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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 Page 1 of 9 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Page 2 of 9 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Page 4of9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Page 5 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Page 6 of 9 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Page 8 of 9 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2