Park District #2. 23. If building permits are issued after July 1, 2004 then the project shall pay TUMF fees in accordance with the Ordinance adopting the TUMF program. Conditions of Approval - Conditional Use Permit 2-04 Building and Safety Department General Conditions 1. All required Fire Department vehicle access roads shall maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 2. All lumber scraps, combustible materials and other debris shall be picked up daily, or more often as required by the Building and Safety Department. 3. If water supply for fire hydrants is lost of if pressure is dramatically reduced, contact the City of San Jacinto, Building and Safety Department Prior to Issuance of a Building Permit 4. Prior to the issuance of building permits, fire hydrants shall be tested, accepted and placed in service prior to any combustible material placed on the site. Hydrants shall be placed on all streets in and around all projects. 5. Prior to the issuance of Building Permits, all locations where structures are to be built shall have approved Fire Department access roads (curb, gutter and all-weather surface), for 60,000 lbs GVW/traffic index of AC thickness of .25, provided prior to construction. 6. Prior to Certificates of Occupancy, specific address for each building shall be provided, shall be contrasting color and background. Page 7 of 7 TO: MEMORANDUM September 17, 2004 Tim Hults, Community Development Director FROM: Habib Motlagl City Engineer SUBJECT: C.U.P. 8-03 As requested, I have reviewed the above proposed project and recommend the following conditions of approval: 1. Onsite grading and paving, if required by Planning Department, shall be done in a mariner to perpetuate existing drainage patters and in compliance with NPDES requirements, including retention of nuisance onsite runoff within landscaped area. 2. Buena Vista on the east side adjacent to this site shall be improved with concrete curb/gutter located 20' east of centerline and minimum of 20' new asphalt paving including 6' wide concrete sidewalk within 30' 1/2 width dedicated right-of-way. Transition along north and south sides shall be provided as determined by City Engineer. 3. Installation of one super fire hydrant adjacent to the entrance and additional onsite water and sewer mains, services, fire hydrant, and backflow preventor as determined by the city Water Department and City Fire Department. 4. The onsite and offsite improvement plans, including grading, paving, and drainage reports shall be submitted to the city for review and approval. 5. One street light shall be installed per SCE and County of Riverside Standards and annexed into LLPD No. 2. Location of street light shall be determined by the City Engineer. 6. Water and sewer service connections shall be to EMWD Standards. 7. Unless drainage fees have previously been paid, prior to issuance of any permit, applicable drainage fees shall be paid to the City. 8. Existing power plans poles to this site shall be removed and or underground pursuant to City Standards and ordinance. San Jacinto Police Department 160 W. Sixth Street San Jacinto, California 92583 San Jacinto DATE: 091904 TO: David Clayton FROM: Sgt. Kevin L. Vest/ RE: Budget Towing Impound Site Plan Review/Recommendations On Sunday, September 19, 2004 I received the site plans for the proposed Budget Towing storage lot located on Buena Vista Street in San Jacinto. This letter is written to provide police department input into the design and security of this site plan. Design- The proposed design is adequate for the type and volume of business related to a tow company storage yard. Security - Chain Link Fence- The proposed 6' chain link fence (with inserts) on the exterior perimeter of the property is acceptable within the requirements of the CHP Tow Service Agreement. I recommend the addition of barb/razor wire on the top of all chain link fence adjoining undeveloped property. This would improve the security of the vehicle storage area and reduce the potential for thefts or stored vehicle burglaries. Block Wall- The proposed 6' block wall on the front (Buena Vista Street) of the property is acceptable within the requirements of the CHP Tow Service Agreement. I support this requirement both for its appearance and to reduce any potential opportunity of a vehicle to be forcibly removed either by cutting or ramming a chain link fence. Signage- No signage is required for tow company storage locations. If/when business operations are started at this location, additional signage will be required per the CHP Tow Service Agreement. SEP-16-03 TUE 5:43 PM RIV CO FIRE P&E FAX HO, 9099554886 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the Torn 1 isdale Fire Chief Proudly serving the unincorporated areas or Riverside County and the Cities of Banning Beaumont Caluuesa Canyon Lake Coachella Desert I lot Springs Indian Wells Indio G Lake Elsinore La Quints Moreno Valley + Palm Desert Penis Rancho Mirage San Jacinto Temecula t;u:ud ofSuper, isors P.at7 6ustar I)nStrict I lobe Tavaglione, District 2 llin Venable, District 3 Roy Wilson. Dislricl 4 Marion Aoltley District 5 California Department of Forestry and Fire Protection P, I 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-8900 • Fax (909) 940-6910 City of San Jacinto / David Clayton 248 East Main Street San Jacinto, Ca. 92583 Date:_9-16-03 Re: CUP 8-03 In response to the request for comments regarding the above referenced project, items of concern to the Riverside County Fire Department are 1. Gate access, minimum of 20 feet. 2. Fire hydrant within 250 feet of property, minimum 1500 gpm 3. No hazardous material stored on site. 4. Permit required for any welding, cutting or other hot work. 5. Provide "Knox" rapid access lock on gate. 6. Provide portable fire extinguishers. 7. Store vehicles in a manner that provides access to all parts of the property. Please direct any questions to the address below. RIVERSIDE COUNTY FIRE, PLANNING AND ENGINEERING 4080 Lemon Street, 2nd floor Riverside, Ca. 92502 (909) 9� -477� Attention: Captain Scott DeForge AGENDA ITEM November 18, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Cler SUBJECT: Estudillo Mansion Committee Appointment RECOMMENDATION: By motion, appoint a 2004 applicant based on the Historical Preservation Committee's recommendation to fill the vacancy on the Estudillo Mansion Committee with the term expiring August 2007. BACKGROUND: The Estudillo Mansion Committee was originally established on February 18, 1999 by Resolution No. 99-3 of the San Jacinto Redevelopment Agency. The Estudillo Mansion Committee serves as an advisory committee to the City Council. Thus, the City Council makes the appointments to the committee. The City Clerk's office issued a press release and ran a display advertisement to solicit interested individuals to apply. Notices were, also, posted at City Hall, the Library and the School District Administration building. The application period closed at 5:00 pm July 12, 2004. As the committee continues to evolve, the number of appointed members was reduced from nine (9) to seven (7) per Resolution 2551 adopted June 17, 2004. On July 1, 2004 the City Council's direction was to have the Council's Historic Preservation Committee do the interviews, as they are the liaison to the Estudillo Mansion Committee (rather than appointing a separate ad hoc committee). The terms of the appointments are staggered: The term of the vacant seat being filled expires August 2007. An appointment was made on September 2, 2004 to fill a vacancy with the same term expiration. On November 2, 2004 another vacancy occurred. Page 1 of 2 The Historical Preservation Subcommittee would like the appointment made before the next regular meeting of the Estudillo Mansion Committee. Because of the high quality of applicants in the last application period and noting that it was within a short time period, their recommendation to the Council is based on the next, closest runner up. JUSTIFICATION: When a vacancy occurs the City Council shall appoint a replacement to fill the expiring term (Resolution 2305). BUDGETARY IMPACT: None ATTACHMENTS: None Page 2 of 2 TO: AGENDA ITEM 6.1 November 18, 2004 The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Cler 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 Approval City Manager: Finance Director: N `- Page 1 of 1 OCT-29-2004 11:33 AM P.02 San Jacinto Branch, Library Submitted by Elise Malkowski, Branch Manager October 2004 October was a very busy month. We had 20 class visits serving 500 students. Our average daily attendance for the month was 756. Currently there is 2 students working on their Community Service hours and have been most helpful as it has been quite busy with the new system. Staff are working well together to learn Sirsi and cope with the change in the way things are done. The biggest challenge is to communicate all the info about the changes and procedures for the new system. We have 2 programs coming up in the next couple of months. Our bilingual adult program will feature a lawyer speaking on the topic of Immigration. Paulina has been most helpful in working with Diane Smith and Brenda Ruvlacaba in making this program happen. We are also planning a holiday fire safety program with the San Jacinto Fire Department and a visit from Santa Claus, Thanks to Rolando Olivo who volunteered his time to play Santa and the local CDF station we are able to make this program available to our community in December. We had our Friends of the Library book room picked clean by some parents and students of a new school in Hemet. They bought many bags of books to put in their school library. We have plenty of room now for more donations. STAFF REPORT November 1, 2004 Agenda Item No. 8.1 Regional Conservation Authority Monthly Revenue Report Staff Contact: Background: See attached monthly revenue report. Ron Rempel, RCA General Manager (951) 955-6625 Staff Recommendation: Receive and file Attachment: RCA Net MSHCP Mitigation Fee Collections by Member Agency REGIONAL CONSERVATION AUTHORITY NET MSHCP MITIGATION FEE COLLECTIONS BY MEMBER AGENCY FY 2004/05 Collections as of 10-25-04 JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE PERCENT 2004 2004 2004 2004 2004 2004 2005 2005 2005 2005 2005 2005 TOTALS OF TOTAL CITY OF BANNING $0 00 S0 00 $0.00 $0 00 $0.00 $0. 00 $0.00 $0 00 $0.00 $0 00 $0 00 $0 00 $0.00 0.00% CITY OF BEAUMONT $0 00 $0 00 $0 00 $0.00 SO 00 $0.00 $0.00 $0.00 $0 00 $0 00 $0.00 $0.00 50.00 0.00% CITY OF CALIMESA $0.00 $0 00 $0 00 $0 00 $0 00 $0.00 $0 00 $0 00 $0.00 $0 00 50 00 SO 00 $0.00 0.00% CITY OF CANYON LAKE $0 00 50.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO 00 80.00 0.00% CITY OF CORONA $0 00 $0.00 $0 00 $0 00 $0.00 $0 00 SO 00 $0 00 $0 00 $0.00 $0.00 SO 00 $0.00 0.00% CITY OF HEMET $0 00 $0.00 $0 00 $75,773.40 $0.00 $0 00 $0 00 $0.00 $0 00 $0 00 $0 00 $0 00 $75,773.40 3.84% CITY OF LAKE ELSINORE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $0.00 $0 00 50.00 0.00% CITY OF MORENO VALLEY $0 00 $0.00 $0 00 $0.00 $0.00 $0.00 $0 00 $0.00 $0 00 $0.00 S0 00 $0.00 $0.00 0.00% CITY OF MURRIETA $0.00 $0.00 $0.00 $230,850.00 $0 00 S0 00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 S230,850.00 11.70% CITY OF NORCO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 0.00% CITY OF PERRIS $0. 00 $0 00 $0 00 $0.00 $0.00 $0.00 $0 00 $0.00 $0 00 $0.00 50.00 $0.00 $0.00 0.00% CITY OF RIVERSIDE $0 CO $0.00 $0 0O $82,855.25 $0 00 $0.00 SO 00 $0 00 $0 00 $0 00 $0.00 $0 00 $82,855.25 4.20% CITY OF SAN JACINTO $0.00 $0 00 $0 00 $0 00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0 00 $0 00 $0.00 0.00% CITY OF TEMECULA SO 00 $000 SO 00 $000 $000 $000 $000 $000 $000 $000 $0.00 $0.00 $0.00 0.00% COUNTY OF RIVERSIDE $43761900 $320 725 00 $477,917.00 $347,04700 SO 00 $000 $000 $0.00 $0.00 $0.00 $000 $000 51,583,308.00 80.26% TOTALS $437,619.00 $320,725.00 $477,917.00 $736,525.65 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 51,972,786.65 100.00% STAFF REPORT Regional Conservation Authority November 1, 2004 Agenda Item No. 8.2 Implementing Agreement Mechanisms Staff Contact: Background: Best Best & Krieger LLP (951) 686-1450 Section 11.1 of the MSHCP Implementing Agreement states that the County, Cities and the RCA shall adopt an appropriate Implementation Mechanism within six (6) months of execution of that Agreement. Thus, all Implementation Mechanisms must be adopted on or before December 22, 2004. To date, Riverside Conservation Authority staff has received copies of executed Implementation Mechanisms from the following RCA member agencies: County of Riverside City of Banning City of Calimesa City of Canyon Lake City of Moreno Valley City of Murrieta City of San Jacinto City of Temecula City of Corona City of Hemet City of Norco City of Perris City of Riverside RCA staff is working with the remaining Cities to obtain copies of their respective adopted Implementation Mechanisms. Staff Recommendation: Receive and file. Attachments: None RVPUBW1O1682740.I RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:00 a.m. Wednesday, November 10, 2004 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 special assistance is needed to participate in a Commission meeting, please contact the Clerk of the Commission at (951) 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 (Public Comments is for items not listed on the agenda. Comments relating to an item listed on the agenda will be taken at the time that the item is discussed.) 4. APPROVAL OF MINUTES - October 13, 2004 5. 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 Commission. 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.) Riverside County Transportation Commission Agenda November 10, 2004 Page 2 6. 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. 6A. QUARTERLY FINANCIAL STATEMENTS Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended September 30, 2004. 6B. INTERFUND LOAN ACTIVITY REPORT Overview This item is for the Commission to receive and file the Interfund Loan Activity Report for the month ended September 30, 2004. 6C. SINGLE SIGNATURE AUTHORITY REPORT Overview This item is for the Commission to receive and file the Single Signature Authority Report for the quarter ended September 30, 2004. 6D. RESOLUTION NO. 04-018, "EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 141 " Overview This item is for the Commission to adopt Resolution No. 04-018, "Employer Pickup Resolution Pre -Tax Payroll Deduction Plan for Service Credit Purchases (Contribution Code 14)", to allow an option for its employees to purchase additional service credits using pre-tax dollars. There is no employer contribution towards employee purchasing additional service credits. Riverside County Transportation Commission Agenda November 10, 2004 Page 3 6E. PROJECT STATUS REPORT OF FEDERAL AND STATE FUNDED PROJECTS Overview This item is for the Commission to receive and file the Project Status Report of Federal and State funded projects. 6F. TRANSPORTATION ENHANCEMENT ACTIVITIES FUNDS SIX-MONTH EXTENSION REQUEST Overview This item is for the Commission to receive and file the Transportation Enhancement Activities Funds Six -Month Extension Request. 6G. AWARD AGREEMENT NO. 05-33-519 (AMENDMENT NO. 9 TO AGREEMENT NO. RO-2128) TO STV INCORPORATED FOR SERVICES RELATED TO THE NEW START APPLICATION FOR THE PERRIS VALLEY LINE PROJECT Overview This item is for the Commission to: 1) Award Agreement No. 05-33-519 (Amendment No. 9 to Agreement No. RO-2128) to STV Incorporated for additional scope of work related to the final environmental assessment, rerun of SCAG's transit model, update of the New Start application, and BNSF coordination for the Perris Valley Line project for an additional base amount of $548,430; 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission; 3) Allocate an additional $500,000 of STA funds and increase the FY 2004-05 Rail Capital budget to accommodate the allocation; and, 4) Amend the FY 2004-05 Commuter Rail Short Range Transit Plan to reflect these changes. Riverside County Transportation Commission Agenda November 10, 2004 Page 4 6H. APPROVE MEMORANDUM OF UNDERSTANDING NO. M-24-006 FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS WITHIN THE CITY OF LA QUINTA Overview This item is for the Commission to: 1) Approve Memorandum of Understanding (MOU) No. M-24-006 for the funding reimbursement of State Highway 111 improvements within the City of La Quinta; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the memorandum of understanding on behalf of the Commission. 61. AMENDMENT TO THE RIVERSIDE TRANSIT AGENCY'S FISCAL YEAR 2004-2005 SHORT RANGE TRANSIT PLAN TO PURCHASE ADVANCED TRAVELER INFORMATION SYSTEM EQUIPMENT Overview This item is for the Commission to approve an amendment to the Riverside Transit Agency's FY 2004-05 Short Range Transit Plan to purchase Advanced Traveler Information System Equipment at a cost of $72,815 in Section 5309 funds. 6J. SUNLINE TRANSIT AGENCY OPERATIONAL EVALUATION RECOMMENDATION SUMMARY Overview This item is for the Commission to receive and file the Operational Evaluation Recommendation Summary, which was approved by SunLine Transit Agency's Board at its October 27, 2004 meeting. Riverside County Transportation Commission Agenda November 10, 2004 Page 5 6K. MEASURE "A" SPECIALIZED TRANSIT PROGRAM FISCAL YEAR 2004-2005 AND FISCAL YEAR 2005-2006 CALL FOR PROJECTS - CITY OF CALIMESA AND CARE CONNEXXUS Overview This item is for the Commission to: 1) Allocate $30,000 to the City of Calimesa and $65,000 to Care Connexxus, Inc., in Measure "A" Specialized Transit funds available in western Riverside County; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute Agreement No. 05-26-521 for City of Calimesa and Agreement No. 05-26-522 for Care Connexxus, Inc., on behalf of the Commission. 6L. APPROVE THE FUND TRANSFER AGREEMENT NO. 05-45-520 BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR THE OPERATION OF A FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY Overview This item is for the Commission to: 1) Approve the Fund Transfer Agreement No. 05-45-520 between the State of California Department of Transportation and the Riverside County Transportation Commission for the Riverside County Freeway Service Patrol program in the amount of $1,071,368 in State funding for FY 2004-05; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 6M. COMMUTER RAIL PROGRAM UPDATE Overview This item is for the Commission to receive and file the Commuter Rail Program Update as an information item. Riverside County Transportation Commission Agenda November 10, 2004 Page 6 6N. AUTHORIZATION FOR DEVELOPMENT AND RELEASE OF A REQUEST FOR PROPOSAL FOR A WESTERN RIVERSIDE COUNTY RAIL FEASIBILITY STUDY Overview This item is for the Commission to authorize the development and release of a Request for Proposal for the purpose of performing a Western Riverside County Commuter Rail Feasibility Study. 60. SURPLUS OF PERRIS WYE PROPERTY Overview This item is for the Commission to: 1) Declare the property identified as the Perris Wye Property, a portion of APN 313-271-018, as surplus, as shown on the attached parcel map; and, 2) Authorize staff to initiate the sixty (60) day public agency notification period and if no interest is expressed, authorize the Executive Director to offer the parcels for sale. 7. STATE AND FEDERAL LEGISLATION AND TRANSPORTATION MEASURES UPDATE Overview This item is for the Commission to receive and file the update on State and Federal Legislation and the results of the transportation measures on the ballot for November 2"d as an information item. 8. PRESENTATION - TUMF REVENUE PROJECTIONS Overview This item is for the Commission to receive and file the Riverside County Transportation Uniform Mitigation Fee Revenue Projections and presentation prepared by David Taussig and Associates, Inc. 9. ITEMS PULLED FROM CONSENT CALENDAR AGENDA Riverside County Transportation Commission Agenda November 10, 2004 Page 7 10. COMMISSIONERS I EXECUTIVE DIRECTOR'S REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended and upcoming meetings/conferences and issues related to Commission activities. 11. CLOSED SESSION ITEM A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a) B. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9 (b) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Negotiating Parties: RCTC — Executive Director or Designee Property Owners - See List of Property Owners Item APN Owner 1 347 1 10 072 347-1 10-073 Rachel Schwenn 2 347-110-033 Norma Federow 3 347-1 10-057 347 1 10 059 347-110-070 347-1 10-077 Nicolas and Kathryn Abood 4 347-110-011 Robert Hildom 5 347 1 10 010 Eleanor Armstong and Barbara Page 6 347-110-030 James and Michael Duffy 7 347-110-016 347-110-018 347-110-023 347-110-029 347-110-031 Adel Abusamra 8 347 110 063 347-110-065 Adel Abusamra Riverside County Transportation Commission Agenda November 10, 2004 Page 8 12. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:00 a.m., Wednesday, December 8, 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, November 10th, at 8 a.m. is CANCELLED. If you have any questions, please contact Naty Kopenhaver, Director of Administrative Services at (951) 787-7141. Riverside Transit Agency P9 ta Riverside Transit Agency Cr Board of Directors Meeting Meeting No. 2004-9A October 28, 2004 2:00 p.m. 1825 Third Street Riverside, CA 92507 PLEASE NOTE: The Chairman of the Board kindly requests that cell phones be turned off during the meeting ITEM 1. CALL TO ORDER ?. SELF -INTRODUCTIONS 3. FLAG SALUTE 4. PUBLIC COMMENTS — NON -AGENDA ITEMS Members of the public may address the Board regarding any item within the subject matter jurisdiction of the Board; however, no action may be taken on off -agenda items unless authorized by law. Comments shall be limited to matters not listed on the agenda. Members of the public may comment on any matter listed on the agenda at the time that the Board considers that matter. Each person's presentation is limited to a maximum of three (3) minutes RECOMMENDATION RECEIVE COMMENTS 5. APPROVAL OF MINUTES — SEPTEMBER 23, 2004, BOARD MEETING (P. 4) APPROVE 6. CHIEF EXECUTIVE OFFICER'S REPORT - Public Comments' Update RECEIVE REPORT Any Person with a disability who requires a modification or accommodation in order to participate in this meeting should contact the RTA Clerk of the Board, telephone number (909) 565-5044, no less than two business days prior to this meeting to enable RTA to make reasonable arrangements to assure accessibility to this meeting. RTA BOARD OF DIRECTORS MEETING fi^.TOBER 28, 2004 ITEM 7. B. C. D. E. F. G. H. I. J. K. CONSENT CALENDAR All items on the Consent Calendar will be approved by one motion and there will be no discussion on individual items unless a Board member or member of the public requests a specific item be pulled from the calendar for separate discussion A. RTA Financial Profile - September 2004 (P. 12) Ridership Report - September 2004 (P. 24) Personnel Report - September 2004 (P. 29) Transportation Center Report - September 2004 (P. 34) On -Time Performance Report - September 2004 (P. 39) Board Budget and Finance Committee Meeting - 9/1/04 Minutes (P. 45) Transportation NOW Meeting Attendees - September 2004 (P. 50) Agency Credit Card Statement for October 2004 (P. 51) Investment Report - Period Ending 9/30/04 (P. 53) Year -to -Date Ridership Report Summary - Period Ending June 30, 2004 (P. 54) Cash Flow Projections (P. 63) Board Budget and Finance Committee Reviewed and Recommended (10/6/04 Meeting) L. Annual Report for Public Agencies Self -Insured for Workers' Compensation (P. 64) Board Budget and Finance Committee Reviewed and Recommended (10/6/04 Meeting) PAGE 2 RECOMMENDATION RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RTA BOARD OF DIRECTORS MEETING PAGE 3 OCTOBER 28, 2004 ,VI RECOMMENDATION M. Short Range Transit Plan (SRTP FY '05) and Budget Amendments for Revised FTA Section 5309 Apportionments (P. 67) Board Budget and Finance Committee Reviewed and Recommended 10/6/04 Meeting) 8. AUTHORIZATION TO RENEW AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE REIMBURSEMENT OF JUROR RIDERSHIP ON THE ROUTE 50 (P. 70) Board Budget and Finance Committee Reviewed and Recommended (10/6/04 Meeting) 9. AUTHORIZATION TO OPEN PUBLIC HEARINGS FOR STAKEHOLDER INPUT ON DRAFT FARE STRUCTURE MODIFICATION, AND REQUEST TO EXTEND ROUTE 202 PROMOTIONAL FARE (P. 72) Board Budget and Finance Committee Reviewed and Recommended (10/6/04 Meeting) 10. BOARD MEMBER COMMENTS AND REMARKS 11. ANNOUNCEMENTS 12. NEXT MEETING Regular Meeting of the RTA Board of Directors Thursday, November 18, 2004 2:00 p.m. RTA Conference Room 1825 Third Street Riverside, CA 92507-3484 13. ADJOURNMENT APPROVE APPROVE APPROVE/OPEN PUBLIC HEARINGS Dorothy Chouinard - November Board Meeting Update raye i From: "Susan Hauser @ Valley Economic Development Corp." <shauser@vedc.com> To: <dchouinard@sanjacintoca.us> Date: 11/10/04 8:24AM Subject: November Board Meeting Update Dorothy, Just an FYI, since our VEDC 4th quarter Event is on November 17, 2004 there will be no formal Board Meeting this month, which in turn means no Agenda. Just thought I would inform you a little early. If you have any questions, please contact me. Thank you, Susan Hauser Administrative Assistant Valley Economic Development Corporation 800 E. Florida Ave. Suite A Hemet, CA 92543 (951) 652-7688 phone (951) 652-7618 fax www.vedc.com Val R G O G WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS GENERAL ASSEMBLY 4 AGENDA Pla4:6° Thursday, June 24, 2004 5:30 P.M. Eagle Glen Golf Club 1800 Eagle Glen Parkway Corona, CA CALL TO ORDER Vice Chair Jeff Miller PLEDGE OF ALLEGIANCE PUBLIC COMMENTS RECOGNITION OF SPONSORS MINUTES I.A Minutes from the August 7, 2003 General Assembly are available for consideration. M-1 Requested Action: Approve Minutes. ACTION ITEMS III.A III.B Election of Chair and Vice Chair Jeff Miller WRCOG Executive Committee FY04-05 Background: Requested Action: The Administration and Finance Committee nominated Mayor Jeff Miller as Executive Committee Chair and Supervisor Marion Ashley as the Vice Chair for Fiscal Year 2004-05. The Executive Committee approved their selections. Elect Mayor Jeff Miller as Executive Committee Chair and Supervisor Marion Ashley as the Vice Chair for Fiscal Year 2004-05. WRCOG Budget for Fiscal Year 2004-05 Jeff Miller Background: Requested Action: The Administration and Finance Committee and the Executive Committee have approved the proposed budget for Fiscal Year 2004-05. Adopt the proposed budget for Fiscal Year 2004-05. PRESENTATION OF THE PATRICIA ANN WILSON AWARD Recipients: Rosalie Moyer and Linda Mejia PRESENTATION OF THE NORTON YOUNGLOVE AWARD Recipient: Martin Bowman FEATURE PRESENTATION At this time members of the public may address the General Assembly regarding any Items within the subject matter jurisdiction of the General Assembly which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. NO action may be taken on Items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda. Any person wishing to address the General Assembly on any matter, whether or not it appears on this agenda, Is requested to complete a ARequestbSpeels form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the General Assembly in writing and only pertinent points presented orally. BILL HANDEL, TALK SHOW HOST KFI 640 Bringing About Change: Speaking with a Collective Voice IV. ADJOURNMENT SAVE THE DATE The Western Riverside Council of Governments cordially invites you to attend our 13th Annual General Assembly /41114 WRCOG Thursday, June 24, 2009 6:00 P.M. Eagle Glen Golf Club 1800 Eagle Glen Parkway Corona, CA Featured Guest Speaker Bill Handel, Talk Show Ilo%1 KI~'I AM 640 Bill Handel is host of ' Rrli MOO in rlrr l lvrnrug anti die nanonal I'p syndicated -Handel un 114 Jrrrr shoo Sponsorship opportunities are available! To inquire about sponsorship or to R.S.V.P call Danielle Maxson at 909-955-843Z, SEATING IS LTi1TED! WRCOG Western Riverside Council Of Governments Technical Advisory Committee AGENDA Thursday, October 21, 2004 9:30a.m. — 12:00 p.m. County of Riverside Administrative Center 4th Floor, Conference Room C & D CALL TO ORDER Chair Beth Groves SELF INTRODUCTIONS PLEDGE OF ALLEGIANCE PUBLIC COMMENTS At this lime members of the public may address the Technical Advisory Committee regarding any Items within the subject matter jurisdiction of the Technical Advisory Committee which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized Items at the time the item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda. Any person wishing to address the Technical Advisory Committee on any matter, whether or not it appears on this agenda, is requested to complete a ARequest to Speak@ form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Technical Advisory Committee in writing and only pertinent points presented orally. MINUTES LA Minutes from the September 16, 2004 Technical Advisory Committee meeting are available for consideration. M-1 Requested Action: 1. Approve Minutes. CONSENT CALENDAR All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the Agency, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the Agency request specific items be removed from the Consent Calendar. ILA Air Quality/Clean Cities Activities Update Rosa Washington Page 1 Background: This report summarizes ongoing activities in the Air Quality Clean Cities Program. Requested Action: 1. Receive and file. II.B Legislative Review Bill Hodge Page 3 Background: A summary of chaptered legislation from the 2003-04 session of the State Legislature is provided for information. Requested Action: 1. Receive and file. REPORTS/DISCUSSION III.A 211 Riverside Background: Rick Bishop Page 5 "Riverside 211" is a free, 3 digit phone number for connecting those in need of services such as child care, jobs, and emergency financial assistance. Gary Madden, Director, Inform Riverside (Volunteer Center of Riverside County) will provide a presentation. Requested Action: 1. Receive report. III.B MSHCP Status Report Background: Rick Bishop Page 27 Ron Rempel has been hired to serve as the General Manager of the Regional Conservation Authority. Mr. Rempel will be present at the October Technical Advisory Committee meeting to discuss issues related to MSHCP implementation. Requested Action: 1. Receive report. Ill. C Inland Empire Economic Partnership Rick Bishop Page 29 Background: Paul Hiller, Executive Director, IEEP will discuss the new IEEP national business attraction campaign and how it will affect western county jurisdictions. Requested Action: 1. Receive report. I11.D Riverside County Airport Land Use Commission Rick Bishop Page 31 Background: In August the TAC requested that a presentation on the Riverside County Airport Plan be provided. Requested Action: 1. Receive presentation. III.E Report from League of California Cities Dave Wil'mon Page 59 Regional Representative Background: This item is reserved for a presentation from the League of California Cities Regional Representative for Riverside County on activities being undertaken by the League of California Cities. Requested Action: 1. Receive report. III.F TUMF Program Activities Update Ruthanne Taylor Berger Page 61 Background: This item covers the current activities of the Transportation Uniform Mitigation Fee (TUMF) Program. Requested Action: 1. Receive report. 2. Approve the process for pursuing future fee program adjustments based on construction cost index. 3. Provide direction on any proposed modifications to the TUMF Program office fee. III.G Western Riverside County City Manager's Forum Background: This item is reserved for discussions regarding issues of common concern that are not typically addressed through WRCOG TAC. Requested Action: 1. Discussion. OTHER MATTERS IV. Items for Future Agendas Members Members are invited to suggest additional items to be brought forward for discussion at future Technical Advisory Committee meetings. V. General Announcements Members/Guests Members/Guests are invited to announce items/activities which may be of general interest to the Technical Advisory Committee. VI. Next Meeting: The next TAC meeting is scheduled to be held on Thursday, November 16, 2004 at 9:30 a.m., County Administration Center, 4080 Lemon Street, 4`h Floor C & D. VII. ADJOURNMENT WRCOG Western Riverside Council Of Governments Executive Committee AGENDA Monday, November 1, 2004 2:00 p.m. County of Riverside Administrative Center 1st Floor, Board Room CALL TO ORDER Chair Jeff Miller PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS At this time members of the public may address the Executive Committee regarding any Items within the subject matter jurisdiction of the ExecuiveCommittee which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. NO action may be taken on Items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda. Any person wishing to address the Executive Committee on any matter, whether or not it appears on this agenda, Is requested to complete a ARequest to Speaks form available al the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Executive Committee in writing and only pertinent points presented orally. SPECIAL PRESENTATION: Supervisor Jim Venable recognition MINUTES LA Minutes from the October 4, 2004 Executive Committee meeting are available for consideration. Requested Action: 1. Approve Minutes. M-1 CONSENT CALENDAR All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the Agency, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the Agency request specific items be removed from the Consent Calendar. ILA Air Quality Taskforce Update II.B Rosa Washington Page 1 Background: This report summarizes ongoing activities in the Air Quality Taskforce and their Ad Hoc committee. Requested Action: 1. Receive and file. Draft 2005-06 Legislative Platform Bill Hodge Page 3 Background: Requested Action: 1. Distribute the Draft 2005-06 Legislative Platform to member jurisdictions for review and comment. 2. Return to Executive Committee with final Draft 2005-06 Legislative Platform for consideration in December 2004. II.0 Legislative Review Bill Hodge Page 9 Background: A summary of state legislation reviewed by WRCOG during the 2003-04 session of the State Legislature is provided for information. Requested Action: 1. Receive and file. II.D Contract for Services: Rick Bishop Page 13 ViewPoint Learning, Inc. Background: WRCOG desires to continue work on the SR-91 Interregional Partnership strategy development through contract with ViewPoint Learning, Inc. Requested Action: 1. Approve scope of work for Choice Dialogues consulting services and direct Executive Director to execute a contract with ViewPoint learning, Inc. for an amount not to exceed $60,000. 2. Direct the Executive Director to bring future contract amendments, based on future funding availability, to the Executive Committee for approval. REPORTSIDISCUSSION III.A 211 Riverside Rick Bishop Page 23 Background: "Riverside 211" is a free, 3 digit phone number for connecting those in need of services such as child care, jobs, and emergency financial assistance. Requested Action: 1. Receive report. III.B TUMF Program Activities Update Ruthanne Taylor Berger Page 45 Background: TUMF items for review include a proposed Program construction cost index increase, review of the monthly fee revenue report. Requested Action: 1. Receive report. 2. Consider options for fee adjustments and the 2 year comprehensive Program review and schedule and provide direction to staff for implementation. 3. Consider the City of Riverside request to maintain the office TUMF component at current Phase I level and provide direction to staff if necessary. III.0 Report from League of California Cities Regional Representative Dave Wilimon Page 63 Background: This item is reserved for a presentation from the League of California Cities Regional Representative for Riverside County on activities being undertaken by the League of California Cities. Requested Action: 1. Receive report. OTHER MATTERS IV. Items for Future Agendas Members Members are invited to suggest additional items to be brought forward for discussion at future Executive Committee meetings. V. General Announcements Members Members are invited to announce items/activities which may be of general interest to the Executive Committee. VI. Next Meeting: The next Executive Committee meeting is scheduled to be held on Monday, December 6, 2004 at 2:00 p.m., County Administration Center, 4080 Lemon Street, rt Floor Board Room. VII. ADJOURNMENT AGENDA REGULAR MEETING of the REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO NOVEMBER 18, 2004 Immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California I ORGANIZATION 1.1 Call to Order 1.2 Roll Call 2. PUBLIC COMMENTS None 3. 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 pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. 4. CITY DEPARTMENTS None 5. 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. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 November 4, 2004 Regular Meeting Minutes / Approve / Agency Secretary Redevelopment Agency Agenda November 18, 2004 Page 2 of 2 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: City - APN s 435-020-032, 435-020-033, 435-020-029; and RDA 435-020-031 City / Agency Negotiator: City Manager Negotiating Parties: Trustee or nominee for Frey Living Trustee Under Negotiation: Price or terms of payment or both 8. ADJOURNMENT 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. I, Dorothy L. Chouinard, Secretaiy of the San Jacinto .fcceveropment Agency, do here6y certi5 that I caused to 6e posted the foregoing agenda the 12'n day ofNovem6er, 2004, as required 6y Gm. GENOA 5.1 MINUTES REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO NOVEMBER 4, 2004, p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order Chairman Jim Ayres called the Regular Meeting to order at 7:25 P.m. 1.2 Roll Call Present: Jim Ayres, Jim Conner, Ken Shaw, Dale Stubblefield Absent: Chris Carlson-Buydos 2. PUBLIC COMMENTS: None 3. PUBLIC HEARING None 4. AGENCY DEPARTMENTS 4.1 Proposed revision to Low and Moderate-Income Rehabilitation Program / Approve and direct staff to make the necessary changes to documents and guidelines for the program / Redevelopment Operations Manager Steven Pasarow, Redevelopment Operations Manager, reviewed the request for the low and moderate income program change: To date 115 applications were sent out and only 12 were returned; and only four have been approved. He explained that essentially the rehabilitated homes have a resale restriction through a recorded Redevelopment Agency Minutes November 4, 2004 Page 2 of 3 covenant. The Agency recovers most of the profit with the homeowner retaining 25% of the value after the rehab. Historically, properties are worth significantly more than that in a short period of time. For most low and moderate income families their only asset is their home. Homeowners felt that was too much to bear and declined to return the application. Manager Pasarow inquired what other cities with similar programs were doing. He reviewed their programs and based on these findings, staffs recommendation is to revamp and rewrite the Agency's agreement: i.e. if a homeowner cashes out — repayment of original loan plus an additional 15% in the first 10 years and a continued sliding scale. The graduated equity reduction overtime meets the law for the long term. The term remains a 45 year covenant. Manager Pasarow summarized, noting that the program was to assist those most in need and found it wasn't working. If approved, he will rewrite the documents and bring back to the Directors for final approval. In his opinion, he believes it will attract some of the original applicants. Following a brief discussion, Manager Pasarow concurred with the Directors that all the applicants would be contacted. M/S/C (Carlson-Buydos / Ayres) moved to approve the proposed revisions to the Low and Moderate-Income Home Rehabilitation Program. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield Nays: None Absent: None Abstain: None 5. CONSENT CALENDAR 5.1 October 21, 2004 Minutes / Approve / Agency Secretary M/S/C (Ayres / Stubblefield) moved to approve the Consent Calendar as presented. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Redevelopment Agency Minutes November 4, 2004 Page 3 of 3 6. DIRECTORS REPORTS None 7. CLOSED SESSION None 8. ADJOURNMENT With no further business coming before the Agency, Chairman Ayres adjourned the meeting at 7:36 p.m. Redevelopment Agency By Jim Ayres, Chairman ATTEST: Dorothy L. Chouinard, Agency Secretary