HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 11/16/2006REDEVELOPMENT
OPERATIONS MANAGER
STEVEN PASAROW
SanJacinto Unified School District Board. Room
2045 South San Jacinto Avenue, San Jacinto, California
edge of; Allegiance
ieclal Presentations
5.1 Presentation to Mrs: Ayalo
Business Spotlight of the: Month, J,H & R.BIock/ Econorrai
Development Specialist
Special recognition of the'following people for their donation time
andmaterials for:the Joe Pink Memorial dedication on Veterans
Day, November 11, 2006
Bruce°Atherton — CED, Inc;
Mark Christie - Christie Steel'
Joe Ochoa - Talle and Ochoa Company
ow is the -time for the p"ubllcto address the Council on any subject within; the jurisdiction: ofthe
ity councji not listed an the agende; 4 limitation of three (3) rrilnutes shall be.'set for each'
erson desiring to address: theCity;' Counci!
CityCouncil:Agenda '
: November16, 20D6
Page'2 of 4
CONSENT'CALENDAR
The matters listed under Consent Calendar are considered routine and will be enacted: by one
motion by City CouncilMembers in the formIisted: `There will be no separate discussion on these:,
items prior to the motion unless members of the City Council, staff or the public` requests a
specified item be removed and/or discussed. If toti, item is pulled, it will be heard at the end of
numberr5: Staff Reports:'
3"1 Warrants at November 16, 2006;/. Approve/ Finance• Director
3.2` Action Minutes November 2, 2006.regular. meeting / Approve:/ City Clerk
3 3 Treasurers Report at August 31,2006 / Approve:/City Clerk
3.4 Ordinance: No. 06-26 / An,ordinance approving Change. of Zone 10-06 / /
Approve second reading and adopt Ordinance No..0626 and by further
motion read by title. only:
An Ordinance of the. City Council of. the City of San Jacinto,
California Approving a Change of Zone of Tract 34364 from
Agriculture (A) to :Residential;Agriculture Accessory:: Business
(RAAB), Located South Side of Ramona Boulevard Approximately
400 Feet Northwest, of Chase, Street
/ Assistant City Manager -
Acceptance of Right of Way Dedication and Storm Drain Easement from
Lennar Homes of California Inc and Joseph W Ward And Jeanette Ward
Revocable Trust along east side of Lyon Avenue and north of Cottonwood
Avenue regarding future development of T31293 and T33138 / Authorize.
City Manager to execute acceptance documents / City Engineer
Acceptance of Grant of Utility Easement from Umnart Ooncharn and
Chanh Vilaysane along Cottonwood Avenue and Kirby Street T30813-2-1
/ Approve and authorize City Manager to execute / City Engineer
Santa Fe Avenue Street and Drainage Improvements - Project No 07-
Approve plans and specifications. and Authorize City Clerk to
advertise for bids / City Engineer
Supplemental. Agreementfor the Use of. Community Development Blok'
Grant . Funds for FY :2006-2007 / Approve and Authorize Mayor to
execute / Redevelopment Operations Manager.
Reprogramming of remainder of Community Development Block Grant
Funds prior year closed projects and programs to Project Numbers
3.SJ120, 2006-07 Neighborhood Cleanup. Program 3.SJ111, 2005.0-6
Code Enforcement and Project 3.SJ119, Repair and Replacement of
Curbs, Gutters and Sidewalks / Redevelopment Operations Manager
City; Councit;Agenda
: November.16,20a6„. :
Palle 3 of 4
UBILIC HEARIN
Community Development Block Grant (CDBG) Public Hearing for Selection
of Projects and Programs for Fiscal Years 2007/2008/2009./Following
.
public hearing Approve 1) Public Service Program funding for program
years 2007/2008 recommended by City Council Subcommittee; and 2)
Public Service Program funding for program years 2007/2008_and 2008
2009.recommended by City Council Subcommittee / Redevelopment
Operation Manager
Appeal of Planning Commission's Decision Appellant: Kelpesh Homes /
Uphold Engineering Condition of Approval No. 17 for Tentative; Tract Map
Nos. 32080 and 32555 / City Engineer
General Plan Amendment 0605 / Change of Zone 15-05 and Tentative
Parcel Map No. 34515 and Conditional Use' Permit (CUP) 14-05 to
facilitate a senior apartment development located on the northeast. corner
of Esplanade Avenue and Palm Avenue / Approve and Adopt Resolution.,
No / A Resolution denying General Plan Amendment 06-05, Change
of,Zone 15-05, Tentative Parcel Map No: 34515 and CUP 114=05
Af the end •of the "scheduled City Department items, anyone wishing to discuss a consent calendar
item should come forward upon invitation of the :Mayor; :state their name;;, address, and the consent •;;
calendar iterri number pelted. ,Speakers should:limit comments; to three. (3) :minutes.
Modification of the Law ; Enforcement Contract with`: Riverside -Coin
Approvee:.•proposal to add the position of Crime Analyst: (.5 ;:F•
Authorize Mayor to execute / Chief of Police
Street Naming Policy / Direct Staff / Assistant City Manager
id-CountyParkway Alignment / Selection of preferred alignment / Ci
YOR / COUNCIL MEMBER REPORTS DISCUSSIONS
City.Council Agenda:."
November16, 2006
Paae 4 of
CLOSED SESSION
DJOURNMENT'
if you challenge any action of the City Council in court, you May be;limiter/ to; raising only those issues you
or someone else raised "at fhe public hearing described in. this notice, .or . in written correspondence;
del vered to the city Council.(clo the City Clerk) at, or prior"to, the: public hearing:
CHALLENGE"TO LAND USE DEGIS/QNS: Any person seeking to halle cnge a decision regarding land
made by the City Council'as a .result of a proceeding in which by law a hearing is regwred ;to be given;
evidence is'required to be taken, and the discretion "in thedetermination of facts is vested in the City
Council,; shall be,requiredtto,commence thataction,90 daysfollowing 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 Sectiom 1094. 6 to determine' how t6 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 ibeyond what is normally provided, 'trig;,: City, wilt attempt to accommodate you in -(
every reasonable manner. Please. contact jet (951) 537-6358, et least 48 hours prior to the
meeting to inform us of your- particular needs and to determine if accommodation.is feasible. .
ept rothy 4 hoiiinara City- Piko_ f the pity of San Jacinto; do hiere6y, ce
oregoing agenda thu ,9‘rovem6er 10, 2006, as•reguared by lain.
ea
ed to 6e posted tile;
Oro,
L.. Chou nazi
AGENDA ITEM 3,
November 16, 2006
TO: The Honorable Mayor and Members of the City Council
FROM: Steven G. Pasarow, Redevelopment Operations Manag
SUBJECT: Approval of Supplemental Agreement for the use of Community
Development Block Grant Funds for FY 2006-2007
RECOMMENDATION:
Staff recommends that the City Council by motion: Approve the Supplemental
Agreement between the City of San Jacinto and the County of Riverside
Economic Development Agency for the 2006-2007 Fiscal Year and authorize the
Mayor to execute the Agreement in triplicate.
SUMMARY:
In July of 2005, the County of Riverside and the City of San Jacinto executed a
Cooperation Agreement through which the City elected to continue to participate
with the County for the purpose of receiving Community Development Block
Grant(CDBG) funds from the U.S. Department of Housing and Urban
Development (HUD) through 2009, and to assist and undertake essential
community development and housing assistance activities pursuant to the
Housing and Community Development Act of 1974, as amended.
BACKGROUND:
The City of San Jacinto receives CDBG funding through an annual allocation
from the County of Riverside Economic Development Agency under the Urban
County Program from HUD. The purpose of the CDBG program is to enhance
and maintain viable urban communities through the provision of decent housing,
a suitable living environment and the expansion of economic opportunities,
principally for low and moderate income persons.
On November 17, 2005, the City Council held a public hearing to review the
applications for CDBG funds and to allow the public an opportunity to comment
on the programs and projects proposed to be funded during the 2006-2007
Approvals
City Manager: eplo
Finance Director: /25 I /
Page 1 of 2
Program Year. The purpose of the Supplemental Agreement is to cement the
relationship of the annual allocation of HUD funds provided through the
Economic Development Agency to the City of San Jacinto in the amounts and for
the programs approved by the City Council,
DISCUSSION:
The amount of CDBG funding available to the City of San Jacinto for FY 2006-
2007 is $185,184. The following programs, projects and/or activities were
recommended by the City Council's Sub -Committee for the Community
Development Block Grant Program to the full City Council which approved these
applications for funding in the following amounts:
1) Retired Senior Volunteer Program $4,347
2) Operation School Bell $4,347
3) Neighborhood Cleanup Program $4,347
4) San Jacinto Police Activities League $8,694
5) Streets, Curb, Gutter and Sidewalks $163,449
TOTAL FUNDS GRANTED: $185,184
The Community Development Block Grant Program provides valuable funding for
worthwhile capital improvement projects and community service programs by
non-profit organizations. The CDBG Program improves the quality of life in the
low and moderate income areas of the city. In order to receive reimbursement
for funds expended through this program, the. Mayor of the City of San Jacinto
and the Chairman of the Board of Supervisors are required to execute the
Supplemental Agreement as written.
ALTERNATIVES:
Not approving the Agreement may result in the City forfeiting its allocation for the
current fiscal year.
FISCAL IMPACT:
The City has been approved to receive an allocation of $185,184 in federal
Community Development Block Grant funding through the County of Riverside
Economic Development Agency for the Fiscal Year 2006-2007. Funds for this
year's programs, projects and activities have been included in the City's 2006-
2007 annual budget. Approval of the Supplemental Agreement will not have a
significant budgetary impact.
ATTACHMENTS:
Supplemental Agreement in Triplicate
Page 2of2
AGENDA ITEM 3.1
NOVEMBER 16, 2006
TO: The Honorable Mayor and Members of the City Council
FROM: Steven G. Pasarow, Redevelopment Operations Manage( 6!
SUBJECT: Reprogramming of Community Development Block Grant Funds
from prior year and closed projects and programs to the current
year Public Facilities and Public Services Programs and Projects
RECOMMENDATION:
Staff recommends that the City Council by motion, approve the reprogramming of
remainder Community Development Block Grant Funds from several prior year
closed projects and programs to Project Numbers 3.SJ120, 2006-07
Neighborhood Cleanup: Program 3.SJ111, 2005-06 Code Enforcement and
Project 3.SJ119, Repair and Replacement of Curbs, Gutters and Sidewalks.
BACKGROUND:
The City receives an annual allocation of Community Development Block Grant
Funds (CDBG) from the . Riverside County Economic Development Agency in
participation with the U.S. Department of Housing and Urban Development
through the Urban County Program. These funds are to be utilized_ for Public
Service Programs (services to the low income population of the city) and Public
Facilities Projects (brick and mortar projects within low income Census Tracts) of
the City.
DISCUSSION:
The CDBG funds received by the City are supposed to be expended through the
programs and projects in the yearthat they are made available to the City by
HUD and EDA. During some program years, the total amount of the funds
allocated to programs and projects is not fully expended due to such actions as
the project being finished under budget or programs not performing up to the
original expectations, lack of staff to perform the required work or the length of
time required for preparation of plans and specifications for construction projects
and the development of a bids and specification document, or for other reasons,
Page 1 of 3
Approvals
City Manager:
Finance Director: I'
there are remainder funds at the end of the fiscal year. Unexpended Public
Service funds are returned to EDA at the end of the Program Year for use in
other jurisdictions and lost to San Jacinto. Unexpended Public Facilities funds
may be carried over to the following year(s) under specific requirements.
Over the past year, City staff has attempted to determine whether or not certain
funds were lost to the City or if they were still available. Several requests for
clarification were met with EDA replies that these funds were no longer available
to the City because they had not been properly expended or reimbursed during
the Program Year that they were intended to be utilized.
City staff recently met with EDA staff and received a list of programs and projects
with unexpended funds that the HUD is still carrying on their books that belong to
the City from past Program Years. EDA had recently been audited by HUD and
these funds were found to be still available for use. HUD has allowed EDA to
provide us with the opportunity to reprogram these funds; however, EDA has
notified HUD where these funds will be reprogrammed by the City to expend
them not only on a timely basis but to ensure that the original identified use of the
funds is still met by the City. Some of these reprogrammed funds are being
moved from last year's projects to this year's projects to ensure that the funding
remains current and does not be come "old" money that has to be tracked by
dollars expended annually. Other funds are from projects and programs closed
long ago but not expended or not properly reimbursed.
In order to not lose these funds, EDA staff has notified HUD that they are
reprogramming these funds into current year Public Facilities and Public Services
programs and projects to ensure timely expenditure funds during the current
Program Year.
The following programs and projects have unexpended funds and the EDA is
requiring the City reprogram these funds into the current Public Facilities, Code
Enforcement and Public Services Projects to ensure that they are expended in a
timely manner.
File Number
Project : `
Balance
PUBLIC SERVICE PROG
3.SJ089 2002-03
Neighborhood Cleanup
$1,380.00
3.SJ110 2004-05
Code Enforcement
$8,800.08
3.SJ112 2005-06
$1,518.67
Neighborhood Cleanup
Total Reprogram Into
3.SJ120
2006-07 Neighborhood
Cleanup
$11,698.75
CODE ENFORCEMENT
3SJ097 2003-04
Code Enforcement
$74,000.00
Total Reprogram into
3.SJ111
2005-06 Code
Enforcement
$74,000.00
Page 2 of 3
PUBLIC FACILITIES PROG
3.SJ106
2003-04
SJ Museum Handicap
Accessibility Program
$1,800.00
3.SJ107
2003-04
PAL Building Const. Fund
$50,000.00
Total
3.SJ119
Reprogram
into
Replacement and
Resurfacing of Streets,
Curbs, Gutters and
Sidewalks (IdylIwild
Drive)
$51,800.00
TOTAL
$137,498.75
The Public Services and Code Enforcement funds must be spent within the
Service and Code Enforcement categories. The Public Facilities funds must be
expended on projects that are currently underway to ensure the timeliest
expenditure of these funds.
ALTERNATIVES:
Approve the reprogramming of the $51,800 in unexpended CDBG Public
Facilities Funds into Project Number 3.SJ113, Replacement and Resurfacing of
Streets and Repair and Replacement of Curbs, Gutters and Sidewalks and the
reprogramming of $74,000 into Project Number 3.SJ111 Code Enforcement and
the reprogramming of $11,698.75 into Program Number 3.SJ120, Neighborhood
Cleanup. Staff recommends this option, since it will provide for greater coverage
to the current projects and programs and make immediate use of funds that may
otherwise be lost to the City.
Not approve the reprogramming of the CDBG Funds Staff does not
recommend this option since non expenditure of these funds will result in their
being permanently lost to the City by the EDA and HUD.
FISCAL IMPACT:
Reprogramming of $137,498.75 CDBG funds will require that the City expend the
funds and then seek reimbursement from EDA. Use of these funds may reduce the
amount of other non-federal funds required for these projects and free them to be
utilized on other necessary projects. Expenditure of CDBG funds in the target Census
tracts will provide the greatest amount benefits the low income population of the City.
ATTACHMENTS:
EDA CDBG Project Status Update
Page 3 of 3
File: 3.SJ118 — 3.SJ121, 0.752
SUPPLEMENTAL AGREEMENT FOR THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY,"
and the CITY OF SAN JACINTO, herein called "CITY," mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated
July 12, 2005, whereby CITY elected to participate with COUNTY, which has qualified as an
"Urban County" for purposes of receiving Community Development Block Grant (CDBG)
funds, and to assist and undertake essential community development and housing assistance
activities pursuant to the Housing and Community Development Act of 1974, as amended,
hereinafter referred to as "Act". Said Cooperation Agreement dated July 12, 2005, is
incorporated herein by reference and made a part of this Agreement as if each and every
provision was set forth herein.
2. PURPOSE. CITY promises and agrees to undertake and assist with the
community development activities, within its jurisdiction, by utilizing the sum of $185,184,
CDBG Entitlement Funds, as specifically identified in Exhibits A, B, C, D, and E are attached
hereto and by this reference are incorporated herein, for the projects:
3.SJ118 Retired & Senior Volunteer Program, $4.347.
3.SJ119 Curb, Gutter & Sidewalk Infill Improvements, $163,449.
3.SJ120 Neighborhood Cleanup Program. $4,347.
3.SJ121 San Jacinto Police Activities League, (PAL), $8,694.
0.752 Operation School Bell - San Jacinto Valley, $4,347.
3. PERM OF AGREEMENT. The term of this Agreement for the projects shall be
for a period of one (1) year from July 1, 2006 to June 30, 2007, and proceed consistent with the
completion schedule set forth in Exhibits A, B, C, D, and E. In the event that the projects are not
substantially completed by the time set forth in the completion schedule due to unforeseen or
uncontrollable causes, the COUNTY may consider extending the schedule for the completion of
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the project. Times of performance for other activities may also be extended in writing by
COUNTY. If substantial progress toward completion in conformance with the completion
schedule, as determined by COUNTY, of the projects are not made during the teiui of the
Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures
set forth in the Section titled 'Termination", of this agreement and the entitlement funds
associated with the projects may be reprogrammed by COUNTY after appropriate notice is
given.
4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine
the final disposition and distribution of all funds received by COUNTY under the Act consistent
with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic
Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in
Exhibits A, B, C, D, and E; (2) It is the CITY's responsibility to monitor all project activities of
Exhibits A, B, C, D, and E to ensure compliance with applicable federal regulations and the
terms of this Agreement. CITY shall comply with timely drawdown of funds by submitting
monthly requests for reimbursement. All disbursements of grant funds will be on a
reimbursement basis and made within thirty (30) days after the CITY has submitted its letter
identifying payments and documentation which supports expenditures.
All authorized obligations incurred in the performance of the Agreement for projects
eligible under the following regulations must be reported to COUNTY no later than by June 5,.
2007:
a. Public Services [24 CFR 570.201 (e)]
b. Acquisition [24 CFR 570.201 (a)]
c. Clearance Activities [24 CFR 570.201 (d)]
d. Interim Assistance [24 CFR 570.201 (f)]
e. Code Enforcement [24 CFR 570.202 (c)]
All other eligible activities under this Agreement must be implemented, completed, and
obligations reported by the CITY no later than the completion schedules set forth in the Exhibits
to this Agreement.
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3) The COUNTY will directly manage and monitor projects identified in Exhibits E.
These projects have been determined to be Countywide, receiving grant funding from multiple
sources; therefore, these projects will be managed and monitored by the COUNTY.
5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with
COUNTY in undertaking essential community development and housing assistance activities,
specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying
out its Strategic Plan of the Consolidated Plan and other requirements of the Community
Development Block Grant Program.
6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Section 15051(d) of Title 14 of the
California Administrative Code, CITY is designated as the lead agency for the projects that are
the subject matter of this Agreement.
7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all
applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY
and its agency members and their respective agents, servants and employees of and from any and
all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever
kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the
defense of said parties, and the payment of attomey's fees, arising out of or in any manner
connected with the performance by CITY under this Agreement.
8. RECORDS AND INSPECTIONS.
a CITY shall establish and maintain records in accordance with 24 CI'R Part
570, Part 85, OMB Circular A-87, and 24 CFR 91.105, as applicable, and as they relate to the
acceptance and use of federal funds under this Agreement.
b. CITY shall maintain a separate account for CDBG Entitlement funds
received as set forth in Exhibits (A, B, C, D, and E ).
c. CITY shall, during the normal business hours, make available to
COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized
representative, for the examination and copying all of its records and other materials with
Page 3 of 9
1 respect to matters covered by this Agreement.
2 d. CITY shall not retain any program income as defined in Section 570.500
3 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the
4 activities that are the subject of this Agreement. Further, all provisions of this Agreement shall
5 apply to such activities.
6 e. The CITY shall ensure that at least fifty-one percent (51%) of the persons
7 benefiting from all CDBG-funded activities or projects designated as serving limited clientele
8 [570.208(a)(2)(i)]are of low and moderate income and meet the program income guidelines
9 attached as Exhibits (A, B, C, D, and E). The CITY must provide the required direct benefit
10 documentation.
11 9. FEDERAL REQUIREMENTS. CITY shall comply with all applicable federal,
12 state and local laws, regulations and ordinances and any amendments thereto and the federal
13 regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly,
14 CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code
15 of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent
16 replacement. CITY is to abide by the provisions of the Community Development Block Grant
17 Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement.
18 CITY will comply with Section 3 of the Housing & Urban Development Act of 1968, as
19 amended, attached hereto as Exhibit "S". CITY will comply with the provisions of 24 CFR Part
20 570.200 (j), attached as Exhibit "R," pertaining to inherently religious activities.
21 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees
22 shall act at all times in an independent capacity during the term of this Agreement, and shall not
23 act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees
24 of the COUNTY.
25 11. TERMINATION.
26 a. CITY. CITY may not terminate this Agreement except upon express
27 written consent of COUNTY.
28 b. COUNTY. Notwithstanding the provisions of Paragraph 11 a, COUNTY
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may suspend or terminate this Agreement upon written notice to CITY of action being taken and
the reason for such action:
(1) In the event CITY fails to perform the covenants herein contained
at such times and in such manner as provided in this Agreement; and
(2) In the event there is a conflict with any federal, state or local law,
ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or
untenable; or
(3) In the event the funding from the Department of Housing and
Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes
unavailable.
c. Upon suspension of this Agreement, CITY agrees to retum any
unencumbered funds which it has been provided by COUNTY. In accepting said funds,
COUNTY does not waive any claim or cause of action it may have against CITY for breach of
this Agreement.
d. Upon suspension of this Agreement, CITY agrees not to incur any
additional cost with regard to the projects that are cited in the written notice as necessitating the
suspensions.
12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of
Title 24 of the Federal Code of Regulations which requires that no person in the United States
shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with Community Development funds.
13. PROHIBITION AGAINST CONFLICTS OF INTEREST
a. CITY and its assigns, employees, agents, consultants, officers and elected
and appointed officials shall become familiar with and shall comply with the CDBG regulations
prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI"
and by this reference incorporated herein.
b. CITY and its assigns, employees, agents, consultants, officers, and elected
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and appointed officials shall become familiar with and shall comply with Section A-11 of the
County's CDBG Policy manual, attached hereto as Exhibit "CI" and by this reference
incorporated herein.
c. CITY understands and agrees that no waiver of exception can be granted
to the prohibition against conflict of interest except upon written approval of HUD pursuant to
24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by
COUNTY to deteiuiine whether such request is appropriate for submission to HUD. In
determining whether such request is appropriate for submission to HUD, COUNTY will consider
the factors listed in 24 CFR 570.611 (e).
d. Prior to any funding under this Agreement, CITY shall provide COUNTY
with a list of all employees, agents, consultants, officers and elected and appointed officials who
are in a position to participate in a decision making process, exercise any functions or
responsibilities, or gain inside information with respect to the CDBG activities funded under this
Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including
even the appearance of conflict, that may arise with respect to the CDBG activities funded under
this Agreement.
e. Any violation of this section shall be deemed a material breach of this
Agreement, and the Agreement shall be immediately terminated by the COUNTY.
14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no
liability for any later determination by the United States Government, the Department of
Housing and Urban Development or any other person or entity that CITY is or is not eligible
under 24 CFR Part 570 to receive CDBG finds.
15. USE OF PROPERTY. Whenever federal CDBG funds or program income are
used, in whole or in part, for the purchase of equipment or personal property, the property shall
not be transferred from its originally funded use, by CITY or subrecipient, for a period of five (5)
years from the close-out date of the grant from which CDBG assistance was provided. The
CITY shall maintain a current inventory for COUNTY monitoring and review.
16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY
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agrees to notify and to require any lessee or assignee to notify Riverside County Workforce
Development Center of any andall job openings that are caused by this project.
17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant
to this Agreement, during the term of this Agreement, will make reference to the Contribution of
the County of Riverside, the Economic Development Agency, and the Community Development
Block Grant Program in making the project possible.
18. PROGRAM MONITORING AND EVALUATION. CITY and its subrecipients
shall be monitored and evaluatedin terms of its effectiveness and timely compliance with the
provisions of this Agreement and the effective and efficient achievement of the Program
Objectives. Quarterly reports shall be due on the last day of the month immediately following
the end of the quarter being reported. The quarterly written reports shall include, but shall not be
limited to, the following data elements:
a. Title of program, listing of components, description of
activities/operations.
b. The projected goals, indicated numerically, and also the goals achieved
(for each report period). In addition, identify by percentage and description, the progress
achieved towards meeting the specified goals and identify any problems encountered in meeting
goals.
c. If the CDBG-funded Activity meets a National Objective under 24 CFR
570.208 (a)(2)(i), CITYwi11 report the following:
1) Total number of direct beneficiaries (clientele served) with
household incomes at:
• Above 80%MHI
• Between 50% and 80% MHI (Low -Income)
• Between 30% and 50% MHI (Very Low -Income)
• Less than 30% MHI (Extremely Low -Income)
2) Total number and percent (%) of the clientele served that have
household incomes at or below 80% MHI
Page 7 of 9
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3) Racial ethnicity of clientele
4) Number of Female -Headed Households
CITY and its subrecipients shall report beneficiary statistics monthly to EDA on the pre -
approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and
racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should
HUD implement changes during the term of this agreement.
CITY and subrecipients will collect and provide all necessary data required by HUD
pertaining to the Specific Outcome Indicators as identified in the CPD Outcome Performance
Measurement System.
19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with
the cooperation Agreement between the parties, embodies the entire agreement of the parties in
relation to the subject matter thereof, and that no other Agreement or understanding, verbal or
otherwise, relative to this subject matter, exists between the parties at the time of execution.
20. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or
designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to
implement the terms, provisions, and conditions of this Agreement as it may be amended from
time to time by COUNTY.
21. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval
from the Economic Development Agency prior to implementing the following "high risk"
activities funded with CDBG assistance:
a. Construction of public facilities (project plans and specifications);
b. Acquisition of real property;
c. Historic Preservation;
d. Relocation; and
e. Economic Development
22. MODIFICATION OF AGREEMENT. This Agreement may be modified or
amended only by a writing signed by the duly authorized and empowered representative of
COUNTY and CITY respectively.
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DATED:
ATTEST:
Nancy Romero
Clerk of the Board
By:
Deputy
(Seal)
COUNTY OF RIVERSIDE
By:
Chairman, Board of Supervisors
DATED: APPROVED AS TO FORM
By:
County Counsel
ATTEST:
SH:JT:JM:sj
CITY OF SAN JACINTO
By:
Mayor
S:\CDEC,06-07 CDBG Master Tracking\City - San Jacinto \ Supplemental Agreement_SanJacinto.revised.doc
Page 9 of 9
Prohibition Against Conflicts of Interest
EXHIBIT CI , page 1 of 4, r=
§ 570.611 Conflict of interest.
(a) Applicability.
(1) In the procurement of supplies, equipment, construction, and services by recipients, and by
subrecipients (including those specified at § 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and
OMB Circular A 110, respectively, shall apply.
(2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this
section shall apply. Such cases include the acquisition and disposition of real property and the provision of
assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under
eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of
private properties or facilities pursuant to § 570.202, or grants, loans and other assistance to businesses,
individuals and other private entities pursuant to § 570-203, § 570.204 or § 570.455).
(b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative
or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise -et
have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who
are in a position to participate in a decision making process or gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an
interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.;.
For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project,
and shall cover any such interest or benefit during, or at any time after, such person's tenure.
(c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person
who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any
designated public agencies, or subrecipients which are receiving funds under this part.
(d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an
exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such
an exception will serve to further the purposes of the Act and the effective and efficient administration of the
recipient's program or project. An exception may be considered only after the recipient has provided the
following:
(1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been
public disclosure of the conflict and a description of how the public disclosure was made; and
(2) An opinion of the recipient's attorney that the interest for which the exception is sought would
not Violate State or local law.
Prohibition Against Conflicts of Interest
EXHIBIT CI, page 2 of 4
(e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the
recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the
cumulative effect of the following factors, where applicable:
(1) Whether the exception would provide a significant cost benefit or an essential degree of
expertise to the program or project which would otherwise not be available;
(2) Whether an opportunity was provided for open competitive bidding or negotiation;
(3) Whether the person affected is a member of a group or class of low or moderate income
persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to
receive generally the same interests or benefits as are being made available or provided to the group or class;
(4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the
decision making process with respect to the specific assisted activity in question;
(5) Whether the interest or benefit was present before the affected person was in a position as
described in paragraph (b) of this section;
(6) Whether undue hardship will result either to the recipient or the person affected when weighed
against the public interest served by avoiding the prohibited conflict; and
(7) Any other relevant considerations.
Prohibition Against Conflicts of Interest
Exhibit CI, page 3 of 4„
TOPIC: CONFLICT OF INTEREST CODED
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These
Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and
Federally Recognized Indian Tribal Governments" require that grantees and sub -grantees will maintain a
written code of standards of conduct governing the performance of their employees engaged in the award and
administration of contracts.
1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the
administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be
involved.
2) Such a conflict will arise when:
i) The employee, officer or agent;
ii) Any member of the immediate family;
iii) His/Her partners, or;
An organization which employs, or is about to employ any of the above has a financial or other
interest in the firm's selection for award.
3) The grantee's or sub -grantee's officers, employees or agents will neither solicit nor accept gratuities,
favors or anything of monetary value from contractors or parties to sub -agreements except as noted in Section
4.
4) A grantee's or sub -grantee's officers, employees or agents will be presumed to have a financial interest
in a business if their financial interest exceeds the following:
i) Any business entity in which the official has a direct or indirect investment worth one thousand
dollars ($1,000) or more.
ii) Any real property in which the official has a direct or indirect interest worth one thousand
dollars ($1,000) or more.
Prohibition Against Conflicts of Interest
Exhibit CI, page 4 of 4
TOPIC: CONFLICT OF INTEREST CODE
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
iii) Any source of income, other than gifts and other than loans by a commercial lending institution
in the regular course of business on terms available to the public without regard to official
status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or
promised to the official within 12 months prior to the time when the decision is made.
iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or
holds any position of management.
v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two -
hundred fifty dollars ($250) or more in value provided to, received by, or promised to the
official within 12 months prior to the time when the decision is made.
For purposes of Section 4, indirect investment or interest means any investment or interest owned by
spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust
in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or
beneficially a 10-percent interest or more.
EXHIBIT "R"
CONSTITUTIONAL PROHIBITION
Page 1 of
In accordance with First Amendment Church/State Principles, as a general rule, CDBG/ESG assistance
may not be used for religious activities or provided to primarily religious entities for any activities,
including secular activities. The following restrictions and limitations therefore apply to the use of
CDBG/ESG funds.
(1) CDBG/ESG funds may not be used for the acquisition of property or the construction or
rehabilitation (including historic preservation and removal of architectural barriers) of structures to be
used for religious purposes or which will otherwise promote religious interests. This limitation includes
the acquisition of property for ownership by primarily religious entities and the construction or
rehabilitation (including historic preservation and removal of architectural barriers) of structures owned
by such entities (except as permitted under paragraph (j) (2) of this section with respect to rehabilitation
and under paragraph (j) (4) of this section with respect to repairs undertaken in connection with public
services) regardless of the use to be made of the property or structure. Property owned by primarily
religious entities may be acquired with CDBG/ESG funds at no more than fair market value for a non-
religious use.
(2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily religious
entities to be used for a wholly secular purpose under the following conditions:
(i) The building (or portion thereof) that is to be improved with the CDBG/ESG
assistance has been leased to an existing or newly -established wholly secular entity (which may be an
entity established by the religious entity);
(ii) The CDBG/ESG assistance is provided to the lessee (and not the lessor) to make
the improvements;
(iii) The leased premises will be used exclusively for secular purposes available to
persons regardless of religion;
(iv) The lease payments do not exceed the fair market rent of the premises as they
were before the improvements are made;
(v) The portion of the cost of any improvements that also serve a non -leased part of
the building will be allocated to and paid for by the lessor;
(vi) The lessor enters into a binding agreement that unless the lessee, or a qualified
successor lessee, retains the use of the leased premises for a wholly secular purpose for at least the
useful life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of
the improvements;
(vii) The lessee must remit the amount received from the lessor under subparagraph
(2)(vi) of this section to the recipient or subrecipient from which the CDBG/ESG funds were derived.
EXHIBIT "R"
CONSTITUTIONAL PROHIBITION
Page 2 of 2
The lessee can also enter into a management contract authorizing the lessor religious entity to use the
building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such
case, the religious entity must agree in the management contract to carry out the secular purpose in a
manner free form religious influences in accordance with the principles set forth in paragraph (j)(3) of
this section.
(3) As a general rule, CDBG/ESG funds may be used for eligible public services to be
provided through a primarily religious entity, where the religious entity enters into an agreement with
the recipient or subrecipient from which the CDBG/ESG funds are derived that, in connection with the
provision of such services:
(i) It will not discriminate against any employee or applicant for employment on the
basis of religion and will not limit employment or give preference in employment to persons on the basis
of religion.
(ii) It will not discriminate against any person applying for such public services on
the basis of religion and will not limit such services or give preference to persons on the basis of
religion;
(iii) It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no other religious influence in the
provision of such public services;
(iv) The portion of a facility used to provide the public services shall contain no
religious symbols or decorations, other than those permanently affixed to or part of the structure.
(4) Where the public services provided under paragraph (j)(3) of this section are carried out
on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor
repairs to such property which are directly related to carrying out the public services where the cost
constitutes in dollar terms only an incidental portion of the CDBG/ESG expenditure for the public
services.
EXHIBIT "S", page 1 of 1
Economic Opportunities for Section 3 Residents and Section 3 Business Concerns
Sec. 135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):
A. The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of
section 3 is to ensure that employment and other economic opportunities generated by HUD assistance
or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low -
and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with
the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which _
the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the —
labor organization or workers' representative of the contractor's commitments under this section 3
clause, and will post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice shall describe the
section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing assistance,
section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent
feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -
owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
EXHIBIT A
Page 1 of 6
File: 3.SJ118
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City of San 'Jacinto
ADDRESS: 248 Main Street
San Jacinto, CA 92583
CITY PROGRAM CONTACTS: cdt Pv a Pa sa nald ParlPVP i rpm-n+
Manager
SUBRECIPIENT NAME -
ADDRESS:
PROGRAM CONTACT:
PHONE: (951) 487-7320 FAX: (951) 654-3728
E-MAIL:
PROJECT NAME: Retired & Serior Volunteer Program
PROJECT LOCATION- 41 R F 71 nri Ala AvP , HPmet, rA 97543
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY:
1ST District $0 4`h District SO
2ne District $0 5`h District $0
3rd District $0 City Funding S4, 347
Project to be administered by County (EDA) on behalf of CITY: YES E NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2006-2007 Community Development Block Grant
for the Retired and Senior Volunteer Program in a manner satisfactory to the County of
Riverside and consistent with any standards required as a condition of providing these funds.
Such program will include the following activities eligible under the Community Development
Block Grant program:
EXHIBIT A
Page 2 of 6
File: 3. SJ 118
Activity #1 The Retired and Senior Volunteer Program places senior volunteers at more than
forty volunteer work sites throughout San Jacinto and Wester Riverside County.
CDBG funds will be used for salaries, benefits, rent, and the purchase of
equipment used by the Retired and Senior Volunteer Program.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: Low -Mod Clientele Income Certification
CFR Reference: 570.208 (a) (2) (i)
C. Levels of Accomplishment — Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units Total Total
per Month Units/Year Unduplicated Persons
Activity #1 10 50 50
Unit of Service is defined as: Low-income persons placed by the Retired and Senior Volunteer
Program.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): X Creating Suitable Living Environments
C Providing Decent Affordable Housing
_ Creating Economic Opportunities
Outcome (select one): ® Availability/Accessibility
n Affordability
Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in snatching funds, or any other event that could
potentially impact City's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT A
Page 3 of 6
File: 3.SJ118
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $4.347. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item Amount
Direct Program Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other (Specify)
3,000
1,000
347
Total Direct Program Costs $ 4,347
Indirect Costs (Specify)*
Total Indirect Costs
TOTAL CDBG BUDGET $ 4,347
EXHIBIT A
Page 4 of 6
File: 3.SJ118
All indirect costs must be pre -approved by the County. City must submit an
Indirect Cost Allocation Plan to County, in a form specified by County,
demonstrating the appropriate share of general and administrative costs.
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis
C. Documentation and Record Keeping
1. Records to be Maintained
The City and its subrecipients will maintain all records required by the Federal
regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR
84.21-28; and
vii. Other records necessary to document compliance with Subpart K
of 24 CFR Part 570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention
period begins on the date of the submission of the County's annual performance and
evaluation report to HUD in which the activities assisted under the Agreement are
EXHIBIT A
Page 5 of 6
File: 3.SJ118
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-
year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City's responsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control over CDBG funds, including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made
available to the County, HUD, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an annual agency audit conducted in
accordance with current County policy conceming subrecipient audits and OMB Circular
A-133.
EXHIBIT A
Page 6 of 6
File: 3.SJ118
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, CITY will perform and complete the activities described in
Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone
Execute Subrecipient Agreements
(EDA must approve)
Implement Program Activities
Execute Supplemental Agreement
& Notice to Incur Cost
City Submit Quarterly
Performance Reports to County
Start Date Completion Date
July 1, 2006
July 1, 2006
November, 2006
October 15, 2006
January 15, 2007
April 15, 2007
July 31, 2007
October, 2006
June 30, 2006
November, 2006
County Monitoring of City On going On going
Performance
City submit Monthly October, 2006 July 2007
Direct Benefit Reports
City Submits Reimbursement
Requests
Monthly Submittal ® September 2006
Other Schedule
Mav 15, 2007
CDBG Program Services Complete June 30, 2007
EXHIBIT B
Page 1 of 6
File: 3.SJ119
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK (NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
CITYNAME: City of .San Tar intn
ADDRESS: ?AR Main 5'trPPt
San Jacinto, CA 92583
PROGRAM CONTACTS: Steven Pasarow, Redevelopment Operations
Manager
PHONE: (951) 487-7320 FAX: (951) 654-3728
E-MAIL:
PROJECT NAME: Curb. Gutter & Sidewalk Infi11 Improvements
PROJECT LOCATION: Various locations within County approved
Low/Mod Areas
LEVEL OF ENVIRONMENTAL CLEARANCE:
CDBG ELIGIBILITY CODE:
PROJECT FUNDING SUMMARY:
1ST District $0 4t .District $0
2"d District $0 5th District $0
3rd District $0 City Funding $163, 499
Project to be administered by County (EDA) on behalf of City: YES E NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2006-2007 Community Development Block Grant
for the Curb, Gutter & Sidewalk Infill Improvements in a manner satisfactory to the County of
Riverside and consistent with any standards required as a condition of providing these funds.
Such program will include the following activities eligible under the Community Development
Block Grant program:
Activity #1 CDBG funds will be used for the design and construction of ADA compliant
sidewalks, driveway approaches and ramps within the low income areas of San
Jacinto.
EXHIBIT B
Page 2 of 6
File: 3.S7119
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the
activity(ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: Low Mod Area
CFR Reference: 570.208 (a)(1)(i
C. Levels of Accomplishment — Goals and Performance Measures
The City agrees to implement and complete the following activity (ies):
Activity #1 Design and Construction of ADA compliant sidewalks, drieway approaches and ramps.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): I Creating Suitable Living Environments
n Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): E Availability/Accessibility
E Affordability
® Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of
trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and
permitting, and sufficient amount of financial resources necessary to implement and carry out the
activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
EXHIBIT B
Page 3 of 6
File: 3.SJ119
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $163,449. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item Amount
Design/Engineering Costs $ 25,000
Project Administration Costs
Construction Costs $ 138,449
Acquisition Costs
Relocation Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Other
TOTAL CDBG BUDGET $ 163,449
EXHIBIT B
Page 4 of 6
File: 3.SJ119
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and,procedures required therein, utilize adequate intemal controls,
and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis
C. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified
in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement.
Such records shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.50-2, and 24 CFR
84.21-28; and
vii. Other records necessary to document compliance with Subpart K
of 24 CFR Part 570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention
period begins on the date of the submission of the County's annual perfoiivance and
evaluation report to HUD in which the activities assisted under the Agreement are
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
EXHIBIT B
Page 5 of 6
File: 3.SJ119
audits, negotiations or other actions that involve any of the records cited and that have
started before theexpiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-
year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City's responsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the teiuis of this Agreement shall remain in effect during any
period that the City has control over CDBG funds, including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made
available to the County, HUD, and the Comptroller General of the United States or any of
their authorized representatives, at any time during noumal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an annual agency audit conducted in
accordance with current County policy concerning subrecipient audits and OMB Circular
A-133.
EXHIBIT B
Page 6 of 6
File: 3.SJ119
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, City will perform and complete the activities described
in Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date
Implement Project Activities December, 2006
Execute Supplemental Agreement November, 2006
& Notice to Incur Cost
Submit Quarterly Performance
Reports to County
County Monitoring of City On going
Program/Performance
City Submits Reimbursement
Requests
Monthly Submittal E
Other Schedule
Completion Date
November, 2006
October 15, 2006
January 15, 2007
April 15, 2007
July 31, 2007
October 31, 2007
January 31, 2008 _
April 30, 2008
TBD TBD
CDBG-funded Project Complete May, 2008
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City must submit construction documents to EDA for approval.
EXHIBIT C
Page 1 of 6
File: 3.SJ120
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK (NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME• City of San .Terri nto
ADDRESS: 94R Mari Street
San Jacinto, CA 92583
PROGRAM CONTACTS: Steven Pasarow, Redevelopment Operations
Manager
PHONE: (951) 487-7320 FAX: (951) 654-3728
E-MAIL:
PROJECT NAME: Neighborhood Clean Up Program
PROJECT LOCATION: Various Locations
LEVEL OF ENVIRONMENTAL CLEARANCE:
CDBG ELIGIBILITY CODE:
PROJECT FUNDING SUMMARY:
1ST District SO
2"d District SO
3rd District SO
4th District $0
5th District $0
City Funding $4 , 3 4 7
Project to be administered by County (EDA) on behalf of City: YES E NO EK
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2006-2007 Community Development Block Grant
for the Neighborhood Clean Up Program in a manner satisfactory to the County of Riverside and
consistent with any standards required as a condition of providing these funds. Such program
will include the following activities eligible under the Community Development Block Grant
program:
Activity #1 The city of San Jacinto's Neighborhood Cleanup Program will address blighted
property conditions by providing an "interim assistance" cleanup program in
coordination with the City's code enforcement program. The program will assist
in the cleanup of targeted properties of debris, trash, and other unwanted items.
CDBG funds will be used for program expenses:
EXHIBIT C
Page 2of6
File: 3.S1120
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the
activity(ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: Low Mod Area
CFR Reference: 570.208 (a)(1)(i)
C. Levels of Accomplishment — Goals and Performance Measures
The City agrees to implement and complete the following activity (ies):
Activity #1 Neighborhood Clean Up Program will address blighted property conditions. The
cleanup of targeted properties of debris, trash, graffiti and other unwanted items.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ED Creating Suitable Living Environments
C Providing Decent Affordable Housing
Creating Economic Opportunities
Outcome (select one):
D. City Capacity
❑ Availability/Accessibility
❑ Affordability
Sustainability (promoting livable or viable communities)
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of
trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and
permitting, and sufficient amount of financial resources necessary to implement and carry out the
activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
EXHIBIT C
Page 3 of 6
File: 3. SJ 120
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $4.347. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item Amount
Design/Engineering Costs $
Project Administration Costs
Construction Costs
Acquisition Costs
Relocation Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance $ 4,347
Other
TOTAL CDBG BUDGET $ 4,347
EXHIBIT C
Page 4 of 6
File: 3.57120
III, ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and*.procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis
C. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified
in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement.
Such records shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR
84.21-28; and
vii. Other records necessary to document compliance with Subpart K
of 24 CFR Part 570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention
period begins on the date of the submission of the County's annual perfounance and
evaluation report to HUD in which the activities assisted under the Agreement are
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be retained
EXHIBIT C
Page 5 of 6
File: 3.SJ120
until completion of the actions and resolution of all issues, or the expiration of the five-
year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City's responsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control over CDBG funds, including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made
available to the County, HUD, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an annual agency audit conducted in
accordance with current County policy concerning subrecipient audits and OMB Circular
A-133.
EXHIBIT C
Page 6 of 6
File: 3,SJ120
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, City will perform and complete the activities described
in Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date
Implement Project Activities December, 2006
Execute Supplemental Agreement November, 2006
& Notice to Incur Cost
Submit Quarterly Performance
Reports to County
County Monitoring of City On going
Program/Performance
Specific Project Activities
City Submits Reimbursement
Requests
Monthly Submittal
Other Schedule
Completion Date
November, 2006
October 15, 2006
January 15, 2007
April 15, 2007
July 31, 2007
CDBG-funded Project Complete June, 2007
EXHIBIT D
Page 1 of 6
File: 3.SJ121
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City of San Jacinto
ADDRESS: 248 Main Street
San Jacinto, CA 92583
CITY PROGRAM CONTACTS: Steven Pasarow, Redevelopment Operations
manager
SUBRECIPIENT NAME -
ADDRESS:
PROGRAM CONTACT:
PHONE: (951) 487-7320 FAX: (951) 654-3728
E-MAIL:
PROJECT NAME: San Jacinto Police Activities Teague. (PAL)
PROJECT LOCATION• PO Rox FR1, San ,Tarini-n, C'A 92R1
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY:
1ST District $0 4th District $0
Ind District $0 5th District $0
3rd District $0 City Funding $8, 694
Project to be administered by County (EDA) on behalf of CITY: YES
II. SCOPE OF SERVICE
A. Activities
NO
City will be responsible for administering a 2006-2007 Community Development Block Grant
for the San Jacinto Police Activities League, (PAL) in a manner satisfactory to the County of
Riverside and consistent with any standards required as a condition of providing these funds.
Such program will include the following activities eligible under the Community Development
Block Grant program:
EXHIBIT D
Page 2 of 6
File: 3.SJ121
Activity#1 The Police Activities League (PAL) Program provides leadership training;
sports, recreational, and educational activities for youth ages 8-18. CDBG
funds will be used for staff' salaries, program supplies, and other necessary
expenses.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: Low Mod Limited Clientele Income Certification
CFR Reference: 570.208 (a)(2)(i)(B)
C. Levels of Accomplishment — Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Activity #1
Units Total Total
Der Month Units/Year Unduplicated Persons
300 300
Unit of Service is defined as: Youth participating in the PAL activities.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): M Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ❑ Availability/Accessibility
❑ Affordability
® Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT D
Page 3 of 6
File: 3.SJ121
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or teuuination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $8.694. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and.
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item Amount
Direct Program Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other (Specify)
$ 8,694
Total Direct Program Costs $ 8,694
Indirect Costs (Specify)*
Total Indirect Costs
TOTAL CDBG BUDGET $ 8,694
EXHIBIT D
Page 4 of 6
File: 3.SJ121
* All indirect costs must be pre -approved by the County. City must submit an
Indirect Cost Allocation Plan to County, in a form specified by County,
demonstrating the appropriate share of general and administrative costs.
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis
C. Documentation and Record Keeping
1. Records to be Maintained
The City and its subrecipients will maintain all records required by the Federal
regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR
84.21-28; and
vii. Other records necessary to document compliance with Subpart K
of 24 CFR Part 570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement fora period of five (5) years. The retention
period begins on the date of the submission of the County's annual performance and
evaluation report to HUD in which the activities assisted under the Agreement are
EXHIBIT D
Page 5 of 6
File: 3.SJ121
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-
year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City's responsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control over CDBG funds, including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made
available to the County, HUD, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an annual agency audit conducted in
accordance with current County policy concerning subrecipient audits and OMB Circular
A-133.
EXHIBIT D
Page 6 of 6
File: 3.SJ121
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, CITY will perform and complete the activities described in
Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone
Execute Subrecipient Agreements
(EDA must approve)
Implement Program Activities
Execute Supplemental Agreement
& Notice to Incur Cost
City Submit Quarterly
Performance Reports to County
County Monitoring of City
Performance
City submit Monthly
Direct Benefit Reports
City Submits Reimbursement
Requests
Monthly Submittal
Other Schedule
n
CDBG Program Services Complete
Start Date Completion Date
July 1, 2006
July 1, 2006
November, 2006
June 30, 2007
November, 2006
October 15, 2006_._-
January 15, 2007
April 15, 2007
July 31, 2007
On going On going
September 2006 July 2007
September 2006 May 15, 2007
June 30, 2007
EXHIBIT E
Page 1 of 2
File: 0.752
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK -- PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City of San Jacinto
ADDRESS: 248 Main Street
San Jacinto, CA 92583
CITY PROGRAM CONTACTS: Steven Pasarow. Redevelopment Opera t; ons
Manager
SUBRECIPIENTNAME: Assistance League of Hemacinto
ADDRESS: 180 North Girard Street, Hemet, CA 92544
PROGRAM CONTACT: Fern Biddy, Grants Chairman
PHONE: (951) 487-7320 FAX: (951) 654-3728
E-MAIL:
PROJhCTNAME: Operation School Bell - San Jacinto Valley
PROJECT LOCATION: 71 ementa ry Sr•hool s - Hemet and San Jari ntn
School Districts
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY:
1ST District $0 4th District $0
2°d District $0 5th District $0
3rd District $5000 City Funding $4, 347
Project to be administered by County (EDA) on behalf of CITY: YES ® NO ❑
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2006-2007 Community Development Block Grant
for the Operation School Bell - San Jacinto Valley in a manner satisfactory to the County of
Riverside and consistent with any standards required as a condition of providing these funds.
Such program will include the following activities eligible under the Community Development
Block Grant program:
EXHIBIT E
Page 2 of 2
File: 0.752
Activity #1 The Operation School Bell Program will provide clothes and school supplies to
children of low-income families in the Hemet and San Jacinto Unified School
Distri cts. CDBG fiends will be used to purchase clothing, backpacks, and school
supplies.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: T ow Mod T imited Clientele "Income Certification
CFR Reference: 570.208 (a)(2)(i)(B)
AGENDA ITEM 4,
November 16, 2006
TO: Honorable Mayor and Members of the City Council
FROM: Steven G. Pasarow, Redevelopment Operations Manager co 6)l
SUBJECT: Community Development Block Grant (CDBG) Public Hearing for Selection
of Projects and Programs for Fiscal Years 2007/2008/2009
RECOMMENDATION:
Staff recommends that the City Council:
1. Conduct a Public Hearing to consider comments regarding the use of
Community Development Block Grant (CDBG) funds for Program Year 2007
through Program Year 2009;
2. By Motion, approve the Public Service Program funding recommended by the
City Council Subcommittee for Program Year 2007/2008.
3. By Motion, approve the Community Facilities Project recommended by the City
Council Subcommittee and funded for Program Years 2007/2008 and 2008-
2009.
BACKGROUND:
The City of San Jacinto receives an annual allocation of Federal dollars through the U. S.
Department of Housing and Urban Development's Community Development Block Grant
(CDBG), Program. These funds are provided to cooperating cities through the Riverside
County Economic Development Agency (EDA). For Fiscal Year 2007/2008, the City
expects to receive approximately $185,000. Of this amount, not more than 15%, or
$27,750 may be used for Public Service Programs and Activities that benefit the low and
moderate income population of the community and the balance of available funds must be
utilized for Public Facilities Projects, i.e., construction of infrastructure and like
improvements, and programs such as providing low income housing, economic
development, and code enforcement. Also, Councilman Ayres requested staff to explore
more than a single -year allocation in order to accelerate the sidewalk installation in original
areas of the city.
Page 1 of 5
Approvals
City Manager.
Finance Director. 1
DISCUSSION
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 through
a formula based on total 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
at least one of the three 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 needs having a particular urgency.
Programs and/or projects must also meet the eligibility requirements of the Riverside
County CDBG program, through which the City of San Jacinto receives its annual funding
allocation. While the CDBG program allows for funding of Public Services, the program
does not require that any specific amount of funds be utilized for Public. Service Programs,
just that not more than 15% of the total allocation be utilized for Public Service Programs.
The CDBG program does allow local jurisdictions to utilize 100% of their allocation for
Public Facilities Projects at the discretion of the local governing board.
Although the City anticipates its allocation to be $185,000 for the 2007-2008 Program
Year, this is not a guaranteed amount and may in fact, be adjusted upward or downward by
HUD depending upon funding availability and other circumstances. Our actual allocation
will not be known until early into calendar year 2007. In each of the past two years, the
City's allocation was reduced by approximately 9% and 17% each year. If our allocation
for 2007-08 differs greatly from the amount anticipated in this report, the Economic
Development Agency will determine the actual dollar amount that each City Council
approved program and project will receive, based upon the allocation of funds that they
receive from HUD.
As a requirement of receiving CDBG funds, the City must provide the opportunity for public
comment regarding proposed program and project funding. This Public Hearing provides
that opportunity for the public. The City Council Sub -Committee has reviewed all
applications received and provided its recommendations for the full City Council's review.
The City Council may, after taking public comment, choose to fund all or part of the
programs and projects recommended by the Committee or consider other requests from
the public or from the members of the City Council to fund programs or projects for which
no application has been prepared as yet.
If all funds are not allocated during this Public. Hearing, another Public Hearing is
scheduled for December 07, 2006, if necessary, to allow the City Council to allocate the
remaining funds to programs and projects. These meetings allow for public input and for
the City Council to allocate funding to those programs and projects that it feels best fit the
Page 2 of 5
needs of the community. A Notice of Funding Availability was published in The Valley
Chronicle during the weeks of September 1, 8, and 15, 2005. That notice also indicated
the date that this Public Hearing would be held.
The City received a total of seven applications for non-profit sponsored Public Service
Programs requesting funding in the amount of $87,000 and two City sponsored
applications for Code Enforcement in the amount of $8,000, and for Public Works Curb
Gutter and Sidewalks installation within the low income census tracts over a two-year
period in the amount of $370,000.
All of these applications have been reviewed and evaluated by the Sub -Committee and
their recommendation is as follows:
PUBLIC SERVICE PROGRAM:
Police Activities League
(one year) Valley Wide Parks and Recreation District
PUBLIC FACILITITES PROGRAM:
Curb, Gutter and Sidewalks Installation
(two years) City of San Jacinto
$ 10,000
$360,000
The Sub -Committee's recommendation is that only the Police Activities League should
receive Public Service funding and only for the Program Year 2007-08 in the amount of
$10,000 and the balance of the 2007-08 funds approximately $175,000 plus the entire
2008-09 allocation of $185,000 should be allocated to the Sidewalks, Curbs and Gutters
Installation Project in the targeted low-income census tracts. This two-year funding
coupled with other available funds should be enough to complete the infill needs of the City
for curbs, gutters and sidewalks in one continuous program rather than providing for
separate projects over many years with smaller annual amounts of available CDBG funds.
A summary of all applications has been provided on the attached summary page.
In late October, the Economic Development Agency prepared and issued a Memorandum
to all recipients of CDBG funds in which it specifies that beginning with the 2007-2008
Program Year the EDA is instituting a minimum program activity funding limit and that "the
County will not accept or approve any proposed CDBG activity in an amount less than
$10,000". Faced with this new ruling by the EDA, the Sub -Committee determined that
funding many Public Service Programs at a minimum of $10,000 would not leave adequate
funds for the Public Facilities Project that they wish to fund and thus decided not to
recommend funding additional Public Service Programs beyond the PAL program for
2007-2008. The Sub Committee also noted that funding for Code Enforcement is being
provided through the General Fund and is no longer funded through the CDBG Program
allowing those dollars to be better utilized for Public Facilities Projects.
The completed 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 Riverside County Board of Supervisors (Board).
Page 3 of 5
The Board is expected to take action on the City's approved programs and projects to be
funded as part of the County's One -Year Action Plan for Program Year 2007/2008 in the
late spring of 2007. Funds for approved programs and projects are anticipated to be
available on July 01, 2007.
BUDGETARY IMPACT:
The City expects to receive an allocation of $185,000 in CDBG funding for FY 2007/2008
and the same amount in 2008/2009. The City must provide adequate general funds to
cover the cost of the programs and projects it approves and seek reimbursement for
program and project expenditures from the County of Riverside Economic Development
Agency as those funds are expended. The CDBG funds must be used for eligible
programs and projects that benefit low and moderate -income persons and areas. No
administrative costs are provided for program and project management by City staff.
Community Development Block Grant Program Summary
Program Year 2007/2008 & 2008/2009
Total FY 2007-08 Funding Anticipated to be Available: $185,000
Total FY 2008-09 Funding Anticipated to be Available: $185,000
TOTAL: $370,000
Total Funds Requested for Public Facilities (2007-2009) $370,000
Total Funds Requested non-profit Public Services) (2007-08) $ 87,000
Total Funds Requested for Code Enforcement (2007/08) $8,000
TOTAL: $465,000
TOTAL FUNDS RECOMMENDED FOR PUBLIC FACILITIES
Program Year One (2007/2008) $175,000
Program Year Two (2008/2009) $185,000
TOTAL .FUNDS RECOMMENDED FOR PUBLIC SERVICES
Program Year 2007/2008 only $ 10,000
TOTAL: $370,000
Page 4 of 5
Summary of Applications for CDBG Funding & Sub Committee Recommendations
Applicant
Public Service Programs/Projects
Funding
PAL Program
Valley Wide Park and Rec. Dist.
Provides salaries and benefits for program
coordinator(s)
$10,000.00
Operation School Bell
Assistance League of Hemicinto
Provides funds for purchase of school materials
and clothing of low income children
$00.00
Retired and Senior Volunteer
Program
Central County United Way
Provide seniors with opportunities to work with
community based organizations
$00.00
Foster Grand Parent Program
Central County United Way
Provides for low income seniors to serve as
mentors and tutors to school age children
00.00
Youth Sports Scholarship
Prog.
Valley Wide Park and Rec. Dist.
Provides funds to keep tuition and other fees for
sports and recreational programs affordable to
children of low income families
00.00
Residential Elderly &
Disabled Care Program
Kathleen Marie Gonzales, RN,
LVN
Provides funds for in -home care and services to
low income qualified and disabled elderly
persons by Ms. Gonzales.
00.00
Tree Trimming, Removal and
Replacement Program
La Vista Recovery and
Wholeness Center for Women
Provides funds for tree and shrub trimming and
removal and replacement on the grounds of the
La Vista Women's Center.
Does Not Qualify
for funding
Total Public Service Funding:
$10,000.00
Applicant
Public Facilities/Code Enforcement
Programs/Projects
Funding
Neighborhood Cleanup
City of San Jacinto Code
Enforcement
Provides funds for Code Enforcement within the
CDBG target Area
$00.00
Curb, Gutters and Sidewalks
Installation Project
City of San Jacinto Engineer
Provides funds for the installation of sidewalks,
curbs and gutters and handicap access ramps
within the downtown area target area
YEAR ONE
$175,000.00
YEAR TWO
$185,000.00
Total Public Facilities Service Funding(2007-2008):
$175,000.00
$185,000.00
TOTAL FUNDING 2007-2008:
Total Public Facilities Service Funding(2008-2009):
$185,000.00
TOTAL FUNDING 2007-2009:
$370,000.00
Page 5 of 5
A EN A
ACTION MINUTES
REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL
NOVEMBER 16, 2006 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 Dale Stubblefield called the regular meeting of the San Jacinto City
Council to order at 7:02 p.m.
1.2 Roll Call
Present: Jim Ayres, Chris Carlson Buydos, Robert Ritchie, Ken Shaw,
Dale Stubblefield
Absent: None
1.3 Invocation
Reverend Bob Sauter, Faith Tabernacle, gave the invocation.
1.4 Pledge of Allegiance
Vice Mayor Ken Shaw, led the Pledge of Allegiance.
Agenda item 5.2 heard at this time.
5.2 Street Naming Policy / Direct Staff / Assistant City Manager
M/S/C (Ayres / Chris) moved to have policy to name streets after fallen City
Council, or public safety, or police and directed staff to bring back in
a resolution. Motion carried 5/0.
Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield
Nays: None
Absent: None
Abstain: None
1.5 Special Presentations
City Council Action Minutes
November 16, 2006
Page 2 of 8
1.5.1 Presentation to Mrs. Ayala / Council Member Jim Ayres
Presentation of Street Sign dedication to Mrs. Gloria Ayala, mother of
Mr. Daniel Najera, fallen firefighter in the recent Esperanza fires.
Council Member Robert presented street sign to Mrs. Ayala.
Mayor Stubblefield recessed the regular meeting at 7:11 p.m.
Mayor Stubblefield reconvened the regular meeting at 7:24 p.m,
1.5.2 Business Spotlight of the Month / H & R Block / Economic
Development Specialist
Mayor Stubblefield presented plaque to recipients Jerry & Deanna
Franklin owners of H & R Block.
1.5.3 Special recognition of the following people for their donation
time and materials for the Joe Pink Memorial dedication on
Veterans Day, November 11, 2006:
Bruce Atherton — CED, Inc.
Mark Christie — Christie Steel
Joe Ochoa — Talley and Ochoa Company
Item 1.5.3 was continued until the December 7, 2006 Regular
Council meeting.
1.5.4 Employee of the Quarter / Randy Williams / City Manager
Assistant City Manager Tim Hults presented award to Randy
Williams.
2. PUBLIC COMMENTS:
There were no requests to speak.
3. CONSENT CALENDAR
3.1 Warrants at November 16, 2006 / Approve / Finance Director
3.2 Action Minutes November 2, 2006 regular meeting / Approve / City
Clerk
3.3 Treasurer's Report at August 31, 2006 / Approve / City Clerk
City Council Action Minutes
November 16, 2006
Page 3 of 8
3.4 Ordinance No. 06-26 / An ordinance approving Change of Zone 10-06
/ / Approve second reading and adopt Ordinance No. 06-26 and by
further motion read by title only:
An Ordinance of the City Council of the City of San Jacinto,
California Approving a Change of Zone of Tract 34364 from
Agriculture (A) to Residential Agriculture Accessory
Business (RAAB), Located South Side of Ramona Boulevard
Approximately 400 Feet Northwest of Chase Street
/ Assistant City Manager
3.5 Acceptance of Right of Way Dedication and Storm Drain Easement
from Lennar Homes of California Inc and Joseph W Ward And
Jeanette Ward Revocable Trust along east side of Lyon Avenue and
north of Cottonwood Avenue regarding future development of
T31293 and T33138 / Authorize City Manager to execute acceptance
documents / City Engineer
3.6 Acceptance of Grant of Utility Easement from Umnart Ooncharn and
Chanh Vilaysane along Cottonwood Avenue and Kirby Street T30813-
2-1 / Approve and authorize City Manager to execute / City Engineer
3.7 Santa Fe Avenue Street and Drainage Improvements — Project No.
07-007 / Approve plans and specifications and Authorize City Clerk
to advertise for bids / City Engineer
3.8 Supplemental Agreement for the Use of Community Development
Blok Grant Funds for FY 2006-2007 / Approve and Authorize Mayor
to execute / Redevelopment Operations Manager
3.9 Reprogramming of remainder of Community Development Block
Grant Funds prior year closed projects and programs to Project
Numbers 3.SJ120, 2006-07 Neighborhood Cleanup. Program
3.SJ111, 2005-0-6 Code Enforcement and Project 3.SJ119, Repair and
Replacement of Curbs, Gutters and Sidewalks / Redevelopment
Operations Manager
Agenda Item 3.2 was continued until the December 7, 2006 regular meeting.
M/S/C (Ayres / Buydos) moved to approve the balance of the Consent Calendar
as presented. Motion carried 5/0.
Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield
Nays: None
Absent: None
Abstain: None
City Council Action Minutes
November 16, 2006
Page 4 of 8
PUBLIC HEARING
4.1 Community Development Block Grant (CDBG) Public Hearing for
Selection of Projects and Programs for Fiscal Years 2007/2008/2009 /
Following public hearing Approve 1) Public Service Program funding
for program years 2007/2008 recommended by City Council
Subcommittee; and 2) Public Program funding for progra
years 2007/2008 and 2008-2009 recommended by City Council
Subcommittee / Redevelopment Operation Manager
Steven Pasarow gave the staff report.
Mayor Stubblefield opened the Public Hearing at 7:45 p.m.
Jacob Arana, 927 Commonwealth, San Jacinto
Valarie. Rangel, 901 W. Esplanade, San Jacinto
Mayor Stubblefield closed the Public Hearing at 7:50 p.m.
City Clerk Chouinard reported there were no written protests.
M/S/C (Ayres / Shaw) moved to approve as presented. Motion carried 5/0.
Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield
Nays: None
Absent: None
Abstain: None
4.2 Appeal of Planning Commission's Decision — Appellant: Kalpesh
Homes / Uphold Engineering Condition of Approval No. 17 for
Tentative Tract Map Nos. 32080 and 32555 / City Engineer
Mayor Stubblefield opened the Public Hearing at: 8:05 p.m.
• Sandeep Kalpesh, applicant, spoke
Applicant gave Council 2 maps for clarification of location.
Mayor Stubblefield closed the Public Hearing at 8:10 p.m.
M/S/C (Buydos / Ayres) moved to uphold the Planning Commission's decision and
engineering condition No. 17 to include No. 27 in denial of applicant's
appeal. Motion carried 5/0.
Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield
City Council Action Minutes
November 16, 2006
Page 5 of 8
Nays: None
Absent: None
Abstain: None
4.3 General Plan Amendment 06-05 / Change of Zone 15-05 and Tentative
Parcel Map No. 34515 and Conditional Use Permit (CUP) 14-05 to
facilitate a senior apartment development located on the northeast
corner of Esplanade Avenue and Palm Avenue / Approve and Adopt
Resolution No. / A Resolution denying General Plan Amendment
06-05, Change of Zone 15-05, Tentative Parcel Map No. 34515 and
CUP 14-05
Assistant City Manager Tim Hults gave the staff report recommending
Council to uphold the Planning Commission's denial of the Change of Zone
request No. 15-05.
Mayor Stubblefield opened the Public Hearing opened at 8:20 p.m.
• Ian Brown, 10 Belair, Laguna Nigel, representing DBN Development„
27032 Rocking Horse Lane, Laguna Hills, 92653
• Nick Shouten, representing Valley Wide Recreation, 901 W. Esplanade
• Sam Goepp, Executive Director Valley Wide Park District, 901 W.
Esplanade
Mayor Stubblefield closed the Public Hearing at 8:37 p.m.
Mayor Stubblefield reopened the Public Hearing at 8:38 p.m.
City clerk mentioned letter received dated November 13, 2006.
• Ian Brown returned to the podium to respond to letter.
Mayor Stubblefield reclosed the Public Hearing at 8:41 p.m.
• Ian Brown returned to the podium to respond to letter.
M/S/C (Buydos / Stubblefield) moved to deny General Plan Amendment 06-05,
Change of Zone 15-05) Motion carried 4/1.
Ayes: Ayres, Buydos, Ritchie, Stubblefield
Nays: Shaw
Absent: None
Abstain: None
Mayor Stubblefield recessed the regular meeting at 8:52 p.m.
City Council Action Minutes
November 16, 2006
Page 6 of 8
Mayor Stubblefield reconvened the regular meeting at 9:07 p.m.
Council Member Ayres away from the dais.
5. STAFF REPORTS
5.1 Modification of the Law Enforcement Contract with Riverside County
/ Approve proposal to add the position of Crime Analyst (.5 FY) /
Authorize Mayor to execute / Chief of Police
Chief of Police Lieutenant Kevin Vest gave the staff report.
There were no public comments.
M/S/C (Ritchie / Buydos) moved to approve as presented. Motion carried 4/0.
Ayes: Buydos, Ritchie, Shaw, Stubblefield
Nays: None
Absent: Ayres
Abstain: None
5.2 Street Naming Policy / Direct Staff / Assistant City Manager
This item was heard out of order following item 1.4.
5.3 Mid -County Parkway Alignment / Selection of preferred alignment /
City Manager and City Engineer
Council Member Ayres returned to the dais at 9:09 p.m.
Council Member Ken Shaw removed himself from the meeting due to a
possible conflict of interest in regards to Item 5.3
City Engineer Motlagh gave the staff report.
Mayor Stubblefield opened the Public Hearing at 9:10 p.m.
Public Comments:
Dwight Belden, representing Hopkins Real Estate Group and Bahan
Family, 17461 Darian Avenue, Irvine
• Tim Mulrenan, representing Bahan Family, 5821 Bellfield Lane, Huntington
Beach
City Council Action Minutes
November 16, 2006
Page 7 of 8
e Howard Rosenthal, representing Rastogi Trust, 26168 Grant Avenue, Valle
Vista
• Jeff Adams, representing DDR, 2950 Buskirk Avenue, #300, Walnut Creek
• Letter dated November 13, 2006 from Mr. Ian H. Brown, Executive Vice
President DBN, Laguna Hills, Ca
• Letter dated November 16, 2006 from Mr. Ian H. Brown, Executive Vice
President DBN, Laguna Hills, Ca
Mayor Stubblefield closed Public Hearing at 9:19 p.m.
Council Member Ayres motioned to eliminate northern alignment and the Ramona
alignment. Motion died due to lack of second.
City Attorney Ballinger noted a motion was not needed to say two of the alignments
would not be considered any further
• Kathy Bechtel, representing RCTC, spoke
City Manager McClellan reiterated that staff understood to eliminate the northern
alignment and the Ramona alignment.
Mayor Stubblefield recessed the Regular meeting to consider the agenda of the
Redevelopment Agency at 9:57 p.m.
Mayor Stubblefield reconvened the Regular Meeting at 9:57 p.m.
Vice Mayor Ken Shaw returned to the dais at 9:58 p.m.
6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
6.1 Committee and/or Agency Agendas / Receive and File / City Clerk
Council Members gave their reports.
7. CLOSED SESSION
None
8. ADJOURNMENT
City Council Action Minutes
November 16, 2006
Page 8 of 8
With no further business before the Council, Mayor Stubblefield adjourned the
meeting at 10:00 p.m.
ATTEST:
Dorothy L. Chouinard, City Clerk
City of San Jacinto
by Dale Stubblefield, Mayor
Approved as read:
Approved as amended:
MINUTES
REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY
of the CITY OF SAN JACINTO
NOVEMBER 16, 2006 - 9:57 p.m.
mediately Following the Regular City Council Meeting
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
ORGANIZATION
1.1 Calf to Order
Chairman Dale Stubblefield called the regular meeting of the San Jacinto
Redevelopment Agency to order at 9:57 p.m.
1.2 RoII Call
Present: Jim Ayres, Chris Carlson Buydos, Robert Ritchie, Dale
Stubblefield
Absent: Ken Shaw
PUBLIC COMMENTS
3. CONSENT CALENDAR
3.1 November 2, 2006 Regular RDA Minutes / Approve / Agency Secretary
M/S/C (Buydos / Ayres) moved to approve the Consent Calendar as presented. Motion
carried 4/0.
Ayes: Ayres, Buydos, Ritchie, Stubblefield
Nays: None
Absent: None
Abstain: None
PUBLIC HEARING
None
Redevelopment Agency Minutes
November 16; 2006
.Page 2of2
STAFF REPORTS
None
CHAIRPERSON /
EMBER_REPORTS /DISCUSS
OPEN SESSION ANNOUNCEMENTS
CLOSED SESSION
None
ADJOURNMENT
ONS
With no further business before the Board, Chairman Stubblefield adjourned the
meeting at 9:58 p.m.
San Jacinto Redevelopment Agency
By Dale Stubblefield, Mayor
ATTEST:
Dorothy L. Chouinard, Agency Secreta
ENDA ITE
December 7, 2006
TO: The Honorable Chairman and Members of the Agency Board
FROM: A. Haviva Shane, Deputy City Attorney
SUBJECT: Proposed Resolution Approving the. Grant of an Aerial Overhang
Easement, by the Redevelopment Agency of the City of San Jacinto,
Above, Over and Across Certain Agency Property for Public Utility
Purposes
RECOMMENDATION:
Staff recommends that the Agency Board, by motion, adopt the attached Resolution
approving the grant of an aerial overhang easement to Southern California Edison
"SCE") above, over and across a portion of certain real property owned by the
Redevelopment Agency of the City of San Jacinto ("Agency") for public utility purposes.
BACKGROUND:
The Agency owns certain real property located on Commonwealth Avenue commonly
described as Assessor Parcel Number 439-110-096 (the "Agency Property"). As part of
the Wal-Mart Supercenter project at the southeast corner of Commonwealth Avenue
and San Jacinto Street, SCE requires the grant of an aerial overhang easement
("Easement") above, over and across that portion of the Agency Property further
described and depicted in Exhibit "A" of the attached Resolution (the "Land"). The
purpose of the proposed Easement is to accommodate electrical systems and
communication systems in connection with a power pole to be installed at WaI-Mart's
expense and located in the public right-of-way adjacent to the Easement.
Since the above referenced power pole is also necessary for the development of the
Agency Property, grant of the proposed Easement will facilitate the future development
of the Agency Property and thus be of benefit to a future owner/developer of the Agency
Prope
Page 1 of 6
Further, since the proposed Easement is a non-exclusive, aerial overhang easement,
commencing at 18 feet above ground level, it will have only a minor effect on the future
development and use of the Agency Property. A future owner/developer of the Agency
Property will still be able to use the Land underlying the Easement for any purpose that
does not interfere with use of the Easement by SCE. The location of the proposed
Easement is adjacent to the public right-of-way, thus the underlying Land would not
likely be utilized for any purpose other than signage, retention walls or landscaping.
The proposed Easement will not restrict such uses, provided that such uses conform to
the height limitations imposed by the proposed Easement.
DISCUSSION:
As set forth in Health & Safety Code section 33430, the Agency may, for the purposes
of redevelopment, transfer, assign, pledgeor otherwise dispose of any real property or
any interest in property. Grant of the proposed Easement to SCE for public utility.
purposes will effectuate the purposes of the Redevelopment Plan for the Project Area
because it will improve the physical environment of the Project Area, and stimulate
economic growth in the Project Area.
Grant of the proposed Easement will, among other things, allow for the operation of a
traffic signal at the corner of San Jacinto Street, and Commonwealth. Avenue. Operation
of the traffic signal will be of benefit to the Wal-Mart Supercenter, as well as to all
adjacent businesses since it will facilitate the flow of vehicular traffic, making the streets
safer and promoting business retention and expansion in the Project Area. Grant of the
proposed Easement will also assist in the orderly development of the Project Area by
allowing installation of utility poles and utility lines in a straight alignment. In addition,
grant of the proposed Easement willfacilitate the opening of the WaI-Mart Supercenter
by ensuring that the public utility systems required by SCE, in connection with the
Supercenter, will be installed in a timely and efficient manner. This will promote, job
creation in the Project Area, increase economic activity in the Project Area andattract
additional businesses to the Project Area. Thus, grant of the proposed Easement will
assist in the elimination of physical and economic blighting conditions in the Project
Area.
FISCAL IMPACT:
Staff believes that grant of the proposed Easement will have minor to no negative fiscal
impact on the value of the Agency Property. As described above, installation of the
power pole adjacent to the Easement, at Wal-Mart's expense, saves a future
owner/developer of the Agency Property from such cost. In addition, as discussed
above, the proposed Easement would not substantially interfere with the future
development and use of the Agency Property.
Page 2of6
ATTACH ENTS:
• Resolution 06-
Page 3 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN JACINTO APPROVING THE GRANT OF AN AERIAL
OVERHANG EASEMENT ABOVE, OVER AND ACROSS CERTAIN
AGENCY PROPERTY, FOR PUBLIC UTILITY PURPOSES
WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency") is
engaged in the activities necessary to execute and implement the redevelopment plan
("Redevelopment Plan") for the Agency's San Jacinto Redevelopment Project Area
("Project Area"); and
WHEREAS, the Agency is undertaking certain activities necessary for
redevelopment in the Project Area pursuant to the provisions of the California
Community Redevelopment Law (Health & Safety Code, §§ 33000 et seq.) ("CRL") and
the Redevelopment Plan; and
WHEREAS, the Agency owns certain real property located on Commonwealth
Avenue, at the corner of San Jacinto Street, commonly described as Assessor Parcel
Number 439-110-096 (the "Agency Property"); and
WHEREAS, as part of the construction of a Wal-Mart Supercenter at the
southeast corner of Commonwealth Avenue and San Jacinto Street, the grant of a non-
exclusive, aerial overhang easement for public utility purposes ("Easement") is required
by Southern California Edison ("SCE") over a portion of the Agency Property. The
Easement is necessary to accommodate electrical systems and communication
systems in connection with a power pole to be located in the public right-of-way
adjacent to the proposed Easement; and
WHEREAS, pursuant to the provisions of CRL Section 33430, the Agency may,
for the purposes of redevelopment, transfer, assign, pledge or otherwise dispose of any
real property or any interest in property; and
WHEREAS, for the purposes of redevelopment in the Project Area, the Agency
desires to grant the Easement above, over and across that portion of the Agency
Property more specifically described and depicted in Exhibit "A" attached to this
Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Board of the Redevelopment
Agency of the City of San Jacinto ("Agency Board'):
Section 1. Incorporation of Recitals. The recitals set forth above are true
and correct and are incorporated by this reference as though fully set forth in this
Resolution.
Page 4 of 6
Section 2. Approval of Grant of Easement. The Agency Board hereby
approves the Grant of Easement in substantially the form attached hereto as Exhibit
Section 3. Further Acts. The Agency Board authorizes the Executive
Director, pursuant to review and approval by the City Attorney, to execute the Grant of
Easement and any other documents necessary to effectuate said grant.
Section 4. CEQA Compliance. Based on the entire record before the
Agency Board, the Agency Board finds that approval and execution of the Grant of
Easement is exempt from the California Environmental Quality Act ("CEQA") pursuant
to CEQA Guidelines Section 15061(b)(3) as there is no possibility that said grant will
have a significant effect on the environment.
Section 5. Notice of Exemption. The Agency Board hereby authorizes and
directs Agency staff to file a Notice of Exemption with the County Clerk of Riverside
County within five (5) working days following adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its
adoption.
APPROVED and ADOPTED, this 7th day of December, 2006 by the following vote:
Vote:
Ayes:
Nays:
Abstain:
ATTEST:
Agency Secretary
APPROVED AS TO FORM
BEST BEST & KRIEGER LLP
Agency Counsel
Chairman of the Redevelopment Agency
of the City of San Jacinto
Page 5 of 6
EXHIBIT "A"
GRANT OF AERIAL OVERHANG EASEMENT
[attached behind this page]
Page 6 of 6
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON
COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON
COMPANY
14799 CHESTNUT STREET
WESTMINSTER, CA. 92683-5240
ATTN: TITLE & REAL ESTATE SERVICES
GRANT OF AERIAL OVERHANG EASEMENT
Location: San Jacinto
A.P.N. 439-110-096
RP FILE: REL05117055
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $
SER, 66522A J.O. 3873
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
Approved
Corporate Real Estate
BY LS DATE 11/28/06
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic,
(hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation, its successors and assigns (hereinafter referred to as "Grantee"), a non-exclusive, aerial
overhang easement and right of way to construct, operate, use, maintain, alter, add to, reconstruct, enlarge
repair, renew, replace, inspect, improve, relocate, and/or remove, at any time and from time to time,
electrical systems and communication systems (hereinafter referred to as "systems") consisting of guy wires
and anchors, crossarms, wires and other fixtures and appliances, with necessary appurtenances, for
conveying electric energy to be used for light, heat, power and for transmitting intelligence by electrical
means and/or other purposes, over, along and across the airspace eighteen (18) feet and above a strip of
land of varied width, lying within that certain real property of the Grantor, situated in the County of
Riverside, State of California, described as follows:
A portion of the South half of Lot 78 in the City of San Jacinto, County of Riverside, State of
California, shown by Map of the San Jacinto Land Association on file in Book 8, page 357 of Maps, records of
San Diego County.
Said strip of land is more particularly described on the Exhibit "A", attached hereto and by this
reference made a part hereof. (hereinafter referred to as the "land"). The airspace eighteen (18) feet above,
over, along, and across the land is defined herein as the "easement area".
The easement rights granted herein do not include any right of Grantee to install systems on the
surface of the land or the airspace below the easement area.
Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors,
agents and employees, the right of free access to said systems and every part thereof, at all times, for the
purpose of exercising the rights herein granted, and the right to clear and to keep clear the above described
real property, free from explosives, buildings, equipment, brush, combustible material and any and all other
obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee,
may endanger said systems, or any part thereof, or interfere with the exercise of the rights herein granted.
RW 198 Rev. 10/86
Grant of Easement
Redevelopment Agency of the City of San Jacinto, to
S.C.E.Co., a corp.
Serial No. 66522A
RP File No. REL05117055
Not withstanding the foregoing, Grantor retains the right to use the Easement area and the land for
any purpose that does not interfere with Grantee's exercise of its easement rights granted herein.
This grant shall inure to the benefit of and be binding upon Grantor and Grantee, and their respective
assigns, heirs and successors in interest.
EXECUTED this day of , 20
STATE OF CALIFORNIA
COUNTY OF
)
ss.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN JACINTO,
a public body, corporate and politic,
By:
Name: Barry McClellan
Its: Executive Director
Dated:
ATTEST:
Dorothy Chouinard
Agency Secretary
On , before me, , a 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
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