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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 11/20/2003 AGENDA • REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 20, 2003, 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 1.2 Roll Call 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Demler Egg Ranch /Economic • Development Specialist 1.5.2 Recognition of San Jacinto Assembly of God Church's Adopt-A- Block Program / Mayor 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report 3. PUBLIC HEARING 3.1 CDBG Public Hearing — Citizen Input for CDBG Programs and Projects / Economic Development Specialist • 3.2 Annexation of Property to Landscaping, Lighting and Park District No. 2 LLPD No. 2)of the City of San Jacinto —Annexation No. 9 (Tract No. 30644 and Tract No. 31035) e • • • City Council Agenda November 20, 2003 Page 2 of 6 3.2.1 Resolution No. /A Resolution Initiating Proceedings for the • Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 9) and ordering Engineer's Report / Approve and Adopt/ City Attorney 3.2.2 Resolution No. /A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 9) / Approve and Adopt/ City Attorney 3.2.3 Resolution No. /A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 9 to LLPD No. 2) / Approve and Adopt/ City Attorney 3.2.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. 3.3 Annexation of Property to Landscaping, Lighting and Park District No. 2 • (LLPD No. 2)of the City of San Jacinto —Annexation No. 10 (Tract Nos. 30638-1 and 30638) 3.3.1 Resolution No. /A Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 10) and ordering Engineer's Report / Approve and Adopt/ City Attorney 3.2.2 Resolution No. /A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 10) / Approve and Adopt/ City Attorney 3.3.3 Resolution No. / A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 8 to LLPD No. 2) / Approve and Adopt/ City Attorney 3.3.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District • No. 2 and Levying of Assessments. City Council Agenda November 20, 2003 Page 3 of 6 4. CITY DEPARTMENTS • 4.1 San Jacinto Police Officer Association Negotiations / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer (no staff report) 4.2 San Jacinto Sergeants Association Negotiations / / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer 4.3 January 2004 Meetings - 1st and 3rd Thursdays adjourn to 2nd and 4th Thursdays respectively / Discuss and direct staff/ City Manager 5.0 CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the • Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending / Approve / Finance Director "(20(03 5.1.2 August 21, 2003 Special Meeting Minutes / Approve / City Clerk 5.1.3 Ordinance 03-28 /An Ordinance Amending Ordinance 340 per Planning Ordinance Amendment No. 02-03 —Amendment to Article 4.05, Residential Districts and Article 5, Standards for Second Units to provide for second units as required by State Law / Approve and Adopt second reading of Ordinance 03-28 and by further motion read by title only: Ordinance 03-28 /An Ordinance of the City Council of the City of San Jacinto, CA, Amending Article 4.03 (Residential Districts)n and Article 5 (Standards for Second Units) of the Zoning Ordinance of the City of San Jacinto, Ordinance No. 340, to Allow Second Units by Right in Residential Zones, as Required by State Law / Community Development Director • 5.1.4 Planning Commission Change of Zone 2-03 for Tentative Tract Map 31035 / Community Development Director I City Council Agenda November 20, 2003 Page 4 of 6 Ordinance No. 03-29 /An Ordinance Approving Change of Zone 2-03, Re- • Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One-Family Residential) / Approve and Adopt second reading of Ordinance 03-29 and by further motion read by title only: Ordinance No. 03-29 An Ordinance of the City Council of the City of San Jacinto, California, Approving Change of Zone 2- 03, Re-Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One-Family Residential) 5.1.5 Planning Commission Change of Zone 6-03 for Tentative Tract Map 31396 / Community Development Director Ordinance No. 03-30 /An Ordinance Approving Change of Zone 6-03, Re- Zoning certain Properties Located on the West Side of Chase Street, approximately 260 feet South of the Ramona Expressway from Agriculture (A) to R-1-20,000 (One-Family Residential) /Approve and Adopt second reading of Ordinance 03-30 and by further motion read by title only: Ordinance 03-30 /An Ordinance of the City Council of the City • of San Jacinto, California Approving Change of Zone 6-03, Re-Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One-Family Residential) 5.1.6 Phase II Ramona Boulevard and Sanderson Avenue Waterline / Approve plans and specifications and authorize City Clerk to proceed with bid advertisement / City Engineer 5.1.7 Supplemental Law Enforcement Services Fund Grant Spending Plan (FY 2003) / Approve / Interim Chief of Police 5.1.8 Resolution No. / A Resolution of the City Council of the City of San Jacinto Authorizing Establishment of Bank Accounts at the Bank of Hemet for CFD 2002-1 / LLPD#2 Reserve Deposits / Approve / Finance Director 5.1.9 Community Development Block Grant (CDBG) Supplemental Agreement Fiscal Year 2003-2004 with Riverside County / Approve / Community Development Director 5.2.0 Fiscal Year 2003-2004 Community Development Block Grant (CDBG) Program Sub Recipient Agreements / Approve / Community Development Director City Council Agenda November 20, 2003 Page 5 of 6 5.2.1 Final Tract Map 30638 / Western Pacific Housing / Approve contingent • upon annexation into the City LLPD No. 2 Authorize the City Manager to execute Subdivision Agreement for T30638 / City Engineer 5.2.2 Final Tract Map 30658-1 and 30658 /Western Pacific Housing / Approve contingent upon annexation into the City's LLPD No. 2 / Authorize the City Manager to execute the Subdivision Agreement / City Engineer 5.2.3 Public Announcement from November 6, 2003 Closed Session: The City, Noble and Eastern Municipal Water District have agreed to settle these two lawsuits (Brian Noble dba Noble Grading & Paving, Real Party in Interest, Case No. RIV 149411 and Noble vs San Jacinto et al, Case No. EDCV 01- 0545 RT (SGLx)) with a monetary payment made by the City to Noble in the amount of $62,500. Appropriation for Settlement Funds for Noble V. San Jacinto, et al, Case No. EDCV 01-0545 RT (SGLx) / Approve / Finance Director 5.2.4 Risk Management Settlement Authority Limits / Resolution No. /A Resolution to delegate authorization dollar limits for the purposes of settling liability and damage claims against the City and delegate workers • compensation claims settlement authority to Staff/ Approve / Finance Director 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk 7. CLOSED SESSION 7.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Police Officers Association 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford • Employee Organization: Sergeants Association City Council Agenda November 20, 2003 Page 6 of 6 8. ADJOURNMENT 11111 CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. D . eery &elk 4 elfe ed., 4 Sao Puioto, do lcereey eel* that 9 cauaed to Ze pored Cite jtytexioay. 4.9e4da ticio 114 dag 4 llooemien, 2003 as Tepozed 4 ea.. • i REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM #: 4 0 SUBJECT: P a(-.'?'u`- CF. DATE: Name: IN FAVOR: NEUTRAL: O IN OPPOSITION:. Representing: Q A. Address: L C�. City: 7 .rjv do Telephone No.: Individual speakers are limited to three minutes for their presentation.Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time: Please make your presentation from the microphone.. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING.` CITY COUNCIL AGENDA ITEM #: DATE IN FAVOR: ❑ Name' G.. `k a Imo.. l< ; r� Representing:_C i f Address: '.-�.. L- REQUEST TO SPEAK . SUBJECT:} NEUTRAL: © IN OPPOSITION: E (Z City: Telephone No.: ( I. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. 1ZEQUKST TO SPEAK CITY COUNCIL AGENDA ITEM #: SUBJECT:_`! DATE: I I (ZOf f) IN FAVOR: ❑ NEUTRAL: ❑ IN OPPOSITION: ❑ Name: F)2i4n �l f RepresentirCg: C v\ 1 'C A Address: City: Telephone No.: Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call, you to speak at the appropriate time: Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO -SPEAK CITY COUNCIL AGENDA ITEM It: 3 II SUBJECT:',," t DATE: Cm). IN FAVOR: ❑ NEUTRAL: ❑ IN OPPOSITION: n Name: l,Or,J 1;tou gaL/ Representing:, Address: Rs' City:, -� Telephone No.: Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM_#: i SUBJECT: DATE: IN FAVOR: O Name• 4?� Representing: Address: r-, NEUTRAL: IN -OPPOSITION: City: 4-('.Arco Telephone No.: °ICA Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. PUBLIC HEARING ANNEXATION NO.9 TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2 November 20, 2003 1 Mayor opens public hearing on proposed annexation of territory to Landscaping, Lighting and Park District No. 2 and the levy of assessments on property proposed to be annexed to the District. 2. Mayor calls on Assessment Engineer or City Staff for summary of engineer's report. 3. Mayor asks City Clerk whether any written objections or protests have been received. 4. Mayor calls for questions, comments, protests or objections from any persons wishing to speak with respect to the annexation of property to the District and the levy of assessments on such property. 5. Mayor closes public hearing. 6. Mayor asks City Clerk if ballots have been received from owners of property proposed to be annexed to the District and asks City Clerk to tabulate the ballots. 1**IT MAY BE NECESSARY AT THIS POINT TO CALL A SHORT RECESS TO ENABLE THE CITY CLERK TO TABULATE THE BALLOTS. ALTERNATIVELY, THIS ITEM COULD BE CONTINUED TO LATER IN THE AGENDA.**] 7. Mayor announces that a majority of the assessment ballots submitted, and not withdrawn, are in favor of the annexation and the levy of assessments. 8. City Council considers adoption of Resolution Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and levying the assessments on assessable lots and parcels annexed to said District for fiscal year 2003-04. ORANGE/JR.'7305 MAYOR'S SCRIPT PUBLIC HEARING ANNEXATION NO. 10 TO LANDSCAPING, LIMITING AND PARK DISTRICT NO.2 November 20, 2003 Mayor opens public hearing on proposed annexation of territory to Landscaping, Lighting and Park District No. 2 and the levy of assessments on property proposed to be annexed to the District. 2. Mayor calls on Assessment Engineer or City Staff for summary of engineer's report. 3. Mayor asks City Clerk whether any written objections or protests have been received. 4. Mayor calls for questions, comments, protests or objections from any persons wishing to speak with respect to the annexation of property to the District and the levy of assessments on such property. 5. Mayor closes public hearing. 6. Mayor asks City Clerk if ballots have been received from owners of property proposed to be annexed to the District and asks City Clerk to tabulate the ballots. [**IT MAY BE NECESSARY AT THIS POINT TO CALL A SHORT RECESS TO ENABLE THE CITY CLERK TO TABULATE THE BALLOTS. ALTERNATIVELY, THIS ITEM COULD BE CONTINUED TO LATER IN THE AGENDA.**] 7. Mayor announces that a majority of the assessment ballots submitted, and not withdrawn, are in favor of the annexation and the levy of assessments. 8. City Council considers adoption of Resolution Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and levying the assessments on assessable lots and parcels annexed to said District for fiscal year 2003-04. ORAN6E/JRI7365 MAYOR'S AGENDA Regular Meeting - San Jacinto City Council San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order ❑ Call meeting or order at 1.2 Roll Call G •, r p.m. 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto ❑ Call on Rev. Sauter for the invocations 1.4 Pledge of Allegiance ❑ Call on / J l 1.5 Special Presentations to lead the Pledge of Allegiance 1.5.1 Business Spotlight of the Month / Demler Egg Ranch / Economic Development Specialist ❑ Call Randy Williams Economic Development Specialist ❑ Present plaque 1.5.2 Recognition of San Jacinto Assembly of God Church's Adopt - A -Block Program / Mayor ❑ Present Rev. Eric Libeu (leads the program or Rev. Gordon Houston) with Proclamation ) s iEci\i 7- (6 Chp15 4t t (i C) 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report 4. CITY DEPARTMENTS 4.1 San Jacinto Police Officer Association Negotiations / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer (no staff report) 4.2 San Jacinto Sergeants Association Negotiations / / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer 4.3 January 2004 Meetings - 1st and 3rd Thursdays adjourn to 2nd and 4th Thursdays respectively / Discuss and direct staff / City Manager City Council Agenda November 20, 2003 Page 3 of 6 5.0 CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 11/20/03 / Approve / Finance Director 5.1.2 August 21, 2003 Special Meeting Minutes / Approve / City Clerk 5.1.3 Ordinance 03-28 / An Ordinance Amending Ordinance 340 per Planning Ordinance Amendment No. 02-03 — Amendment to Article 4.05, Residential Districts and Article 5, Standards for Second Units to provide for second units as required by State Law / Approve and Adopt second reading of Ordinance 03-28 and by further motion read by title only: Ordinance 03-28 /An Ordinance of the City Council of the City of San Jacinto, CA, Amending Article 4.03 (Residential Districts)n and Article 5 (Standards for Second Units) of the Zoning Ordinance of the City of San Jacinto, Ordinance No. 340, to Allow Second Units by Right in Residential Zones, as Required by State Law / Community Development Director 5.1.4 Planning Commission Change of Zone 2-03 for Tentative Tract Map 31035 / Community Development Director City Council Agenda November 20, 2003 Page 4 of 6 Ordinance No. 03-29 / An Ordinance Approving Change of Zone 2-03, Re - Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) / Approve and Adopt second reading of Ordinance 03-29 and by further motion read by title only: Ordinance No. 03-29 An Ordinance of the City Council of the City of San Jacinto, California, Approving Change of Zone 2- 03, Re -Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) 5.1.5 Planning Commission Change of Zone 6-03 for Tentative Tract Map 31396 / Community Development Director Ordinance No. 03-30 / An Ordinance Approving Change of Zone 6-03, Re - Zoning certain Properties Located on the West Side of Chase Street, approximately 260 feet South of the Ramona Expressway from Agriculture (A) to R-1-20,000 (One -Family Residential) / Approve and Adopt second reading of Ordinance 03-30 and by further motion read by title only: Ordinance 03-30 / An Ordinance of the City Council of the City of San Jacinto, California Approving Change of Zone 6-03, Re -Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) 5.1.6 Phase II Ramona Boulevard and Sanderson Avenue Waterline/Approve plans and specifications and authorize City Clerk to proceed with bid advertisement / City Engineer 5.1.7 Supplemental Law Enforcement Services Fund Grant Spending Plan (FY 2003) / Approve / Interim Chief of Police 5.1.8 Resolution No. IA Resolution of the City Council of the City of San Jacinto Authorizing Establishment of Bank Accounts at the Bank of Hemet for CFD 2002-1 / LLPD#2 Reserve Deposits / Approve / Finance Director 5.1.9 Community Development Block Grant (CDBG) Supplemental Agreement Fiscal Year 2003-2004 with Riverside County / Approve / Community Development Director 5.2.0 Fiscal Year 2003-2004 Community Development Block Grant (CDBG) Program Sub Recipient Agreements / Approve / Community Development Director City Council Agenda November 20, 2003 Page 5 of 6 5.2.1 Final Tract Map 30638 / Western Pacific Housing / Approve contingent upon annexation into the City LLPD No. 2 Authorize the City Manager to execute Subdivision Agreement for T30638 / City Engineer 5.2.2 Final Tract Map 30658-1 and 30658 / Western Pacific Housing / Approve contingent upon annexation into the City's LLPD No. 2 / Authorize the City Manager to execute the Subdivision Agreement / City Engineer 5.2.3 Public Announcement from November 6, 2003 Closed Session: The City, Noble and Eastern Municipal Water District have agreed to settle these two lawsuits (Brian Noble dba Noble Grading & Paving, Real Party in Interest, Case No. RIV 149411 and Noble vs San Jacinto et al, Case No. EDCV 01- 0545 RT (SGLx)) with a monetary payment made by the City to Noble in the amount of $62,500. Appropriation for Settlement Funds for Noble V. San Jacinto, et al, Case No. EDCV 01-0545 RT (SGLx) / Approve / Finance Director 5.2.4 Risk Management Settlement Authority Limits / Resolution No. / A Resolution to delegate authorization dollar limits for the purposes of settling liability and damage claims against the City and delegate workers compensation claims settlement authority to Staff / Approve / Finance Director 6. MAYOR / COUNCIL MEMBER REPORTS I DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk 7. CLOSED SESSION 7.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Police Officers Association 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Sergeants Association City Council Agenda November 20, 2003 Page 6 of 6 CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given; evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Vawtlsq ekaiosana', eie„ta 4 else facie -a, da 4eire j eel* alai 9 =Ned to de Aa¢ted the tazegacbs9 age fda tlua r7` dew of Tlevem6rex, 2003 as zeguizecl 4 eaa, BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS RIVERSIDE LAWYERS ONTARIO (909) 686-1 450 5 PARK PI A7A, SURE .) 500 (909) 988.8584 IRVINE, CALIFORNIA 92614 INDIAN WELLS <SAN DIEGO (949) 263 2600 (760) 568-261 I (819) 525-1300 (949) 280-0972 FAX BBKLAW. COM SACRAMENTO (9 16) 325-4000 JAMIE L. RAYMOND JLRAYMOND@BBKLAW.COM November 13, 2003 Dorothy Chouinard City Clerk City of San Jacinto 201 East Main Street San Jacinto, California 92583 Re: Annexation No. 10 to Landscaping, Lighting and Park District No. 2 (Tract Nos. 30658 and 60638) Dear Ms. Chouinard: Enclosed is the Property Owner Waiver of Notice Requirements executed by the authorized representatives of Western Pacific Housing, Inc., the owner of the property proposed to be annexed to Landscaping, Lighting and Park District No. 2 (Annexation No. 10). This waiver permits the public hearing to be held on November 20, 2003. Please have this waiver available at the public hearing scheduled for November 20, 2003. Sincerely, r L.- Jamie L. Raymond for Best Best & Krieger LLP City Attorney City of San Jacinto Enclosure cc: Bernie Simon, Finance Director (w/enclosure) ORANGEVR\7425 PROPERTY OWNER WAIVER OF NOTICE REQUIREMENT ANNEXATION NO. 10 TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2 (ZONE 10) OF THE CITY OF SAN JACINTO Western Pacific Housing, Inc., a Delaware corporation ("Owner"), the owner of the parcels of property described in the attached Exhibit "A", which is proposed to be annexed to Landscaping, Lighting and Park DistrictNo.2 ofthe City of San Jacinto ("District"), understands that state law sets forth a procedure for conducting an assessment ballot election, and that said procedure provides property owners the opportunity to vote whether their property will be subject to the proposed assessment. In particular, state law requires that the City conduct a public hearing not less than 45 days after providing notice to the owners of property that will be subject to the assessment. In order to avoid any delay in annexing Owner's property to the District, and with full awareness of Owner's legal rights to receive notice of the proposed assessments, Owner hereby waives Owner's right to have 45-days notice of the public hearing on the proposed assessments and agrees that the City of San Jacinto may conduct the public hearing on the proposed annexation and levy of assessments on any date deemed advisable by the City Council, which may occur on a date earlier than would otherwise be permitted by state law. This waiver shall be binding on the successors and assigns of the Owner. Dated: By: WESTERN PACIFIC HOUSING, INC. a Delaware corporation Chris Chambers Vice President ORANGE`JR\7314 STATE OF CALIFORNIA } COUNTY OF 6 6ll iuy.. } On \)O Li''_41/1.1if.c I u , 200 , before me, the CAPACITY CLAI4IED BY SIGNER: ndersigned notary public, personally appeared (•kir15 Ltwk-U,v_ rp personally known tomeORE-pr ette- otrtl is to be the person(s) whose nameFsj sh ra-subscribed to the within instrument and acknowledged to me that ho;they executed the same ira sljzer/thcir authorized capacity(ies), and that b ns/hen/their sienature(s) on the instrument the person(§), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary LEIGH MCCALEB Commission f 1336167 i Notary Public - California Orange County [[ My Comm_ Expires Dec23, 2005 ■ ❑ Individual(s) ❑ Corporate Officer(s) ❑ Partner(s) 0 Attorney -in -Fact L7 Trustee(s) U Subscribing Witness ❑ Guardian/Conservator L I Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ORANGEUR17314 EXHIBIT "A" DESCRIPTION OF PROPERTY The land situated in the State of California, County of Riverside, City of San Jacinto described as follows: TRACT 30658 LOT 2 OF TRACT 23963, AS SHOWN BY MAP ON FILE IN BOOK 239 PAGES 10 THROUGH 22, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA Assessor's Parcel Numbers: TRACT 30638 LOT 10 OF TRACT 23963, AS SHOWN BY MAP ON FILE IN BOOK 239 PAGES 10 THROUGH 22, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA 439-190-028 and 439-190-029 Assessor's Parcel Numbers: 438-050-057 and 438-050-065 ORANGal R 7314 DON'T IMPOSE [AFTER COMING OUT OF CLOSED SESSION] , MAYOR: ITEMS 4.1 AND 4.2 Altr GOING TO BE REMOVED FROM TONIGHT'S AGENDA. THISE ITEM' CONCERNED THE THE POLICE OFFICERS' ASSOCIATION LABOR NEGOTIATIONS WITH THE CITY. AS HAS BEEN WIDELY REPORTED, THE CITY IS AT IMPASSE WITH ITS POLICE OFFICERS' ASSOCIATION. ~# Sfl ON BEHALF OF THE COUNCIL, WE FEEL THAT THIS IS AN UNFORTUNATE SITUATION. THE CITY HAS OFFERED WHAT IT BELIEVES IS` A GENEROUS PROPOSAL, ESPECIALLY CONSIDERING THE CITY'S CURRENT FINANCIAL CIRCUMSTANCES, AS WELL AS THE UNCERTAINTY SURROUNDING THE STATE BUDGET. IN ADDITION, THE CITY'S PROPOSAL IS SIMILAR TO THOSE ACCEPTED BY OTHER CITY EMPLOYEE BARGAINING UNITS. THE CITY'S OFFER, AMONG OTHER THINGS, CONSISTED OF A $3,333 LUMP SUM BONUS TO ITS EMPLOYEES IN EXCHANGE FOR A 20-MONTH OPPORTUNITY TO ADDRESS THE BUDGET DIFFICULTIES. THE OTHER BARGAINING UNITS, RECOGNIZING THE SERIOUSNESS OF THE CITY'S FINANCIAL CIRCUMSTANCES, ACCEPTED THIS PROPOSAL AND ENTERED INTO 20-MONTH AGREEMENTS. INDEED, THE POA ORIGINALLY COMMUNICATED TO THE CITY THAT IT HAD ACCEPTED THE CITY'S PROPOSAL, WHICH WOULD HAVE CONCLUDED THESE NEGOTIATIONS. UNFORTUNATELY, THE POA BACKED OUT OF THAT AGREEMENT AT THE LAST MINUTE, LEAVING THE PARTIES AT IMPASSE. THE POA HAS NOW STATED ITS INTENTION OF ENGAGING IN A PUBLIC INFORMATION CAMPAIGN. WHILE WE ARE UNCERTAIN AS TO PRECISELY WHAT THIS WOULD INCLUDE, STATEMENTS IN THE PRESS WOULD TEND TO INDICATE THAT IT COULD INCLUDE AN ILLEGAL SICK-OUT BY THE POLICE. RVPUB/JSB/663171 WHILE WE RECOGNIZE THEIR RIGHT TO PUBLICLY DISAGREE WITH THE CITY'S PROPOSAL, IT IS THE COUNCIL'S HOPE THAT ' ITS OFFICERS, WHO ARE SWORN TO ENFORCE AND UPHOLD THE LAW, WOULD NOT PUT THEIR PRIVATE GAIN BEFORE THE PUBLIC INTEREST. THE CITY COUNCIL VALUES PUBLIC SAFTEY PROTECTION FOR SAN JACINTO'S CITIZENS AND HOPES THAT THE POA WILL ACCEPT THE CITY'S CURRENT PROPOSAL, WHICH REMAINS ON THE TABLE. (ROGER WILL BE AVAILABLE TO RESPOND TO ANY PUBLIC COMMENTS AND QUESTIONS ONCE ALL OF THE SPEAKERS HAVE COME FORWARD] RVPUB/JS B/6 63 1 71 NOTICE OF HEARING ON ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2 OF THE CITY OF SAN JACINTO (ANNEXATION NO. 10) AND ASSESSMENTS PROPOSED TO BE LEVIED ON THAT PROPERTY FOR FISCAL YEAR 2003-04 NOTICE IS HEREBY GIVEN that at 7:00 o'clock p.m. on November 20, 2003 in the San Jacinto Unified School District Board Room at 2045 South San Jacinto Avenue, San Jacinto, California, the City Council of the City of San Jacinto ("City") will conduct a public hearing regarding the annexation of certain property, generally located south of Commonwealth Avenue and west of Arroyo Viejo Drive in the City of San Jacinto, County of Riverside ("Tract 30658") and the annexation of certain property, generally located at the southeast corner of Esplanade Avenue and Meridian Street in the City of San Jacinto, County of Riverside ("Tract 30638"), to Landscaping, Lighting and Park District No. 2 ("District") as Annexation No. 10 which, if annexed, will become Zone 10 of the District, and the assessments which are proposed to be levied on parcels of property in Zone 10 for fiscal year 2003-04. According to the City's records, you are the record owner of a parcel or parcels of property within Zone 10 which is or are subject to the levy of the proposed assessments. The total amount of the assessments which are proposed to be levied for fiscal year 2003-04 on parcels in Zone 10 is $48,690.93. The amount of the assessment which is proposed to be levied on each parcel in Zone 10 is $275.09 per unit of benefit (i.e., a residential lot). The assessments are proposed to be levied to pay the annual cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, parkway landscaping, parks, drainage facilities, and graffiti removal and any other appurtenant improvements ("Improvements") in the District. The total amount of the assessments which are proposed to be levied on parcels of property in the Zone 10 is equal to the amount of the estimated annual cost of the installation, operation, maintenance and servicing of the Improvements within Zone 10 for the 2003-04 fiscal year. The amount of the assessment which is proposed to be levied on each parcel in Zone 10 was calculated on the basis of the proportionate special benefit derived by the parcel in relationship to the entirety of the costs that are related to the installation, operation, maintenance and servicing of the Improvements for said fiscal year and was determined by dividing the estimated annual cost by the number of units of benefit within Zone 10. The assessments will be levied on all parcels within Zone 10 so long as such assessments are necessary to pay the annual cost of the installation, operation, maintenance and servicing of the Improvements in Zone 10. The City Council has determined that the amount of the assessment which will be levied per parcel for each parcel in Zone 10 in future fiscal years may be increased by the percentage increase in the Consumer Price Index - All Urban Consumers for the Los Angeles -Anaheim -Riverside Area provided that the amount of the assessment is not increased by more than seven and one-half percent (7'/2%) ORANGE/J R7299 n any fiscal year and provided that the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the reasonable costs of the proportional special benefit conferred on the parcel. Property owners who vote Assessment Ballots in support of the levy of the proposed assessmentwill also be voting in support of such an increase in the annual amount of assessments to be levied in future fiscal years. ENCLOSED HEREWITH is a forte of Assessment Ballot on which you can indicate your support for or opposition to the levy of the proposed assessments. In order to be voted this ballot must be completed by indicating support or opposition for the proposition set forth therein by inserting a cross (+) in the SUPPORT square or the OPPOSITION square following the proposition. The property owner(s) or person(s) voting this ballot must include his or her name and the street address or assessor's parcel number(s) of the parcel(s) for which the ballot is submitted. The ballot must also be signed as indicated thereon. An envelope is enclosed with this notice for returning the voted ballot. To be voted, the ballot must be returned to the City Clerk of the City of San Jacinto at 201 East Main Street, San Jacinto, California 92583 or at the time and place of the public hearing, as specified above, and before the conclusion of the public hearing. At the conclusion of the public hearing, the City Clerk will tabulate the assessment ballots submitted, and not withdrawn, in support of or opposition to the levy of the proposed assessments. A majority protest will exist if the assessment ballots submitted, and not withdrawn, in opposition to the levy of the proposed assessments exceed the assessment ballots submitted, and not withdrawn, in favor of the levy of the proposed assessments, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot is submitted. If there is a majority protest against the levy of the proposed assessments, the property will, not he annexed to the District and the City Council will not levy the proposed assessments on parcels of property within the District. DATED: November 6, 2003 f s� Dorothy Chouinard City Clerk City of San Jacinto ORANGEiJ R'•.7299 RIVERSIDE (909) 686-1450 INDIAN WELLS t760) 568-20I I BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS". 5 PARK PI A7A, SUITE 1500 IRVINE, CALIFORNIA `.9261 4 (949) 263-2600 (949) 260-0972 FAX BBKLAW. COM JAMIE L. RAYMOND JLRAYMOND@BBKLAW.COM November 17, 2003 VIA OVERNIGHT DELIVERY Dorothy Chouinard City Clerk City of San Jacinto 201 East Main Street San Jacinto, California 92583 ONTARIO (909) 989-13584 SAN DIEGO 5619) 525-.1300 SACRAMENTO (916) 325-4000 Re: Annexation No. 9 to Landscaping, Lighting and Park District No. 2 (Tract Nos. 30644 and 31035) Dear Ms. Chouinard: Enclosed is the Property Owner Waiver of Notice Requirements executed by the authorized representatives of Empire Homes ill Ltd., the owner of the property proposed to be annexed to Landscaping, Lighting and Park District No. 2 (Annexation No. 9). This waiver permits the public hearing to be held on November 20, 2003. Please have this waiver available at the public hearing scheduled for November 20, 2003. Sincerely, mut v Jam i e L. Raymond for Best Best & Krieger LLP City Attorney City of San Jacinto Enclosure cc: Bernie Simon, Finance Director (w/enclosure) ORANGEVR\7486 PROPERTY OWNER WAIVER OF NOTICE REQUIREMENT ANNEXATION NO.9 TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2 (ZONE 9) OF THE CITY OF SAN JACINTO Empire Homes TIT Ltd., a Nevada limited liability company ("Owner"), the owner of the parcels of property described in the attached Exhibit "A",which is proposed to be annexed to Landscaping, Lighting and Park Di strict No.2 of the City of San Jacinto ("Di strict"), understands that state law sets forth a procedure for conducting an assessment ballot election, and that said procedure provides property owners the opportunity to vote whether their property will be subject to the proposed assessment. In particular, state law requires that the City conduct a public hearing not less than 45 days after providing notice to the owners of property that will be subject to the assessment. In order to avoid any delay in annexing Owner's property to the District, and with full awareness of Owner's legal rights to receive notice of the proposed assessments, Owner hereby waives Owner's right to have 45-days notice of the public hearing on the proposed assessments and agrees that the City of San Jacinto may conduct the public hearing on the proposed annexation and levy of assessments on any date deemed advisable by the City Council, which may occtu on a date earlier than would otherwise be permitted by state law. This waiver shalle binding on the successors and assigns of the Owner. Dated: f (f / Q3 By: EMP a Doti" ewel Manager S JII LTD., ted liability company ORANC EJ R17233 STATE OF CALIFORNIA } COUNTY OF �luV On )MAW t U I,31 200 before me, the undersigned notary public, personally appeared {S 1 UCJVu � lilpersonallyknowntomeOR®piovedtomeonthebasis of satisfactory evidence to be the person(I) whose nameO,,/are subscribed to the within instrument and acknowledged to me that] (she/they executed the same nn,jtjs(her/their authorized capacity(ils), and that by his/her/their signature( on the instrument the person(/), or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary a .x s s- �\ S _ a a s V.NERWIDEZ Commission' * 1411500 Riverside County Comm. Expires Apr 29, 2007 ORANGE'JR17233 -2- CAPACITY CLAIMED BY SIGNER: Individual(s) G Corporate Officer(s) INPartner(s) Attomey-in-Fact ❑ Trustee(s) ❑ Subscnbing Witness ❑ Guardian/Conservator ❑ Other SIGNER IS REPR SENTING: et moL-0 . EXHIBIT "A" DESCRIPTION OF PROPERTY The land situated in the State of California, County of Riverside, City of San Jacinto described as follows: TRACT 30644: THE SOUTH HALF OF THE NORTH HALF AND THE NORTH HALF OF THE SOUTH HALF OF FARM LOT 104 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 257 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. Assessor's Parcel Number: 434-160-009 TRACT 31035: THE SOUTH QUARTER OF LOT 104 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP OF FILE IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALJJI ORNIA Assessor's Parcel Numbers: 434-160-010 ORANGEVR 7233 -3- ASSESSMENT BALLOT ASSESSMENTS FOR FISCAL YEAR 2003-04 FOR ANNEXATION NO. 10 (ZONE 10) OF LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO (TRACTS 30658 and 30638) To be voted, this ballot must be returned to the City Clerk of the City of San Jacinto prior to the conclusion of the public hearing which is to be held at 7:00 p.m. on November 20, 2003. in the San Jacinto Unified School District Board Room located at 2045 South San Jacinto Avenue, San Jacinto, California. In order to vote this ballot, you must indicate your support for or opposition to the following proposition by placing a "+" in the appropriate box, insert the name(s) of the property owner(s) and the street address or County Assessor's parcel number of your property in the appropriate blanks, and sign the ballot. PROPOSITION: Shall assessments be levied on certain parcels of property in Landscaping, Lighting and Park District No. 2 of the City of San Jacinto identified as Annexation No. 10 and Zone 10 for fiscal year 2003-04 in the amount of $275.09 per parcel, and shall the amount of such assessments to be levied in future fiscal years be subject to increase by the percentage increase in the Consumer Price Index for all Urban Consumers for the Los Angeles -Anaheim - Riverside area provided that such annual increase does not exceed seven and one-half percent (7 %%) in any fiscal year? SUPPORT OPPOSE PROPERTY OWNER: By: WESTERN PACIFIC HOUSING, INC. a Delaware corporation Chris Chambers Vice President DESCRIPTION OF PROPERTY: Assessor's Parcel Numbers 439-190-028 439-190-029 438-050-057 438-050-065 OR ANGEJR\7340 ASSESSMENT BALLOT ASSESSMENTS FOR FISCAL YEAR 2003-04 FOR ANNEXATION NO.9 (ZONE 9) OF LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO (TRACT 30644 and 31035) To be voted, this ballot must be returned to the City Clerk of the City of San Jacinto prior to the conclusion of the public hearing which is to be held at 7:00 p.m. on November 20, 2003, in the San Jacinto Unified School District Board Room located at 2045 South San Jacinto Avenue, San Jacinto, California. In order to vote this ballot, you must indicate your support for or opposition to the following proposition by placing a "+" in the appropriate box, insert the name(s) of the property owner(s) and the street address or County Assessor's parcel number of your property in the appropriate blanks, and sign the ballot. PROPOSITION: Shall assessments be levied on certain parcels of property in Landscaping, Lighting and Park District No. 2 of the City of San Jacinto identified as Annexation No. 9 and Zone 9 for fiscal year 2003-04 in the amount of $497.46 per parcel, and shall the amount of such assessments to be levied in future fiscal years be subject to increase by the percentage increase in the Consumer Price Index for all Urban Consumers for the Los Angeles -Anaheim - Riverside area provided that such annual increase does not exceed seven and one-half perceat (7'A%) in any fiscal year? SUPPORT OPPOSE PROPERY OWNER: By: EMS' • ejtIOMES III LTD., ited liability company By: Don Newell Manager DESCRIPTION OF PROPERTY: Assessor's Parcel Numbers 431-160-009 431-160-010 ORAN GEORV7307 RIVERSIDE (909) (586-1450 INDIAN WELLS 1760) 560-261 I BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS 5 PARK PI A7A, SUITE 1500 IRVINE, CALIFORNIA 926 1 4 (949) 263.2500 (949) 260-0972 FAX BBKLAW,COM d1AMME L. RAYMOND 6JLRAYMOND@BBKLAW.COM VIA OVERNIGHT DELIVERY November 10, 2003 Joanie Madrid Project Manager Western Pacific Housing, Inc. 16755 Von Kaman Avenue, Suite 200 Irvine, California 92606 ONTARIO 909) 959-8584 SAN DIEGO (619) 525-I 300 SACRAMENTO (916) 325-4000 Re: Annexation No. 10 to City of San Jacinto's Landscaping, Lighting and Park District No. 2 (Tract Nos. 30658 and 30638) Dear Ms. Madrid: Best Best & Krieger LLP serves as the City Attorney to the City of San Jacinto. In that capacity, and on behalf of the City Clerk of the City of San Jacinto, we are enclosing a notice of the hearing regarding the annexation of parcels of property included within Tracts 30658 and 30638 to City of San Jacinto Landscaping, Lighting and Park District No. 2 and the assessments which are proposed to be levied thereon for fiscal year 2003-04 to pay the costs of the maintenance, servicing and operation of public lighting facilities and landscaping which are of benefit to those parcels. Also enclosed is a form ofballot to be voted on behalf of W estem Pacific Housing, Inc., the owner of the property. Finally, we are also enclosing an envelope which is to be utilized for returning the voted ballot. As you will note, the hearing is to be held at 7:00 p.m. on November 20, 2003. In order to properly vote the enclosed ballot, a cross (+) must be inserted in one of the voting squares on the ballot and the ballot must then be signed on behalf of the property owner. The ballot must then be enclosed and sealed in the envelope and returned to the City Clerk as follows: Dorothy Chouinard, City Clerk, City of San Jacinto, 201 East Main Street, San Jacinto, California 92583. In the alternative, the envelope and ballot can be delivered to the City Clerk at the time and place of the hearing. ORANGEJRV7341 LAW OFFICES OF:.. BEST BEST & 'KRIEGER Ms. Joanie Madrid November 10, 2003 Page 2 LLP Should you have any questions or if we can be of further assistance, please do not hesitate to contact us. Sincerely, Jamie L. Raymond for Best Best & Krieger LLP City Attorney City of San Jacinto Enclosures cc: Bernie Simon, Finance Director (w/ enclosures) John Friedrich, Engineer of Record (w/ enclosures) OR4NGEI.IRV734I Dorothg' Chouinard - Annexation No. 9 to I ' ') No. 2 (Tract 30664 and 31035) Page 1 From: "Jamie Raymond" <JLRaymond@bbklaw.com> To: <bsimon@sanjacintoca. us>, <dchouinard@sanjacintoca. us> Date 11/7/0311:10AM Subject: Annexation No. 9 to LLPD No. 2 (Tract 30664 and 31035) Attached please find the following documents for your use in connection with the public hearing for Annexation No. 10 to LLPD No. 2, scheduled for November 20, 2003: 1. Staff Report for November 20th City Council meeting. 2. Resolution Initiating Proceedings. 3. Resolution Approving Engineer's Report. 4. Resolution of Intent. 5. Resolution Ordering Annexation. 6. Mayor's Script for public hearing. Please note that the resolutions contain several blanks throughout where the appropriate resolution number needs to be inserted once such numbers are determined. We have sent a waiver to the record owner of Tracts 30644 and 31035, Empire Homes III, Ltd., and will forward it to Dorothy once we receive it. We have also sent the assessment ballot to the property owner with instructions to deliver to the City Clerk. Finally, we have arranged to have the hearing notice published on Saturday November 8, 2003. Please note that I will forward the documents for Annexation No. 10 on Monday. If you have any questions or if I can be of further assistance, please let me know. Jamie L. Raymond Best Best & Krieger LLP 5 Park Plaza, Suite 1500 Irvine, California 92614 (949) 263-2602 (949) 260-0972 (fax) JLRaymond@bbklaw.com *********************************************************************************** This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. ***************************************************♦******************************* CC: <gfb-jaf@pacbell.net> PUBLIC HEARING ANNEXATION NO. 10 TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2 ber 20, 2003 1. Mayor opens public bearing on proposed annexation of territory to Landscaping, Lighting and Park District No. 2 and the levy of assessments on property proposed to be annexed to the District. 2. Mayor calls on Assessment Engineer or City Staff for summary of engineer's report. 3. Mayor asks City Clerk whether any written objections or protests have been received. 4. Mayor calls for questions, comments, protests or objections from any persons wishing to speak with respect to the annexation of property to the District and the levy of assessments on such property. 5. Mayor closes public hearing. 6. Mayor asks City Clerk if ballots have been received from owners of property proposed to be annexed to the District and asks City Clerk to tabulate the ballots. [**IT MAY BE NECESSARY AT THIS POINT TO CALL A SHORT RECESS TO ENABLE THE CITY CLERK TO TABULATE THE BALLOTS. ALTERNATIVELY, THIS ITEM COULD BE CONTINUED TO LATER IN THE AGENDA. * * 1 7. Mayor announces that a majority of the assessment ballots submitted, and not withdrawn, are in favor of the annexation and the levy of assessments. 8. City Council considers adoption of Resolution Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and levying the assessments on assessable lots and parcels annexed to said. District for fiscal year 2003-04. UN'1NGE,JRi?365 TO: FROM: Tim Hults, Planning Director DATE: August 5, 1999 SUBJECT: COMMUNITY DEVELOPMENT (BLOCK GRANT SUPPLEMENTAL AGREEMENT WITH THE COUIVY OF RIVERSIDE RECOMMENDATION fi AGENDAITEM Honorable Mayor and Members of the City C Approve the Community Development,? Block Grant Supplemental Agreement with the County of Riverside for the 1299-2000f iscal Year, and authorize the Mayor to execute the Agreement. l BACKGROUND Earlier this year, the City Council approved allocations for the Fiscal Year 1999-2000 Community Development Blpck Grant program. The next step in the program is the approval and execution of tie supplemental agreement with the County of Riverside. The supplemental agreement ttached) establishes the conditions under which the City and the public service agen es which received CDBG grants will implement the program for FY 1999-2000. f f The amount of CDB;6 funding allocated to the City for FY 1998-99 is $194,187, of which 15 percent is set asid¢ for public service agencies. The public service agencies which were awarded grants the Council included the "Emergency Cold Weather Shelter Program ($1,550)," "Sen. r Day Care Center of Hemet -San Jacinto ($10,000)," "CASA Crisis & Prevention ($5,000)," "San Jacinto Community Education Center ($10,799)," and "VIP Tots Safety Upgr es for Children with Disabilities ($1,414)." Additionally, the Council allocated fu ds for the following public facility projects: "Estudillo Mansion Restoration ($50,000)," ' Downtown Street Improvements ($45,424)," and "Phase III of Victoria Avenue Improvements ($70,000)." Upon approval of the supplement agreement by the Council, it is then executed by the Mayor and forwarded to the County for consideration and approval by the Board of Supervisors. TO: Honorable Mayor and Members of the City Council FROM: Tim Hults, Planning Director DATE: November 15, 2001 /- SUBJECT: Fiscal Year 200212003 Community Development Block Grant (CDBG) Program Subrecipient Agreements RECOMMENDATION: Authorize the City Manager to execute the Community Development Block Grant (CDBG) Program Subrecipient Agreements for the 20;1%2002 Fiscal Year. BACKGROUND: C The City Council approved allocations for the Fiscal Year 2001/2002 Community Development Block Grant Program. The Supplemental Agreements with the County of Riverside were approved on November 1, 2001. The final step is the execution of the Subrecipient Agreements with each organization that was funded. The Subrecipient Agreements outline the requirements of the CDBG Program and provide information on the funding responsibilities. The following organizations require Subrecipient Agreements to be executed: ■ San Jacinto Police Activities League, Inc. $6,000 ■ Family Service/Association Child Development Center $5,000 ■ Jobs Offer Benefits for Success $5,000 ■ Senior Day.Care Center $5,000 BUDGETARY IMPACT: Funding for tie CDBG Program is Federal Funding awarded through the County of Riverside to the City fcir the purposes of funding programs and projects that benefit low and moderate income persons. The approval of the agreements will allow for the programs noted above to move forward and the budgeted funds to be spent this Fiscal Year. ATTACHMENTS: Exhibit A Subrecipient Agreements AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 20, 2003, 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 1.2 Roll Call 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Demler Egg Ranch /Economic Development Specialist 1.5.2 Recognition of San Jacinto Assembly of God Church's Adopt -A - Block Program / Mayor 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report 3. PUBLIC HEARING 3.1 CDBG Public Hearing — Citizen Input for CDBG Programs and Projects / Economic Development Specialist 3.2 Annexation of Property to Landscaping, Lighting and Park District No. 2 LLPD No. 2)of the City of San Jacinto —Annexation No. 9 (Tract No. 30644 and Tract No. 31035) City Council Agenda November 20, 2003 Page 2of6 3.2.1 Resolution No. / A Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 9) and ordering Engineer's Report / Approve and Adopt / City Attorney 3.2.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 9) / Approve and Adopt / City Attorney 3.2.3 Resolution No. / A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 9 to LLPD No. 2) / Approve and Adopt / City Attorney 3.2.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. 3.3 Annexation of Property to Landscaping, Lighting and Park District No. 2 (LLPD No. 2)of the City of San Jacinto — Annexation No. 10 (Tract Nos. 30638-1 and 30638) 3.3.1 Resolution No. / A Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 10) and ordering Engineer's Report / Approve and Adopt / City Attorney 3.2.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 10) / Approve and Adopt / City Attorney 3.3.3 Resolution No. / A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 8 to LLPD No. 2) / Approve and Adopt / City Attorney 3.3.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. City Council Agenda November 20, 2003 Page 3of6 CITY DEPARTMENTS 4.1 San Jacinto Police Officer Association Negotiations / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer (no staff report) 4.2 San Jacinto Sergeants Association Negotiations / / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer 4.3 January 2004 Meetings - 1st and 3rd Thursdays adjourn to 2nd and 4th Thursdays respectively / Discuss and direct staff / City Manager 5.0 CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 10/16/03 / Approve / Finance Director 5.1.2 August 21, 2003 Special Meeting Minutes / Approve / City Clerk 5.1.3 Ordinance 03-28 / An Ordinance Amending Ordinance 340 per Planning Ordinance Amendment No. 02-03 — Amendment to Article 4.05, Residential Districts and Article 5, Standards for Second Units to provide for second units as required by State Law / Approve and Adopt second reading of Ordinance 03-28 and by further motion read by title only: Ordinance 03-28 / An Ordinance of the City Council of the City of San Jacinto, CA, Amending Article 4.03 (Residential Districts)n and Article 5 (Standards for Second Units) of the Zoning Ordinance of the City of San Jacinto, Ordinance No. 340, to Allow Second Units by Right in Residential Zones, as Required by State Law / Community Development Director 5.1.4 Planning Commission Change of Zone 2-03 for Tentative Tract Map 31035 / Community Development Director City Council Agenda November 20,`2003 Page 4 of 6' Ordinance No. 03-29 / An Ordinance Approving Change of Zone 2-03, Re Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) / Approve and Adopt second reading of Ordinance 03-29 and by further motion read by title only: Ordinance No. 03-29 An Ordinance of the City Council of the City of San Jacinto, California, Approving Change of Zone 2- 03, Re -Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) 5.1.5 Planning Commission Change of Zone 6-03 for Tentative Tract Map 31396 / Community Development Director Ordinance No. 03-30 / An Ordinance Approving Change of Zone 6-03, Re - Zoning certain Properties Located on the West Side of Chase Street, approximately 260 feet South of the Ramona Expressway from Agriculture (A) to R-1-20,000 (One -Family Residential) / Approve and Adopt second reading of Ordinance 03-30 and by further motion read by title only: Ordinance 03-30 / An Ordinance of the City Council of the City of San Jacinto, California Approving Change of Zone 6-03, Re -Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) 5.1.6 Phase II Ramona Boulevard and Sanderson Avenue Waterline / Approve plans and specifications and authorize City Clerk to proceed with bid advertisement / City Engineer 5.1.7 Supplemental Law Enforcement Services Fund Grant Spending Plan (FY 2003) / Approve / Interim Chief of Police 5.1.8 Resolution No. / A Resolution of the City Council of the City of San Jacinto Authorizing Establishment of Bank Accounts at the Bank of Hemet for CFD 2002-1 / LLPD#2 Reserve Deposits / Approve / Finance Director 5.1.9 Community Development Block Grant (CDBG) Supplemental Agreement Fiscal Year 2003-2004 with Riverside County / Approve / Community Development Director 5.2.0 Fiscal Year 2003-2004 Community Development Block Grant (CDBG) Program Sub Recipient Agreements / Approve / Community Development Director City Council Agenda November 20, 2003 Page 5of6 5.2.1 Final Tract Map 30638 / Western Pacific Housing / Approve contingent upon annexation into the City LLPD No. 2 Authorize the City Manager to execute Subdivision Agreement for T30638 / City Engineer 5.2.2 Final Tract Map 30658-1 and 30658 / Western Pacific Housing / Approve contingent upon annexation into the City's LLPD No. 2 / Authorize the City Manager to execute the Subdivision Agreement / City Engineer 5.2.3 Public Announcement from November 6, 2003 Closed Session: The City, Noble and Eastern Municipal Water District have agreed to settle these two lawsuits (Brian Noble dba Noble Grading & Paving, Real Party in Interest, Case No. RIV 149411 and Noble vs San Jacinto et al, Case No. EDCV 01- 0545 RT (SGLx)) with a monetary payment made by the City to Noble in the amount of $62,500. Appropriation for Settlement Funds for Noble V. San Jacinto, et al, Case No. EDCV 01-0545 RT (SGLx) / Approve / Finance Director 5.2.4 Risk Management Settlement Authority Limits / Resolution No. — / A Resolution to delegate authorization dollar limits for the purposes of settling liability and damage claims against the City and delegate workers compensation claims settlement authority to Staff / Approve / Finance Director 6. MAYOR 1 COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk 7. CLOSED SESSION 7.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Police Officers Association 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Sergeants Association City Council Agenda November 20, 2003 Page 6of6 ADJOURNMENT CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. �. DowayLelsocagaild, od eete,4 S to, do e4 is y rkat 9 caused toAosited rlte aleach " day 41tove0i4x, 2003 co lequened 4 ea4, AGENDA - Amended REGULAR MEETJNG OF THE SAN JACINTO CITY COUNCIL NOVEMBER 20, 2003, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Ja into 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Demler Egg Ranch /Economic Development Specialist 1.5.2 Recognition of San Jacinto Assembly of God Church's Adopt -A - Block Program / Mayor 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report 3. PUBLIC HEARING 3.1 CDBG Public Hearing — Citizen Input for CDBG Programs and Projects / Economic Development Specialist 3.2 Annexation of Property to Landscaping, Lighting and Park District No. 2 LLPD No. 2)of the City of San Jacinto — Annexation No. 9 (Tract No. 30644 and Tract No. 31035) City Council Agenda November20, 2003 Page 2 of 6 3.2.1 Resolution No. / A Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 9) and ordering Engineer's Report / Approve and Adopt / City Attorney 3.2.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 9) / Approve and Adopt / City Attorney 3.2.3 Resolution No. IA Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 9 to LLPD No. 2) / Approve and Adopt / City Attorney 3.2.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. 3.3 Annexation of Property to Landscaping, Lighting and Park District No. 2 (LLPD No. 2)of the City of San Jacinto —Annexation No. 10 (Tract Nos. 30638-1 and 30638) 3.3.1 Resolution No. / A Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 10) and ordering Engineer's Report / Approve and Adopt / City Attorney 3.2.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 10) / Approve and Adopt / City Attorney 3.3.3 Resolution No. / A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 8 to LLPD No. 2) / Approve and Adopt / City Attorney 3.3.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. 0 Call on City Manager Peter Cosentini for his report 3. PUBLIC HEARING 3.1 CDBG Public Hearing — Citizen Input for CDBG Programs and Projects / Economic Development Specialist LI Call on Report 1:1 Open Public Hearing at pm 0 Take public comments 0 Close Public Hearing at pm LI Call on Council for discussion LI If required call for motion and vote w.00, - , se,„i„ — - or Staff 3.2 Annexation of Property to Landscaping, Lighting and Park District No. 2 LLPD No. 2)of the City of San Jacinto — Annexation No. 9 (Tract No. 30644 and Tract No. 31035) 3.2.1 Resolution No. IA Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 9) and ordering Engineer's Report / Approve and Adopt / City Attorney 3.2.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 9) / Approve and Adopt / City Attorney 3.2.3 Resolution No. / A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 9 to LLPD No. 2) / Approve and Adopt / City Attorney 3.2.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. CI Call on Consultant and Engineer John Friedrich for the Engineer's Report LI Call for public comments L3 Call for Council discussion Mayor's Agenda November, 2003 Page 2 of 7 ❑ Call for motion and vote on Resolutions 3.2.1, 3.2.2, and ❑ Open the Public Hearing at p.m. ❑ Call for questions, comments, protests or objections from any persons wishing to speak with respect to Annexation No. 9 ❑ Take note of any written comments from City Clerk ❑ Close the Public Hearing at ` p.m. ❑ Call on Clerk Chouinard to tabulate the ballot and report the results. ❑ Call for Council discussion ❑ Call for motion and vote on 3.2.4 3.3 Annexation of Property to Landscaping, Lighting and Park District No. 2 (LLPD No. 2)of the City of San Jacinto - Annexation No. 10 (Tract Nos. 30638-1 and 30638) 3.3.1 Resolution No. / A Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 10) and ordering Engineer's Report ! Approve and Adopt / City Attorney 3.2.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 10) / Approve and Adopt / City Attorney 3.3.3 Resolution No. / A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 8 to LLPD No. 2) / Approve and Adopt ! City Attorney 3.3.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. ❑ Call for motion and vote on Resolutions 3.3.1, 3.3.2, and 3.3.3 ❑ Open the Public Hearing at p.m. ❑ Call for questions, comments, protests or objections from any persons wishing to speak with respect to Annexation No. 10 ❑ Take note of any written comments from City Clerk ❑ Close the Public Hearing at p.m. ❑ Call on Clerk Chouinard to tabulate the ballot and report the results. ❑ Call for Council discussion ❑ Call for motion and vote on 3.3.4 Mayor's Agenda November 6, 2003 Page 3 of 7 4.1 San Jacinto Police Officer Association Negotiations / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer (no staff report) 4.2 San Jacinto Sergeants Association Negotiations 1 / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer 4.3 January 2004 Meetings - 1st and 3rd Thursdays adjourn to 2"d and 4th Thursdays respectively / Discuss and direct staff / City Manager ❑ Call on City Manager Cosentini for staff report ❑ Call for Council discussion ❑ Call for motion and vote 5.0 CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 11/20/03 / Approve / Finance Director 5.1.2 August 21, 2003 Special Meeting Minutes / Approve / City Clerk 5.1.3 Ordinance 03-28 / An Ordinance Amending Ordinance 340 per Planning Ordinance Amendment No. 02-03 — Amendment to Article 4.05, Residential Districts and Article 5, Standards for Second Units to provide for second units as required by State Law / Approve and Adopt second reading of Ordinance 03-28 and by further motion read by title only: Ordinance 03-28 / An Ordinance of the City Council of the City of San Jacinto, CA, Amending Article 4.03 (Residential Districts)n and Article 5 (Standards for Second Units) of the Zoning Ordinance of the City of San Jacinto, Ordinance No. 340, to Allow Second Units by Right in Residential Zones, as Mayor's Agenda November6, 2003 Page 4 of 7 Required by State La / Community Development Director 5.1.4 Planning Commission Change of Zone 2-03 for Tentative Tract Map 31035 / Community Development Director Ordinance No. 03-29 / An Ordinance Approving Change of Zone 2-03, Re - Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture {A) to R-1 (One -Family Residential) / Approve and Adopt second reading of Ordinance 03-29 and by further motion read by title only: Ordinance No. 03-29 An Ordinance of the City Council of the City of San Jacinto, California, Approving Change of Zone 2- 03, Re -Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture {A) to R-1 (One -Family Residential) 5.1.5 Planning Commission Change of Zone 6-03 for Tentative Tract Map 31396 / Community Development Director Ordinance No. 03-30 / An Ordinance Approving Change of Zone 6-03, Re - Zoning certain Properties Located on the West Side of Chase Street, approximately 260 feet South of the Ramona Expressway from Agriculture (A) to R-1-20,000 (One -Family Residential) / Approve and Adopt second reading of Ordinance 03-30 and by further motion read by title only: Ordinance 03-30 / An Ordinance of the City Council of the City of San Jacinto, California Approving Change of Zone 6-03, Re -Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) 5.1.6 Phase II Ramona Boulevard and Sanderson Avenue Waterline / Approve plans and specifications and authorize City Clerk to proceed with bid advertisement / City Engineer 5.1.7 Supplemental Law Enforcement Services Fund Grant Spending Plan (FY 2003) / Approve / Interim Chief of Police 5.1.8 Resolution No. / A Resolution of the City Council of the City of San Jacinto Authorizing Establishment of Bank Accounts at the Bank of Hemet for CFD 2002-1 / LLPD#2 Reserve Deposits / Approve / Finance Director 5.1.9 Community Development Block Grant {CDBG) Supplemental Agreement Fiscal Year 2003-2004 with Riverside County / Approve / Community Mayor's Agenda November 6, 2003 Page 5 of 7 Development Director 5.2.0 Fiscal Year 2003-2004 Community Development Block Grant (CDBG) Program Sub Recipient Agreements / Approve / Community Developmen Director 5.2.1 Final Tract Map 30638 / Western Pacific Housing / Approve contingent upon annexation into the City LLPD No. 2 Authorize the City Manager to execute Subdivision Agreement for T30638 / City Engineer 5.2.2 Final Tract Map 30658-1 and 30658 / Western Pacific Housing / Approve contingent upon annexation into the City's LLPD No. 2 / Authorize the City Manager to execute the Subdivision Agreement I City Engineer 5.2.3 Public Announcement from November 6, 2003 Closed Session: The City, Noble and Eastern Municipal Water District have agreed to settle these two lawsuits (Brian Noble dba Noble Grading & Paving, Real Party in Interest, Case No. RIV 149411 and Noble vs San Jacinto et al, Case No. EDCV 01- 0545 RT (SGLx)) with a monetary payment made by the City to Noble in the amount of $62,500. Appropriation for Settlement Funds for Noble V. San Jacinto, ct al, Case No. EDCV 01-0545 RT,(SGLx) / Approve / Finance Director 5.2.4 Risk Management Settlement Authority Limits / Resolution No. / A Resolution to delegate authorization dollar limits for the purposes of settling liability and damage claims against the City and delegate workers compensation claims settlement authority to Staff / Approve / Finance Director O If no items are pulled for discussion, call for a motion and vote. O If items are pulled, request a staff report, public comments, a motion, and a vote. D Recess the Regular Meeting to consider the Redevelopment Agency Agenda at O Reconvene the Regular Meeting following the Redevelopment Agency Meeting at P.m. /1. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Mayor's Agenda November 6, 2003 Page 6 of 7 6.1 Committee and/or Agency Agendas / Receive and File/ City Clerk ❑ Call on Council Members for reports ❑ Recess meeting at p.m., reconvening the meeting into closed session at p.m. 7. CLOSED SESSION 7.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Police Officers Association 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Sergeants Association 8. ADJOURNMENT CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act -(ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Mayor's Agenda November 6, 2003 Page 7 of 7 AGENDA - Amended REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 20, 2003, 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 1.2 Roll Call 1.3 Invocation — Rev. Bob Sauter, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Demler Egg Ranch /Economic Development Specialist 1.5.2 Recognition of San Jacinto Assembly of God Church's Adopt -A - Block Program / Mayor 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report 3. PUBLIC HEARING 3.1 CDBG Public Hearing — Citizen Input for CDBG Programs and Projects / Economic Development Specialist 3.2 Annexation of Property to Landscaping, Lighting and Park District No. 2 LLPD No. 2)of the City of San Jacinto — Annexation No. 9 (Tract No. 30644 and Tract No. 31035) City Council Agenda November,20, 2003 Page 2 of 6 3.2.1 Resolution No. / A Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 9) and ordering Engineer's Report / Approve and Adopt /City Attorney 3.2.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 9) / Approve and Adopt / City Attorney 3.2.3 Resolution No. / A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 9 to LLPD No. 2) / Approve and Adopt / City Attorney 3.2.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. 3.3 Annexation of Property to Landscaping, Lighting and Park District No. 2 (LLPD No. 2)of the City of San Jacinto — Annexation No. 10 (Tract Nos. 30638-1 and 30638) 3.3.1 Resolution No. _ / A Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District LLPD No. 2 (Annexation No. 10) and ordering Engineer's Report / Approve and Adopt / City Attorney 3.2.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 (Annexation No. 10) / Approve and Adopt / City Attorney 3.3.3 Resolution No. / A Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 (Annexation No 8 to LLPD No. 2) / Approve and Adopt / City Attorney 3.3.4 Public Hearing / Following the Public Hearing, if the City Council determines that a majority protest does not exist, Approve and Adopt Resolution No. / A Resolution Ordering the Annexation of Territory to Landscaping, Light and Park District No. 2 and Levying of Assessments. CITY DEPARTMENTS 4.1 San Jacinto Police Officer Association Negotiations / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer (no staff report) 4.2 San Jacinto Sergeants Association Negotiations / / Approve and Authorize City Manager or Mayor to execute Memorandum of Understanding (MOU) and/or Impose and Implement terms of last, best and final offer City Council Agenda November 20, 2003 Page`3 of 6 4.3 January 2004 Meetings - 1st and 3rd Thursdays adjourn to 2nd and 4th Thursdays respectively / Discuss and direct staff / City Manager 5.0 CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 11/20/03 / Approve / Finance Director 5.1.2 August 21, 2003 Special Meeting Minutes / Approve / City Clerk 5.1.3 Ordinance 03-28 / An Ordinance Amending Ordinance 340 per Planning Ordinance Amendment No. 02-03 — Amendment to Article 4.05, Residential Districts and Article 5, Standards for Second Units to provide for second units as required by State Law / Approve and Adopt second reading of Ordinance 03-28 and by further motion read by title only: Ordinance 03-28 / An Ordinance of the City Council of the City of San Jacinto, CA, Amending Article 4.03 (Residential Districts)n and Article 5 (Standards for Second Units) of the Zoning Ordinance of the City of San Jacinto, Ordinance No. 340, to Allow Second Units by Right in Residential Zones, as Required by State Law / Community Development Director 5.1.4 Planning Commission Change of Zone 2-03 for Tentative Tract Map 31035 / Community Development Director City Council Agenda November 20, 2003 Paoe'4 of 6 Ordinance No. 03-29 /An Ordinance Approving Change of Zone 2-03, Re Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) / Approve and Adopt second reading of Ordinance 03-29 and by further motion read by title only: Ordinance No. 03-29 An Ordinance of the City Council of the City of San Jacinto, California, Approving Change of Zone 2- 03, Re -Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) 5.1.5 Planning Commission Change of Zone 6-03 for Tentative Tract Map 31396 / Community Development Director Ordinance No. 03-30 / An Ordinance Approving Change of Zone 6-03, Re - Zoning certain Properties Located on the West Side of Chase Street, approximately 260 feet South of the Ramona Expressway from Agriculture (A) to R-1-20,000 (One -Family Residential) /Approve and Adopt second reading of Ordinance 03-30 and by further motion read by title only: Ordinance 03-30 / An Ordinance of the City Council of the City of San Jacinto, California Approving Change of Zone 6-03, Re -Zoning certain Properties Located on the West Side of San Jacinto Avenue 1770 Feet South of the Ramona Expressway from Agriculture (A) to R-1 (One -Family Residential) 5.1.6 Phase II Ramona Boulevard and Sanderson Avenue Waterline / Approve plans and specifications and authorize City Clerk to proceed with bid advertisement / City Engineer 5.1.7 Supplemental Law Enforcement Services Fund Grant Spending Plan (FY 2003) / Approve / Interim Chief of Police 5.1.8 Resolution No. / A Resolution of the City Council of the City of San Jacinto Authorizing Establishment of Bank Accounts at the Bank of Hemet for CFD 2002-1 / LLPD#2 Reserve Deposits / Approve / Finance Director 5.1.9 Community Development Block Grant (CDBG) Supplemental Agreement Fiscal Year 2003-2004 with Riverside County / Approve / Community Development Director 5.2.0 Fiscal Year 2003-2004 Community Development Block Grant (CDBG) Program Sub Recipient Agreements / Approve / Community Development Director City Council Agenda November 20, 2003 Page 5 of 6 5.2.1 Final Tract Map 30638 I Western Pacific Housing / Approve contingent upon annexation into the City LLPD No. 2 Authorize the City Manager to execute Subdivision Agreement for T30638 / City Engineer 5.2.2 Final Tract Map 30658-1 and 30658 / Western Pacific Housing / Approve contingent upon annexation into the City's LLPD No. 2 / Authorize the City Manager to execute the Subdivision Agreement / City Engineer 5.2.3 Public Announcement from November 6, 2003 Closed Session: The City, Noble and Eastern Municipal Water District have agreed to settle these two lawsuits (Brian Noble dba Noble Grading & Paving, Real Party in Interest, Case No. RIV 149411 and Noble vs San Jacinto et al, Case No. EDCV 01- 0545 RT (SGLx)) with a monetary payment made by the City to Noble in the amount of $62,500. Appropriation for Settlement Funds for Noble V. San Jacinto, et al, Case No. EDCV 01-0545 RT (SGLx) / Approve / Finance Director 5.2.4 Risk Management Settlement Authority Limits / Resolution No. I A Resolution to delegate authorization dollar limits for the purposes of settling liability and damage claims against the City and delegate workers compensation claims settlement authority to Staff / Approve / Finance Director 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk 7. CLOSED SESSION 7.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Police Officers Association 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Roger Crawford Employee Organization: Sergeants Association ADJOURNMENT City Council Agenda November 20, 2003 Page 6of6 CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 9. Dawes L'. e ouiwand, eity e elte 6,6, 06 saK Azo4do, do d tery cm* tkat 9 muaed to 2e mated rl� plegoioaa yeader atAt 174 dory 4 7lovecx4 , 2Xi' as wined E9 Eau,. November 20, 2003 TO; Honorable Mayor and Members of the City Council FROM: Tim Hults, Planning Director/ DATE: November 20, 2003 SUBJECT: Community Development Block Grant (CDBG) Program Public Hearing Fiscal Year 2004/2005 RECOMMENDATION: Conduct the Public Hearing to consider comments regarding the use of Community Development Block Grant (CDBG) funds for Fiscal Year 2004/2005. BACKGROUND: The City of San Jacinto receives an annual allocation of Federal Community Development Block Grant Funds through the Riverside County Economic Development Agency. For Fiscal Year 2004/2005, the City expects to receive approximately $230,000. CDBG funds may be used public service activities, construction of infrastructure improvements, and programs such as housing, economic development, and code enforcement. The CDBG Program brings Federal dollars to local communities for the purpose of assisting low- and moderate income residents through public services, infrastructure improvements, economic development projects, and the elimination of blight. Funds are allocated based on population and the number of low- and moderate income households in each city. To be eligible for CDBG funding a program or project must meet one of three following national objectives: ■ Activities benefiting low and moderate income persons/households. ■ Activities which aid in the prevention or elimination of slums or blight. ■ Activities designed to meet community development needs having a particular urgency. Programs and/or projects must also meet the eligibility requirements of the CDBG program. Of the $230,000 in anticipated funding, a maximum of 15% may be used on public service activities and 85% for projects and non-public service programs. Page 1 of 2 As a requirement of receiving CDBG funds, the City must provide the opportunity for public comment regarding program/project funding. This PulDlic Hearing provides the opportunity for public comment. The Notice of Public Hearing was published on November13, 2003. TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Annexation of Property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto - Annexation No. 9 (Tract Nos. 30664 and 31035) RECOMMENDATION: 1. Adopt the following resolutions: a. Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 9") b. Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 9"). c. Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 9"). 2. Conduct Public Hearing and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, adopt Resolution No. / A Resolution Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments. BACKGROUND: In connection with the development of Tract Nos. 30664 and 31035, which are generally located south of the Ramona Expressway and west of San Jacinto Avenue, the City has required that the property be annexed to Landscaping, Lighting and Park District No. 2 to finance the cost of maintaining and servicing various improvements that will benefit the property within that development. The property proposed to be annexed to the district will receive the special benefit of the improvements and will be assessed to pay the costs of maintenance of street lighting, parkway landscaping, parks, drainage facilities and incidental expenses of the assessment district. City Manager: Finance Director: Page 1 of 2 Staff is recommending that the City Council take all action that is necessary to annex the property in Tract Nos. 30664 and 31035 during the City Council meeting on November 20, 2003. The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich & Associates, Inc., to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the property in Tract Nos. 30664 and 31035 to Landscape, Lighting and Park District No. 2. The resolution of intention also schedules the public hearing on the annexation and the levy of the assessments upon the property proposed to be annexed to the District for November 20, 2003. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the record owners of all property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on November 20, 2003. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments and many of the services and improvements that would have been financed by the District probably will not be provided in the area proposed to be annexed to the District. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If formed, the District would finance the cost of maintaining and servicing various improvements that will benefit the property located within the area proposed to be annexed to the District, including street lights, traffic signals, landscaping and drainage facilities. BUDGETARY IMPACT: No cost is attributed to this action. Page 2 of 2 STATE OF, CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2 (ANNEXATION NO. 9) AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT WHEREAS, it has been determined by the City Council ("City Council") of the City of San Jacinto ("City") that the public interest, convenience and necessity require the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks, drainage facilities and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2003-04 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the California Streets and Highways Code. 3.49 ORANGE'JR 1,7235 SECTION 2. The Improvements shall include the following: SECTION 3. SECTION 4. SECTION 5. (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. The property to be specifically charged for the maintenance and servicing of such improvements shall include all of the land in Tract No. 30644 and Tract No. 31035 in the County of Riverside, which is generally located south of Ramona Expressway and west of San Jacinto Avenue in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 9 to Landscaping, Lighting and Park District No. 2". The property described in Exhibit "A" which is proposed to be included within the proposed boundaries of Annexation No. 9 to the District is presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. GFB-Friedrich and Associates, Inc., the District's engineer ("Engineer"), is ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the annexation of the property described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the maintenance and servicing of the improvements described in ORANGE\JR'7235 Section 2 hereof during fiscal year 2003-04. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council ADOPTED, SIGNED AND APPROVED this 20th day of November, 2003. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP UI NGE,.nzb23 I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20 day of November, 2003, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2003 Dorothy L. Chouinard, City Clerk ORANGE\JR,' 235 Annexation No. 9 to Landscaping, Lighting and Park District No. 2 Legal Description TRACT 30644 The land situated in the State of California, County of Riverside, City of San Jacinto described as follows: THE SOUTH HALF OF THE NORTH HALF AND THE NORTH HALF OF THE SOUTH HALF OF FARM LOT 104 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 257 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY Assessor's Parcel Number: 434-160-009 TRACT 31035 The land situated in the State of California, County of Riverside, City of San Jacinto described as follows: THE SOUTH QUARTER OF LOT 104 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP OF FILE IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA Assessor's Parcel Number: 434-160-010 ORANGE\JR\7235 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO (ANNEXATION NO. 9) WHEREAS, on November 20, 2003, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1. SECTION 2. The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, drainage facilities, parks and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of passage of Resolution No. , are hereby preliminarily approved and confirmed. ORANULLIR/7336 The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. SECTION 4. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 8 to the District. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. APPROVED, ADOPTED, and SIGNED this 20th day of November, 2003. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP OP_ANGEIJ2/7336 I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20th day of November, 2003, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2003 Dorothy L. Chouinard, City Clerk ORANGE/JR,7336 ENGINEER'S REPORT Annexation No. 9: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2 Preliminary Date: November 20, 2003 November 20, 2003 Confirmed Date: INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No. 9 to the district known as LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 in the CITY OF SAN JACINTO (hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals; the installation, maintenance and servicing of landscaped areas (parkways, medians, open space, detention/retention basins, etc.); the installation, operation, maintenance and servicing of municipal parks; the installation, operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items; all of which are located in public rights -of -way or easements in the District. Reference is hereby made to the: ENGINEER'S REPORT Formation of CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Fiscal Year 2003-2004, that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer's Report," which is hereby incorporated herein as though set forth in full, BOUNDARIES OF DISTRICT The proposed boundary of Annexation No. 9 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A" and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto City Hall). Exhibit "A" serves as the Assessment Diagram for Zone 9 of the District and a copy of said Exhibit "A" may be found in the Appendix to this Report. The boundary includes the parcels of land that are located in the vicinity of street lighting, landscaping, drainage and/or park improvements that were, or soon will be, installed as a condition of approval of a land development project; the operation and maintenance of which will be funded by this assessment district. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor's office or by a tract and parcel number legal description. Zones The 1972 Act provides for areas within a district to be classified into different zones. Annexation No. 9 to Landscaping, Lighting and Park District No. 2 is comprised of a single zone. The costs of the installation, operation, maintenance and servicing of the various improvements and facilities within this zone, will be separately determined, and incidental costs will be prorated and added to determine the total cost. This zone is comprised of Tract Nos. 30644 and 31035, and is designated as Zone 9. Future annexations will be assigned Zone designations; e.g. Zone 11, Zone 12, Zone 12A, Zone 13, etc., as appropriate. IMPROVEMENTS The authorized facilities and items of servicing and maintenance are described in the "Master Engineer's Report." Said description is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Zone 9 improvements The improvements included in Zone 9 to be installed, operated, serviced, and maintained are street lighting; parkway and channel landscaping; and drainage facilities (pipe, channels, catch basins, drainage pumping station, junction structures, and connections to pipe and channels). Also included is graffiti removal. ************************************************* Plans and Specifications The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No. 9 are on file in the office of the City Clerk and are incorporated herein by reference. FINANCIAL ANALYSIS The estimated annual cost requirements for Zone 9, for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B," attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility, and for incidental costs to be funded by the District. Notes: LLPD No. 2 - Engineer's Report 2 Annexation No. 9 1. Incidental Costs are prorated in proportion to the respective servicing and maintenance costs for each facility or improvement Future annexations will be treated in a similar manner METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the total assessments among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements. Said method is described in the "Master Engineer's Report" and is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. ASSESSMENT FORMULA The basic formula used to calculate the amount allocated to each lot or parcel within the District for each type of improvement or facility is described in the "Master Engineer's Report." Said formula, including but not limited to, the table entitled "ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD," and subsections entitled Special Benefit Analysis, Street Classification and corresponding General Benefit (%), and Assessment of Public Property is included within this report by reference. LIMITATION ON INCREASE OF ANNUAL ASSESSMENT The City Council intends to increase assessments, on an annual basis when necessary, in accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles - Anaheim -Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics; provided however, that any such annual increase shall not exceed seven and one-half percent (7.5%). The current Southern California telephone number for the Consumer Price Index (CPI) Hotline is (310) 235-6884. ASSESSMENT SPREAD The individual Zone 9 assessments, tabulated by Assessor's Parcel Number or other form of identification, are shown on the Assessment Spread on file in the Office of the City Clerk of the City of San Jacinto and attached hereto as Exhibit "C." The total cost of the improvements described in the "Improvements" section of the report for Annexation No. 9 for fiscal year 2003- 2004 is estimated to be $111,928.07. The maximum annual assessment per Assessment Unit (AU — also equivalent to one single-family dwelling unit) for the 2003-2004 fiscal year is $497.46. LLPD No. 2 - Engineer's Report Annexation No. 9 DlilCH A SOC., INC. JOHN A. FRIEDRICH, P.E. Date: LLPD No. 2 - Engineer's Report 4 Annexation No. 9 APPE I IX EXHIBITS Exhibit "A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit "C" - Assessment Spread \‘.5 ROOD comm. 41 aa66Y-! APN 434 88 1 6 . 83 70' 67' 87 57' 70' 30 67' 88 67' 0' 6r 89 67' 70 81 ? 60 n' 70' 64' 29 20 84' 64' 13 A 64' 4 64' 28 70 6 67' 71 67' 6r 72 6r 67' 10 SPINNAKER 7070' 59 58 1.4 70' 43 42 452.00' 64' to 12 r 6r Sr 57 p 77. N' 64' 57' 27 = 26 = 25 S I 64' 64' 84 5 8 64' 64 460.00' 64' to 13 64 64' 6 h/ F16.v' 7RADEWINDS 7 132Dt 67' 9 67 6 8 67 112' 0 12 2 112' 13 2 112 2 14 112' 2 15 112' 16 112' • 2 17 2 112' 2 18 2 112' 19 g 112' 20 2 112' 21 112' 2 22 2 2 23 2 2 24 2 112 2 25 112' 2 28 2 112' 27 60' 1320t TRACT N 0. 3 1 0 560.50' 7- 7- 1- SEE SHEET 2 TRACT 80644 r4 rC -< PAP Rc6 85' ar 12' 2 43 112' 2 42 112' 41 112' 40 112' 2 39 2 112 2 38 112' 37 112' 36 ' 112' 2 35 2 112' 8 34 2 112' 2 33 2 112' 2 32 2 112' 2 31 2 112' 2 30 g 2 29 2 3 5 112' 28 PROP BCH ea' ea. 52 g 46 it 77 68' 362.65' 77' 48 $ 72 67' •g49 60 g 47 $ 7 51 m' 64' 43' 41( CHTHOUSE CS s58 55 •. 126' 5r 52 53 T. MARTINEZ RD. 1- 4.N w CG 33' ^4 0 • 1 Z en U, Of 2 EXHIBIT: "A" BOUNDARY MAP LANDSCAPING, LIGHTING AND PARK DISTICT NO. ANNNEXA TION O. for the CITY OF SARI JACINTO FISCAL YEAR 2OO4-2OO5 VICINITY N.T.S. FILED N THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN 44CNTO, COUNTY OF RIVERSIDE, STATE Of CNIF0RN4& THIS_DAY OF 20. CITY CLERK FILED IN THE OFFICE OF THE COUNTY AUDITOR, COUNTY RRTfERSWE, STATEF FORNIA, T16S®DAY of CRY CLERK THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE DISIHw1 IS THE ASSESORS PARCEL NUMBER AS ASSIGNED BY THE COUNTY OF RNERSIOE An=`:SDR'S OFFICE THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL Of LAND WITHIN THE DISTRICT ARE SHOWN ON THE ASSESSOR'S PARCEL IMPS ON FRE IN THE OFFICE OF THE RIVERSIDE COUNTY ASSESSOR LEGEND .-N;i STREET UJHT INDICATES LANDSCAPING ASSESSMENT DISTRICT BOUNDARY CATCH BASIN STORM DRAIN 20, bDA9 TK: 1 109' 53 108' 54 0 11D' R 55 • 110' 30' R 58 Ri.3 Ito' R 57 R 110' 8 R5 110' 50 • i n 1 CO' 80 • 30 55. $ 52 8 ea' 72' 847$ 1e' 57 51 S 91 e2' 50 82' 120 48 E 45 sti STREET 102' 174' ry �� g 40 73' 39.8 ' 71' 83 70' re' 41 • 42 100' 62' 49 8 e2' 43 s 91' 1 .28' 73' 38 g 73' 68' 84 73' 37 g 73' 73' 38 73' * 404' es' 1.4 65 68' e8' 88 e8' 48 $ so' 112' 35 112' 34 112' h 33 P 112' k 32 -12 112' or 87 65' 30' 66' 88 ea' 1326'i 3C' h" 07' 1, 24 Iv 112 g 25 112' g 28 g 112 112' g 29 g 112' n 30 97' STREET 88' 89 se' 80' 70 12. o ° so' a—e 47' 7' 2') 23 112' g 22 g 112' g 21 112' g 20 g 112' g 19 g 112' •g 18 g 112' 17 97' 60' 30' 'B' se' 72 p 65' ea' 73 ee' 72' 012 e6' 74 ee' SAN JACINTO VALLEY ACADEMY TRACT 31035 7 15 g 14 g 13 $ 77 77' 77 52' 132 371' e5' 75 7 131' 77' 2 g 6B' 78 23' n' $ 57 ,o 72' 2 ce W 2 EXHJR/T - "A BOUNDARY AP LANDSCAPING, LIGHTING AND PARK DISTRICT AN EXA TION NO. for fin® CITY OF SAN JACINTO FISCAL YEAR 20044-2005 THE ASSESSMENT NUMBER FOR EACH Lilt OR PARCEL WITHIN THE DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED 8Y THE COUNTY OF RIVERSIDE AcCCGSOR'S OFFICE THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL OF LAND WITHIN THE DISTRICT ARE SHOWN ON THE ASSESSOR'S PARCEL MAPS ON FILE IN THE OFFICE OF THE RNERSIDE COUNTY ASSESSOR. LEGEND 1-0 S IRCLI LIGHT INDICATES LANDSCAPING ASSESSMENT DISTRICT BOUNDARY CATCH BASIN STORM DRAIN SCALE o` 4?110 IOC ( PA FEET ) I inch ®80 R. OM m, TOO tea: 11:83 AM CITY OF SAN JACINTO LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2 Annexation No. 9 (Zone 9) COST ESTIMATE Item Quantity Unit Unit Cost/ Month Street Lights Park Maintenance Landscape Maintenance Storm D . in Maint. Graffiti Removal TOTALS Cost/Mo. Cost/Yr Cost/Mo. Cost/Yr. Cost/Mo, Cost/Yr. Cost /Mo. Cost/Yr CostMo, Cost/Yr, Per Month Per Year Tract Nos. 30644 and 31035 (225 Residential Lots) Skeet Lights and Traffic Signal Street Lights 22000 lumen 10 Ea $ 1408 . .. $14080 . $1,68960 ... Less ban [al kYeileftts l4 0Ff1-1ghx 5 6 LIgFd . ; ($7 (8 !„0,4) ,. ($967 (Y4. 9,50u lumen 42 Ea. $9,62 $40404 $4-84848 --- 8 Traffic Signal - San Jacinto St (a). Ramona Expwy $404 04 $4 848 48 Maintenance Cost 1 L.S /Mo $219.17 $219. 17 $2,630.00 $21917 $2,630.00 Energy Cost ($55/Signal/Month) 1 L S /Mo $55,00 $55 00 $660 00 ,. $55 00 $660.00 LASS SSenef4UGeneitt (8Q%fgr. Pass Thi'o0gt1 ,' t . Tr' Galtd ¢ ftlrpta,pr0$6tt tr1• 1a „iour,q+taigants f'" .aroun�'�B SfflN�3, Park Maintenance There is no Neighborhood Park planned within this project. Within one-half mile of this project is Sallee Park. Within one mile are Mistletoe Park and Druding Park. All of these recreation facilities are readily available to the residents of this pro ect. $50.00/lot /year 225 Lot $50/yr $937.50 $I1,250.00 $937.50 $11,52..OA0 LandscaLe Maintenance Parkways' Tr. 30644 (San Jacinto Sp 5,890 S.F. $0.0088 $51.83 $621 98 $5183 $621 98 Tr. 30644 (side yards) 8,590 S.F. $0.0088 $75.59 $907.10 $75.59 $907.10 Tr. 31035 (San Jacinto St) 2,680 S.F. $0.0088 $23.58 $283.01 $23.58 $283.01 Tr. 31035 (side yards) 5,560 S.F. $0.0088 $48.93 $587.14 S48,93 $587.14 Both Tracts - Line "J' Inig. Grass Channel 64,420 S.F. $0.0068 $566.90 $6,602.75 $566.90 $6,802.75 Storm Drain Maintenance Storm Drain & Catch Basins (on -site) "J" 22 Man-hr. $50 $1,100.00 $13,200.00 $1,100.00 $13,200. 0O Line Channel (within project) 12 Man-hr. $50 $ .00 00 $7,200.00 $600,60 $7,200.00 West Boundary Channel 8 Man-hr. $50 $400.00 $4,800.00 $400.00 $4,800.00 Pump Station Maintenance. Weekly Pump Test 4.33 Man-hr. $50 $310.00 300.00 Maintain, Dverhaul & Repair 1 L.S. $300 $30000 $,.00 $3,60000.00 $300.00 $2 600:00 $3 600.00 Detention Basin (2 each) Maintenance 6 Man-hr. $50 $300. DO $3,60000 $300.00 $3,600.00 Graffiti Removal 1 L.S. $275 $275 00 $3300,00 - 275.00 3,300,00 Subtotal, Maintenance and Servicing $498.34 $5,980.04 $937.50 $11,250.00 $766.83 $9 201. 98 $2.916.50 $34,998.00 $275 00 $3300,00 $5,394.17 $64,730.02 Contingency (1 CM) $49.83 559890 $93.75 51,125.00 $76.68 $920.20 $291.65 $3,499.80 $27.50 $330.00 $539.42 $6,473.00 TOTAL, Maintenance and Servicing $548.17 $6,578.04 $1,031.25 $12,375.00 $843.52 $10,122.18 $3,208.15 $33,497.30 $302 50 $3,630.00 $5,933.59 $71,203.03 Incidental Costs Assessment Engineer 1 LS, $5,675/yr $43.69 $524.28 $8219 $936.31 $67.23 $866.7r $25569 $3,068.34 $24.11 $289.32 $472,92 $5675.00 Legal Counsel 1 L.S. $5,375/yr $41.38 $496.57 577.85 $934.17 $6368 $764.11 $242.13 $2,906.13 $22.84 $274.02 $44792 - 55,375.00 City Administration 1 L.S. $44751yr $34.45 $4'13.42 $64.81 $777.75 $53.01 $636.16 $201.63 $2,419.52 : $19.01 $228.14 ' $372.92 $4,475.00 City Inspection Costs 1 L.S. $13,800/yr $106.24 $1,274.91 S199.87 $2,39842 $163.48 $1,961.80 $621,78 07,461.33 $5363 $703,54 $1,15000 $13,800,00 County Collection Fees I L.S. $230/yr S1.77 $2125 $3.33 $39.97 $2.72 $32.70 $10.36 $124.36 $0.98 $11.73 $19.17 $230.00 Miscellaneous 1 L.S. $3,570/yr $27.48 $329.81 551.71 $620.46 $42.29 $507.51 $160.85 $1,930.21 $15,17 $182.00 $297.50 53,570.00 Reserve Fund 'I L.S. $7,600/yr $58.51 $702.12 $110,07 $1,320.84 $90.03 $1 p80.36 " $342.43 $4,109.16 $32.29 $387.48 : . $633.33 $7,600.00 TOTAL, Incidental Costs $40,725/yr $313 53 $3,762.37 $589. B3 07,077,92 0482.45 55,789.39 $1,834.92 522,019,06 0173,02 $2,07622 53,393 75 $40,725.00 Contributions to the District 0.00 0.00 0.00 0 DO 0.00 0.00 0.00 0.00 0.DO 000 0 ' 0.00 TOTAL AMOUNT TO ASSESSMENT 086170 $10,340.41 $1,621. 08 519,452.92 $1,32596 $15,911.57 $5,043.07 $60,51686 $475.52 $5,706.22 $9327.34 5111928.07I Assessment Rer Lot= $497.46 J October 20, 2003 B-1 Exhibit "B" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 9 (Zone 9) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal . Dollars per AU - ($) Assessment per Parcel ; ($) TRACT No. 30644 Phase 1 (76 Lots) Lot 1 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497,46 $497.46 Lot 2 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 Na 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 - $497.46 $497.46 Lot 3 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 Na 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 4 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25,36 $497.46 $497.46 Lot 5 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 6 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 7 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 8 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 " $49746 $497 46 Lot 9 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 10 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 11 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497,46 Lot 12 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 nfa 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 13 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 ' $497.46 $497.46 Lot 14 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $49746 $497.46 Lot 15 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 - $497.46 $497.46 Lot 16 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 17 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 18 Pastor, Steven & Mary, Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 19 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1,00 $45.96 - $86.46 $70.72 $268,96 $25.36 $497.46 $497.46 Lot 20 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 nia 1.00 $45.96 $86.46 $70.72 $268.96 $25 36 $497.46 $497.46 Lot 21 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 22 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45-96 $86.46 $70.72 $268.96 $25 36 - $497.46 $497.46 Lot 23 Pastor. Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70 72 $268.96 $25 36 - $497.46 $497.46 Lot 24 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n?a 1.00 $45.96 $86.46 - $70.72 $268 96 $25.36 $497.46 $497.46 Lot 25 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 nla 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497,46 Lot 26 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 27 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 28 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 29 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86,46 " $70.72 $268.96 $25.36 $497.46 $497.46 Lot 30 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 nfa 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 31 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 32 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 - $497.46 $497 46 Lot 33 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 C-1 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 9 (Zone 9) ASSESSMENT SPREAD Parcel Identification Proposed Assessable Asmt. Storm Dollars Assessment Number) Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti - per AU per Parcel (Lot Code (acres) (AU) Maint. Maint. Maint Removal ($):.- ($) Lot 34 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 35 Lot 36 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 - $497.46 Lot 37 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 38 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1,00 $45.96 $86.46 $7072 $268,96 $25.36 $497.46 $497.46 Lot 39 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268,96 $25.36 $497.46 $497.46 Lot 40 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497:46 $497 46 41 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 497.46 42 Lot 43 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70 72 $268.96 $25.36 $497.46 $497.46 Lot 44 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268,96 $25.36 $497:46 $497.46 Lot 45 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 46 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 47 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n;a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 : $497.46 $497.46 Lot 48 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $49746 $497.46 49 Lot 50 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 nla 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 51 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 nla 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 52 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1 00 $45.96 $86,46 $70.72 $268 96 $25.36 : $497.46 $497.46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 nla 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 53 Lot 54 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 55 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96' $25.36 $497.46 $497 46 Lot 56 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 57 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25 36 $497.46 $497.46 Lot 58 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 : $497.46 $497.46 Lot 59 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 60 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.OQ $45.96 $86.46 $70.72 $268.96 $25,36 $497.46 $497.46 Lot 61 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268,96 $25.36 $497.46 $497.46 Lot 62 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25,36 : $497.46 $497.46 Lot 63 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25,36 ": $497.46 $497.46 Lot 64 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 65 Pastor, Steven & Mary; Buctrrvitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 - $497.46 $497.46 Lot 66 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 67 Pastor, Steven & Mary; Buchwitz. Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 '$497.46 $497.46 Lot 68 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497,46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 69 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497:46 $497,46 C-2 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 9 (Zone 9) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint Graffiti Removal Dollars per AU " ($) Assessment per Parcel ($) Lot 70 Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 71 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 72 Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 73 Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 ' $25.36 $497.46 $497.46 Lot 74 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 75 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 76 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Phase 2 (72 Lots) Lot 1 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 2 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25 36 $497.46 $497.46 Lot 3 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 4 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25 36 $497.46 $497.46 Lot 5 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25 36 $497.46 $497.46 Lot 6 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 - $25.36 $497.46 $497.46 Lot 7 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 : $497.46 $497.46 L_ot 8 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 9 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 10 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 11 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1 00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 12 Pastor,Steven & Mary; Buchwitz, Karl & Reba TR R1 n!a 1 00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 13 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $49746 $497.46 Lot 14 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 - $70.72 $268.96 $25.36 $497.46 $497.46 Lot 15 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36: $497.46 : $497.46 Lot 16 Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70 72 $268.96 $25,36 $497.46 $497.46 Lot 17 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 - $70.72 $268.96 $25.36 $497.46 $497.46 Lot 18 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25 36 $49746 $497.46 Lot 19 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25 36 $497.46 $497.46 Lot 20 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86-46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 21 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 - $268.96 ; $25.36' ` $49746 $497.46 Lot 22 Pastor, Steven & Mary, Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86:46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 23 Pastor, Steven & Mary Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $407.46 Lot 24 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 25 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $49746 $497.46 Lot 26 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70 72 $268.96 $25.36 $497:46 $497.46 Lot 27 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 ' $70.72 $268.96 $25.36 $49746 $497.46 C-3 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 9 (Zone 9) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Assessable Acreage Asmt. Units Street Lights Park Landscape Storm Drain Graffiti Dollars per AU Assessment per Parcel Code (acres) (AU) Maint. Maint. Maint. Removal ($) ($) Lot 28 Lot 29 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45,96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 30 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 31 Steven & Mary, Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 32 Steven & Mary, Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 33 Steven & Mary Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 34 Steven & Mary Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 35 Steven & Mary Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 36 Steven & Mary; Buchwitz, Karl & Reba TR Pastor, R1 Na 1,00 $45.96 $86.46 $70.72 $268 96 $25.36 $497:46 $497.46 Lot 37 Steven & Mary; Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 38 Steven & Mary Buchwitz, Karl & Reba TR Pastor, R1 n/a 1 00 $45.96 $86.46 $70.72 $268.96 ' $25.36 $497:46 $497.46 Lot 39 Steven & Mary; Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 ' $497.46 $497.46 Lot 40 Steven & Mary Buchwitz, Karl & Reba 1R Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 - $497.46 $497.46 Lot 41 Steven & Mary; Buchwitz, Karl & Reba TR Pastor, Steven R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497:46 $497.46 Lot 42 & Mary; Buchwitz, Karl & Reba 1R Pastor, Steven R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 - $497.46 $497.46 Lot 43 Lot 44 & Mary; Buchwitz, Kad & Reba TR Pastor, Steven & Mary; Buchwitz, Karl & Reba TR Pastor, Steven R1 R1 n/a n/a 1.00 1,00 $45.96 $45 96 $86.46 $86.46 $70.72 $70.72 $268.96 $268.96 $25.36 $25.36 $497.46 $497.46 $497.46 $497.46 Lot 45 & Mary; Buchwitz, Karl & Reba TR Pastor, Steven R1 n/a 1.00 $45.96 $86.46 $70,72 $268.96 $25.36 - $497.46 $497.46 Lot 46 & Mary Buchwitz, Karl & Reba TR Pastor, Steven & R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 47 Mary Buchwitz. Karl & Reba TR Pastor, Steven Mary R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 48 & Buchwitz, Karl & Reba TR Pastor, Steven R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 49 Lot 50 Lot 51 & Mary Buchwitz, Karl & Reba TR Pastor, Steven & Mary Buchwitz, Karl & Reba TR Pastor, Steven & Mary Buchwilz, Karl & Reba TR Pastor, R1 R1 R1 n/a n/a n/a 1.00 1.00 1.00 $45.96 $45.96 $45.96 $86.46 $86.46 $86.46 $70.72 - $70.72 $70.72 $268 96 $268 96 $268 96 $25.36 $25 36 $25.36 $49746 $497.46 $497.46 $497.46 $497.46 $497.46 Lot 52 Lot 53 Steven & Mary Buchwilz, Karl & Reba TR Pastor, Steven & Mary Buchwitz, Karl & Reba TR Pastor, Steven & R1 R1 n/a n/a 1.00 1.00 $45.96 $45.96 $86.46 $86,46 $70.72 $70.72 $268.96 $268.96 : $25.36 `: $25.36 $497.46 $497.46 $497.46 $497.46 Lot 54 Lot 55 Lot 56 Lot 57 Mary; Buchwitz, Karl & Reba TR Pastor, Steven & Mary; Buchwitz, Karl & Reba TR Pastor, Steven & Mary; Buchwitz, Karl & Reba TR Pastor, Steven & Mary Buchwitz, Karl & Reba TR Pastor, Steven Mary; R1 R1 R1 R1 n/a n/a n/a n/a 1.00 1.00 1.00 1.00 $45.96 $45.96 $45.96 $45.96 $86.46 $86.46 $86.46 $86 46 $70.72 $70.72 $70.72 $70.72 $268.96 $268.96 $268.96 $268.96 $25.36 $25.36 $25.36 $25.36 $497.46 $497.46 $497.46 $497.46 $497.46 $497.46 $497.46 $497.46 Lot 58 Lot 59 Lot 60 & Buchwitz, Karl & Reba TR Pastor, Steven & Mary; Buchwitz, Karl & Reba TR Pastor, Steven & Mary Buchwitz, Karl & Reba TR Pastor, Steven R1 R1 R1 n/a n/a n/a 1.00 1.00 1.00 $45.96 $45.96 $45.96 $86 46 $86 46 $86.46 $70.72 $70.72 $70.72 $268.96 $268.96 $268.96 $25 36 $25 36 $25.36 $497.46 $497.46 $497.46 $497.46 $497.46 $497.46 Lot 61 & Mary; Buchwitz, Karl & Reba TR Pastor, Steven R1 Na 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 - . $497.46 $497.46 Lot 62 & Mary; Buchwitz, Karl & Reba TR Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 63 Steven & Mary; Buchwitz, Karl & Reba 1R Pastor, R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 ' $497.46 $497.46 C-4 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 9 (Zone 9) ASSESSMENT SPREAD Parcel Identification Proposed Assessable Asmt. Storm Dollars Assessment Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU per Parcel (Lot Number) Code (acres) (AU) Maint. Maint. Maint. Removal - ($).. -. ($) Lot 64 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 65 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 66 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 67 Lot 68 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR Pastor, Steven & Mary; Buchwitz, Karl & R1 R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 69 Reba TR Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a n/a 1.00 1.00 $45.96 $45.96 $86.46 $86.46 $70.72 $70.72 $268.96 $268.96 : $25.36 $25.36 - $497.46 $497:46 $497.46 $497.46 Lot 70 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 _ $497:46 $497.46 Lot 71 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 72 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 TRACT Noe 31035 (77Lots) Lot 1 Lot Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 25.36 $497.46 $497.46 2 Lot 3 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 " $497.46 $497.46 Lot 4 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.90 $25.36 '497.40 $497.46 5 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 Ma 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $497:46 $497.46 6 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25 36 > $497.46 $497.46 7 Lot 8 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 - $268.96 $25.36 $497:46 $497.46 Lot 9 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 10 Pastor, Steven & Mary; Buchwrtz, Karl & Reba TR R1 n/a 1,00 $45.96 $86.46 $70.72 $268,96 $25.36 $497.46 $497.46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497:46 $497.46 11 Lot 12 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 `` $497.46 $497.46 Lot 13 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $75.36 $497.46 $497.46 Lot 14 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 15 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $7072 $268.96 $25.36 $497 46 $497.46 Lot'16 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 17 Lot 18 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 19 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 20 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 -` $497.46 $497.46 Lot 21 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 22 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 ' $70.72 $268.96 $25.36 ' $497.46 $497.46 Lot 23 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25,36 $497.46 $497.46 Lot Pastor, Steven & Mary; Buchwitz, Kari & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 24 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86 46 $70.72 $268 96 $25.36 $497.46 $497.46 C5 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 9 (Zone 9) ASSESSMENT SPREAD Parcel Identification Proposed Assessable Asmt. Storm Dollars Assessment Number) Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Graffiti per AU per Parcel (Lot Code (acres) (AU) Maint. Maint. Maint. Removal ($) : ($) Lot 25 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1 00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 26 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 27 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 28 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 29 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 30 Lot Pastor, Steven & Mary; Buchwitz, Kari & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268,96 $25.36 $497.46 $497.46 31 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 32 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 33 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 34 Lot 35 Pastor, Steven & MaryBuchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 36 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 37 Pastor, Steven & Mary, Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 38 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 39 Pastor. Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 40 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 41 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 42 Lot 43 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 44 Pastor, Steven & MaryBuchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 45 Pastor, Steven & Mary, Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497:46 $497.46 Lot 46 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497:46 $497.46 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 47 Lot Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 48 Lot 49 Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 50 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1 00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 51 Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268,96 $25 36 $497.46 $497.46 Lot 52 Pastor, Steven & Mary; Buchwitz, Karl & Reha TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25 36 $497:46 $497.46 Lot 53 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 54 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497i46 $49746 Lot 55 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 - $497.46 $497.46 Lot 56 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 57 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 58 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 " $70.72 $268 96 $25.36 $497'46 $49746 Lot 59 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 60 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45 96 $86.46 $70.72 $268 96 $25.36 - $497:46 $497.46 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497146 $497.46 C-6 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 9 (Zone 9) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain . Maint. Graffiti `. Removal Dollars per AU ($) Assessment per Parcel -.i ($) Lot 61 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 497.46 Lot 62 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 497.46 Lot 63 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72' $268.96 $25.36 $497.46 $497 46 Lot 64 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 - $497,46 $497 46 Lot 65 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 $497.46 $497.46 Lot 66 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 67 Pastor, Steven & Mary Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 68 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 69 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 - $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 70 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 " $497.46 $497.46 Lot 71 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268 96 $25.36 ` $497.46 $497 46 Lot 72 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 73 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86 46 $70.72 $268.96 $25.36 - $497.46 $497,46 Lot 74 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 75 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497.46 Lot 76 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 $70.72 $268.96 $25.36 $497.46 $497 46 Lot 77 Pastor, Steven & Mary; Buchwitz, Karl & Reba TR R1 n/a 1.00 $45.96 $86.46 " $70.72 $268.96 $25.36 $497.46 $497.46 TOTALS 225.00 $10,340.41 $19;452.92 $15,911.57 $60,516.86 $5,706 22-' $111;928.07 Current Ownership: 1) Pastor, Steven A. & Mary F. Address: P.O. Box 1205, San Jacinto, CA 92581 2) Buchwitz, Karl & Reba C., Trustees of the Buchwitz Family Trust, as to an Undivided One-half Interest Address: P.O. Box 1124, Hemet, CA 92546 C-7 Applicant: Vantage Develop Address: 586 West Fine Drive, Salt Lake City, U ah 84115 '' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2, TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2003-2004 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON (ANNEXATION NO. 9) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks, and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates; Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lighting, street trees, parkways, median islands, city parks and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the same Improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No.1. WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: 0R.ANOR']R•11363 SECTION 1. SECTION 2. Findings. The City Council of the City of San Jacinto finds that: (a) The foregoing recitals are true and correct; (b) The report of GFB Friedrich and Associates, Inc. (the "Report") contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council; (c) The assessments, which are proposed to be levied for fiscal year 2003-2004 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, street trees, parkways, median islands, landscaping, parks, drainage facilities and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, street trees, parkways, median islands, landscaping, parks, drainage facilities and appurtenant improvements; (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1, and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2003-2004 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and ORANGE/JRl7303 SECTION 3. enforcement of county taxes shall apply to the collection and enforcement of the assessments. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 9 to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The property which is proposed to be annexed to the District and which comprises Annexation No. 9 is all the property which is within and subject to Tract No. 30644 and Tract No. 31035 in the County of Riverside and which is identified by Riverside County Assessor's Parcel Numbers 434-160-009 and 434-160-010. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 9 will be designated as Zone 9 of the District ("Zone 9"). The boundaries of Annexation No. 9 or Zone 9 are further described and shown in the Report. The territory included within Zone 9 is generally located south of the Ramona Expressway and west of San Jacinto Avenue in the City of San Jacinto, County of Riverside. Upon completion of ORANGE/JR/7305 SECTION 5. SECTION 6. SECTION 7. the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1. Report and Assessments. The Report, which is on file with the City Clerk of the ; City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a ` full and detailed ; description of the Improvements, the boundaries of Annexation No. 9 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 9 for fiscal year 2003-2004. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 9 or Zone 9 of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles Anaheim — Riverside Area; provided however that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one—half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessment ballots, which are to be mailed to the owners of assessable parcels of property in Annexation No. 9 or Zone 9, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. Hearing. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District No.1, and the assessments which are proposed to be levied for fiscal year 2003-2004 is set for 7:00 p.m. on November 20, 2003, at the San Jacinto Unified School District Board OR_ANUE,IR/7303 SECTION 8. Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. Notice of Hearing and 'Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation No. 9 or Zone 9 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 9 or Zone 9 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ORANGE/IR/7303 ADOPTED, APPROVED AND SIGNED this 20th day of November, 2003, by the following voter City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP CRANG&hW7393 CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20th day of November, 2003, by the following vote: Ayes: Nays: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2003 Dorothy L. Chouinard, City Clerk 04AVGE7µ/7403 STATEOF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 AND LEVYING ASSESSMENTS (ANNEXATION NO. 9) WHEREAS, on November 20, 2003, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 9" and "Zone 9," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the report of GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2003-04 upon assessable lots and parcels of land within the territory which comprises Annexation No. 9 to and Zone 9 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution No. , the City Council directed the City Clerk ("City Clerk") to cause notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon to be mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. , the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: ORANGE/ JR/7304 SECTION 1. Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 9 is described in the Report and includes all of the property which is within and subject to Tract No. 30664 and Tract No. 31035 in the County of Riverside and generally located south of the Ramona Expressway and west of San Jacinto Avenue in the City of San Jacinto, County of Riverside. SECTION 3. Improvements. The improvements within and for the Assessment District and which shall be provided for Zone 9 of the Assessment District through the assessments levied annually on property therein shall include the following: SECTION 4. (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 9, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 9 and as contained in the Report, is confirmed. Such annexed ORANG FJJRJ73 04 SECTION 5. SECTION 6. territory is designated as Zone 9 of the Assessment District. The territory comprising Annexation No. 9 and Zone 9 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No.1 of the City of San Jacinto. Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 9 of the Assessment District for fiscal year 2003- 04 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 9 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. , and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 9 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index -All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be leved on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 9 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 9. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. t', iO4 ADOPTED, SIGNED AND APPROVED this 20tn day of November, 2003. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANG El]R.,7304 I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20th day of November, 2003, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2003 Dorothy L. Chouinard, City Clerk ORANGE JR/7301 3 November 20, 2003 TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Annexation of Property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto — Annexation No. 10 (Tract Nos. 30658 and 30638) RECOMMENDATION: 1. Adopt the following resolutions: a. Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 10") b. Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 10"). c. Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 10"). 2. Conduct Public Hearing and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, adopt Resolution Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments. BACKGROUND: In connection with the development of Tract Nos. 30658 and 30638, which are generally located south of Commonwealth Avenue and west of Arroyo Viejo Drive and at the southeast corner of Esplanade Avenue and Meridian Street, the City has required that the property be annexed to Landscaping, Lighting and Park District No. 2 to finance the cost of maintaining and servicing various improvements that will benefit the property within that development, The property proposed to be annexed to the district will receive the special benefit of the improvements and will be assessed to pay the costs of maintenance of street lighting, parkway landscaping, parks, drainage facilities and incidental expenses of the assessment district. Page 1 of 2 Staff is recommending that the City Council take all action that is necessary to annex the property in Tract Nos. 30658 and 30638 during the City Council meeting on November 20, 2003. The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich& Associates, Inc., to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the property in Tract Nos. 30658 and 30638 to Landscape, Lighting and Park District No. 2. The resolution of intention also schedules the public hearing on the annexation and the levy of the assessments upon the property proposed to be annexed to the District for November 20, 2003. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the record owners of all property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on November 20, 2003. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments and many of the services and improvements that would have been financed by the District probably will not be provided in the area proposed to be annexed to the District. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If formed, the District would finance the cost of maintaining and servicing various improvements that will benefit the property located within the area proposed to be annexed to the District, including street lights, traffic signals, landscaping and drainage facilities. BUDGETARY IMPACT: No cost is attributed to this action. Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (ANNEXATION NO. 10) AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT WHEREAS, it has been determined by the City Council ("City Council") of the City of San Jacinto ("City") that the public interest, convenience and necessity require the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks, drainage facilities and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2003-04 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the California Streets and Highways Code. ORAN IFfl I7338 SECTION 2. The Improvements shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street fights and traffic signals; SECTION 3. the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; the installation or construction of park or recreational facilities; the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. The property to be specifically charged for the maintenance and servicing of such improvements shall include all of the land in Tract No. 30658 in the County of Riverside, which is generally located south of Commonwealth Avenue and west of Arroyo Viejo Drive in the City of San Jacinto, County of Riverside, and all of the land in Tract No. 30638 in the County of Riverside, which is generally located at the southeast corner of Esplanade Avenue and Meridian Street in the City of San Jacinto, County of Riverside and shall be designated "Annexation No. 10 to Landscaping, Lighting and Park District No. 2". SECTION 4. The property described in Exhibit "A" which is proposed to be included within the proposed boundaries of Annexation No. 10 to the District is presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. SECTION 5. GFB-Friedrich and Associates, Inc., the District's engineer ("Engineer"), is ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the annexation of the property ORAt<'GEJI2V7338 described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the maintenance and servicing of the improvements described in Section 2 hereof during fiscal year2003-04. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council. ADOPTED, SIGNED AND APPROVED this ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP 20th day of November, 2003. City of San Jacinto By Jim Ayres, Mayor ORnNGE'uR 73 I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20t day of November, 2003, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2003 Dorothy L. Chouinard, City Clerk ORANGE I1 7338 Annexation No. 10 to Landscaping, Lighting and Park District No. 2 Legal Description The land situated in the State of California. County of Riverside, City of San Jacinto described as follows: TRACT 30658 LOT 2 OF TRACT 23963, AS SHOWN BY MAP ON FILE IN BOOK 239 PAGES 10 THROUGH 22, OF MAPS, RECORDS OF RIVERSIDE COUNTY. CALIFORNIA Assessor's Parcel Numbers: 439-190-028 and 439-190-029 TRACT 30638 LOT 10 OF TRACT 23963, AS SHOWN BY MAP ON FILE IN BOOK 239 PAGES 10 THROUGH 22, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA Assessor's Parcel Numbers: 438-050-057 and 438-050-065 ORANGEURl7338 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO (ANNEXATION NO. 10) WHEREAS, on November 20, 2003, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1. SECTION 2. The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, drainage facilities, parks and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of passage of Resolution No. , are hereby preliminarily approved and confirmed. ORANGE JRI7339 SECTION 3. The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. SECTION 4. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 10 to the District. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 20th day of November, 2003. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGE/JR/7339 CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20th day of November, 2003, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2003 Dorothy L. Chouinard, City Clerk ORA NGFiJFZ i339 ENGINEER'S REPORT Annexation No. 10: CITY OF SAN JACINTO LANDSCAPING, ` LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: November20, 2003 Confirmed Date: November 20, 2003 INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No. 10 to the district known as LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 in the CITY OF SAN JACINTO (hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals; the installation, maintenance and servicing of landscaped areas (parkways, medians, open space, detention/retention basins, etc.); the installation, operation, maintenance and servicing of municipal parks; the installation, operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items; all of which are located in public rights -of -way or easements in the District. Reference is hereby made to the: ENGINEER'S REPORT Formation of CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Fiscal Year 2003-2004, that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer's Report," which is hereby incorporated herein as though set forth in full. BOUNDARIES OF DISTRICT The proposed boundary of Annexation No. 10 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A" and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto City Hall). Exhibit "A" serves as the Assessment Diagram for Zone 10 of the District and a copy of said Exhibit "A" may be found in the Appendix to this Report. The boundary includes the parcels of land that are located in the vicinity of street lighting, landscaping, drainage and/or park improvements that were, or soon will be, installed as a condition of approval of a land development project; the operation and maintenance of which will be funded by this assessment district. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor's office or by a tract and parcel number Iegal description. Zones The 1972 Act provides for areas within a district to be classified into different zones Annexation No. 10 to Landscaping, Lighting and Park District No. 2 is comprised of a single zone. The costs of the installation, operation, maintenance and servicing of the various improvements and facilities within this zone, will be separately determined, and incidental costs will be prorated and added to determine the total cost. This zone is comprised of Tract Nos. 30638 and 30658, including all phases, and is designated as Zone 10. Future annexations will be assigned Zone designations; e.g. Zone 12, Zone 13, Zone 13A, Zone 14, etc , as appropriate. IMPROVEMENTS The authorized facilities and items of servicing and maintenance are described in the "Master Engineer's Report" Said description is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Zone 10 Improvements The improvements included in Zone 10 to be installed, operated, serviced, and maintained are street lighting and traffic signals; parkway landscaping; parks; and drainage facilities (pipe, channels, detention basins, catch basins, junction structures, and connections to pipe and channels). Also included is graffiti removal. Plans and Specifications The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No, 10 are on file in the office of the City Clerk and are incorporated herein by reference. LLPD No 2 • Engineer's Report 2 Annexation No. 10 FINANCIAL ANALYSIS The estimated annual cost requirements for Zone 10, for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B" (two sheets), attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility, and for incidental costs to be funded by the District. Notes: 1. Incidental Costs are prorated in proportion to the respective' servicing and maintenance costs for each facility or improvement. Future annexations will be treated in a similar manner. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the total assessments among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements. Said method is described in the "Master Engineer's Report" and is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. ASSESSMENT FORMULA The basic formula used to calculate the amount allocated to each lot or parcel within the District for each type of improvement or facility is described in the "Master Engineer's Report." Said formula, including but not limited to, the table entitled "ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD," and subsections entitled Special Benefit Analysis, Street Classification and corresponding General Benefit (%), and Assessment of Public Property is included within this report by reference. Tracts within the Rancho San Jacinto Specific Plan area, which include Tract Nos. 30638 (92 lots) and 30658 (85 lots), have facilities which are common to all parcels within Rancho San Jacinto. Such facilities include traffic signals, parks, landscaping of large drainage facilities, and storm drain channels and detention basins. All of said facilities require maintenance which for Tracts 30638 and 30658 will be funded through Landscaping, Lighting and Park District No. 2, Annexation No. 10 (the subject of this Report). Because there are 2,073 total lots planned in Rancho San Jacinto, the assessments for the maintenance of the common facilities will be based on the ratio of the number of lots in each tract to the total number of lots in Rancho San Jacinto (e.g., for Tract 30638, the ratio is 92/2,073). In addition to the common facilities, certain other facilities are peculiar to the individual tract; such as street lights, in -tract landscaping, in -tract storm drain pipes and catch basins, and graffiti removal. The maintenance costs for these in -tract facilities are calculated separately for each tract included in Annexation No. 10. The total assessment for each lot is the sum of the common facilitiy assessment component, the in -tract facility assessment component, and the incidental costs allocated to each lot. LLPD No. 2 - Engineers Report 3 Annexation No. 10 LIMITATION ON INCREASE OF ANNUAL ASSESSMENT The City Council intends to increase assessments, on an annual basis when necessary, in accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles - Anaheim -Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics; provided however, that any such annual increase shall not exceed seven and one-half percent (7.5%). The current Southern California telephone number for the Consumer Price Index (CPI) Hotline is (310) 235-6884. ASSESSMENT SPREAD The individual Zone 10 assessments, tabulated by Assessor's Parcel Number or other form of identification, are shown on the Assessment Spread on file in the Office of the City Clerk of the City of San Jacinto and attached hereto as Exhibit "C." The total cost of the improvements described in the "Improvements" section of the report for Annexation No. 10 for fiscal year 2004-2005 is estimated to be $37,017.23 for Tract No. 30638 and $35,653.17 for Tract No. 30658. Contributions from outside sources will reduce the assessments per tract. The amount of the contributions are $11,708.84 for Tract No. 30638 and $12,270.35 for Tract No. 30658. The maximum annual assessment per Assessment Unit (AU — also equivalent to one single- family dwelling unit) for the 2004-2005 fiscal year is $275.09 per lot for both tracts. CH & ASSOC., INC. JOHN A. FRIEDRICH, P.E. ASSESSMENT ENGINEER Date: LLPD No 2 - Engineer's Report 4 Annexation No. 10 APPENDIX EXHIBITS Exhibit "A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit "C" - Assessment Spread NSC53'40 ar ar? t02.ee' /2-N, trrAv abea Zaa ea TRACT 30638-1 & 30838 2 48 ka NBO'44'4ew (LW EXHIBIT "A" BOUNDARY MAP ANDSCAPING, LIGHTING AND PARK DISTRICT NO. ANNEXATION D. 10 for Me CITY OF SAN JACINTO FISCAL YEAR 2004-2003 ZONE ' 10 FILED IN THE OFFICE OF THE CITY CLERK Of THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CAJJFORNN, THLR DAY OF 20_. crRY CLERK FILED IN THE OFFICE OF THE COUNTY AUDITOR, COUNTY RIVERSIDE, STATE OF CN.IFORNK THIS- DAY OF 20_. CRY CLEW THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED SY THE COUNTY OF RIVERSIDE ASSESSOR'S OFFICE THE LINES MO DIMENSIONS FDA EACH LOT OR PARCEL OP LAND WITHIN THE DISTRICT ME SHOWN ON THE ASSESSOR'S PARCEL MAPS ON FR.E IN THE OFFICE OF THE RIVERSIDE COUNTY ASSFzSCR. LEGEND .-+(J STREET LIGHT INDICATES LANDSCAPING ASSESSMENT DISTRICT BOUNDARY CATCH BASIN STORM DRAIN *Ye AN@%9O.W6c EWE WIV 09, IOU UK: 9OAF a 29 LS 2J LOT 13 I TRACT NO. 23963 30 M.B. 239/10-22 31 `\ MNvENT NAw \\\\ 32\ 46 \ \\\ Ml120't IS IS \ ` ; I' Sr. 33 NIGILDREACOAR 34 ISM =dada 35 NAPTISYS MEW 36 A'f6I7CE our 37 NrWin MS, 38 MrWbt IMO 39 19 MELVILLE ant na dart NNW= gnat ANA' carkir STREET M LOT 1 TRACT NO. 23963 M.B. 239/ 1 D-22 AVENUE TRACT 30658 & $0658--1 1 SHELLEY r>sr+n b AVENUE EXHIBIT "A OUNDARY MAP LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 ANNEXATION NO. 10 for fho CITY OF BAN JACINTO FISCAL YEAR`2®®4-2003 THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED BY THE COUNTY OF RIVERSIDE ASSESSOR'S OFFICE THE LINES AND DIMENSIONS FDR EACH LOT OR PARCEL OF RAND WITHIN THE DISTRICT ARE SHOWN ON THE ASSESSOR'S PARCEL MAPS ON FILE IN THE OFFICE OF THE RIVERSIDE COUNTY ASSESSOR. LEGEND --o STREET UGHT 999 INDICATES LANDSCAPING ASSESSMENT DISTRICT BOUNDARY CATCH BASIN STORM DRAIN IS 2 ANEX16.O510.0W0 ONTS, NIX 67, 511,119 gas: 100 AY (AY FEET) I inch n 30 2 CITY OF SAN JACINTO LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2 Annexation No. 10 (Zone 10) COST ESTIMATE Unit Cost .,veer C. ma. Traffics nala _ TOTALS Para Maintenance CostJMc. Costar. Land seape CesVMo. Maintenance Cc sVYr. Slope Or Cent/Moe la Ma et Cooh Yr. Item Quantity Unit Month ' Cost/Mo. Cost/Yr. Cnn/Mn. Co . Per Month Per Year Tract No. 30638 _ _ (92 Residential Lots) .S.hhat.L,rthiS TTlac"308361 22000 lumen Ls OSegelolSetes)l1),$1 x16i 9,500 lumen 'Laha.gati.arAtBacafiCAhktLhl The Following Items are Calculated as a Pro -rats Traffic Signals (Entire Rancho San Jacinto Area 0 u 20 t . Share of Ea '. Ea� , �.7.004.0 the Total S1408 59.02 Number of Parcels 5/040 1521 2} $192.40 in Rancho San $84480 "('�d3?S''ddi $2308.80 Jacinto 54,333.33 $12,500.W $1,250.00 $6,33333 $1,666.67 9500.00 $26583.33 51,268.53 $1,269.53 $126.fi5 $t,395.3R $0L59 36302 $69.05 $17t9fi 80,07 555.08 $117.41 $52,000.00 $150,000.00 $15,000.00 $10Q00000 $20,000.00 56,W0.09 $34300000 $15;222.38 ¢t5,222.3II $162224 $18 T44 fit' 31,05L09 5996.27 5828.62 $2,053.43. $116A7 5660.96 $1,408.52 �'.. $23 23 $35 A2 $59.05 $5.90 $64.95 $4.68 $35'6 $3.21 $0.00 $0,45 $2.Sfi 55.47 $278 75 $429.79 S70&.58 $7686 577943 $48.93 $46.37 $38.57 $96.05 $5.40 $3077 Sfi5.64 51,600.00 $L000.09 $2,59R9g $110.95 $200.00 $31095 $31.10 $342.09 $214i $20.35 $1693 $42,15 $2.37 $1350 $2fi.78 $18,000.00 $12,000.00 $30,000.0$ $1,331.40 $2,400.00 $3,731.40 $3"i 3.t4 $419454 $257.65 $24A.21 $203.12 $50&81 $28A5 5162.02 $345.36 $120.00 512000 '.. $12.00 $132.00 $829 $785 $6.53 $16.27 $0.92 _55.21 $till $1,44000 51,440D0 $144.08 $158490� $9943 $9A.25 $7839 $195.20 $10.50 - $8253 $133.32 $7040 $102 40 $200,00 $150.00 $132.50 $92.50 $4,333.33 $12,500.00 $i 250.i30 $0,33333 $i 6fi667 $503.00 5I 56000 $1,000.00 $37,370.R3 $1392.24 $844.80 - $2303 80 - 52,400.00 $1,60000 5I 590.00 51,110.90 $52,00090 $15Q000.00 $t 5,000.00 , -$ID6,000901 $20,(?+N7.00 56,000.00 $19,000.00 $12,00060 + $376,45000 $1G,706,99 Maintenance Cosh Esplanage & Hewitt (Riv_ Co.) Esplanade & Mountain (Riv. Co.) Energy Cast' Esplanade & Hewitt Esplanade & Mountain +; Eggs i�*eaaral 0I)lr (5/1%for Pa?.Thr0165(h Landscape and Park Maintenance= (Entire Rancho 1 I 1 1 San Jacinto LS./Moe 1 5./Moe L5./Mo. LS./Moe. Area) $200.00 $150.00 $132. 50 $92. 50 $200.00 $150.00 $132.54 $92.50 $2,400.00 $1,800.00 $1,590.00 51,110.00 Labor- lrngation and Facilities Repair gad Maintenance (i man) Contract Services - Landscape'. Maintenance Parts and Repairs (loin. & supplies) Wafer Usage TreeTrimming Lighting Energy - Parks (existing) Storm Drain Maintenance (Entire Rancho San Jacinto 1 1 1 1 1 1 Area) L5. L5. L.S. L.S. L.S. L.S. $52 000ryr j $150,000/yr $15,000 /yr 5100,000 Its $20,000 /yr $6000 /yr Channel & Catch Easels Detention Basins Subtotal Traffic Signals Landscaping and Pa 30 1 ks and Storm NH/ Mo. L.S. Drains $50 $i 000 $287.50 $3,450.60 Adjusted Subtotal, RSJ Maintenance and Landscape Maintenance tin -tract) Parkways: Tr. 30633 (Mountain Ave) To. 30538 (side yards) Storm Drain Maintenance Stew, Drain & Catch Basins (In-iracl) Graffiti Removal(In-Tract Subtotal, Maintenance and Servicing Contingency (10961 TOTAL, Maintenance and Servicing 'Incidental Costs'. Assessment Engineer Legal Counsel City Administration City Inspection Costs County Collection Fees Miscellaneous Reserve Fund Servicing: 2,640 4,070 4 1 Parcel Ratio S.F. S.F. Man-hr. CS. L.S. LS_ L.S. L.S. L.S. L0. L5. 9212,073 $0.0088 $0.0038 $50 $120 $1630 /yr $1545 lyr $1.235 lyr S3,200 /yr $180 /yr 51,025 /yr 52,185 I r $12.76 $208.68 $20.87 $229.55 $14.41 $13.66 $11.36 S2825 $1.59 59.66 519.32 5153.11 $2,504,15 525042 $2, 754. 57 $172. 91 $163. 89 $136.31 $335A5 $19.09 510873 S231.34 $23.23 $35.62 $200 00 $120.90 51,967.21 $186,72 $2.16393 Si35.83 512.R.75 - $107A3 5266.67 $15.00 i $85A2 -$182.08 $278.76 $420.79 52.400.00 $1,440.U0 $23605.51 32,360.65 $2596Ztfi $1,6"s090 $1545.60 51,285.00 3320050 %10000 $1,025.09 $2,185.00 TOTAL, Incidental Costs 511,050 /yr $9769 51,172.23 5593.78 $7,125.41 527,64 $33.73 S145.55 =CI $56,17 5674.09 $920.3 511,050,00 Contributions to the _District (per year) Developer City of San Jacinto ($31. 91) ($9536) per Lot per tel 92 Lots 92 Lots ($2,936) ($8,773) ($2595) ($77. 55) (S311.42) (393065( ($157.76) ($471.44) ($1,393.06} ($5,657.24} (S7.34) ($21.94) (558.12} ($263.34} ($38.67) ($115.56) ($464.94) ($1,386741' ($14.92) ($44.66) ($17908 } ($535.1 fi)' :($24464) (b731.09) M� (S2,93572) '.: (58,773a 2) TOTAL AMOUNT TO ASSESSMENT ® 52 684.73 51 359.98 516,319.72 $63 31 $759.71 $333 37 $4,000. 38 5128.65 $ 1. .8 2,109,0 $2 308.39 November 4, 2003 B-1 Assessment per Lot = $275 09 I Exhibit "0" CITY OF SAN JACINTO LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2 Annexation No. 10 (Zone 10) COST ESTIM Item Quantity Unit Unit Cosy Month Street Lights B Traffic grannie Park M intenance Canasta a Maintenance Storm D ain MainL Grated Renwval TOTALS Co Mc CosUYr. � Cost/Mo. Cost/Yr. Cost/Mo. Co$i/Yr. Cost/Mo. Co WY Per Month P Ye Tract No. 30658 (85 Residential Lots) Street I. fights (Tract 30638) 21 Share of 1 1 1 1 agnat6}.w:. San Jacin 1 1 1 1 1 1 Are0) 30 1 and Storm Ea. the Total L.S./Mo. L S./Mo. LSIMo, L.S./Mo. ,. , o Area) L.S. LS. L.S. L.S. L.S. L.S. MH/Mo. LS. Drains 89.62 Number $200.00 $15000 $132.50 222,50 t.• $52,000/yr $150,000/yr S15,000/yr $100000/yr 520,000/yr $6,000 050 $1,000 of Parcels , < „ /yr /yr /yr /yr /yr /yr /yr /yr $202.02 in Rancho San $20009 $150.09 $132.50 $9250 : (5 5tY} $23750 $11.79 $213. B1 $21.38 $235.19 $13.91 $13.22 $10.95 $27.32 $1.48 $8.93 $18,67 $2,42424 Jacinto $2,40000 $1,800.00 $1..590.00 51 110 00 v ,C$3`d C4bj $3,450.00 S141.46 S2,565.70 $256.57 $2,82227 $16604 $158.62 $131.45 $327.78 $17.75 $105.93 $224.04 ,"'.. „a .. $4,333.33 $12,500.00 $1,250.00 $8,333,33 $1,66667 $500,00 $23,583.33 $1,172,01 $1,172,01 $117.20 51,289,21 $76.26 $72.46 $60.04 $149,73 $8.11 $48.39 $102.3.5 i x, <.' 352,000.00 $150,000.00 $15,00000 5100,00000 $20,000.00 $6,000.00 3343,000,00 $14,064.16 $14,064.16 $1406,42 $15,470.56 $915.10 $869.50 $720.53 $1,796.76 $97.29 $550.63 $1,22820 . , .. 594.34 53495 ' $12918 $12.92 $142.10 $8.41 $7.99 $6.62 $16,50 $0.89 $5.33 $11,28 - . ,,. .v $1,132.03 $418.18 $1,550.21 $15502 $1.705.23 $100.87 $95.84 $79.42 $19805 $10.72 $64.01 $135 36 , .. � -.. �., $1,509.00 $1,000.00 $2,500.00 5102,51 $200,00 $302.51 $30.25 $332.76 $19.68 $18.70 $15.50 $38.65 $2,09 $12.49 $26.42 c „ 518000.00 512000.00 $30.000.00 $1,230.10 $2,400,00 $3,630.10 S363.01 33,093.11 $236.20 522443 $185.90 $48377 $25.11 $14988 $317.04 `,. :� $11000 $110. 00 51100 $121.00 $7.16 $6.80 $5.64 $14,05 $0.76 $4.54 $9,61 ....,.. x $1,320.00 $1,320.00 $132.00 $1,452.00 $85.89 S81.61 S67.63 $166.64 $9.13 S54.50 $11532 520232 $20r.00 $15. . $4,333 33 12,500,00$150,000,00 $1,250 00 $8,333.33$10030000 $1,866.67 2500.00 $1,500 $1,000 31,370.63 $2,424,24 $Z 400 CO $1.800,00 $159000 $1 110 00 ($3 b3G *4 $5200000 $15,000.00 $20,000.00 $6.000.00 18,000.00 $12,000.00 $376,450.00 $15435.72. 9,500 lumen The Following Items are Calculated as a Pro-rata Traffic Signals (Entire Rancho San Jacinto Area Maintenance Cost: Espionage & Hewitt (Ria. Co.) Esplanade & Mountain (Riv, Co.) Energy Cost: Esplanade & Hewitt Esplanade & Mountain 1953`Qa}j8ra( t 9(t&ft ., . `; T`T 9/t/) She. keSeget 6tthe,uti'861- Landscape and Park Maintenance (Entire Rancho Labor - Irrigation and Facilities Repair and Maintenance (l man) Contract Services - Landscape Maintenance Parts and Repairs (Iraq. & supplies) Water Usage Tree Trimming Lighting Energy - Parks (existing) Storm Drain Maintenance (Entire Rancho San Jacinto Channel &Catch Basins Detention Basins Subtotal. Traffic Signals. Landscaping and Parks Adjusted Subtotal, RSJ Maintenance and Landscape Maintenance (In -tract) Servicing: 10,720 3,960 4 1 1 1 1 1 1 1 1 Parcel Ration S.F. S.P. Man-hr. L.S. t-.S. L.S. LS L,S. L.S. L.S. L.S. 5512,073 S0,0088 SO.0088 $50 $110 $1,505 $1,430 $1,185 $2,955 $160 $955 $2,020 $34.85 $200.09 110.00 $1,927.51 $192.75 $2,120.27S26,443.18 $125.42 $119.17 168 33 $1,13203 418,13 $2,400.00 1,320.00 S23.130.17 $2,313.02 ,505.00 1,430.00 $1,165,00 $2,955.00 $160.00 - $955.00 $2,020.00 Parkways' Tr, 30658 (Commonwealth Ave Arroyo Viejo Dr) Tr, 30658 (side yards) Storm Drain Maintenance Storm Drain & Catch Basins (In -tract)) Graffiti Removal(In-trail) Subtotal. Maintenance and Servicing Contingency (1039) TOTAL. Maintenance and Servicing lncidenla) Costs Assessment Engineer Legal Counsel City Administration City Inspection Costs County Collection Fees Miscellaneous Reserve Fund TOTAL, Incidental Costs _pplributlons to the District $10210 /yr 19438 $1,13252 $517.34 96,208,07 $57.02 $684.26 913353 51,602.40 $48.56 $582.71 $850.83 $10,210,00 ($31,91) ($11245) per Lot per Lot 85 Lots 85 Lots ($2,712) ($9,558) ($25.07) ($88.35) ($300.87) ($1,06022) ($137.44) ($484,31) ($1,649,22) ($5,611.67) ($15,15) ($53.38) ($181,76) (S640.59) ($35.47) ($125,01) ($425.68) ($1,5000s) : ($12.90) ($45.45) ($154.79) (S545.46) ($226.03) ($798,50) ($2,71235) ($9,558.00) Developer City of San Jacinto TOTAL AMOUNT TO ASSESSMENT 5216.14 52,59370 $1,184.81 $14,217.75 5130.59 $1,567.12 $30582 $366977 $11121 51,33446 $1,94857 $23382.82 �. November 4, 2003 B-2 Assessment per Lots $275 0cx9 nron B CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 10 (Zone 10) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights and Traliic Signals Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($) Assessment per Parcel ($) TRACT No. 30638 Phase 1 (48 Lots) Lot 1 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 - $43.48 $16.78 $275.09 275.09 Lot 2 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 - $43.48 $16.78' $275.09 $275.09 Lot 3 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 " $43.48 $16.78 $275.09 $275.09 Lot 4 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78" $275.09 $275.09 Lot 5 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 6 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177 39 $8.26 $43.48 $16.78 - $275.09 $275.09 Lot 7 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48`, $16.78 -; '$275.09 $275.09 Lot S Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 9 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 " $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 10 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 11 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275,09 =$275.09 Lot 12 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 13 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 14 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 15 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 16 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78- $275.09 $275.09 Lot 17 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78> $275.09 $275.09 Lot 18 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 19 Western Pacific Housing, Inc. R1 n/a 1,00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 20 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 21 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 - $177.39 - $8.26 $43.48 $16.78 $275.09 $275.09 Lot 22 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 " $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 23 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 24 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 25 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 - $16.78 $275.09 $275.09 Lot 26 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78' $275.09 $275.09 Lot 27 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 28 Western Pacific Housing, Inc. R1 n/a 1,00 $29.18 $177.39 $8.26 $43.48 $16.78-` $275.09 275.09 Lot 29 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78'' ;$275.09 275.09 Lot 30 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 = $43,46 $16.78` $275.09 $275.09 Lot 31 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 ` $275.09 $275.09 Lot 32 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 ` $275.09 $275.09 Lot 33 Western Pacific Housing, Inc. R1 n/a 1.00 - $29.18 $177.39' $8.26 $43.48 $16,78' $275.09 $275.09 Cl CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 10 (Zone 10) ASSESSMENT SPREAD Parcel Identification (Lot Number) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights and Traffic Signals Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU -.. ($) Assessment per Parcel ($) Lot 34 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 35 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09'- Lot 36 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 37 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 38 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 - $275.09 $275.09 Lot 39 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 - $275.09 $275 09 Lot 40 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 - $43.48 $16.78 $275.09 $27509 Lot 41 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 42 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.20 $43.48 $16.78 - $275.09 $275.09 Lot 43 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 44 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 - $16.78 $275.09 $275.09 Lot 45 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8-26 $43.48 $16.78 "- $275.09 $275.09 Lot 46 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 47 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 48 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 - $275.09 $275.09 Phase 2 (44 Lots) Lot 1 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 2 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 3 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 - $16.78 $275.09 $275.09 Lot 4 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 5 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 275.09 Lot 6 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 7 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39' $8.26 $43.48 - $16.78 " $275.09 $275.09 Lot 8 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 ' $275.09 $275.09 Lot 9 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 10 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78> $275.09 $275.09 Lot 11 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 12 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 ' $275.09 $275.09 Lot 13 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 14 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 15 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 16 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78' $275.09 $275.09 Lot 17 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 18 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43,48 $16.78 s $275.09 $275.09 Lot 19 Western Pacific Housing, Inc. R1 n/a 1,00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 C-2 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 10 (Zone 10) ASSESSMENT SPREAD Parcel Identification Proposed Assessable Asmt. Street Lights Storm Dollars Assessment Property Owner Name Land Use Acreage Units and Park Landscape Drain Graffiti per AU per Parcel (Lot Number) Code (acres) (AU) Traffic Signals Maint. Maint. Maint. Removal ($) ($) Lot 20 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 21 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 22 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 23 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 24 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 25 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 26 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 27 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 28 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 29 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 30 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 - $16,78 $275.09 $275.09' Lot 31 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8 26 $43.48 $16.78 $275.09 $275.09 Lot 32 Western Pacific Housing, Inc. R1 n/a 1.00 $29 18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 33 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 34 Western Pacific Housing, Inc R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 -. Lot 35 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 36 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 37 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 -' Lot 38 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 39 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 40 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 ' $16.78 $275.09 $275.09 Lot 41 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 Lot 42 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43,48 $16.78 $275.09 $275.09 Lot 43 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43,48 $16.78 $275.09 $275.09 Lot 44 Western Pacific Housing, Inc. R1 n/a 1.00 $29.18 $177.39 $8.26 $43.48 $16.78 $275.09 $275.09 TOTALS, TRACT No. 30638, including all phases 92.00 $2,684.73 $16,319.72 $759.71 $4,000.38 $1,543.85 $25,308 39I TRACT No. 30658 Phase 1 (63 Lots) Lot 1 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167,27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 2 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70' $275!09 $275.09 Lot 3 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 ` $275.09 $275.09 Lot 4 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 , $167.27 $18.44 $43.17 $15.70'% $275.09 $275.09 C3 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 10 (Zone 10) ASSESSMENT SPREAD Parcel Identification Proposed Assessable Asmt. Street Lights Storm Dollars Assessment Number) Property Owner Name Land Use Acreage Units and Park Landscape Drain Graffiti per AU per Parcel (Lot Code (acres) (AU) Traffic Signals Maint. Maint. Maint. Removal ($) ($) Lot 5 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 6 Lot 7 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 8 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 9 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 10 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 11 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 - $275.09 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 12 Lot 13 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.00 $275.09 14 Lot 15 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 16 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 - $15.70 $275.09 $275.09 17 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 - $15.70 $275.09 $275.09 18 Lot 19 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 20 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 21 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 22 Lot 23 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 24 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 25 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 ' $43.17 $15.70 $275.09 $275.09 26 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 - $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 27 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15,70 $275.09 $275.09 Lot 28 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot29 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 30 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167,27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 31 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 32 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 33 Lot 34 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 - $275.09 $275.09 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 35 Lot Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 36 Western Pacific Housing, Inc R1 n/a 1.00 $30.51 $167.27 $18.44 - $43.17 $15.70 - $275.09 $275.09 Lot 37 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 38 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70- $275.09 $275.09 Lot 39 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27- $18.44 $43.17 - $15.70 $275.09 $275.09 Lot 40 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51" $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 C4 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 10 (Zone 10) ASSESSMENT SPREAD Parcel Identification Property Proposed Assessable Asmt. Street Lights Storm Dollars Assessment (Lot Number) Owner Name Land Use Acreage Units and Park Landscape Drain Graffiti per AU per Parcel Code (acres) (AU) Traffic Signals Maint. Maint. Maint.:: Removal : ($) ($) Lot 41 Lot 42 Western Pacific Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 -` Lot 43 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot44 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 45 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 46 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 - $15.70 $275.09 $275.09 Lot 47 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 48 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 49 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 -' $15.70 $275.09 $275.09 Lot 50 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43,17 ' $15.70 $275.09 $275.09 Lot 51 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 52 Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 53 Pacific Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $27509 Lot 54 Housing, Inc. Western R1 n/a 1.00 $30.51 ' $167.27 $18.44 $43.17 $15.70' $275.09 $275.09 Lot 55 Pacific Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18.44 - $43.17 $15.70 $275.09 $275.09 Lot 56 Pacific Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 57 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 58 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 59 Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15,70 $275.09 $275.09 Lot 60 Pacific Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18,44 $43.17 $15.70 $275.09 $275.09 Lot 61 Pacific Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18.44 - $43.17 $15.70 $275.09 $275.09 Lot 62 Pacific Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43 17 $15.70 $275.09 $275.09 Lot 63 Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Phase 2 (22 Lots) Lot 1 Lot 2 Western Pacific Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18:44 $43.17 $1570 $275.09 $275.09 Lot 3 Pacific Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18:44 $43.17 $15.70, $275.09 $275.09 Lot 4 Pacific Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot 5 Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15,70 $275.09 $275.09 Lot 6 Pacific Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167,27 $18.44 $43.17 $15.70' $275.09 $275.09 Lot 7 Housing, Inc. Western Pacific R1 n/a 1 00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Lot d Housing, Inc. Western Pacific R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 - $15.70 $275.09 $275.09 Lot 9 Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 ` ;$275.09 $275.09 Lot 10 Pacific Housing, Inc. Western R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15.70 $275.09 $275.09 C5 Date November 20, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Planning Director-0'A' SUBJECT: Community Development Block Grant Supplemental Agreement with the County of Riverside. RECOMMENDATION: Approve the Community Development Block Grant Supplemental Agreement with the County of Riverside for the 2003-2004 Fiscal Year, and authorize the Mayor to execute the agreement. BACKGROUND: Earlier this year, the City Council approved allocations for the Fiscal Year 2003- 2004 Community Development Block Grant program. The next step in the program is the approval and execution of the supplemental agreement with the County of Riverside. The supplemental agreement (attached) establishes the conditions under which the City and public services agencies that receive CDBG grants will implement the program. The agreement when executed will be sent to the County Board of Supervisors for consideration and approval. The amount of CDBG funding allocated to the City for Fiscal Year 2003-2004 is $222,394, of which 15 percent is set aside for public agencies. The organizations that were awarded grants by the City Council and their allocations are: • Operation School Bell $ 4,394.00 • Community Pantry $ 2,050.00 a Senior Home Repair $ 2,445.00 a Neighborhood Clean Up $ 6,840.00 • San Jacinto Code Enforcement $ 74,000.00 • Infill Sidewalk Program $113,235.00 a Mom & Baby Program $ 1,975.00 al San Jacinto PAL $ 9,770.00 • Senior Day Care $ 3,910.00 a Valley Wide Park District $ 1,975.00 • Ramona Pageant Museum $ 1,800.00 City Manager: Finance Director. Page 1 of 2 Since the City Council approved the allocations and the Supplemental Agreement was developed, $40,000 of the Infill Sidewalk Program was reprogrammed. In addition, the $1,975 of the Mom & Baby Program will need to be reprogrammed due to the program being discontinued and the Ramona Pageant's $1,800 will need to be reprogrammed since its intended use was determined ineligible. BUDGETARY IMPACT: The CDBG program is a federally funded program through the County of Riverside. Approval of the agreement will not have a significant budgetary impact. JUSTIFICATION: Public service agencies, capital improvement projects, and code enforcement programs that benefit the City will receive valuable funding by execution of the Community Development Block Grant Supplemental Agreement with the County of Riverside. ATTACHMENTS: Exhibit A Community Development Block Grant Supplemental Agreement Page 2 of 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GQM[v'$s. File: 0.608, 0.609, 0.610, 3.SJ096, 3.SJ097, 3.SJ098 3.SJ099, 3.SJ100, 3.SJ104, 3,SJ105, 3.SJ106 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 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 2, 2002, 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 2, 2002, 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 i is j urisdiction, b y utilizing the sum o f $ 222,394 CDBG Entitlement Funds, as specifically identified in Exhibits "A, B, C, D, E, F, G, H, I, J, and K" are attached hereto and consist of 3 pages (each), and by this reference are incorporated herein, for the projects: 0.608 Operation School Bell, $4,394. 0.609 Community Pantry, $2,050. 0.610 Senior Home Repair Program. S2,445. 3.SJ096 Neighborhood Clean -Up Program, $6,840. 3.SJ097 Code Enforcement, $74.000. 3.S.1098 Infill Sidewalk Program, $113,235. 3.SJ099 Mom & Baby Program, $1.975. 3.SJ100 San Jacinto Police Activities League, $9,770. 3.SJ104 Senior Day Care Center, Alzheimer Resource & Support Groun Center, $3.910. 3.SJ105 Valley -Wide Recreation and Park District Scholarship Program, $1.975. 3.SJ106 Handicapped Accessibility Museum Building Complex. $1.800. Page 1 of 8 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY shall obtain COUNTY's approval, through its Economic Development Agency, of the project plans and specifications prior to CITY's construction of same when a project consists of a construction activity.' 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period of one (1) year from July 1, 2003 to June 30, 2004, and proceed consistent with the completion schedule set forth in Exhibits `A, B, C, D, E, F, G, H, 1, J, and K." 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 schedule for the completion of the project may be extended by the period of the enforced delay. Times of performance may also be extended in writing by the mutual agreement of CITY and COUNTY. If substantial progress toward completion in confoi,uance with the completion schedule, as determined by COUNTY of the projects are not made during the term 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, E, F, G, H, I, J, and K"; (2) It is the CITY's responsibility to monitor the projects activity of Exhibits "A, B, C, D, E, F, G, H, I, J, and K" 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 muse be reported by June 4, 2004 for projects eligible under 570.201(e), Public Services; 3) The COUNTY will directly manage and monitor projects identified in Exhibits "A, B, C, D, E, F, G, H, 1, J, and K". These projects have been deteiiuined to be Countywide, receiving grant funding from multiple sources; therefore, these projects will be managed and monitored by the Page 2of8 4 5 7 8 9 10 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 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 (CEOA). 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 attorney'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 CFR Part 570 and Part 85 and OMB Circular A-87 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, E, F, G, H, I, J, and K". c. CITY shall, during the normal business hours, make available to COUNTY and to the Department of Housing and Urban Development for examination and copying all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. Page 3 of 8 4 7 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. The CITY shall ensure projects that are serving limited clientele (570.208(a)(2)(i), that at least fifty-one percent (51%) of the persons benefiting from the CDBG funded activities are of low and moderate income and meet the program income guidelines attached as Exhibits "A, B C, D, E, F, G, H, I, J, and K". The CITY must provide the direct benefit documentation required. 9. FEDERAL REQUIREMENTS. CITY shall comply with the provisions of the Act and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. 11. TERMINATION. a. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph lla, COUNTY may suspend or terniinate 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 return 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. Page 4of8 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 d. Upon suspension of this Agreement, CITY agrees not to incur any additional cos 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 and appointed officials shall become familiar with and shall comply with Section A-1 I 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 determine whether such request is appropriate for submission to HUD. In dote,mining 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. Page 5 of 8 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 funds. 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 for a period of five (5) years from the date that the City is no longer a part of the urban COUNTY program. The CITY shall maintain an inventory for COUNTY review. 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require any lessee or assignee to notify Riverside County Workforce Development Center/JTPA and GAIN - Department of Public Social Services of any and all 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 teen of this Agreement, will make reference to the Contribution of the County of Riverside Community Development Block Grant Program in making the project possible. 18. PROGRAM MONITORING AND EVALUATION. CITY shall be monitored and evaluated in 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; additionally, identify any problems encountered in meeting goals. c. If CDBG funded Activity meets National Objective under 24 CFR 570.208 (a)(2)(i), SPONSOR shall report the following: 1) Total number of direct beneficiaries (clientele served) who are: Page 6 of 8 Moderate income • Very -low income 4 2) Percent of the Low/Moderate income beneficiaries 5 3) Racial ethnicity of clientele 4) Number of Female Headed Households 7 SPONSOR shall report beneficiary statistics monthly to EDA on the pre -approved Direct 8 Benefit Form, and Self -Certification Form (certifying income, family size, and racial ethnicity) as 9 required by HUD. Updated faints are to be provided to said SPONSOR by EDA should HUD 10 implement changes during the tell t of this agreement. 11 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the 12 cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to 13 the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative 14 to this subject matter, exists between the parties at the time of execution. 15 20. MINISTERIAL ACTS. The Executive Director of the COUNTY's Economic 16 Development Agency or his or her designee(s) are authorized to take such ministerial actions as may 17 be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it 18 may be amended from time to time by COUNTY. 19 // 20 /1 21 // 22 // 23 // 24 1/ 25 // 26 /- 27 // 28 // Page 7 of 8 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 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. DATED: ATTEST: Nancy Romero Clerk of the Board By: Deputy (Seal) DATED: COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors ATTEST: CITY OF SAN JACINTO SH:BB:aj 5'`.CDIIG\3RD''03_ AereemenrsandUr SASuppAgr 0;_51.D9ti-.10 doc By: Mayor Page 8 of 8 SUPPLEMENTAL AGREEMENT Sponsor: Assistance League of Hemacinto Address: 180 N Girard Street, Hemet, CA 92544 Project Title: Operation School Bell Location: 180 N Girard St., Hemet, CA 92544 Description: The Assistance League of Hemacinto is requesting CDBG funds for the Operation School Bell program, which provides clothes and school supplies to children of low /moderate income families in the Hemet and San Jacinto school districts. CDBG funds will expand services to two newly built elementary schools in Hemet. Funds will be used to purchase clothing, back packs, and school supplies. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $4,394.00 Total Funding $4,394.00 $4,394.00 Total CDBG Funding $4,394.00 EXHIBIT A Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 FROM year) July 1, 2003 EXHIBIT A Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TO June 30, 2004 FILE: 0.608 NAME OF APPLICANT County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 PERIOD OF APPLICABILITY 4. X Original (each Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Operation School Bell 0.608 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Assistance League of Hemacinto (909)652-8307 10. DESCRIPTION OF PROJECT: The Assistance League of Hemacinto is requesting CDBG funds for the Operation School Bell program, which provides clothes and school supplies to children of low /moderate income families in the Hemet and San Jacinto school districts. CDBG funds will expand services to two newly built elementary schools in Hemet. Funds will be used to purchase clothing, back packs, and school supplies. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: To provide low/moderate children with the necessary school supplies including backpacks and clothes in the cities of Hemet and San Jacinto. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $4,394.00 14. Totals $4,394.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $4,394.00 EXHIBIT B Page 1 SUPPLEMENTAL AGREEMENT Sponsor: Community Pantry Address: 137 N. San Jacinto Avenue, Hemet, CA 92543 Project Title: Community Pantry Location: 137 N. San Jacinto Ave., Hemet, CA 92543 Description: The Community Pantry provides assistance to individuals and families in need of emergency food and housing by providing motel vouchers, rental/mortgage assistance, food, assistance to prevent utility shut-off and also referral services. CDBG funds will be used for food products, rental/mortgage assistance, emergency housing assistance, and utility assistance. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs B) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto Total Funding $2,050.00 $2,050.00 Cost CDBG Approved $2,050.00 Total CDBG Funding $2,050.00 EXHIBIT B 0.609 Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 FROM year) EXHIBIT B Page 3 FILE: 0.609 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 PERIOD OF APPLICABILITY TO 4 X Original (each July 1, 2003 PROJECT SUMMARY Revision, Date June 30, 2004 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Community Pantry 0.609 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Community Pantry (909)929-1101 10. DESCRIPTION OF PROJECT: The Community Pantry provides assistance to individuals and families in need of emergency food and housing by providing motel vouchers, rental/mortgage assistance, food, assistance to prevent utility shut-off and also referral services. CDBG funds will be used for food products, rental/mortgage assistance, emergency housing assistance, and utility assistance. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TFACT(S)/ENUMERATION DISTRICTS) 12. ANTICIPATED ACCOMPLISHMENTS: Program funds will be used for food products, mortgage assistance, emergency housing relief, and utility aid to individuals and families with such needs. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $2,050.00 14. Totals $2,050.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $2,050.00 EXHIBIT C Page 1 Sponsor: Address: FILE: 0.610 SUPPLEMENTAL AGREEMENT Central County United Way 2587 S. San Jacinto Ave., San Jacinto, CA 92583 Project Title: Senior Home Repair P ogram Location: 2587 S. San Jacinto Ave., San Jacinto, CA 92583 Description: The Senior Home Repair Program assists seniors over the age of 62 by providing them with minor home repairs such as handicap railings, faucets, swamp coolers, and roof leaks. The program provides repairs that could pose a serious threat to a client's well being and at the same time allows the senior to remain independent and still reside in their own homes. CDBG funds will be used to pay for supplies, equipment, phone and travel. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit the form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $2,445.00 Total Funding $2,445.00 $2,445.00 Total CDBG Funding $2,445.00 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report Start Date Completion Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside . APPLICATION/GRANT NUMBER B-02-UC-06-0506 PERIOD OF APPLICABILITY 4. X Original (each FROM year) July 1, 2003 PROJECT SUMMARY TO Revision, Date June 30, 2004 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Senior Home Repair Program 0.610 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Central County United Way (909)929-7173 10. DESCRIPTION OF PROJECT: The Senior Home Repair Program assists seniors over the age of 62 by providing them with minor home repairs such as handicap railings, faucets, swamp coolers, and roof leaks. The program provides repairs that could pose a serious threat to a client's well being and at the same time allows the senior to remain independent and still reside in their own homes. CDBG funds will be used to pay for supplies, equipment, phone and travel. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(A) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: To provide seniors over the age of 62 with minor home repairs that could pose a serious threat to their well- being and at the same time allows them to remain independent in their own homes. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $2,445.00 14. Totals $2,445.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $2,445.00 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Neighborhood Clean -Up Program Location: City of San Jacinto Description: The City of San Jacinto Neighborhood Clean -Up Program provides services to low and moderate income areas to help eliminate blighting conditions. CDBG funds will be used for staff salaries, equipment, and supplies. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $6,840.00 Total Funding $6,840.00 Cost CDBG Approved $6,840.00 Total CDBG Funding $6,840 EXHIBIT D Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete FILE: 3.SJ096 Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 EXHIBIT D Page 3 FROM year) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TO July 1, 2003 June 30, 2004 E OF APPLICANT County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 PERIOD OF APPLICABILITY 4. X Original (each Revision, Date Amendment, Date . NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Neighborhood Clean -Up Program 3.SJ096 Categorical Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)487-7330 10. DESCRIPTION OF PROJECT: The City of San Jacinto Neighborhood Clean -Up Program provides services to low and moderate income areas to help eliminate blighting conditions. CDBG funds will be used for staff salaries, equipment, and supplies. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(1)(i) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 435.01: BG 3,4; 435.02: BG 2; 436: BG 1,2,3,4 12. ANTICIPATED ACCOMPLISHMENTS: Due to blight and physical decay the program will provide the necessary services to area residence to improve living and health conditions. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $6,840.00 14. Totals $6,840.00 $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $6,840.00 EXHIBIT E Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto - Community Development Department Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Code Enforcement FILE: 3.SJ097 Location: City of San Jacinto Description: The City of San Jacinto operates the Code Enforcement Program to improve property and building maintenance from tenants and landlords. Within qualifying areas, there are substandard housing and public nuisance conditions which need to be addressed. These areas will receive an enhanced level of service beyond that which is provided citywide. The program will also facilitate enforcement of housing, building, and health and safety codes with priority attention given to conditions creating a threat to public health and safety and the elimination of blight. CDBG funds will be used for staff salaries, benefits, equipment, utilities, and contract services. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $74,000.00 Total Funding $74,000.00 Cost CDBG Approved $74,000.00 Total CDBG Funding $74,000.00 EXHIBIT E Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 housing, building, and health given to conditions creating a elimination of blight. CDBG benefits, equipment, utilities, ELIGIBILITY: 570.202 (c) FROM year) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TQ July 1, 2003 5. NAME OF PROJECT Code Enforcement June 30, 2004 E OF APPLICANT County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 . PERIOD OF APPLICABILITY 4. X Original (each Revision, Date Amendment, Date 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 3.SJ097 Categorical Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto - Community Development Department (909)487-7330 10. DESCRIPTION OF PROJECT: The City of San Jacinto operates the Code Enforcement Program to improve property and building maintenance from tenants and landlords. Within qualifying areas, there are substandard housing and public nuisance conditions which need to be addressed. These areas will receive an enhanced level of service beyond that which is provided citywide. The program will also facilitate enforcement of and safety codes with priority attention threat to public health and safety and the funds will be used for staff salaries, and contract services. BENEFIT: 570.208 (a) (1) (1) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 435.01: BG 3, 4; 435.02: BG 2; 436.00 BG 1-4 12. ANTICIPATED ACCOMPLISHMENTS: Provide a healthier and safer environment to residence beyond what the city provides and enforces. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Code Enforcement $74,000.00 14. Totals $74,000.00 $ $ of $ ) 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $74,000.00 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto - Community Development Department Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Infill Sidewalk Program Location: City of San Jacinto Description: The City of San Jacinto Infill Sidewalk Program will provide for the construction of sidewalks in CDBG qualifying low-income neighborhoods. CDBG funds will be used for the construction of sidewalks. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $113,235.00 Total Funding $113,235.00 $113,235.00 Total CDBG Funding $113,235.00 EXHIBIT F Page 2 Timetable Implementation Schedule Milestone Prepare Plans & Specifications Bid Documents & Review Bid Advertisement, Bid Review & Award Construction Notice of Completion Start Date July 1, 2003 December 2003 March 2004 Completion Date November 1, 2003 February 2004 May 2004 June 2004 FROM year) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT` ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside APPLICATION/GRANT NUMBER B-02 UC-06-0506 PERIOD OF APPLICABILITY TO 4. X Original (each July 1, 2003 PROJECT SUMMARY Revision, Date June 30, 2004 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Infill Sidewalk Program 3.SJ098 Categorical Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto - Community Development Department (909)487-7330 10. DESCRIPTION OF PROJECT: The City of San Jacinto Infill Sidewalk Program will provide for the construction of sidewalks in CDBG qualifying low-income neighborhoods. CDBG funds will be used for the construction of sidewalks. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (a)(1)(i) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 435.01: BG 3, 4; 435.02: BG 2; 436: BG 1,2,3,4 12. ANTICIPATED ACCOMPLISHMENTS: Provide safer walking areas by constructing sidewalks to benefit low-income neighborhoods. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Facilities $113,235.00 14. Totals $113,235.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $113,235.00 EXHIBIT G Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Mom & Baby Program Location: Homes of Clients in San Jacinto FILE: 3.SJ099 Description: The Mom & Baby Program will perform comprehensive postpartum assessment of mother and child to review three categories: 1) physical health, 2) emotional well being, and 3) environmental safety. CDBG funds will be used for staff salaries and benefits. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by the Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $1,975.00 Total Funding $1,975.00 Cost CDBG Approved $1,975.00 Total CDBG Funding $1,975.00 EXHIBIT G Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM year) July 1, 2003 PROJECT SUMMARY TO June 30, 2004 FILE: 3.SJ099 NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-02-UC-06-0506 3 PERIOD OF, APPLICABILITY 4. X Original (each Revision, Date Amendment, Date . NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Mom & Baby Program 3.SJ099 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)658-9288 10. DESCRIPTION OF PROJECT: The Mom & Baby Program will perform comprehensive postpartum assessment of mother and child to review three categories: 1) physical health, 2) emotional well being, and 3) environmental safety. CDBG funds will be used for staff salaries and benefits. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACTS)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: To promote healthier life style for mother and child by performing comprehensive postpartum assessment. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $1,975.00 14. Totals $1,975.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $1,975.00 EXHIBIT H Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: San Jacinto Police Activities League Location: Monte Vista School, 181 N. Ramona Blvd., San Jacinto, CA 92583 Description: The San Jacinto Police Activities League provides services (sports, recreational activities, tutoring) directed to at -risk youth to prevent crime. CDBG funds will be used for staff salaries and benefits. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $9,770.00 Total Funding $9,770.00 Cost CDBG Approved $9,770.00 Total CDBG Funding $9,770.00 EXHIBIT H Page 2 Timetable Implementation Schedule lestone Program Services Submit Quarterly Report Start Date Completion Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complet® October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 EXHIBIT H Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY FROM TO year) July 1, 2003 NAME OF PROJECT San Jacinto Police Activities League June 30, 2004 FILE: 3.SJ100 OF APPLICANT County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 PERIOD OF APPLICABILITY 4. X Original (each Revision, Date Amendment, Date 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 3.SJ100 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)487-6777 10. DESCRIPTION OF PROJECT: The San Jacinto Police Activities League provides services (sports, recreational activities, tutoring) directed to at -risk youth to prevent crime. CDBG funds will be used for staff salaries and benefits. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: To provide at -risk youth with positive activities to promote sportsmanship, citizenship and good character. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $9,770.00 14. Totals $9,770.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $9,770.00 EXHIBIT I Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto FILE: 3.SJ104 Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Senior Day Care Center, Alzheimer Resource & Support Group Center Location: 925 So. Pico St., San Jacinto, CA 92583 Description: Senior Day Care Center of Hemet -San Jacinto provides services to elderly persons with Alzheimer's and dementia. CDBG funds will be used for staff salaries and benefits. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs 2) Administration Costs $3,910.00 3) Planning Costs 4) Accfuisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $3,910.00 Total Funding $3,910.00 Total CDBG Funding $3,910.00 EXHIBIT I Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 FROM year) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TO July 1, 2003 1. NAME OF APPLICANT County of Riverside 2 APPLICATION/GRANTNUMBER B-02-UC-06-0506 3 PERIOD OF APPLICABILITY 4. X Original (each Revision, Date June 30, 2004 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Senior Day Care Center, 3.SJ104 Exempt Alzheimer Resource & Support Group Center 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)654-1477 10. DESCRIPTION OF PROJECT: Senior Day Care Center of Hemet -San Jacinto provides services to elderly persons with Alzheimer's and dementia. CDBG funds will be used for staff salaries and benefits. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(1)(A) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provide day care center to elderly persons with Alzheimer's and dementia. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (a) $ $ $ Public Services $3,910.00 14. Totals $3,910.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $3,910.00 EXHIBIT J FILE: 3.SJ105 Page l SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Valley -Wide Recreation and Park District Scholarship Program Location: Regional Facility, 901 W. Esplanade, San Jacinto, CA 92582 Description: Valley -Wide Recreation and Park District provides scholarships to help individuals and families defray the cost of participating in organized sports and recreational activities. CDBG funds will be used to supplement the current operating budget for these programs. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $1,975.00 Total Funding $1,975.00 Cost CDBG Approved $1,975.00 Total CDBG Funding $1,975.00 EXHIBIT J Page 2 Timetable Milestone Implementation Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 EXHIBIT J Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TO FROM year) July 1, 2003 June 30, 2004 E OF APPLICANT County of Riverside . APPLICATION/GRANT NUMBER B-02-UC-06-0506 PERIOD OF APPLICABILITY 4. X Original (each Revision, Date Amendment, Date . NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Valley -Wide Recreation and 3.SJ105 Park District Scholarship Program Exempt . ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)654-1505 10. DESCRIPTION OF PROJECT: Valley -Wide Recreation and Park District provides scholarships to help individuals and families defray the cost of participating in organized sports and recreational activities. CDBG funds will be used to supplement the current operating budget for these programs. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACTS)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provide scholarship to individuals and families pay for organized sports and recreational activities to promote leadership and citizenship. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $1,975.00 14. Totals $1,975.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $1,975.00 EXHIBIT K Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto Address: 248 E. Main Street, San Jacinto, CA 92583 FILE: 3.SJ106 Project Title: Handicapped accessibility Museum Building Complex Location: 27400 Ramona Bowl Road, Hemet, CA 92544 Description: The Ramona Pageant Association operates the Ramona Bowl in the Hemet area which is now celebrating its 80th year of continuous operation. CDBG funds will be used to upgrade the facilities to meet all ADA requirements for handicap access. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $1,800.00 Total Funding $1,800.00 Cost CDBG Approved $1,800.00 Total CDBG Funding $1,800.00 EXH3BIT K Page 2 Timetable Implementation Schedule Milestone Start Date Prepare Plans & Specifications July 1, 2003 Bid Documents & Review Bid Advertisement, Bid Review December 2003 & Award Construction March 2004 Notice of Completion Completion Date November 1, 2003 February 2004 May 2004 June 2004 EXHIBIT K Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM year) July 1, 2003 PROJECT SUMMARY NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-02-UC-05-0506 3. PERIOD OF APPLICABILITY TO 4. X Original (each Revision, Date June 30, 2004 Amendment, Date NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Handicapped accessibility 3.SJ106 Categorical Exempt Museum Building Complex 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)658-3111 10. DESCRIPTION OF PROJECT: The Ramona Pageant Association operates the Ramona Bowl in the Hemet area which is now celebrating its 80th year of continuous operation. CDBG funds will be used to upgrade the facilities to meet all ADA requirements for handicap access. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (a) (2) (ii) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Program funds will be used to upgrade the facility with ADA compatible equipments to ensure access for persons with disabilities. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) $ $ $ (e) Public Facilities $1,800.00 14. Totals $1,800.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $1,800.00 bition Against Conflicts of § 570-511 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 or 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 for which Prohibition Against Conflicts of Interest EXHIBIT CI, page 2 of 4 (2) An opinion of the recipient's attorney that the interest he exception is sought would not Violate State or local law. (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 cr 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 1969 Community Dvlpmt. Block Grant Policy Manual S.D. # A-11 (pg. 1 of 2) 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; iv) 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: 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 ommunity Dvlpmt. Block Grant Policy Manual I.D.#'A-11 (P9- 2 of 2) TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 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. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the 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. Date November 20, 2003 TO: The Honorable Mayor and Members of the City Council ovvt.k FROM: Tim Hults, Planning DirectoKV SUBJECT: Community Development Block Grant Subrecipient Agreements RECOMMENDATION: Authorize the City Manager to execute the Community Development Block Grant Subrecipient Agreements for the 2003-2004 Fiscal Year. BACKGROUND: Earlier this year, the City Council approved allocations for the Fiscal Year 2003- 2004 Community Development Block Grant (CDBG) program. The final step is execution of the subrecipient agreements with public service organizations that were funded. The subrecipient agreements establish the conditions under which the public services agencies will receive CDBG funding and their obligations for administering those funds. The amount of CDBG funding allocated to the City for Fiscal Year 2003-2004 is $222,394, of which 15 percent is set aside for public agencies. The public service agencies which were awarded grants by the City Council and their allocations are: a Operation School Bell $ 4,394.00 a Community Pantry $ 2,050.00 a Senior Home Repair $ 2,445.00 a Mom & Baby Program $ 1,975.00 a San Jacinto PAL $ 9,770.00 a Senior Day Care $ 3,910.00 a Valley Wide Park District $ 1,975.00 a Ramona Pageant Museum $ 1,800.00 Page 1 of 2 San Jainto Police Activities League (PAL), Senior Day Care, and Valley Wide Park District are the only organizations that require a subrecipient agreement. Operation School Bell, Community Pantry, and Senior Home Repair are programs that are managed by the County and therefore do not require subrecipient agreements. The $1,975 of the Mom & Baby Program will need to be reprogrammed due to the program being discontinued and the Ramona Pageant's $1,800 will need to be reprogrammed since its intended use was determined ineligible. BUDGETARY IMPACT: The CDBG program is a federally funded program through the County of Riverside. Approval of the agreement will not have a significant budgetary impact. JUSTIFICATION: Public service agencies that serve the City of San Jacinto will receive valuable funding by execution of the Community Development Block Grant Subrecipient Agreements. ATTACHMENTS: Exhibit A San Jacinto PAL Subrecipient Agreement Exhibit B Senior Day Care Subrecipient Agreement Exhibit C Valley Wide Subrecipient Agreement Page 2 of 2 2003/2004 CDBG SUBRECIPIENT AGREEMENT This Agreement is made this day of November 20, 2003 by and between the City of San Jacinto, a municipal corporation (hereinafter referred to as "City"), and the Senior Day Care Center, Alzheimer Group (hereinafter referred to as "Subrecipient"). WHEREAS, the City has elected to participate with the County of Riverside, which County has qualified as an urban county for purposes of receiving Community Development Block Grant (CDBG) funds, to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974; and WHEREAS, with the approval of the County's Economic Development Agency, the City has delegated a portion of its CDBG allocation in the delegated amount of $3,910 to be used by the Subrecipient for the purposes as stated in the attached Exhibit "A"; and WHEREAS, residents of the City directly benefit from the services provided by Subrecipient, and at least 51 percent of those benefiting from Subrecipient's services qualify as low and moderate income persons; NOW, THEREFORE, IT IS AGREED: TERM --The term of this agreement for the project shall be for a period of one year retroactive to July 1, 2003. If completion of the project services by the Subrecipient cannot be made by the Subrecipient within the specified term, due to unforeseen or uncontrollable circumstances, the term may be extended at the sole discretion of the City. If substantial progress toward completion, as determined by the City, is not made during the term of this Agreement, the entitlement funds may be re- programmed by the City after appropriate notice is given to the Subrecipient. FUNDS --City agrees to provide the Subrecipient with funds equal to the amount allocable by the City from the City's entitlement of CDBG funds, as stated above, subject to the approval of the County Economic Development Agency. The City shall reimburse only such amounts to the Subrecipient as are duly documented by written request of the Subrecipient, evidenced with copies of appropriate invoices and paid receipts or canceled checks. Funds may be reimbursed only for those verified expenses for the eligible uses and purposes described in the attached Exhibit "A." Expenses incurred by the Subrecipient before the County's authorization date of July 1, 2003 or any expenses determined by the City to be unrelated to the approved CDBG project are ineligible and are not reimbursable by the City to the Subrecipient. City may advance reimbursement amounts to the Subrecipient from the City's General Fund, subject to reimbursement from CDBG allocations from the County. 1 DISCRIMINATION--Subrecipient shall provide services on a first -come, first -served basis to all residents of the City of San Jacinto who need and request such services, so long as economic resources permit. Subrecipient 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 Block Grant funds. 4. LICENSING--Subrecipient agrees to obtain and maintain all licenses, registrations, accreditation and inspections from all agencies governing its operations. Subrecipient shall insure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing subrecipient's operations hereunder. 5. VERIFICATION OF INCOME--Subrecipient shall supply such records as necessary to verify low and moderate income status of clients, and shall provide such data to the City upon request. 6. REPORT --The Subrecipient shall submit through the City's Community Development Department monthly reports on program status. Failure to provide such monthly reports may prevent the processing by City of Subrecipient's request for reimbursement/and, in the absence of mitigating circumstances, will be cause for the City to rescind this Agreement. RECORDS—Subrecipient shall maintain records as to the use and expenditure of funds under this Agreement and shall make such records available for inspection and copying during normal business hours by the City, the County, or by the Department of Housing and Urban Development. (A) The Subrecipient shall maintain a separate financial account for CDBG funds. (B) Financial records shall be maintained by Subrecipient in accordance with Generally Accepted Accounting Principles, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of subrecipient are to be available for inspection at any time during the business day by the authorized representatives of the City, and by any representative authorized pursuant to the Act to audit CDBG programs. (C) Standards for financial management systems and financial reporting requirements are established by OMB Circular A-110 and shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federally funded. 2 Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by Subrecipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claims and audit findings involving the records, have been fully resolved. The 3-year period starts when the last expenditure report is submitted to the City in accordance with 24 CFR Part 85.42. INDEPENDENT CONTRACTOR--Subrecipient and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be the agent, officer or employee of the City or the County. INDEMNIFICATION--Subrecipient shall indemnify and hold the City harmless from all claims, damages or liability, including all reasonable attorney's fees and costs incurred in defending any claims arising out of or in connection with Subrecipient's project or activities, including but not by way of limitation any action or claim for worker's compensation. 10. MONITORING AND REPORTING PROGRAM PERFORMANCE --The City shall monitor the Subrecipient's program activities to assure compliance with applicable Federal regulations and that performance goals are being met in accordance with 24 CFR Subpart C Part 85.40. 11. TERMINATION -- A) Subrecipient may not terminate this Agreement or avoid any obligation imposed herein without the express written consent of the City. B) Notwithstanding the above provision, the City may suspend or terminate this Agreement upon written notice to the Subrecipient of the following: In the event that the Subrecipient fails to perform the covenants contained in this Agreement; and/or In the event there is a conflict with any federal, state, or local law or regulation rendering any of the provisions of this Agreement invalid or untenable; and/or iii) In the event that funding from the Department of Housing and Urban Development is terminated or otherwise becomes unavailable. C) Upon suspension or termination of this Agreement (and without waiver by City of any breach hereof by Subrecipient), Subrecipient agrees to return any unencumbered funds which it has been provided by the City. 3 12. CONFLICT OF INTEREST--Subrecipient shall familiarize itself with CDBG regulations prohibiting conflicts of interest contained in Section 24 CFR 570.611.' Subrecipient, its assigns, employees, agents, consultants, and officers shall comply with and shall not violate any provision of Section 24 CFR 570.611. Any violation of this section shall be ' deemed a material breach of this Agreement and the Agreement shall be immediately terminated by the City. ELIGIBILITY --As to Subrecipient or its claimants, the City shall bear no liability for any later determination by the County or by the United States Government, the Department of Housing and Urban Development or any other person or entity that the City or Subrecipient is or is not eligible under Section 24 CFR Part 570 to receive CDBG funds. 14. ASSIGNABILITY--Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment, delegation, or novation, without the prior written consent of the City; provided however, that claims for money due or to become due to Subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Any assignment, delegation, or novation other than as provided above shall be void and inoperative. Notice of any proper assignment or transfer shall be promptly furnished to the City. 15. INSURANCE—Subrecipient shall procure and maintain Public Liability Insurance in an amount not less than $1,000,000 per occurrence for Bodily Injury and $500,000 per occurrence for Property Damage. The Combined Single Limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the above minimum limits. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City of San Jacinto, then the subrecipient agrees that the minimum hereinabove designated shall be changed accordingly upon approval of the City. The City of San Jacinto and the Redevelopment Agency shall be named as additional insured on the above insurance policy or policies. In the event that the said insurance is canceled, the Contractor shall, prior to this cancellation date, submit to the City new evidence of insurance in the amounts established. This Agreement contains the entire agreement of the parties and supersedes all other prior negotiations, understandings, or agreements. This agreement may only be modified by the written agreement of the parties. CITY OF SAN JACINTO BY: BY:: Peter Cosentini City Manager 4 Subrecipient Page SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Senior Day Care Center, Alzheimer Resource & Support Group Center Location: 925 So. Pico St., San Jacinto, CA 92583 Description: Senior Day Care Center of Hemet -San Jacinto provides services to elderly persons with Alzheimer's and dementia. CDBG funds will be used for staff salaries and benefits. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs 2) Administration Costs $3,910.00 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Total CDBG Funding $3,910.00 CDBG Funding Source City of San Jacinto $3,910.00 Total Funding $3,910.00 EXHIBIT A Page mplementation Schedule Milestone Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete FILE: 3.SJ104 Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 EXHIBIT A Page 3 FROM year) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TO July 1, 2003 June 30, 2004 FILE:'3.SJ104 NAME OF APPLICANT County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 3. PERIOD OF APPLICABILITY 4. X Original (each Revision, Date Amendment, Date NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Senior Day Care Center, 3.SJ104 Alzheimer Resource & Support Group Center Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)654-1477 10. DESCRIPTION OF PROJECT: Senior Day Care Center of Hemet -San Jacinto provides services to elderly persons with Alzheimer's and dementia. CDBG funds will be used for staff salaries and benefits. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(A) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provide day care center to elderly persons with Alzheimer's and dementia. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, FoEl HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services 83,910.00 14. Totals $3,910.00 $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $3,910.00 2003/2004 CDBG SUBRECIPIENT AGREEMENT This Agreement is made this day of November 20, 2003 by and between the City of San Jacinto, a municipal corporation (hereinafter referred to as "City"), and the Valley Wide Recreation and Park District (hereinafter referred to as "Subrecipient"). RECITALS WHEREAS, the City has elected to participate with the County of Riverside, which County has qualified as an urban county for purposes of receiving Community Development Block Grant (CDBG) funds, to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974; and WHEREAS, with the approval of the County's Economic Development Agency, the City has delegated a portion of its CDBG allocation in the delegated amount of $1,975 to be used by the Subrecipient for the purposes as stated in the attached Exhibit "A"; and WHEREAS, residents of the City directly benefit from the services provided by Subrecipient, and at least 51 percent of those benefiting from Subrecipient's services qualify as low and moderate income persons; NOW, THEREFORE, IT IS AGREED: TERM —The term of this agreement for the project shall be for a period of one year retroactive to July 1, 2003. If completion of the project services by the Subrecipient cannot be made by the Subrecipient within the specified term, due to unforeseen or uncontrollable circumstances, the term may be extended at the sole discretion of the City. If substantial progress toward completion, as determined by the City, is not made during the term of this Agreement, the entitlement funds may be re- programmed by the City after appropriate notice is given to the Subrecipient. 2. FUNDS —City agrees to provide the Subrecipient with funds equal to the amount allocable by the City from the City's entitlement of CDBG funds, as stated above, subject to the approval of the County Economic Development Agency. The City shall reimburse only such amounts to the Subrecipient as are duly documented by written request of the Subrecipient, evidenced with copies of appropriate invoices and paid receipts or canceled checks. Funds may be reimbursed only for those verified expenses for the eligible uses and purposes described in the attached Exhibit "A." Expenses incurred by the Subrecipient before the County's authorization date of July 1, 2003 or any expenses determined by the City to be unrelated to the approved CDBG project are ineligible and are not reimbursable by the City to the Subrecipient. City may advance reimbursement amounts to the Subrecipient from the City's General Fund, subject to reimbursement from CDBG allocations from the County. 1 DISCRIMINATION--Subrecipient shall provide services on a first -come, first -served basis to all residents of the City of San Jacinto who need and request such services, so long as economic resources permit. Subrecipient 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 Block Grant funds. LICENSING--Subrecipient agrees to obtain and maintain all licenses, registrations, accreditation and inspections from all agencies governing its operations. Subrecipient shall insure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing subrecipient's operations hereunder. VERIFICATION OF INCOME--Subrecipient shall supply such records as necessary to verify low and moderate income status of clients, and shall provide such data to the City upon request. REPORT --The Subrecipient shall submit through the City's Community Development Department monthly reports on program status. Failure to provide such monthly reports may prevent the processing by City of Subrecipient's request for reimbursement/and, in the absence of mitigating circumstances, will be cause for the City to rescind this Agreement. 7 RECORDS--Subrecipient shall maintain records as to the use and expenditure of funds under this Agreement and shall make such records available for inspection and copying during normal business hours by the City, the County, or by the Department of Housing and Urban Development. (A) The Subrecipient shall maintain a separate financial account for CDBG funds. (B) Financial records shall be maintained by Subrecipient in accordance with Generally Accepted Accounting Principles, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of subrecipient are to be available for inspection at any time during the business day by the authorized representatives of the City, and by any representative authorized pursuant to the Act to audit CDBG programs. (C) Standards for financial management systems and financial reporting requirements are established by OMB Circular A-110 and shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federally funded. 2 Financial records, supporting documents, statistical records, and all othe records pertaining to the use of the funds provided under this Agreement shall be retained by Subrecipient for a period of three (3) years, at 'a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claims and audit findings involving the records, have been fully resolved. The 3-year period starts when the last expenditure report is submitted to the City in accordance with 24 CFR Part 85.42. 8. INDEPENDENT CONTRACTOR--Subrecipient and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be the agent, officer or employee of the City or the County. 9. INDEMNIFICATION—Subrecipient shall indemnify and hold the City harmless from all claims, damages or liability, including all reasonable attorney's fees and costs incurred in defending any claims arising out of or in connection with Subrecipient's project or activities, including but not by way of limitation any action or claim for worker's compensation. 10. MONITORING AND REPORTING PROGRAM PERFORMANCE --The City shall monitor the Subrecipient's program activities to assure compliance with applicable Federal regulations and that performance goals are being met in accordance with 24 CFR Subpart C Part 85.40. 11. TERMINATION -- A) Subrecipient may not terminate this Agreement or avoid any obligation imposed herein without the express written consent of the City. B) Notwithstanding the above provision, the City may suspend or terminate this Agreement upon written notice to the Subrecipient of the following: i) In the event that the Subrecipient fails to perform the covenants contained in this Agreement; and/or ii) In the event there is a conflict with any federal, state, or local law or regulation rendering any of the provisions of this Agreement invalid or untenable; and/or iii) In the event that funding from the Department of Housing and Urban Development is terminated or otherwise becomes unavailable. C) Upon suspension or termination of this Agreement (and without waiver by City of any breach hereof by Subrecipient), Subrecipient agrees to return any unencumbered funds which it has been provided by the City. 3 CONFLICT OF INTEREST--Subrecipient shall familiarize itself with CDBG regulations prohibiting conflicts of interest contained in Section 24 CFR 570.611. Subrecipient, its assigns, employees, agents, consultants, and officers shall comply with and shall not violate any provision of Section 24 CFR 570.611. Any violation of this section shall be deemed a material breach of this Agreement and the Agreement shall be immediately terminated by the City. 13. ELIGIBILITY --As to Subrecipient or its claimants, the City shall bear no liability for any later determination by the County or by the United States Government, the Department of Housing and Urban Development or any other person or entity that the City or Subrecipient is or is not eligible under Section 24 CFR Part 570 to receive CDBG funds. 14. ASSIGNABILITY--Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment, delegation, or novation, without the prior written consent of the City; provided however, that claims for money due or to become due to Subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Any assignment, delegation, or novation other than as provided above shall be void and inoperative. Notice of any proper assignment or transfer shall be promptly furnished to the City. 15. INSURANCE--Subrecipient shall procure and maintain Public Liability Insurance in an amount not less than $1,000,000 per occurrence for Bodily Injury and $500,000 per occurrence for Property Damage. The Combined Single Limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the above minimum limits. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City of San Jacinto, then the subrecipient agrees that the minimum hereinabove designated shall be changed accordingly upon approval of the City. The City of San Jacinto and the Redevelopment Agency shall be named as additional insured on the above insurance policy or policies. In the event that the said insurance is canceled, the Contractor shall, prior to this cancellation date, submit to the City new evidence of insurance in the amounts established. This Agreement contains the entire agreement of the parties and supersedes all other prior negotiations, understandings, or agreements. This agreement may only be modified by the written agreement of the parties. CITY OF SAN JACINTO Peter Cosentini City Manager 4 EXHIBIT A Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto FILE: 3.SJ105 Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: Valley -Wide Recreation and Park District Scholarship Program Location: Regional Facility, 901 W. Esplanade, San Jacinto, CA 92582 Description: Valley -Wide Recreation and Park District provides scholarships to help individuals and families defray the cost of participating in organized sports and recreational activities. CDBG funds will be used to supplement the current operating budget for these programs. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $1,975.00 Total Funding $1,975.00 Cost CDBG Approved $1,975.00 Total CDBG Funding $1,975.00 EXHIBIT A Page 2 Timetable Implementation Schedule Milestone Start Date Completion Date Program Services July 1, 2003 Submit Quarterly Report Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 FROM year) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside APPLICATION/GRANT NUMBER PROJECT SUMMARY R-02-UC-06-0506 3. PERIOD OF APPLICABILITY TO 4. X Original (each July 1, 2003 June 30, 2004 Revision, Date Amendment, Date . NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Valley -Wide Recreation and 3.SJ105 Park District Scholarship Program Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)654-1505 10. DESCRIPTION OF PROJECT: Valley -Wide Recreation and Park District provides scholarships to help individuals and families defray the cost of participating in organized sports and recreational activities. CDBG funds will be used to supplement the current operating budget for these programs. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provide scholarship to individuals and families pay for organized sports and recreational activities to promote leadership and citizenship. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR. FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Services $1,975.00 14. Totals $1,975.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $1,975.00 2003/2004 CDBG SUBRECIPIENT AGREEMENT This Agreement is made this day of November 20, 2003 by and between the City of San Jacinto, a municipal corporation (hereinafter referred to as "City"), and the San Jacinto Police Activities League, PAL (hereinafter referred to as "Subrecipient"). RECITALS WHEREAS, the City has elected to participate with the County of Riverside, which County has qualified as an urban county for purposes of receiving Community Development Block Grant (CDBG) funds, to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974; and WHEREAS, with the approval of the County's Economic Development Agency, the City has delegated a portion of its CDBG allocation in the delegated amount of $9,770 to be used by the Subrecipient for the purposes as stated in the attached Exhibit "A"; and WHEREAS, residents of the City directly benefit from the services provided by Subrecipient, and at least 51 percent of those benefiting from Subrecipient's services qualify as low and moderate income persons; NOW, THEREFORE, IT IS AGREED: TERM --The term of this agreement for the project shall be for a period of one year retroactive to July 1, 2003. If completion of the project services by the Subrecipient cannot be made by the Subrecipient within the specified term, due to unforeseen or uncontrollable circumstances, the term may be extended at the sole discretion of the City. If substantial progress toward completion, as determined by the City, is not made during the term of this Agreement, the entitlement funds may be re- programmed by the City after appropriate notice is given to the Subrecipient. 2. FUNDS —City agrees to provide the Subrecipient with funds equal to the amount allocable by the City from the City's entitlement of CDBG funds, as stated above, subject to the approval of the County Economic Development Agency. The City shall reimburse only such amounts to the Subrecipient as are duly documented by written request of the Subrecipient, evidenced with copies of appropriate invoices and paid receipts or canceled checks. Funds may be reimbursed only for those verified expenses for the eligible uses and purposes described in the attached Exhibit "A." Expenses incurred by the Subrecipient before the County's authorization date of July 1, 2003 or any expenses determined by the City to be unrelated to the approved CDBG project are ineligible and are not reimbursable by the City to the Subrecipient. City may advance reimbursement amounts to the Subrecipient from the City's General Fund, subject to reimbursement from CDBG allocations from the County. 1 DISCRIMINATION--Subrecipient shall provide services on a first -come, first -served basis to all residents of the City of San Jacinto who need and request such services, so long as economic resources permit. Subrecipient 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 Block Grant funds. LICENSING--Subrecipient agrees to obtain and maintain all licenses, registrations, accreditation and inspections from all agencies governing its operations. Subrecipient shall insure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing subrecipient's operations hereunder. 5. VERIFICATION OF INCOME--Subrecipient shall supply such records as necessary to verify low and moderate income status of clients, and shall provide such data to the City upon request. 6. REPORT --The Subrecipient shall submit through the City's Community Development Department monthly reports on program status. Failure to provide such monthly reports may prevent the processing by City of Subrecipient's request for reimbursement/and, in the absence of mitigating circumstances, will be cause for the City to rescind this Agreement. RECORDS--Subrecipient shall maintain records as to the use and expenditure of funds under this Agreement and shall make such records available for inspection and copying during normal business hours by the City, the County, or by the Department of Housing and Urban Development. (A) The Subrecipient shall maintain a separate financial account for CDBG funds. (B) Financial records shall be maintained by Subrecipient in accordance with Generally Accepted Accounting Principles, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of subrecipient are to be available for inspection at any time during the business day by the authorized representatives of the City, and by any representative authorized pursuant to the Act to audit CDBG programs. (C) Standards for financial management systems and financial reporting requirements are established by OMB Circular A-110 and shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federally funded. 2 (D) Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by Subrecipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claims and audit findings involving the records, have been fully resolved. The 3-year period starts when the last expenditure report is submitted to the City in accordance with 24 CFR Part 85.42. 8. INDEPENDENT CONTRACTOR--Subrecipient and . its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be the agent, officer or employee of the City or the County. 9. INDEMNIFICATION—Subrecipient shall indemnify and hold the City harmless from all claims, damages or liability, including all reasonable attorney's fees and costs incurred in defending any claims arising out of or in connection with Subrecipient's project or activities, including but not by way of limitation any action or claim for worker's compensation. 10. MONITORING AND REPORTING PROGRAM PERFORMANCE —The City shall monitor the Subrecipient's program activities to assure compliance with applicable Federal regulations and that performance goals are being met in accordance with 24 CFR Subpart C Part 85.40. 11. TERMINATION — A) Subrecipient may not terminate this Agreement or avoid any obligation imposed herein without the express written consent of the City. B) Notwithstanding the above provision, the City may suspend or terminate this Agreement upon written notice to the Subrecipient of the following: In the event that the Subrecipient fails to perform the covenants contained in this Agreement; and/or ii) In the event there is a conflict with any federal, state, or local law or regulation rendering any of the provisions of this Agreement invalid or untenable; and/or iii) In the event that funding from the Department of Housing and Urban Development is terminated or otherwise becomes unavailable. C) Upon suspension or termination of this Agreement (and without waiver by City of any breach hereof by Subrecipient), Subrecipient agrees to return any unencumbered funds which it has been provided by the City. 3 CONFLICT OF INTEREST--Subrecipient shall familiarize itself with CDBG regulations prohibiting conflicts of interest contained in Section 24 CFR 570.611. Subrecipient, its assigns, employees, agents, consultants, and officers shall comply with and shall not violate any provision of Section 24 CFR 570.611. Any violation of this section shall be deemed a material breach of this Agreement and the Agreement shall be immediately terminated by the City. ELIGIBILITY --As to Subrecipient or its claimants, the City shall bear no liability for any later determination by the County or by the United States Government, the Department of Housing and Urban Development or any other person or entity that the City or Subrecipient is or is not eligible under Section 24 CFR Part 570 to receive CDBG funds. 14. ASSIGNABILITY--Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment, delegation, or novation, without the prior written consent of the City; provided however, that claims for money due or to become due to Subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Any assignment, delegation, or novation other than as provided above shall be void and inoperative. Notice of any proper assignment or transfer shall be promptly furnished to the City. 15. INSURANCE—Subrecipient shall procure and maintain Public Liability Insurance in an amount not less than $1,000,000 per occurrence for Bodily Injury and $500,000 per occurrence for Property Damage. The Combined Single Limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the above minimum limits. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City of San Jacinto, then the subrecipient agrees that the minimum hereinabove designated shall be changed accordingly upon approval of the City. The City of San Jacinto and the Redevelopment Agency shall be named as additional insured on the above insurance policy or policies. In the event that the said insurance is canceled, the Contractor shall, prior to this cancellation date, submit to the City new evidence of insurance in the amounts established. This Agreement contains the entire agreement of the parties and supersedes all other prior negotiations, understandings, or agreements. This agreement may only be modified by the written agreement of the parties. CITY OF SAN JACINTO BY: BY: Peter Cosentini City Manager 4 EXHIBIT A FILE:J100 Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of San Jacinto Address: 248 E. Main Street, San Jacinto, CA 92583 Project Title: San Jacinto Police Activities League Location: Monte Vista School, 181 N. Ramona Blvd., San Jacinto, CA 92583 Description: The San Jacinto Police Activities League provides services (sports, recreational activities, tutoring) directed to at -risk youth to prevent crime. CDBG funds will be used for staff salaries and benefits. Project Requirement: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. In addition, this is a multi -funded project and will be administered by Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Source City of San Jacinto $9,770.00 Total Funding $9,770.00 Cost CDBG Approved $9,770.00 Total CDBG Funding $9,770.00 EXHIETT A FTLE:`3.SJ100 Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Completion Date October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 FROM year) July 1, 2003 EXHIBIT 'q Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TO 5. NAME OF PROJECT San Jacinto Police Activities League June 30, 2004 FILE: 3.SJ100 NAME OF APPLICANT County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 PERIOD OF APPLICABILITY 4. X Original (each Revision, Date Amendment, Date 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 3.SJ100 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of San Jacinto (909)487-6777 10. DESCRIPTION OF PROJECT: The San Jacinto Police Activities League provides services (sports, recreational activities, tutoring) directed to at -risk youth to prevent crime. CDBG funds will be used for staff salaries and benefits. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a) (2) (i) (B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: To provide at -risk youth with positive activities to promote sportsmanship, citizenship and good character. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Fonu HUD-7067 ) Benefit Benefit (a) (b) (c) (d) (e) Public Services $9,770.00 14. Totals $9,770.00 $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $9,770.00 TO: FROM: SUBJECT: November 20, 2003 The Honorable Mayor and Members of Habib Motlagh, City Engineer Final Tract Map 30638 — Western Pacific Housing, Inc. he City Council RECOMMENDATION: By motion, 1) Approve Final Tract Map 30638, contingent upon annexation to the City's LLPD No. 2; and 2) authorize the City Manager to execute the subdivision agreement. BACKGROUND: Final Tract Map 30638 is a 44-lot single-family subdivision on 10.23 acres, located south of Esplanade Avenue west of Mountain Avenue in Rancho San Jacinto. The improvement plans associated to this subdivision have been approved and construction of infrastructure in under way. Adequate bonds, including landscaping have been provided to ensure installation of the required improvements. JUSTIFICATION Final Tract Map 30638 has substantially complied with the requirements of the Subdivision Map Act and the City of San Jacinto Subdivision Ordinance. Appropriate securities to complete the offsite improvements have been posted with the City and are part of the subdivision agreement. BUDGETARY IMPACT All consulting fees associated with the review of final map and improvement plans has been paid in full by developer. Approv �`i City Manager: Finance Director: Page 1 of 2 ATTACHMENTS: 1. Final Map 30638 Page 2 of 2 ZO 9bd 9NIi flshi08 1,IGWc13WWI2 h LLB-6-888-969 09:TT E006/t7T/T1 11/14/2003 11:5B 62E-338-2277 _,4_r. ' 1 1 411,1 r_ `c ASSO I4T53 7_IMMERMAN CONSULTING 541: N. .trmar .wir ■ f-`moinrirmr Math 1i67iiEai�€@eMcy ii 146s0106iimoxie6vk11 gAmsgmAggspqmp 455R 'I1Y6 iiS§ PAGE 03 be 39Vd 0E9 EC.6. 'CN DNIllASNO3 Wka3kWIZ SEVE)OSSv GY177i1 E:P LLE-BEE-96 E036/vi Se 39bd tFAc7 23963 L.DT 12 1 '� as irMI i t :H Ii�Itku �iiiMMittom 1rzx+�.. 9 7 6 6OE 'ON Pri 9NIhf1SN00 NG'Nd3NNI2 LLs6-8EE-9 4 � W V 9 gC:TT 8©©G/bI/It RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF SAN JACINTO 201 E. Main Street San Jacinto, Ca 92583 ATTN: City CIerk Exempt from recording fee, per Government Code Section 6103 CITY OF SAN JACINTO, CALIFORNIA By: ‘-.9)143 City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30638 between THE CITY OF SAN JACINTO A California Corporation Western Pacific Housing, Inc., A Delaware Corporation Licensed to do work in California RVFURUSIMS549I AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30638 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this day of 2003, by and between the City of San Jacinto, a California municipal corporation ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California, with their principal office located 400 N. Continental Blvd., Ste. 100, El Segundo, CA 90245 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the 'Parties." II. RECITALS. A. On May 3, 2002, Owner submitted to City an application for approval of a tentative tract map for real property located within City,' a legal description of which is attached hereto as Exhibit "A" ("Property"). The tentative tract map was prepared on behalf of Developer by James W. Unl and & Associates, and is identified in City records as Tract Map No. 30638. B. Developer's application for Tentative Tract Map 30638 was deemed complete on May 3, 2002. On August 28, 2002, the San Jacinto Planning Commission conditionally approved Developer's application for Tentative Tract Map No. 30638. C. Developer has not completed all of the work or made all of the public improvements required by San Jacinto's Municipal Code Section 16.24, the Subdivision Map Act (Government Code sections 66410 et seq.) ("Map Act"), the conditions of approval for Tract No.30638, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section San Jacinto Municipal Code Section 16.24.010 (B) and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 30638. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 30638. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the RVPUD\MXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 OF 14 (Updated: February, 2001) Recorder's Office of the County of Riverside; (c) the City Council of the City ("City Council") approves the final map for Tract No. 30638 and (d) Developer records the Final Tract Map No. 30638 in the Recorder's Office of the County of Riverside. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for Tract No. 30638. 2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Tract No. 30638, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, stout' drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 30638 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit"B," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements. 2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property. 2.3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable kVl'OEIMXM16O6513 PAGE 3 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perfoa,n the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perfouu the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, pennits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk' of the Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improve- ments. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perfoi111 such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to RVPUE\MXM\ 065I3 PAGE 4 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final map for Tract No. 30638. Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of !aches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. 30638 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et sec. of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 30638 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall R V PL BB\MXM\6065l3 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) PAGE 5 OF 14 7,0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 30638. 8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default; Notice; Remedies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance,` regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred. R VPUBVvIXMl6065 I 9.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this PAGE 6 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable'attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 11.0 Acceptance of Improvements; As -Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon thetotal or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If Tract No. 30638 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (I) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein. 12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (I) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional R VPUBMMM11\606513 PAGE 7 OF 1.4 SUBDIVISION IMPROVEMENT AGREEMENT (Update& February, 2001) one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein' shall relieve Developer from any other liability it may have under federal, state, or local law to repair,, replace, or reconstruct, any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement. 13.0 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping ("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer's one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of Six Hundred Seventy Four Thousand Nine Hundred Eighty Six and Six Cents ($674,986.00), which sum shall be not less than one hundred percent (100%n) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 30638, and the total remaining security is not less than twenty- five percent (25(70) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 30638. 13.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of, Six Hundred Seventy Four Thousand Nine Hundred Eighty Six and Six Cents ($674,986.00), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent (20%n) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VIIT, shall be licensed to do R VPU B'MXM\GOG 51_3 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8 OF 14 (Updated: February, 2001) business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer; or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security. 3.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the fo>'t us set forth in Exhibit "C", unless other foi ins are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference. 14.0 Monument Security, Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 30638 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash with City in the amount of Two Thousand Five Hundred Dollars ($2,500.00), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 30638. 15.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13.0 et seq. and 14.0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer' s default on those obligations for which security has been provided pursuant to Sections 13.0 et seq. and 14.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or perforrance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of Agency, its elected officials, officers, employees, and/or agents for all legal expenses and costs RVPUB'MXM160i513 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9 OF 14 (Updated: February, 2001) incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Consultant's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Agency, its elected officials, officers, employees, or agents. 7.0 Insurance. 17.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractorsshall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. R V PUBVM XMV606513 PAGE 10 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 17.3 Additional Insured; Separation of Insureds. The Required Insurance shall,. name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith.' The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primarywith respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 17.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin: City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City. 17.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII. 1.8.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal. 19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract No. 30638, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint RVPUBvMX nwe5I3 SUBDIVISION IMPROVEMENT AGREEMENT PAGE 11 OF 14 (Updated: February, 2001) venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as maybe necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and 'subcontractors of Developer, except as otherwise specified in this Agreement All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: DEVELOPER: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Community Development Director (909) 487-7330 Western Pacific Housing, Inc. 16755 Von Karman Ave, #200 Irvine, CA 92606 Attn: Joanie Madrid (949) 442-6199 Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 20.5 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. RVPU©\MXM1M\6D6513 PAGE 12 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February. 2001) 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any, breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. R VPU B\MXA11606513 20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 OF 14 (Updated: February, 2001) proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. CITY O SA CL / °� WESTE'lPACIF HOU ING, INC. By: By: (signature) City Manager City of San Jacinto ATTEST: By: Dorothy L. Chouinard City Clerk City of San Jacinto (signature) Chris Chambers Vice President Jon Myhre Assistant Secretary Western Pacific Housing, Inc. NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. RVPUIRVIXIV36055 I PAGE 14 OF 14 SU13D1VISION IMPROVEMENT AGREEMENT (Updated: February, 2001) STATE OF CALIFORNIA COUNTY OF�-���/�' ,1�7L e < 2003, before me, �,,Gjir`?/� , the undersigned notary public, personally appeared ,. /?J� y� (L)poxsonally known to me OR ( ) proved to me on the 1 asis of satisfactory evidence to be the personf,$) whose nameeks) is/are subscribed to the within instrument and acknowledged to me that het the/ti ey executed the same in his/beritl r authorized capacity(e ), and that by hisater/tlxir signature) on the instrument the personj, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary RVPO13AMXM\6065 U a rema KAREEI4 KOHIER Commission # 1277S73 Nottry Pub - 4._i':;rt'7liCi CAPACITY CLAIMED BY SIGNER: Individual(s) _Corporate Partner(s) _ Attorney -in -Fact Trustee(s) Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYCIES) SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 2003, before me, the undersigned notary public, personally appeared (./1?/'lS,— .-personally known to me OR — proved to me on the basis of satisfactory evidence to be the persott(-S) whose nameks`) is/%e subscribed to the within instrument and acknowledged tome that he/slit/they executed the same in his/ha'f/the�ir authorized capacity(i0), and that by his/her/theyr signatures) on the instrument the persons), or the entity upon behalf of which the perso acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary RVPLrE\MXM16O65 I CAPACITY CLAIMED BY SIGNER Individual(s) _Corporate Partner(s) Attorney -in -Fact Trustee(s) Subscribing Witness _ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(5) OR ENTITY(I S) A-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) LEGAL DESCRIPTION OF PROPERTY TRACT NO. 30638 LOTS 9 AND 10 OF TRACT 23963, AS SHOWN BY MAP ON FILE IN BOOK 239 PAGE(S) 10 THROUGH 22, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. R V PU B\MXM\6065 13 A-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 12 V PU 6'MXM1606513 LIST OF PUBLIC IMPROVEMENTS TRACT NO. 30638 B-1 SUBDIVISION LMPROVEMENT AGREEMENT (Updated: February, 2001) EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO.30638 As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: $674,986.00 Surety: Arch Insurance Company of Missouri Attorney -in -fact: Michael E. Cundiff Address: 7650 Courtney Campbell Cswy., it 920 Tampa, 813-281-2095 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $674,986.00 Surety: Arch Insurance Company of Missouri Attorney -in -fact: Michael E. Cundiff Address: 7651 Courtney Campbell Cswy., # 920 Tampa, FL 33607 813-281-2095 LANDSCAPE IMPROVEMENTS — PERFORMANCE AND MATERIAL/LABOR BOND PRINCIPAL AMOUNT: $674,986.00 Surety: Michael E. Cundiff Attorney -in -fact: Address: 7651 Courtney Campbell Cswy•, # 920 Tampa, FL 33607 813-281-2095 CASH MONUMENT SECURITY: $2,500.00 Amount deposited per Cash Receipt No. Date: RVPUBAMXW6UG513 C-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: Fehr -miry, 2001) �JAMES W.� ` CIVIL ENGINEERS 3550 EAST FLORIDA AVENUE SUITEG �HBmE[CA92544� � (909)652-5575 FAX (909)925-6490 DATE: INSPECTION FEE AND BOND ESTIMATE 'C0Y OFSAN JACINTOPROJECT: TRACTS 30638-1 AND 30638 ' LOCATION:~- 1 DESCRIPTION UNIT TRACT 30638-1 TRACT PRICE 09/25/2003 '| `HOP | } / STREETyMPR0VEMENTS INTERIOR STREETS SF 00,137 57.125 3"ACPAVEMENT $35.08TON 1.128$33,464.91 1.071 $37.488.28 *76.95319 8,AGGBASE (CL2) 17�00CY 1.114 18.83282 1.058 17.983.80 36.91581 FOG /�CU�&G��R 7�� �� ��� �8� �1�� 41��� �T�E 3 8^TO8^CURB TRANSITION 7.50LF 158 1,185.00 1.185.00 4 DRIVE APPROACH (6'THICK) 3.50SF 3.188 11.088.80 4.320 15.12080 26.208D0 5 CROSS GUTTER &SPANDREL 3A0SF 1.72B 5.35&80 5.35&80 R CONC. SIDEWALK (4"THICK) 1.50 SF 17.130 25.695.08 17.784 26.081.80 52.388D0 T HANDICAP RAMPS 300.00 EA 8 2.408�08 2 60000 3.000.80 8 BARRICADE 1.400D0 EA 2 2.800D0 2.800O0 11 STREET LIGHTS 2.85030 EA G 17,100.00 5 14.250,00 31.350-00 12 STREET NAME SIGNS 27580 EA 4 1.100.00 2 550.00 1.050.08 13 STUP8|GNS 250.00 EA 4 1.000.00 1 250.00 1.250.00 16B REMOVE EX, SIDEWALK 0.50 SF 1.193 590.50 1 0.50 597.00 18C REMOVE EX. ACBERM 1.00 LF 280 200.00 20080 16D REMOVE EX. BARRICADE 100D0 EA 2 200D0 208.00 20 CATCH BASIN (VV=4') 3.80080 EA 4 12.000D0 12.080.00 21 18"RCP(CLASS IV) 45�88 LF 853 29.385.80 29.385D0 22 4'x2'RE|NFC0NCCHANNEL 75.80LF 124 9.380.00 9.308.00 23 RE|NFC0NCOUTLET 1.500D0 CY 5 7.500.08 7.50880 24 RBNFCONCTRANSITION 1.500,00CY 1 1.508.88 1.500.80 25 FLAT INLET STRUCTURE 5.000.00 EA 1 5.000-00 5,800.08 26 JUNCTION STRUCTURE 2.500.00EA 3 7,500.08 7'500.88 27 CRACK SEAL 8SLURRY 0.20 SF 41.934 8.388.80 8,380,80 28 STRIPING 'MERIDIAN 0.25 LF 2.100 525.00 52500 29 WROUGHT IRON FENCE 20.00 LF 57 1.140.00 1.14000 SO 3'VVRDUGHTIRON GATE 450.00 EA 1 450.00 45000 31 15'VVRUUGHTIRON GATE 1500 EA 1 1.500.00 1.50000 ,, nTOR[NDRA|NMANHOLE 2.500.00 EA 2 5.000.00 5.000.00 33 - CONCRETE SLOPE 4.00SF 2,480 9,920.00 9,920.00 SUBTOTAL STREET IMPROVEMENTS $385,125.46 ��� PAGE 1OFc PROJECT: DESCRIPTION SEWER SYSTEM 8" SEWER MAIN 4" SEWER LATERAL 48" MANHOLE 48" TERMINUS MANHOLE 4" CLEAN OUT 8" END PLUG 8"X4" SADDLED CONNECTION SUBTOTAL SEWER SYSTEM WATER SYSTEM (EMWD) 8" PVC MAIN 8" R.S.G.V. 8" TEE 8" 45d BEND 8" 22.5d BEND 8" 11.25d BEND 8" FxH ADAPTER 6" FIRE HYDRANT 8"x6" REDUCER 6" TEMPORARY BLOW OFF REMOVE TEMP. BLOW OFF WATER SERVICE/METER REMOVE 8" PLUG/THRUST 8" END CAP REMOVE 8°' END CAP DEVELOPMENT COST ESTIMATE TRACTS 30638-1 AND 30638 UNIT PRICE UNIT PRICE QUANTITY TOTA QUANTITY DATE: BY: TOTAL TRACT 30638-1 TRACT 30638 09/25/2003 HOP GRAND TOTAL $ 22.00 LF 1,413 $ 31,086.00 1,341 $ 29,502.00 $ 60,588.00 11.00 LF 1,238 13,618.00 888 9,768.00 23,386.00 1,800.00 EA 9 16,200.00 3 5,400.00 21,600.00 2,000.00 EA 1 2,000.00 2 4,000.00 6,000.00 100.00 EA 51 5,100.00 51 5,100.00 10,200.00 150.00 EA 1 150.00 150.00 450.00 EA 4 1,800.00 1,800.00 $ 123,724.00 22.00 LF 1,730 38,060.00 1,301 28,622.00 66,682.00 750.00 EA 4 3,000.00 2 1,500.00 4,500.00 450.00 EA 2 900.00 1 450.00 1,350.00 250.00 EA 16 4,000.00 4 1,000.00 5,000.00 250.00 EA 1 250.00 250.00 250.00 EA 1 250.00 250.00 250.00 EA 1 250.00 2 500.00 750.00 1,700.00 EA 7 11,900.00 5 8,500.00 20,400.00 200.00 EA 1 200.00 200.00 1,600.00 EA 1 1,600.00 1,600.00 350.00 EA 1 350.00 350.00 350.00 EA 39 13,650.00 37 12,950.00 26,600.00 350.00 EA 2 700.00 700.00 200.00 EA 2 400.00 400.00 200.00 EA 2 400.00 400.00 SUBTOTAL WATER SYSTEM 129,432.03 LANDSCAPING 36,704.54,! ESTIMATED CONSTRUCTION COST $674,986.00 PAGE 2 OF 2 RST TERM PREMIUM IS TU BOND NO. 'SU 5002480 INITIALPREMIUM: $5,062.00 / 2 Years SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 30638 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California ('Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30638 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated October 1st, 2003, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Six Hundred Seventy Four Thousand Nine Hundred Eighty Six and Six Cents ($674,986.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDI I ION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent RVPUB)1)031\806513 C-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwis it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Los Angeles , this 8th day of August , 2003 Western Pacific Housing, Inc. Arch Insurance Company Principal a Delaware Corpfyation By: Surety By: Vice President Att.mey-in-F Chris Chambers Michael E. Cundiff (print name) NO IL: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION. BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. RVPUEVAXM\606513 C-3 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles personally appeared before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER Michael E. Cundiff © Personally known to me - or SAN E. IdfORAL.EE COr.iM #1332202 n ary Puhlic-Californicw Q NGELES COUNT? —• own!, Erp. Get 25, 2335 NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and 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 han(dj and official seal. tic" (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL/OWNER L CORPORATE OFFICER N TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of personally appeared efore me, KAREEN KOHLER Commission # 1277B23 Malay Pubic - California Orange County My Comm.ETies2 SepI Name and TAM of Officer (e.g., "Jane DceNotary P Name(si cf Signer(s) .pefsonally known to me L 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. Z.7 Signaler of Notary Pablo OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): LI Partner — Li Limited LI: General ❑ Attorney -in -Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT: OFSIG FER'. Top of thumb here L 4V��`_ V� W�I'-'.V W-'V�L?JvV `._�n.•"�^J'�*l��`_�cl v V ��J����.+v!4• 0 1999 National Noley Association • 9250 De Soto Ave_ P.O. Box 2402 • Chatsworth, CA 9131E-2402 • wvnt.nalionalnolary org Prod. No. 5907 Reorder: Call Toti-Free 1-200-975-6827 BOND NO. SII 5002480 INITIAL PREMIUM; Included With Performance SUBJECT TO RENEWAL Bond CITY OF SAN JACINTO RACT MAP 30638 IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California ("Developer"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30638 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated October 151, 2003 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of ssou ri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid R VPU BV.IXMI000513 C-4 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) excepting the Principal, the sum of Six Hundred Seventy Four Thousand Nine Hundred Eighty Six and Six Cents ($674,986.00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered, This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. RVPUB \1,4}3,1065 i3 C-5 SUBDIVISION IMPROVEMENT AGREEMENT (Updated. February, 2001) IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Los Angeles this 8th day of August , 2003 Western Pacific Housing, Inc. Principal a Delaware Corporati By: Vice President Arch Insurance Company Surety Chris Chambers Michael E. Cundiff (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. R VPUAtMXM ViO6 C-6 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles on personally appeared before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER Michael E. Cundiff E Personally known to me - or - LSAN E. MORALES COMM. 4fl32202 o!ary Public -California ((A�j LOS ANGELES COUNTY My Comm. Exp. Cec 25, 2005 T a • P • . . • , .• NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and 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. 660aril /0c/1 'a) (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL/OWNER CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) I LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI'1 Y(IES) Arch Insurance Company POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri having its principal office in Kansas City Missouri (hereinafter referred to as the "Company) does hereby appoint Lawrence'Vd. Caristrom, Raymond E. Gail, Michael E. Cundiff, Susan E. Morales, George A. Munana, Matthew J Huggins and Eric Schmalz of Los Angeles, CA (EACH) Its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and delive on its behalf as surety, and as its act and deed: Any and all bonds and undertakings from th date or issuance of this powerfo nd EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. in Testimony Whereof, the Cr -iny has caused this instrument igto , authorized �ufficera.this 22no c|ayofJ�Y ' . `` ` ��`� .2803 �� � Arch Insurance Company Attested and Certified ` ` joueohS.L691.Corporate Secreary � `` `^ ^ � ` � ,�!T6omanP. Luckstone,` ~ Vice President '. STATE OFCONWECT|CUTSS' .^ COUNTY OFFA|RF|ELD SS iMelissa 8Gilligan, aNotary Public, dohereby certify that Thomas PLuckcboneand Joseph SLabaU personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the Corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and Voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL CERTIFICATION '/` ` �Me�»aB�G0�an.motz�PubUu~9 My commission expires 2'2 | Joseph S. Label], Corporate Secretary of the Arch Insurance Company,do hereby edify that the attached Power of Attorney dated JuIv 22. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company onthis day of 20 Joseph S/Loell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. . Home Office: Kansas City, MO 0DML0013800303 Page 2of2 Printed inU3.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. CALIFORNIA A Slate of California County of PURPOSE ACKNOWLEDGMENT ss. 2� before me, �a/M % f / — Date ` On%7fr personally appeared Name and Title of Off) er (e.g., "Jane Doe, Notary Public'( Name(s) cl Slgne((al rsonally known to me E proved to me on the basis of satisfactory evidence to be the person whose names) is/ subscribed to the within instrument and acknowledged to me that he/sp2/thcsy executed the same in his/Ir/their authorized capacity(), and that by his/b.6r/�Gtir signatures) on the instrument the personX, or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Stonalure o Public 4"Z Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above, Capacity(ies) Claimed by Signer Signer's Name: ❑ IID Fl Individual Corporate Officer — Title(s): I Partner — Limited Li General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: P 1999 National Notary Assocfalion • 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth. CA 9131 -2402 - w nationainotaryarg RIGHT THUMBPRINT: :'. OF SIGNER Top of thumb here Prod. No. 5907 Deader: Call Toll -Free 1-550-876A827 BOND NO. 5U5002196 INITIALPREMIUM: Included with Performance Bond. SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP 30638 IMPROVEMENTS LANDSCAPE LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California ("Developer"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, stoi in drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30638 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated October 1st, 2003 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond, NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid R\PUMMXM\606513 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) C-7 excepting the Principal, the sum of Six Hundred Seventy Four Thousand Nine Hundred Eighty Six and Six Cents ($674,986.00), said sum being not Iess than 100% of the total cost of the Public Improvements under the ternus of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firiitlyby these presents. THE CONDI l ION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. RVPUB\MXM\606513 C-8 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 200I) IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Tampa, FL , this 20th day of August 2003 Western Pacific Housing, Inc., Principal a Delaware Corporation By: Vice President Chris Chambers By: Arch Insurance Company Attorney -Fact Kimberly A. Tavernier (print name) c/o Willis of Florida 7650 Courtney Campbell Cswy., #920 Tampa, FL 33607/Inquiries: (813) 281-2095 NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AM) A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND R VPUBIM73.41606513 C-9 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH SS. On this 20th day of August, 2003 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -In -Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature L.J. Me r 0010 L J. Meyer ,')irt'•4ISSION# DD211984 EXPIRES June 1, 2007 f+hD T HRU TROY FAIN INSURANCE, INC This area for Official Notarial Seal Know All Men By These Presen Th0tthe Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its prirccpal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Arretl Cardinale, David H. Carr, James W. Dunn, Linda J. Meyer, Pamela Miller, Pamela L. Morgan and Kimberly A. Tavernier of Tampa, FL (EACH) itstrue and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of on its behalf as surety, and as its act and deed: Any and all bonds and undertakings his power for and EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at anytime. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, .or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their auth ofized officers, this 7th day of August , 20 03 Attested and Certified 01anc0 1971 o\ TE I„eud Joseph S. Or I, Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Arch Insurance Company .._ Thomas P. Luckstone, Vice President I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL. State of Connecticut My Commission Expires Fetxuery 28, 2005 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Auaust 7.2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. elissa B. Gilligan, Notary Public My commission expires 2-28-05 IN TESTIMONY WHEREOF, I have hereunto subscribed my name' and affixed the corporate seal of the Arch Insurance Company on this 20t day of August 20 03 . Joseph Sell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT -..T. .`,.n State of California County of 02�s % before me, d, el%% /I/ Dale /"J Name end Title of 0 (e.g. "Jane Doe Notary Public") `ls // %'d personally appeared Lam'"lS Name(s) of Signer(s) tonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personi6) whose name(2)is/ale subscribed to the within instrument and acknowledged to me that he/sh(e/tfjr4 executed the same in his/¢er/teir authorized capacity(ies), and tfiat by his/h7r/th9ir signature(,9'j on the instrument the person(tt), or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. tgnai al Notary Public Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signers Name: ri Individual ❑ Corporate Officer — Title(s): ❑ Partner Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee Li Guardian or Conservator ❑ Other: Signer Is Representing: ® 1999 National Notary Association • 9350 De Soto Ave._ P0. box 2402 • Chalsworth, CA 913132402 • www.naeonalnolaryorg R)GITT TRUIOHPRINT OF SIGPER Too of thumb here :^c,':'CCti't4�<-'*.`Ck.`£S{;''�t;763n Proo. No. 5907 Reorder: Cal 1oib9ree 1.800.876.6927 BOND NO. SU5002196 INITIAL PREMIUM: $5,062.00/Two Years SUBJECT TO RENEWAL FIRST TERM PREMIUM FULLY EARNED. CITY OF SAN JACINTO TRACT MAP 30638 IMPROVEMENTS LANDSCAPE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ('City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California ("Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30638 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated October 1st, 2003, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for perfoirnance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Arch Insurance Company ('Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Six Hundred Seventy Four Thousand Nine Hundred Eighty Six and Six Cents ($674,986.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by thesepresents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and perfol filed at the time and in the manner therein specified and in all respects according to their intent PUPUBUIX 4\606511 SUBDIVISION IMPROVEMENT AGREEMENT C-10 (Updated: February, 2001) and meaning, and to indemnify and save harmless City, its officers, employees, and agents, stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shaII be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et seg. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Tampa, FL this 20th day of August 2003 Western Pacific Housing, Inc., Principal a Delaware Co Arch Insurance Company Surety { By: By: Vice President Chris Chambers Attorney -in- '. ct Kimberly A. avernier (print name) c/o Willis of Florida 7650 Courtney Campbell Cswy., #920 Tampa, FL 33607/Inquiries: (813) 261-2095 NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. RVPUB\MXt4\606513 C-11 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH SS. On this 20th day of August, 2003 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -In -Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature I_ J. Meyer 4Y 1SSION # DD211984 EXPIRES June 1, 2007 BONDED THRU TROY FAIN INSURANCE, INC This area for Official Notarial Seal POWER OF ATTORNEY Know AU Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Anett Cardinale, David H. Carr, James W. Dunn, Linda J. Meyer, Pamela Miller, Pamela L. Morgan and Kimberly A. Tavemier of Tampa, FL (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all Intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. • This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, .or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of August , 20 03 . Attested and Certified Joseph S. Lir' I, Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Arch Insurance Company Thomas P. Luckstone, Vice President I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL tiff:LISSA B. GILLIGAN, Notary Public Stale of Connecticut My Commission Expires February 28, 2005 Melissa B. Gil igan, Notary Public My commission expires 2-28-05 I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated August 7. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHERg,. OF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 20 t" day of August ,20 03 . Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH Surety In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;rY xc�c cryrcac�� ccoGrcce.c� �r n3r ac c cat G� State of California County of personally appeared before me,"ll�<�i%� Name and Ttle of O er (eg., "Jane Doe. Notary Public") Namela) of Signers) ,.personally known tome Li proved to me on the basis of satisfactory evidence to be the personn(ar) whose name( is/ale subscribed to the within instrument and acknowledged to me that he/s)fe/tit ey executed the same in his/her9eir authorized capacity(i99s), and that by his/lief/th it signature( on the instrument the person,) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. of Notary Public Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: L Individual CI Corporate Officer — Title(s): LI Partner —❑ Limited C General L Attorney -in -Fact rl Trustee ❑ Guardian or Conservator 1-11 Other: Number of Pages: Signer Is Representing: 01999 Natlonat Naar/ As=_ocialioo • 9350 De Solo Ave.. P.O. Box 2402 • ChaLS CA 91313.2402 • Wwo notionanctad.o'g Prod. No. 5907 RIGrfTTHuMBPRINT. OF SIGNER Top of thumb here Reorder. Call Toil -Free 1-800-876-6827 November 20, 2003 TO: FROM: Habib Motlagh, City Engineer SUBJECT: Final Tract Map 30658 and 30658-1 — Western Pacific Housing, Inc. AGENDA ITEM The Honorable Honorable Mayor and Members of the City Council RECOMMENDATION: By motion, 1) Approve Final Tract Map 30658 and Final Tract Map 30658-1, contingent upon annexation to the City's LLPD No. 2; and 2) authorize the City Manager to execute the subdivision agreement. BACKGROUND: Final Tract Map 30658-1 is a 63-lot single-family subdivision on 11.22 acres, and Final Tract Map 30658 is a 22-lot single-family subdivision on 4.46 acres, located south of Commonwealth Avenue west of Arroyo Viejo in Rancho San Jacinto. The improvement plans associated to this subdivision have been approved and construction of infrastructure in under way. Adequate bonds, including landscaping have been provided to ensure installation of the required improvements. JUSTIFICATION Final Tract Maps 30658 and 30658-1 have substantially complied with the requirements of the Subdivision Map Act and the City of San Jacinto Subdivision Ordinance. Appropriate securities to complete the offsite improvements have been posted with the City and are part of the subdivision agreement. BUDGETARY IMPACT All consulting fees associated with the review of final map and improvement plans has been paid in full by developer. Appro a City Manager: Finance Director: Page 1 of 2 ATTACHMENTS: 1. Final Map 30658 Page 2 of 2 OWNER'S STATEMENT RE I/FT/WOE SNAIL THAT WE ARE TILE OMENS OF DIE LAND INCLUDED (TORN THE SUDONSION MOAN HEREON; THAT WI ARE WE ENF PE05ON5 WHOSE CONSENT IS NECESSARY TO PASS A CLEAR RILE TO SAD LINE THAT RE CONSENT TO THE PA/PUG AND RECORDING Cr TINS .SUBOIHEE MAP AS DARNS 'BMW THE OSTWCRW BORDER LINE RE HEAEDY ROGUE TO LICE CITY OF .SIN RACINEO FOR PUBLIC STREET AND PIVJLIC DOVE Er PURPOSES. LO) 'A' (6111OWNING COURT) AM) (DI 'D' (STELES AVENUE) AS A ENTERER OF NEGATION OF LW fl ENE AVWNUE) SIR OMENS :F LOTS 5 AND 6 A L!MG TIPS PEW STET, ALL AS SHOWN ON THIS MAP. RITIIIN BPS SUR/DTEE CN! AND W" MG SUCF L IT ME R¢LL HAVE NO RIGHTS OF ACCESS, EXCEPT DIE G FERAL EASEMENT OF TRAWL AND ANY "HN NX ETE ALIGNMENT ON IRDD: THAT RER LTS M TIr VAC(((Al RENEGE SHALL TERMNAIL 115S OEEIL'A S/LW AS TO THS PANT RAGA TEE Kt ALSO HEREBY DEDICATE TO Tor C'Y OF SAN .0ENID LOT 'F" FOR EDT IC .SERER PURPOSES. Wf ALSO TICkERY DEDICATE TO THE CITY OF SAN RACINTO 1HC 4' WOE "METE CETERA: Li TEE EASEMENTS" SHORN HEREON VWEMN LOTS I ISROIOI 22 INCLUSIVE AND LOTS 'C; D' AND 'L' FOR GENERAL IITILDY PURPOSES ME Al SO NERDY DFOCA IF TO ME CID' OF SAN ,00INTO ON t1ENAf CT RIVERSIDE COWIIY FLOUR CONTROL AND WATER CONSERVA RUN DISTRICT (OIS 'C' AND 'D' FOR FLOW CONTROL AND MAINTENANCE PURPOSES DES TERN PACIFIC HOUSED �IE11 /C.., OEIAnAR�ONW�' N,MP'"1LT Is 4114 LW Witt NAME, 'I' R5.E V_Pi_Piv-ifre t IT/LW TRUSTEE CITE AMERICAN RILE INSURANCE COMPANY, A CAUFDIAIN CORPt1RA TICE TRUSTEE LOUDER DEED OF TRUST RECORDED AN Y 2, DOu AS NSMUAIENT 2003-. 4724251 OR. /O,ME' '59 L1 e(AN R1'. /12 MARE: (IU F, �r".E. liA/5 THEE- / L`:a/ St'C- SIGNATURE OMISSIONS P<RS: ENNT TO SECTION 604J6 OF OE SUNLNWFWI MAP ACT DIE SIGNATURES OF NIT MEWING LONERS OF EASEMENTS AND/OR OMFR INTERESTS TIME BEEN OMITTED: CAS EPA MUMCYPAL (WATER 0ISEMT, HExDCR O' AN EASEMENT RECORDED JANUARY J1, IOC) FEN ES TRYIMENT N0, .T0I52 ElY Of FICIAL RECORDS SOUR RCRN CACIFOINIA EDISO4, NEVER OF AN EASEMENT RELYFRCED A000ST SC I992 PLR VSPRIMO T (IO, 92-J20252 OF ORTTOAL RECORDS IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIF TRACT . 3 BEING A SUDLNWSILN OF A PORTION OF LOT 2 Of' TRACT NO 2E7E3 RECORDED IN NOOK 239 GE MAPS, AT PAGES SO IIIRUIOOI RECORDS CF MVENEDE COUNTY, CAL/FDRNTA. ALSO BE'Df0 A PORTION Ms RANCHO SAN JALOPIES (04010 AP 5 SPEIRI, RA.NCE I PROPERLESION CONSUL FAN TS JUNE 2002 NOTARY ACKNOWLEDGEMENT STAVC W CALM EDNA as CININTY CfjEs?i'4P ) V77 MORE MI, DIE UYDFR,A;IFO, A NOTARY PEIFLIC fN ANO EMT( PIE STATE CI CALIFCWNIA, PERSONALLY APPEARED . PERSONAL) Y R(50446 TO ME (DEL PROVED TO IRE ON THE LEE., OF SA N,FACIORY EY/EIRMI 10 BE DIE PERSON(S) WHOSE NAVE(S) IS/ARE SUBSCRIBED IC RYE IRR/M INSTRUMENT APO ACE ORt£Uf,F'1 TO AM THPT IIE^J E/RIFY Et EJTD IT SAME IN ES/HER/THEIR AUIN0VHZEB CSPACJTYOES), AND TWAT BY MS/HER/ LNEIA SENATURE(5) ON THE INS;RUMEN r NNE PERSON'S), OR RE ENTIY UPON DEIIALE OF NI RCN PM PERSONS) ACTED, EXECUTED RIE INSIRUA'EN1: 51 /NESS MY HAND ,I;6 yA t ` A'/t/Y:7 NE PRINCIPAL PLACE OF MOSSES (� t CIXINTY :WARY tIBl1C ,N ANC TOR SAID STA T� IS 9AI ASSESS N A� . ,f2A P / IED'%- NAME) MY "LOMlSSION OEMs,._ /. AT ITV j NOTARY ACKNOWLEDGEMENT STATE OF CAL' IFO/NIA )ss CLIONII' CA NSA RAFT.) ON (act E3 1.6C 5 DE ORE M , RE LWDERSTGEC, A ROTARY PUBLIC IN AND FOR /AL SEA IE CV CALEDONIA, PERSONALLY APPEANCli 'IPAI FDSPRTl T MFIA(SE ' AIL-LS , PERSONALLY EWDNN TO ME (LLN-ANNVEB-T 11 F OP PIE WGS Cf SA RSFACYg/Y WJEliCE$ TO FIE RIE PERSON(S) RAIL/I NAME(5) X'/ARE SUBSCRIBED TO DIE IMPALE SNSTRWENT AND ACKNGLRCOCED TIT ME TWAT NE5`SNE/PIEF EXECUTED THE SAME IN 0/5)/)�IEA/THEM AUDICR'I:ED CAPACITY(IES) AND TNAI r BY DISASUX/1715 9GNANRE(S) LW THE INSTRUMENT DIE PERSON(S), OR PE ENTITY UPON WHAT Or WENCH PE PERSOR(5) ACTED, EXECUTED RYE ORSIRUMEUC MENESS MY NAND / NARY P.-UREIC N ARMED MY PRMGPAL PLACE OF BL/SNESS IS M 1-yV RIF(DE COUNTY ME CLAIM155XCN £xrwEs(2J30/a5 NOTICE OF DRAINAGE FEES NOTE/ IS HERESY COVEN, TIEA T BE PROPERTY 15 LOOMED IN THE SAN ,ACINTO RECI[NAL AREA DRAPE CI PI AN RH14ri WAS AMP /ED BY THE BOARD Cf SUPERVISORS W INC COUNTY OF RIIERSIDE PURSUANT TU SECTION IO2S Of LHNONA/:CE A60 AND SECTION 66461 EL SEM. ST DIE GOVERNMENT CODE AND MAT SAID PROPERTY P3 SUBJECT TO TEES FOR SAID DRAINAGE AREA. NOTICE I5 FURRIER PEN MAT, PURSUANT TO SEC ROW I0.25 OF CRD{NANCF 460, NAIVETE OF ME OTTANASF FEES SNAIL. BE PATO R) TIE TRIERSIOE COUNTY 11000 COINER AND WATER LLW9.R VATIDN DWSIRICT AT THE LIME Ur ISSUANCE O A GRADING ON DUALNC PERMIT FOR SAD PARCELS, RH ICIEVER OCCURS .MST, AND MAT TIE OMER OF EACH PARCEL. AD THE RYE OF ISSUANCE OF HOER A GRADING TERDTNO PERMIT, :DULL PAY IRE FEE REVERED AT ME R AT THE RAE OF /SSUARKY OF ME AERIAL PERMIT .... SOILS REPORT 22 A PRELMINARY STNLS RESORT WAS PREPARED ON MARCH TA, 19B8 AS REDUIRED BY DE NEAT NI AND SAFETY CCOE (IF CALIFORNIA, SECTION 17953 BY ENENTON AND AS`IUOAtES, INCORPORATED. A OEOTE:IRMCAL UPDATE RIP) R I WAS PREPARED ON MOVER T, 2002 DY .C4YN R. BYERLE, INCORPORATED. TAX COLLECTOR$ CERTIETC4IE I HEREBY GEM OFY THAT ACCORDING TO DAY RECORDS OF TES ENS LA TE, (ERE ARE NO LENS AGAINST TILE PROPERTY SHORN ON MAP EV WAD SPIRE COUNTY, MMVtCPA(, OR LOCAL TAKES OR SPECIAL ASSESSMENTS COLLECTED AS AXES, EXCEPT TAKES OR SPECIAL ASSES5JATN CO I ICED AS TAXES NOW A LIEN BUT NOT SET PAYABLE, MACH ARE ESTIMATED TO BE $ DATED 2E1 PACE AILEX3511ELL, EWNIY TAX BOND CERTIFICATE L NERERY CERTIFY RAT A DONE IN 111E S)M CW $ HAS BEEN EXECUTED Ati0 FILED NIM RIE DOTED OF SIMERVISO?S OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONODCWED UPON THE PAYMENT OF AtL TAXES STAID COUNTY, MUNOCWAL, DR LOCAL .AND ALL SPECIAL ASSESSMENTS MULCTED A5 TAXES MISTI A T Mt TIME OF FILING CC MS RAP NMI IRE COUNTY RECORDER AREA LIEN AGAINST SAID PROPERTY BUT NOT LET PAYABLE AND SAN) BOND HAS BEEN DULY APPRDVED BY SAD BOARD OF SILPFRSTSL:RS. DATED CASH TAX BOND PANE MCBU'(NELL COUNTY TAX COLLECTOR BY: UEPUIY CARY L. LVMSO ((ERR OF ME DOTARD or SUPERVISORS PLANNING COMMISSION STATEMENT TIPS MAP, 'RAC/ NO, .DENS IS A PORTION OETHE ORIGINAL DATA ITV: MAP E- TRACT .NO, SEE SAID TENTATIVE MAP WAS APPROVED BY THE CITY OF SAN JACINTO PI ANNMI' C(MIMISSEAV N ACCORDANCE W,M ME TAW IN A DULY AURNIRIZED MEERNO "an 2005. FITI" OF SAN JAC6110, CALIFORNIA SECRETARY, CITY OF SAN! ,LACINTO ISANT THIS OAYOF PUBLIC WORKS DIRECTOR'S APPROVAL N£ STRESS DEDICATORS SHORN ON RE N1RAY ANNEXED MAP AHE I OF S1N PACETD Cr AN CONSULTING ENGINEERS RECORDERS STATEMENT BOOK _ _TOE MAPS, A T PACES IRE TESTY CLERK,, CITY OF SAN JACINTO. Co? L ORE) COUNTY ASSESSOR -CIE RX-REL, Ai ` J AT SOIL REQUEST i2S7ON ISIARANREr FIRST AN ((TIE 1NSIMANCE CO SURVEYOR'S STATEMENT I HEREIN STATE. THAT T AM LICENSOR (AND SMILE MR OF ME STATE OF CALIFORNIA AND THAT TT PS NAP GENE'SEE OF T5MEE (3) BHEE15 CORRECT( Y REPRESENTS A SURVEY MADE. LIMNER ME SUPERNS'CW MAYS APR). OF 2P92; RIAT ALL MONUMENTS SHORN NEWER ACTUALLY EXIST AND MDR PCSIDONS ARE Ori'REC ILY SHORN OR MS BE IN ACCORDANCE 1111H DIE TERMS OF RE MONUMENT AGREEMENT' FON MI5' MAP RE MONUMENTS IE I PF .GOFIGENT TO ENABLE. RiE SURVEY TO BE RETRACE(. ROE SUL W Y IS TEYIE AND (PHONIC AS STEM SEGE IRORST L.S 7R8 EXPIRES 12/J(/2003 CITY ENGINEER'S STATEMENT 1 )SO/FBY STALE MAT I HAVE SNOWED TIC NTNM ANNEXED MAP THAT NNE 5?/IXYN5ION WORN HEREON IS SUBSTA42TAIILY. ME SAME. AS IT APPEARED ON RE.IEH TARE. AMP; MAT THE PROWMWS. LW RE SIASOWREN MAP ACT: AND LIP THE SAN JACWIO ORDINANCE NO 675 (LAVE (SEEN CVMPI1V MINI AND WIT 1 Ill SA T/S ITE D THAT FT/S MAPIS IC�GINTCALLY CORRECT AS SIINON. DAIEO RI6�K7jbl Y Lf' OCyLp)S:gUS VF SAN IAGNI0 'O 14 EXPRSARgN /! ITV ACCEPTANCE STATEMENT ME.OTY CA SAN J,ICTSITS (DUNTT CC RIWRSNE; STATE. OF CAiOF00NA,: DY:.. 'AND TNtIX/W I ITS DUST AU RIONZED OFACERS II APPRDV'S S/U) MAP AVU ACCEPTS DIE (kOCA RUNS SHORN TOP EON FOR PUBLIC ROADS, FY/BfIC.SEN&R PURPOSES' AND PJDI.IC GENERAL. DEITY PIIRPOEES:ANC NE IREJNWISTIMTNT OF AMUSES RICHES- ME. ACCEPTANCE OF THE: OFFER OP .: DEDICATION O. CITY STREETS IS CONTINGENT UPON TIE. COMPLETION OF ALE STREET IMPROVEMENTS II ID OER Or.DEWCA NOV TOR URANAGE AND MAINTENANCE PCRPOSES', SW INMALE. OF RIE. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CCNSFRVATtOJ DISTRCT IS HEREBY ACCEPTED SIM.CCT TO CONSTRUC7ICVV ANC ACCORDANCE' : OF. RE IA(PROVEVEY/ TS IN ACCORDANCE IT( RI IS/F EVERSON' COUNTY FLOW CON IRO. AND WATER CONSERVATION M"MCP STANDARDS fA €EU RUS:.:.:.._ DAY CI "D➢J MAHYW.`. CITY DS _AN JA(:INYU A CT SY CUE/YE CITY LVT SAN JAFJNTO VICINITY MAP LEGEND • INDICATES FOUND RR SPIKE W/PUNCN STAMPED 'RIM. Ca SURY.' AS 9101IN DV TRACT NO 23963 NB 239/10-22 UNLESS 0D1L71NSE NOTED. A INMCA TES FOND CITY OF SAN DAM470 STREET SURVEY MONUMENT AS SHOWN ON TRACT Na 23961 MB 239/10-22 UNLESS °DE MIEE NOTED. INDICATES FOUND PK NAIL IN LIEU TY OF SAN ® STREET SURVEY MONUMENT PER TRAACC pNO. 23994 R2Y1D 239/10-22 UNLESS ODIERIE& NOTED p. INDICATES M560919N75 SET PER TRACT Na 3055E-1 MB UNLESS OBNRIBSE NOTED. r, INMATES MILL SET I' ICON PIPE WIN FLACKS PLUG STAMPED 7S TIT9' AT CENTERLINE INTERSECTIONS O TMMCAIES WLL SET 1'IRON PIPE NMI PLASTIC PUG STAMPED 2S Mr AT SUBDIVISION 0001/L RY CORNERS INDICATES RECORD DATA PER TRACT NO 23963 MB 293/10-22 UNLESS ORfERMISE NOTED ®® MMCATES SUBDIVISION BOUNDARY /F// INDICATES RESTRICTED ACCESS RRAUS SHOWN f1EREON EASEMENT NOTES O INLNCAIES AN EA7S1MG EASEMENT M FAVOR OF EASTERN MWkOPAL WATER DISTRICT REC. f/31/89 AS INST. NO 30152 OR. 2 INDICATES A 4' MOE 'PUBLIC GENERAL UTILITY EASEMENT' DEDICATED TO THE 77Y OF SAN 34CINTO MOON. © INDICATES AN if MICE EASEMENT IN FAVOR OF SOUTTI NN CALIFORNIA EDISON COMPANY PER DOG PEE 08/26/92 AS F.N 92-320252. IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT 30658 NO. SONG A 9U&MN90K' OF A PORNO( OF LOT 2 OF TRACT N0. 23983 RECORDED M RICH( 239 OF MAPS AT PACES 10 DMII 4 22 MLISSVE RECORDS OF RIVERSIDE COUNTY. CAUF1't9NA ALSO LOINO A POMPON OF RANCND SAN .UCINTO, TOKNSU'P 5 SO/RC RANGE I BLEST. SB.M. TRACT NO, 23063--1 M.B. 207/22-26 V 67332' (07334) PROJECIDESIGN CONSULTANTS ,UNE 2002 PROCEDURE OF SURVEY TRACT NO, 24047-1 M.B. 220/1-8 4 13 12 (315600),J 3149.92 10 e ▪ 7 TRACT NO, 2404B. M.B. 217/10-14 L SHEET 2 OF 3 N BASIS OF BEARING F RI15 MAP ARf BASED ON 0175 01115FlYfE OF AVJAN 900Wk ON TRACT NO 2fi63 RED IN BCd5 293 MAPS M ]Nf NO/CE O' BlE CMINTY RECVR0.R fF SURVEYOR'S NOTES I.) PrMS TRACT CONTAINS 22 LOTS PET 2) TINS TRACT CONTAINS 4.46 AC . ER 3) AIL' LOT moors ENCEPT AS DES MMBI A 1' IRON PIPE M DI HAS KC FMISft. LED TB' SET NET OF DEDICATED STREET RIGHT-OF-WAY 7ED BY.A DISC STAMPED IS 717E1 SET ALONG A SEE LOT LINES M PIE 70P OF CURB, M LIEU S WERE APPf CABLE Bay OF MDICA7ED STREET RIGHTEF--MAY MIL TES! BY A MSC STAMPED is We; SET ALONG ME R. TOP OF CORD. AS 'SET' SHALL BE IN A TAlION Ad7EEMINT FOR MIS MAP. U 0 O''_Jng Fn.3 CURIE carp RADIUS LENGTH CI 3271'19 4900' S2R7' C2 6256'34' 0. 90" 5259' C3 595322. 4900' 5017' C4 473250' 4800' 39.80" C5 0918'24' 470.00' 76.34' CO 0455233" 47555 40.95' C7 IOZS'21" 10008 1813' CA T449'49 69.00' 15.55 CO 315221' 6000' 1338' C10 35719'18" Wm'S6B7" Cif 7839'22' 6907" .5901' C12 102520' 100. JAIL_ C73 ,3t70'49" 4BL0" .780' C14 6204"34' 4800' S25P.._ 075 5125'715' 4800" 51.47' C16 2431k3' 4600' 2222' 077 273547' 100.01 3769' C16 06113'43' 100,00" 74.07' 079 293930' 100.00' 51.76' C20 152752' 700.80' 2555' C21 7397'38' 10009' 2291' G22 293830' IOOOO' 51.76' C23 6944'79' 5400' 94,50' 024 01'4625' 27772' 651' C25 25,44"46' 40900' 20.57 \ // L \ T§' \ / LENGTH LI 1.2 fR) 1.1 L4 L5 L6 N49S1'34'E N422579'W hW3525"E N4506'if'W N45'04'.35"W 734' 2216' 26"56" 21.21' 26.8B' 14.7Y 1.7 111 L9 L10 Ln LT21R) N4455.49T N69549Z N89S,549'E N4857'3CE N4455V919 NJ256'OYW 43� 21.21' 702' 7.0' 7.47' 38,2' ram" BY RUN STREET LOT G. IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LOT 14 TRACT NO, 23963 ML;3. 239/10-22 msvnvOn2252SMPPS.,I-0650 rnzas52-20 B / LOT E 1200' TRACT NO. 30658 BEWG A 5b'NGO95.1 OF A PORTION OF LOT 2 OF TRACT NO. 27967 REC0WOE0 U! BOCK 239 OF NAPS AT PAGES 10 THROUGH 22 MU$,'9C RELVN05 CO' RAER90E COUN7I; CAIIFMHNA ALSO BONG A PORTION CB' RAN0 0 SAN JACINTO, MANS*? 5 50091, RAND i NEST. SBA PROECTOESIGN CONSULTANTS JUNE 2102 LOT -13 TRACT NO, 23863 N1.B, 230/1D- 2,----< . OD Y uf,\ „— 4F�v a ff Kw 101.11 N009300 179.2s LOT'A2 70 e N 10¢99 i53752\ j 1.BROWNIN COURT A.107 o�`t B� STRffl i 111NI5 ,5 LB 43. FL'9I7" 09 LOT 1 'B' 22r g tt**a1l i- M 6 r4 7 c RA m3 y _-‹elurp 26500 h000877 W 55000 DEfAtl. 'A ARROYO VIEJO DRIVE LOT 3 TRACT NO, 23053 KB, 239/10-22 SHEET 3 OF 3 z— SCALE 1' = 40' TRACT NO, 24047.1 N1.B. 22D/1-6 TRACT NO, 240/. NI.R, 217/ 10-14 OWNER'S STATEMENT ITT HEREBY STATE MT ME ARE DIE ONNE15 OF ME LAND INCLCDEO MINN RTC SES//TN94N MOM HEREON: MAP ME ARE RIB ONLY PERSONS MOSS CONSENT IS NECESSARY TO PASS A CLEAR PRE TO SAID LAND.' INAT ME CL WSENT TO THE MAKING AND RECTRDTIO (X RIM SUDU1TROV MAP AS SHOO! 14I1//Y1 THE EL//INC//`c BORDER LINE RE MIME OFDICAIF TO ME CITY OF SAN JACINTO FOR PUBLIC STREET AND RAMC IT MITE PURPOSES; LOT 'A' (TM WMOU.NC STREET), LOT (MELVLLE S/FEET), LOT 'C' (TFNNYSUV STREET) AND TOT 'D' MINOR sErtErC AS A COMPRO N OF OEDHBLOV Cr LOT it (MEER/CE STREET) ARM LOT E' (TNNISON STREET) THE TIMERS Or LOTS IS 19, 39, 40 SE 51 AND SO ADORING NESE PORK 5/RE E'S ALL AS SHORN ON THIS MAP. MERIN MIS SU1ECI11SIC00 AND LOURING SUCH TIME WILL HA YE NO EIGHTS OF ACCESS. ERUPT 01E CFN€RAI. EASEMENT OF TRAAEL AND ANY CHANGE OF A.INMCNT OP MOM (HAT MOLTS iN (I/O VACATION IHERECT SHALL ITRMNATE RATS DEDICATION AS RI RE PART VACATED. MT' ALSO HEREBY DEDICATE TO BE CITY Of SAN JACINTO INC 4' RIDE TUMID LDNERAL IIRL.ET EASEMENTS MORN NERCCN WIBMH! LOTS I R'RMICH 5.1 INCI USItI AND LOTS } ANY) G, FOUR GENERAL UDUTY PURPOSES. KT ALSO HEREBY DEDICATE M RE CITY Of SAN JACINTO ON BEHALF GE RITEITS,OE COUNTY FLOM CONTROL AND WATER CONSERVATION DISTRICT 1015 '✓" AND TO, FOR ROOD CONTROL AND MAINIENANCL PIITPUSES TITS ITN PAC/ -SC H5,5/IS IRE, d ALAWARE CCRPCNHATCW' Nu,EL$ri s Chain bar{TA TILE VPf *TL PP4 S• TRUSTEE )III I AMEI(ICM1 RILE INSET CD COMPARE A CAIJENNTA CORPORATION THUS E UNDER DE'9 OF IRUST RECORDED JUL Y 2, 2001.1 AS INSTRUMENT W 0974251 OR BY I.'^EP.PL�- N SINE )'4 m ty„1,.�t3 NAME T i'frr /1.1/4 PO EULE /, * I -sP.C: SIGNATURE OMISSIONS PURSUANT TO SECROV 664.16 OF TM SNNDIVASNMI MAP ACT, TIE WIND TYRES OF THE FO0OMNC OWNERS OF EASEMENTS AIW/ 4 OTTER INTERESTS HAVE TEEN OMHIFD: EASTERN MUNICIPAL WATER DISTRICT TARTER OF AN EASEMENT MONIED JANUARY 31, 1985 PER IREIBITTENT NO. 50152 CT OFFICIAL .RECORDS IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CAL[ TRACT . - J BEING A SU80TVI51ON Of A PORTION TIE LOT 2 Cl' TRACT NO, 23333 RECU/UED IN BUCK. 23O Li' MAS . AT PACES ID THROMBI 22 INCLOSE RECORDS GE ROSE OD( CCAINTY, CALIFORNIA ALSO BEING A PORTION OF RANCHO .SAN JACINTO, TOWNSHIP 5 SIVIM, RANGE I WEST SDI). PROJECT TDCSION CONSULTANTS NOTARY ACKNOWLEDGEMENT STATE OF CALITGRNIA As. COON, BF, MMEAT,. ) Al rOD ( SMELL Of BEAD N�N�E,�P�E�PS ARSE APPEARED TINY PUBLIC /�75 llf»lk eA ` ii ' t . PERSONALE Y KNOWN TO ME (303FNYd0E. A/R `t-'anr-3PFE14.93NCE) TO OE THE PERSONS) MIOSE NAM'O° IS/ARE SUBSCRIBED TO ME MINN INSTRUMENT AND ACKNOWLEDGED TO ME RIAT /(/OAEATTIEY EXECUTED THE SAME IN IMS/TTER/THEIR AMMETER CAAACATY(I,`F_), AND THAT RE IITO/I K/I/JjO(/A iOLNA DROP ON DE INSTRUMENT TSP PERSONS), OR RIE ENT UP(W BEHALF OF M0/34 IHE PENSCN'(,YI' ACTED. EXECUTED THE INSTRUMENT. / M INESS MY HAND J / S �j -y AND iORr MY FAINCPA! PLACE OF QU0INFTE NCi .4Y PUBLIC Mi AVD FOR GID STATE IS AY C CUUNTY. TIE COMORSO I EN 0HE 54L,,D.2/H1 PR ED NACU F NOTARY ACKNOWLEDGEMENT STATE OF CAIMODNIA }us COUNTY CFI ' lERSl () ONS51AA TARS): DEFO/E ME, ME UNDERSIGNED, A NOTARY PUBLIC IN AND FOR ME TSTATE CP CALIFORNIA. PERSONAL( APPEASED" '1DM PO-N'13 L*it/ilE/E Ifl4,-S PERSONALLY KNOWN IO ME {OR-IO1OTED-R "' Sr SA-TISFAOTO Y-NIOENCf} TO DE THE PERSON(S) MHOSE NAM£(S)35/ARE SUBSCRIBER TO ME FED13 INSTRUMENT AND ACKNOWLEDGE() TO ME TIME 0E/SIti/MEY EXECUTED THE SAME IN 1/S/t6`R/RTEIR ABRIONT'CD CAIAL/ T(IE AND THAT BY (NS/FIFE/)+HEIR BONA TIME(S) ON THE INSTRUMENT THE PEWS/V(S), O4 TIME ENTITY U ON BEHALF OF RHTCN PIE PERSONS) ACTT, FLECNTED RIE INSTRUM£NT. WITNESS rP {I ND �"A7/ NOTARY PU✓,HJC ((I ANTI)) FCR SAID STATE PINTO NAME K/ MY PN TI PAL.PLACE//CY SS BUSYNE I IN _ga/tM-/(1)EE- COON TY MY CDMAH6SION EXPIRES nlIMIT) c NOTICE OF DRAINAGE FEES, NORM IS HERESY GHYEN, MAT THIS PROPERTY IS LOCATED IN THE SAN .ACNTO REGIONAL AREA URMNALE" PLAN MACH WAS ADOPTED BY DIE BOARD LT SUPERVISORS OF THE COUNTY OF Rw01l5IOE PURAIWT TO SECTION 025 W ROWANS£ A60 AND SECTION ESKA° ET SLID, CY TIE GOVERNMENT CODE AND RIAI SAID PROPERTY IS SUBJECT TO FEEDS FOR SAID DRAINAGE AREA. NORCO IS FURRIER OVEN RAT, PURSUANT TO SECTION I1125 CO` ORDNANCE 4$C, PARENT LE IHE DRAINAGE FEES SHALL BE PAID TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER C.NI5:'R PA SON DISTRICT AT THE TIME Or ISSUANCE OF A CRATING OR LANUAN'G PERMIT FOil SAME PARCELS RATIO EVEN OCCURS FIRST, AND THAT ME OIINER OF EACH PARCEL, AT TIE IBM OF IIMMANC OF EMIR( A TRADING 0R 0/ISDAN: PERMIT SI/ALE PAY ME FEE WOMB AT TILE RATE IN EFFECT AT 1HE TIME Or ISSUANCE Cr RPM ACTUAL PERMN. SOILS REPORT A PREUMI AR/ SEAS REJ'ORI WAS PREPARED (Ni MARCH N, 1058 AS RED/RN BY THE HMI Ii) AND SAFETY CODE OF CALFORNIA, SECTION 1/933 BY LEIGHTCN AND ASSOCIATES iNCGRPORA TED. A GEOTRYINi/4L I.PDA R" REPORT WAS I'ALPANEO ON OCIDTER T, 21XT2 BY .%CYIN R. BYERLY. INCOkri(RA LED. )YEA TAX COLLECTOR'S CERTIFICATE I HEREBY CENIIFY TEAT ACCORDING TO ME RECORDS OF THIS OTFICF, AS OF EMS DATE THERE ARE NO HE/NO AGAINST SIC PROPERTY SHORN ON DIE YAM MAP TCR ENPAD STATE, COL:VTY MNHTC/PAL N LOCAL TAXES OR SFECIAI. ASSESSMENT COLLECTED AS TAXES EXCEPT FAXES OR SPECIAL. ASSESSMENTS COLLECIC,II AS FAXES NOW 5 THEN BIM NOT YET PAYATI E, M ICTI ARE ESTIMATCO TO DE F MATED_ .2003. PAUL MCDLWRMELL, C'L DENUEE TAX BOND CERTIFICATE I HEREBY TREED TEAT A POWO IN THE IA OF $ HAS BEEN EXECUTED ANO EELS MTT THE BOARD CV SUPERVISORS OF RR' COWRY (X RADFIRJE, CALIFORNIA CONDITIONED UPON ME PAYMENT OF All. TARES, STATE, COUNTY MUNIOTPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TALES, MAN AT THE TIME C'F RUNG OF DAS MAP non THE CRINDY RECORDER AREA LIEN AGAINST SAID PROPERTY PITT NOT YET PAYABLE AIR SAID BOND IIAS BEEN DULY APPROVED DY SAID .BOARS OF ,SUPERVISORS. TAX LALECT/ BATED CASH TAX BOND PAUL MCUONNELL COUNTY TAX CC/LECTOR GARYL WESO CLERK CF TIE BOARD Cl' SUP£RWSOPS DEPUTY DEPUTY PLANNING COMMISSION STATEMENT TITS MAP, TRACT NP. 39658. TO A PEW TWN OFTHE 0R/1/1NAl. TENTATIVE MAP OF TRACI NCI 305OD, SAID TENTATIVE MAP WAS APPROVED BY ME CITY OF SAN JACINTO FLANWANC CLMMILSLTIN IN ACCORDANCE Mil ME TAW IN A. DULY AITRIORIZED MEETING HELD _.._...___:._-.� OUCH SIN JACINTO, CALIFORNIA .___ SEpTETAdY, CNY OF SOFA' GIClNID P[ANNiNC CG DATED MIS _ DAY OF PUBLIC WORKS DIRECWUR'S:APPROVAL ME STREET DEDICATIONS SHOWN ON M APPROVED MIS_DAY iX - PUBLIC S DIRECTOR Oh' PF SAN NNEMAP SHEET" I OE RECOR/FR S STATEMENT TIED TI/U DAY OF 2000 AT AL.9F ft0(M Or MAPS, AT PAGES - AT THE NFOVEST 1/N TEE CITY CLERK. CITE OF SAN JACINTO NO. TEE CARP L. LV SO COUNTY ASSESSOR-LS K-SFCOORDER SIJBDIWSION CUARAN FIRST AMERMAN S SURVEYOR'S STATEMENT HOWDY STATE PM I All LICENSED LAND SURVEYOR EDP DIE FORMA: AND THAT RYS MAP CONSISTING CT FIVE. (5) SNEEIS I' T'REENTS A STRICT' MADE LNDER MT SUPERVISION 0011/NC APR:. Cr 2IN02; THAT ALL MONUMENTS SHOWN HERON ACTUALLY EXIST AND MOP POSITIONS ARE. CORRECTLY SHOWN FAT. FELL BE IN ACCENTANCE MM TFN TERMS OF RE MORMMENT ALREEMENF PEER THE MAP RIE MONUMENTS WILE BE _ATFTICIENT. 10 ENABLE THE. SURVEY IC BE RETRACED RIE SURVEY IS TRUE AND COMPLETE AS SHORED CAT /CIS SCOIT HINTS) DATED 71211 EXPIRES 12/TI/21139 CITY ENGINEER'S STATEMENT I HEREBY STATE DIAT I HAVE FXAM/NED THE MRHTN ANNEXED MAP; THAT ITP' SIIXFNSTAJ. SHORN TKREON 5/ SUDS TANTMLLr RTL SAME AS IT APPEARED ON VIE TENTATIVE MAP: THAT AUL THE PROVISIONS CM'. THIS SIIBMIISTTTI MAP ACT ANL) OF (HE SAT! JACK/TO ORDNANCE NO.673 NAVE SEEN COMPLIED MITT AND MAE I AM SATISFI{E/T THAT TINS AP IS IEGIMCALLY CORRECT AS SHIMS CA T:J fHK 7' DAY OE S) 411 2003 ACCEPTANCE STATEMENT (II CYEY Or CAN JACNRO, COUNTY CAT NIIERSIDE STATE.A' CAIX'DFNIA, RY AND ITIVOUPHI ITS DULY. AUTHORIZED CITROENS NEWRY APPROVES SAID FINAL MAP. AND. ACCEPTS THE A'LNCA PONS SHORN IIENDON TOR MASUD ROADS AND GENERAL: OIHfNE PURPOSES ANO THE. RELM/UESHMENT ABUTTER'S WIT ME ACCEPTANCE OF THE : OFFER (k DEE'CA DON. OE OffTi TS IS C;'THRNOENT: Ill/LAO ME COMPLETION OF ALE. STREET IMPROVEMENTS.::. ME OREN OF DEDICATION PULL DRAINAGE: MD MA'NTENANCE PURPOSES. ON REIIALR OF. THE RIVERSIDE: COUNTY FLOOD CEY!TRCY AND WATER L'ONSENJAX N DISTRICT IS ITEDEBY ACCEPTED SUBJECT. IO CONSTRUCTION AND ACCEPTANCE EDY (Y: THE IMPROVEMENTS IN AL'CM40ANCE. RIM DIE: RIVERSIDE. COUNTY FLTxp CONTROL: AND WADER CONSERVATION DISTRICT STANDARDS OR OF .SPAN JACN/T0 z MMERMAN CONRULT Nli ENGINE NA.N JACINTO PARK VICINITY MAP ICE C 5.1, LEGEND e INDICATES FOUND RR SPIKE W/PUNCH STAMPED 'R/V. CO. .SURY.' AS SHORN ON TRACT NO 23963 MR 139/10-22 UNLESS OMEMMSE NOTED. ♦ INDICATE' FOUND CITY OF SAN JACINTO STREET SURVEY MONUMENT AS VOW ON TRACT NO. 23963, MB 239/10-22 UNLESS ONERNISE NOTED. ® ?NVCATES FOUND PH NAL 111 LKU OF CITY O' S I JACINRU S)ItLI S1h4417 MONUMENT PER TRACT NA 23963, MB 219/10-22 UNLESS ORSRIMSE NOTE). n INDICATES NNL SET t' IRON PPE IMTH PLASTIC PLUG STAMPED i.S 7128' AT CENTERLINE INTERSECTIONS Q INWARD IMIL SET T' h//DY PPE HRH PLASTIC PLUG STAMPED IS. 717B' AT SEBCINSICN BOUNDARY CORNERS INA'CAIES RECORD DATA PER TRACT Na 2396$ MR 29S/10-22 UNLESS 01hDRMISE NOTED. INDICATES SHEET ,NUMBER (rNDEX SHEET ONLY) — — INDICATES SIEET LIMITS (MU SHEET ONLY) ® INMATES 5J80M1i5ION BOUNDARY //// INDICATES RESTRICTED ACCESS RIGHTS SHORN HEREON 2i EASEMENT NOTES C) INDICATES AN EMSTMC EASEMENT IN FAVOR Of EASIEON MORCEPAL Wa IEB 125W/Cr REC. 1/31/09 AS MIST. NO 30152 OR. Q MISDATES A 4 POE "PUBIC GENERA. UTILITY EASEMENT' DEDICATED TO 101E WY OF SAN JACINTO HEREON. e106seace.I, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALLIFORNL4 TRACT NO. 30658-1 BEING A SUBDIVISION OF A PORTION O LOT 2 CF TRACT NO. 2.590 RECORDED IN BOCK 238 OF MAPS AT PACES TO DROWN Z2 NM10S5[ TWINS 0" INVERSE COUNTY, CALIFORNIA ALSO BEING A FORTIES OF RANCID SAN JACMIA MR/SW 5 SOUTH, RANCE 1 MESS S.B.M. PROJECTOESIGN CONSULTANTS .1/NE 2002 PROCEDURE OF SURVEY AND INDEX SHEET TRACT NO. 23063-1 M,R, 207/22-2S 6TJJ2 (67J34) E TRACT ND. 24047-1 M.B. 220/1-N 1026.6E TRACT N2 2404E M.6, 217/1C-14 (J150009) l AVENUE J149.92' LISIMP ' (1400..009 V SHEET 2 OF 5 BASIS OF BEARING 111E BEARWCS OF TUNS MAP ARE BASF ON DIE CENTERLINE COM ON11£ALik METRE 51104N CN TRACT N0. 2396J RED IN BOCK 293 PACES t0-22 OF MAPS 64 TINE (XRCE UN THE MINTY RECORDER UN R0ERSDE CALM-ORNA, BONO BNBCT44'E: SURVEYOR'S NOTES CT C/N TAWS 63 LOTS PLUS LOTS A' TRACT CONTAINS t1.22 AC GRO54 LOT LCRKRS EADPE AS 06TRIDID (PIAW plfL TH A I' MCW PPE WIN PLASTIC PLUG SF AWFD 1.S LOT LIARS ALONC OEDTGTED STREET MIT -OF -WAY W L B MONUMENT') BY A DIX STAMPED 2S 7178; SET ALONG A PROLONGATION OF THE SIDE LOT LINES IN RE TOP OF CURB, IN LIETI O' FRONT CORNERS BHERE APPLICABLE.,.. LA5 AND O. C.5 CF OENCA iED SAIfET PoOfT-OF-WAY HILL BE MIXNUMENFED BY A DISC STAMPED 2S 7178' SET ALONO RE RAINAL. ALL MO'NINEXTS SHOIM? AS $T' 91ALL BE. N1 ACCS/OAN RRLIS Cf. RE MO1II0NTARET AGREEMENT FOR RUE. MAP, 01050845E NOTED...... 15 GRAPHIC SCALE 0 20 40 80 120 (IN FEAT) I INCH 40 MST mom DELTA RADIUS LOGIN CI 1023'20' 100P7' IO13• C2 2526'44' 6000' 26.47 CO 3653'23- 6000' 3867 04 365522' 6a00' M67 0 11'3071' 60.00' /220' 0 110'540' 6A00' 11501' O7 1023'20' 10100' 1513' CO 165057' 27E00' 81.16' 0 50 0'00' 54.00' 8482' 010 1899'47. 25000' 81.43' IN THE CITY OF SAN JACI NTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET - 3 OF 5 TRACT NO. 30658-1 0000 A 511801N900.0 Cr A FIX4Mk4 I LOT 1 OF 1RACT NO 23963 RECCRDfD1N 39011 239 0' MAPS AT PACES I0 0600001 22 INCLUM5 R£00505 0'' h6VEN98E COUNTY• CAUf1M'WA ALSO BEAM A MORON OF FANCNO SAN JACM10. 10NNSMP 5 50UIN, FANG£ 1 NEST, SB.M. PRO EC70E59LN CONSULTANTS JUNE 2002 BLOCK 76 LANDS Dr, THE HEMET LAND COMPANY M.B. 1/14-16 LENGTH Cl L4 L5 N4706'00w 2405172512' 4745110.40w N465059'E N500F'4019 20.5r 26.0$ .3.60' 2053' 092' 7111110----8841m- SCALE' 1' - 40' 13 sa, Pt 14 N3e ' NN 1 1 N0 0B•40w 16 '40w 100.00' j .$ a0.0 1 17 $��, u9'4Ow 1a56V9' I _ S 18 19 L5 SI 00 .78 12 .80 1= N(074'f0 N 11 -34 39 26' -•• T.-4' WE 40 0 -i m$ m t 84' M 10 $ 2 38 51.00 41 9 5100 ,4 8 N 00 6 I.00'—---SL00• NCOLN'O_ N 01.00'-----51.OJ' 2 LOT 'A' 00' 37 N $ 5200' N60W1'40'N (SEE 42 04000.540'W HAWTHORNE 5749i 610015,34614 N 36 33.00' 5067' SHEET 43 5200 35 1.l 4) 44 4. LOT '0' 0400087aw 377.74' TENNYSON 11.14 STREET 50 49 47 N8 29 34 00 45 _ 1 6 N 5 5H.00' .00 m 4 33 00' i1W 3 STREET 51.00'-i -5 519.35 607.91' 4 56005' -6200=----5200= ---5205--- 32 31 30 1530' ...177.r 27 46 LOT 'F' -iNo U iti '4 29 0 LOT_ 13 FACT ND. 233963 M.B, 236/110-2 N N C> O Z C 222 22/22 Yil32\ 22: 22. 2 222 GRAPHIC SCALE 0 20 40 80 1 0 MI MN AMIN (IN FELT) 1 44001 — 40 FELT 15 NOOD6'40•W roam' NW176.40•W roam' Ana>LSO-11,4t.D u 26' W IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT 30658-1 NO. RERK A S11RB1t4W.W OF A P040RN1 OF LOT 2 OF 1RACS NO 23963 RECORDED R1 BOOK 279 or MAPS AT PAGE 10 7FMWd7 22 002078 MOMS or R114R90E COUNTY,, C999129N91. ALSO BEING A POMPON OF RANCHO SAN 74CWR4 RIWNSW° 5 SWIM RANGE 1 WEST. SO.M. PROJECTDES!GN CONSULTANTS 23NE 2002 39 MOO 38 37 SHEET —41.00LT --51.00-- ---SI.W_— —Saar-- --`Nlh, -"Ref, 51 50 ' 49 '. 48 47 1'r© $ a DODO'.s' r.::' 646' Mw175'441W 27750' �. (SEE 5) 4' P 55 52 53 56 y —04— LDT J3 TRACT No. 23963 M.B. 230/')0-22 NI5LO'$219. N4451''20'E N447Y55E N4$g7.40•W SHEET 4 OF 5 CURIE OELTA:. RANDS 1ENG1N CI. 165057• 27E.00' DUE' C2 205559' 224m' Br.01' CO 1736'02' IMO' 3A72' C4 4d 3a 1 C5 743015• 40001 427E0' 05 699/6'34' 4000' $27 9• 07 C7 . rpp4B': 40.0• mos' CB I 7'56'02' 25000' 31172'. CO. 1HJ9'45 2mW' C16 6T46'15" moo' 55% S256' GRAPHIC SCALE 0 20 40 BO IMMO NMI MIN N (IN FEET) I INCH a 40 FEET kaVD2g5r 50.03 ry LOT 'G'h;�7 DETAIL 'A' NT.s LOT 'F° 46 35 45 f O%\`‘ S>` / . 'PA. \ / 39 i. 18 IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. --1 BONG A SUEPOA4OV OE A PO9ifON O or 2 or 3RACT ND 23363 RECORDED 04 BOOM 239 0E MAPS AT PACES IS 800007 22 INCWSVE RECORDS 00 RIVERSIDE COk4LY, CAUPO0NIA ALSO SEND A POR0GN OE RAN040 SAN JAONIIO TONNSNP 5 SOWN, RANCE f NEST, S6.M. PRNECTDESIGN CONSULTANTS .NNE 2002 sEE DETAIL A LOT 13 TRACT No, 28908 M.B. 289/10-29 75. 64 LOT -1 TRACT NO. 23963 M.B. 239/110-22 N5flf• 4'C N465!•74'f_ 14 N4031.3CC 702' L5 N32Y2J6W 1.Saa' N70'49;T$E SHEET = 5 OF '5 URIC DELTA RAPU6 1EN/i7N Cl 00'43'42' 324.00' 4.72'. C2 77 4234" 324.00' 6627' CJ 1076'44'.. 32000' 58.13' CA 11113397'. 324.00' 6268 C3 00I0Y]' 3R4.04• A64. CE 6.42'39' 5.400' 6.01 C7 255550' M0' 45.24' 4.N' CO 0343'49' 700m' CO 2379'30' 70q.00' 51.76' Cf0 734.3937' 4&00 67.77' CIF 535106'. 4dm' 4.20' 672 6246'34' 4400' 5259' Ci3 f97676" 4800' ]6,14• CN 09p2'40' 376GJ' 59,t3*L CO 06'46'SY 376.00' CIO 02:%'S4' 370200' 77.16' CL7 082037' 32500' 4664' CM 0929'40' 325.0P 5167' CID 0976'09' 32490' 3500' 54.47' S52' C20 WVRY 1321. LG57'4r' 470.00' 1.07' 722 03D120' 37000' 20.40 Oct 22, 2N,1 - SLIP, RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF SAN JACINTO 201 E. Main Street San Jacinto, Ca 92583 ATTN: City Clerk Exempt from recordin, fee_per Government Code Section 6103 CITY OF SAN JACINTO, CALIFORNIA atouiffptc/ City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FINAL TRACT MAP 30658 between THE CITY OF SAN JACINTO A California Corporation Western Pacific Housing, Inc., A Delaware Corporation Licensed to do work in California AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMFNTS FINAL TRACT MAP 30658 R V'PLIBUS Bt6�5=9 This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this 8th day of August, 2003, by and between the City of San Jacinto, a California municipal corporation ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California, with their principal office located 400 N. Continental Blvd., Ste. 100, El Segundo, CA 90245 ('Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred tows the 'Parties." II. RECITALS. A. On May 3, 2002, Owner submitted to City an application for approval of a tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"). The tentative tract map was prepared on behalf of Developer by Project Design Consultants, and is identified in City records as Tract Map No. 30658. B. Developer's application for Tentative Tract Map 30658 was deemed complete on May 3, 2002. On August 28, 2002, the San Jacinto Planning Commission conditionally approved Developer's application for Tentative Tract Map No. 30658. C. Developer has not completed all of the work or made all of the public improvements required by San Jacinto's Municipal Code Section 16.24, the Subdivision Map Act (Government Code sections 66410 et seq.) ("Map Act"), the conditions of approval for Tract No.30658, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section San Jacinto Municipal Code Section 16.24.010 (B) and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 30658. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 30658. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Riverside; (c) the City Council of the City ("City Council") approves the final map for Tract No. 30658 and (d) Developer records the Final Tract Map No. 30658 in the Recorder's Office of the County of Riverside. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City 12 V PUI3\MXM1606513 PAGE 2 OF 14 SUBDIVISION LMPROVEMENT AGREEMENT (Updated: February, 2001) or Developer, and Developer may no hereafter record the final map for Tract No. 30658. 2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Tract No. 30658, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls,` landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 30658 ('Public Improvements"). The Public Improvements are more specifically described in Exhibit "B," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be perfoinred to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements. 2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any pet mit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property. 2.3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements R V PUB\MXM\606513 PAGE 3 OF 14 SUBDIVISION IMPROVEMENTAGREEMENT (Updated: February, 2001) applicable at the time work s actually commenced. 2.5 ` ` Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed maybe accomplished without giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and stolen drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improve- ments. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perfonni such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance. 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public RVPUB\MXM\6065I i PAGE 4 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Improvements within twelve (12) months following approval of the final map for Tract No. 30658. 4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developerand its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. 30658 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et seq. of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 30658 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground. 7.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by RVPUBWIXM\606513 PAGE 5 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) City relative to Tract No. 30658. 8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default; Notice; Remedies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred. 9.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. RVPUB \MXM \606513 PAGE 6 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 11.0 Acceptance of Improvements; As -Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If Tract No. 30658 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein. 12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the perfoi mance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or telininati on of this Agreement. RVPUBWIXM \606513 PAGE 7 OF 14 (Updated: February, 2001) SUBDIVISION IMPROVEMENT AGREEMENT 13.0 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping ("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer's one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful perfoiiiiance bond in the amount of Seven Hundred Eight Thousand Nine Hundred Twenty Nine Dollars ($708,928.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 30658, and the total remaining security is not less than twenty- five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 30658. 13.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for perfoimance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of, Seven Hundred Eight Thousand Nine Hundred Twenty Eight Dollars (S708,928.00), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:V111, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the RVPU131MXM \a/6513 PAGE 8 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) Public Improvements, or the plans and specifications for the Public affect its obligation on the Security. prove en s shall in any way 1 3.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit "C", unless other foul's are deemed acceptable by the City Engineer and the City Attorney, and when such fauns are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference. 14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 30658 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash with City in the amount of Two Thousand Five Hundred ($2,500.00), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 30658. 15.0 Lien. To secure the timely perfoiniance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13.0 et seq. and 14.0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer' s default on those obligations for which security has been provided pursuant to Sections 13.0 et seq. and 14.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of Agency, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Consultant's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not RVPUB\MXM\606513 PAGE 9 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) be restricted to insurance proceeds, if any, received by Agency, its e employees, or agents. 17.0 Insurance. 17.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than S1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 17.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain RVPUB \MXM \60651 3 PAGE 10 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 17.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City. 17.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VM. 18.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and haiiiiless from any claim or demand arising out of or incident to signs, advertising structures, or their removal. 19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract No. 30658, nor any other related entitlement, peilnit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. RVPUB\MX1‘41606513 PAGE 11 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) 20.0 General Provisions. 20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: DEVELOPER: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Community Development Director (909) 487-7330 Western Pacific Housing, Inc. 400 N. Continental Blvd., Ste. 100 El Segundo, Ca 90245 Attn: Joanie Madrid (949) 442-6188 Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 20.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or RVPUB\MXM\606513 PAGE 12 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or perfoimance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or perfounance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without RVPUB\MXM\606513 PAGE 13 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. City Manager City of San Jacinto ATTEST: By: By: (si atu e) Dorothy L. Chouinard City Clerk City of San Jacinto Chris Chambers Vice President Jon Myhre Assistant Secretary Western Pacific Housing, Inc. NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. RVPUBWIXM\606513 PAGE 14 OF 14 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) STATE OF CALIPORNIA COUNTY OF a5-7,1-.017 On , the undersigned notary public, personally appeared , (4)pmonally known to me OR ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/sjae/tb.gy executed the same in his/har/their authorized capacity(ie,$), and that by his/1-frer/thOr signature(?) on the instrument the person), or the entity upon behalf of which the personfes) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary RVPUB \M>CM \ 6065 I 3 2003, before me, 'CAPACITY CLAIMED BY SIGNER: Individual(s) _Corporate Partner(s) Attomey-in-Fact Trustee(s) Subscribing Witness ___ Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) STATE OF CALIFORNIA COUNTY OF nre,,Z- On , 2003, before me, e 7 / , the undersigned notary public, personally appeared —4-personally known to me OR — proved to me on the asis of satisfactory evidence to be the personf,$) whose name(s4 is/ire subscribed to the within instrument and acknowledged to me that he/sjae/tbey executed the same in hisihyr/thprr authorized capacity(ies), and that by his/hetitjaeir signature) on the instrument the person(', or the entity upon behalf of which the persop(s) acted, executed the instrument. WIINESS my hand and official seal. Signature of Notary RVPUMMXM \606513 CAPACITY CLAIMED BY SIGNER Individual(s) _Corporate Partner(s) Attorney -in -Fact Trustee(s) Subscribing Witness Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) A-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 30658 Real property in the City of San Jacinto, County of Riverside, State of California, described as follows: Lot 2 of Tract No. 23963 in the City of San Jacinto, County of Riverside, State of California, as shown by map on file in book 239 page(s) 10 through 22, inclusive, of Maps, Records of Riverside County, California. APN: 439-190-028-0 R V PU B\MXM\606513 EXHIBIT "B'' LIST OF PUBLIC IMPROVEMENTS TRACT NO. 30658 B-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) PRELIMINARY OPINION OFPROBABLE COST San Jacinto Tract 3OS58 ` Prepared By: F. Artiga, Project Design Consultants ` NUMBER OFRESIDENTIAL LOTS= 85 .SUMMARY SANITARY SEWER STORM DRAIN WATER SYSTEM STREET IMPROVEMENTS GRADING EROSION CONTROL 5/22/2002 COST !3O,925 104,284 298,509 `65,600 7,890 LANDSCAPING IMPROVEMENTS N $27,875'96 Grand Total $708,928.00 Page of DESCRIPTION SANITARY SEWER 8" MAIN zyMANHOLE 5'MANHOLE 4" LATERAL STORM DRAIN 42^RCP 36'RCP 2r'RCP 24'RCP 21^RCP 18'RCP CATCH BASIN JUNCTION STRUCTURE MANHOLE NO, 1 MANHOLE N0�2 WATER SYSTEM ` PRELIMINARY OPINION OFPROBAB San Jacinto Tract3UG58 Prepared By: F- Artiga, Project Design Consultants NUMBER OFRESIDENTIAL LOTS = 85 ` QUANTITY UNIT UNIT COST TOTAL 2,847 LF 2500 71.17500 11 EA 2.500.00 27,50000 U EA 2,500.00 - SUBTOTAL 138,92500 U LF 5[UU O LF 4S�UU - 0 LF 38.00 - 704 LF 36.00 25,344.00 U LF 30.00 U LF 24.00 7 EA 3.500.00 24.500.00 3 EA 3.500.00 10.500.00 3 EA 2.500.00 7.500.00 U EA 2.500.00 0^PVC MAIN (INCLUDES FITTINGS) 2,006 FIRE HYDRANT AOOY O O^VALVE / 1^AV&AR u HOUSE SERVICE 85 IRRIGATION SERVICE U PULL PLUG &JOIN 1 TTTT.TT-ri, SUBTOTAL 67,844.00 19.00 54,834.00 2.500l0 15,00000 800.00 4.200.00 1,900.00 - 350.00 29.750.00 1,000.00 - 500.00 500.00 SUBTOTAL 104,28400 Page 2of3 PRELIMINARY OPINION OF PROBABLE COST San Jacinto Tract 30658 Prepared By: F. Artiga, Project Design Consu ants NUMBER OF RESIDENTIAL LOTS = DESCRIPTION STREET IMPROVEMENTS SUBGRADE PREPARATION 6" CURB & GUTTER CONCRETE CROSS GUTTER 4" SIDEWALK (INCLUDING PED. RAMP) DRIVEWAY APPROACH 3" A.C./ 4" A.B. MISC. PAVEMENT REPAIR STREET NAME SIGNS STOP SIGNS STREET LIGHTS GRADING EXCAVATION QUANTITIES (CUT) EROSION CONTROL EROSION CONTROL 85 QUANTITY UNIT UNIT COST 136,713 SF 0.18 6,002 LF 5.50 1,674 SF 4.00 37,640 SF 1.30 0 SF 1.70 125,147 SF 1.10 1 LS 7,800.00 8 EA 300.00 8 EA 300.00 14 EA 2,500.00 32,800 CY 16 AC 5/22/2002 TOTAL 24,608.34 33,011.00 6,696.00 48,932.00 137,661.70 7,800.00 2,400.00 2,400.00 35,000.00 SUBTOTAL 298,509.04 2.00 65,600.00 SUBTOTAL 65,600.00 500.00 7,890.00 SUBTOTAL 7,890.00 Page 3 of 3 EXHIBIT ''C" SURETY BONDS AND OTHER SECURITY TRACT NO. 30658 As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: $708,928.00 Surety: Arch Insurance Company of Missouri Michael E. Cundiff Attorney -in -fact: Address: 7650 Courtney Campbell Cswy., # 920 Tampa, FL 33607 (813) 281-2095 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $708,928.00 Surety: Arch Insurance Company of Missouri Attorney -in -fact: Michael E. Cundiff Address: 7650 Courtney Campbell Cswy., # 920 Tampa, FL 33607 (813) 281-2095 LANDSCAPE IMPROVEMENTS — PERFORMANCE AND MATERIAL/LABOR BOND PRINCIPAL AMOUNT: $708,928.00 Surety: Mirhael F Cundiff - Arch Insurance Company of Missouri Attorney -in -fact: 7650 Courtney Campbell Cswy., # 920 Address: Tampa, FL 33607 (R13) 2R1-2N5 CASH MONUMENT SECURITY: $2,500.00 Amount deposited per Cash Receipt No. Date: Nov . 12 , 2003 RVPUI3 \MXM %WI 3 C-1 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) BOND NO. SU5002195 pREm.ium: Included with Performance Bond. SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP 30658 IMPROVEMENTS LANDSCAPE MATERIAL AND LABOR KNOW ALL MIEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California ("Developer"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30658 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated October 1st, 2003 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the . Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and fiiiiily bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing RVPUB\M)W606513 C-7 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of Seven Hundred Eight Thousand Nine Hundred Twenty Eight Dollars ($708,928.00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, thinly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Iniprovements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. RVPUB \MX:1\4\606513 C-8 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) NESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Tampa, FL , this 20th day of August 2003 Western Pacific Housing, Inc., Principal a Delaware Corporatio Vice President Chris Chambers Arch Insurance Company ur Attorney- -Fact Kimberly A. Tavernier (print name) c/o Willis of Florida 7650 Courtney Campbell Cswy., #920 Tampa, FL 33607/Inquiries: (813) 281-2095 NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND R VPUB WIXM\606513 C-9 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this 20th day of August, 2003 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -In -Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature L 1 Meyer COMMISSION # DD211984 EXPIRES June 1, 2007 BONDED THRU TROY FAIN INSURANCE. INC This area for Official Notarial Seal Know That the a un�rthe ���U�G�e� .��ngho principal ' office `hnKansas City, Missouri does hereby appoint ' Anett Cardinale, David H. Carr, James VKDunn, Linda J. Miller, Pamela ' Kimberly/� ` Tavernier of Tampa, FL its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: No AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment edany time. ' The execution of such bonds and undertakings in pursuance of these presents. shall be as. binding upon the said Company as fully and amply to all intents and purposes, as if the same had `b6eri duIv e xb ruled and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Boardof Directors of ` the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary mmbeing in full force and 'effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,, and to authorize vu," to execute on behalf~ ~ ~~ ~-,,~';. ~'~ attach_-.~. the -~'seal --_ Company__thereto,..bonds__ and ~~ ` undmrtakingm, ruuognizancoa, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officuroofthuCon�panymayappo)ntoga�oforacuopbancocfprocoaa.^ This Power of Attorney is uignod, sealed and certified by far -simile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED. That the signature of the Chairman of the Board, the Prumident, or any Vice Promidon ..or their appointees designated in writing and filed with the Souroary, and the signature of the Socrotary. the uaa| of the Company, and ondi5oadona by the Sucrntary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted bythe Board of Directors on N1arch3. 2003. and any such power so oxucubed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. Page I of 2 Printed in U.S.A. a • a. State of California County of O Date personally appeared • Z V before me, V. /e • Name and Title of Officer (e.g., "Jane Doe, Notary Public") (am Name(s) of Signer(s) ( 1sonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persort ) whose name(e) is/arE subscribed to the within instrument and acknowledged to me that he/s1/34y executed the same in his/*/tir authorized capacity(i9. ), and that by his/1 r/tom signature ) on the instrument the personX, or the entity upon behalf of which the person(z)- acted, executed the instrument. WITNESS my hand and official seal. Signatur of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: U Individual ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General Attorney -in -Fact Fl Trustee • Guardian or Conservator u Other: Signer Is Representing: a7 e96 arc. :a7-&- nark a� RIGHTTHUMBPRINT OF SIGNER Top of thumb here YO 999 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationalnotary.org Prod. No, 5907 Reorder: Call Toll -free 1-800-876-6a27 BOND NO. SU5002195 INITIALPREMIUNI: $5,317.00/Two Years SUBJECT TO RENEWAL FIRST TERM PREMIUM FULLY EARNED. CITY OF SAN JACINTO TRACT MAP 30658 IMPROVEMENTS LANDSCAPE PERFORMANCE WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California ("Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30658 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated October 1st, 2003, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Seven Hundred Eight Thousand Nine Hundred Twenty Eight Dollars ($708,928.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE COND11ION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and perfolined at the time and in the manner therein specified and in all respects according to their intent RVPUB\MXM1606513 C-10 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) and meaning, and to indemnify and save harmless City, its officers, employees, and agents, stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Tampa, FL , this loth day of August , 2003 Western Pacific Housing, Inc., Principal a Delaware Corporation Arch Insurance Company Surety By: "`®—' By: Vice President Chris Chambers Attorney- act Kimberly A. Tavernier (print name) c/o Willis of Florida 7650 Courtney Campbell Cswy., #920 Tampa, FL 33607/Inquiries: (813) 281-2095 NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. R VPUB\MXM\606513 C-11 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) STATE OF FLORIDA COUNTY OF FIILLSBOROUGH1 SS. On this 20th day of August, 2003 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -In -Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature L.J. Meyer L 3. Meyer My rmAMISSION# 00211984 EXPIRES 114 June 1, 2007 BONDED THRU TROY FAIN INSURANCE, INC This area for Official Notarial Seal In the �ee.tobeaf�x�d byth��`. ^ authoirized officers, _ this _. day of .uciust `-'.' .~.~� ~.`_-^.. ` � ` Afteot4edand Certified '.Josepli 8,LELWI. Corporate Secretary STATE OFCONNECTICUT SS COUNTY DFFA/RF/ELD 88 �Arch `Insurance` Thomas Vice `' .^~`~_~President ^ I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFK3AL SEAL MaJSSA B. %",AN, Notary Public State of ComecWA CERTIFICATION i Joseph S. LabeU, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of 2003Attorney dated Auaust 7. the same has been in full force and effect since the date thereof d nd 'on the date of this certificate; and /oofurther certify uthat the said Thomas r.Lucx*ux/",who executed the Power ." Attorney u*Vice President, was m/ the date cfexecution rf the attached Power ofAttorney the du/y�|ecb*dV�ePresident ofUh�)�ch/nourancoCompany. IN TESTIMONY VVHEREOF. / have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company onthis 20"' day of August . MeRsa B. Gilligan, Notary Public /~ My commissio expires 2-28-05 Joseph S/f-Aelil-Co'rporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein Home Office: Kansas City, MO Page 2 of 2 Printed in U.S.A. KnAOWAII By These Presents: Thot the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its priocipal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Art ett Cardinale, David H. Carr, James W. Dunn, Linda J. Meyer, Pamela Miller, Pamela L. Morgan and Kimberly A. Tavernier of Tampa, FL (EACH) its seal, and deliver from the date of issuance ofthis ~-`�' on its behalf as and as its act and deed: ` Any and all bonds and undertakings NO AUTHORITY is granted to make, execute, seal and deliver bondsor undertakings that guarantee the or collection of any promissory note, check, draft orletter cfcredit. This ao8 incxderto each 'such bond with'~' ��dollar~�-x,�oof^ fo�hhoren. ---. authority` ' ` ' ` ' ` ^ The'Company may revokeappointment at any time. The execution of such bonds and undertakings in pursuance of these" ` presents, shall -be as binding upon the said Cornpany as fully and amply to all intents and purposes, as if the same had `b6eri ddly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power ofAttorney isexecuted by authority of resolutions adopted by unanimous consent of the Board the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by' the undersigned Secretary asbeing infull force and effect:'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power cfAttorney issigned, sealed and certified by facsimile under and byauthority ofthe following resolution adopted by the unanimous. consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the Pnesident, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Gecretary, the seal of the Compmny, and cmtVica0uno by the Secretary, maybe affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3. 2003. and any such power moexecuted, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OUMLOO13000303 Pagel 02 Printed in U.S.A. In Testimony^ ` Whereof, the Company has caused this instrumentto be signed and its corporate seal hobeaffixed their'`` /Ntue5;ted and Certified Josaph Gi|�`ml Corporate Secretary` STA-TEOFCDNNECTCUT SG COUNTY OF FAIRFIELD SS Arch Insurance � omas P. Luckstone, Vice President I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. State of Connecticut 'Mel&a B. Gilligan, Notary Public My commission expires 2-28-05 |. Joseph S. Loba)L Corporate Secretary of the Arch |nouosnna Compony, do hereby certify that the attached Power of Attorney dated Auaust 7. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEPPOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance CompanyonUhis ZUu' day of August .20 U Joseph . Corporate Secretary This Power of Attorney limits the acts of those nomad therein to the bonds and undertakings specifically named therein Home Office: Kansas City, MO Page 2 of 2 Printed in U.S.A. ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. `CALIFORNIA ALL-PURPOSE ^ _ __--------- _ _ .-."",_ ~r_ `�- Statoof California. ` pmu md� 2.eA�75bef ore me, Date appeared _S Name and Title of Officer (e.g., 'Jane Doe, Notary Public") ..~—°~~g~. known tnmo O 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/sho/heymxecuted the aomo in his/her/their authorized capouity(ioa), 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 sea]. Signature of NFIal Public OPTIONAL Though the information below isnot required bylaw, it may prove valuable mpersons relying onthe document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signel Other Than Named Above: Copaoitv(iea)Claimed bvSigner Signer's Name: O Individual [] Corporate Officer --TNe(s): O Partner --OLimited []Gonoral O Attomoy-in'Fact O Trustee O Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OFSIGNER Top of thumb here m,emNational v"ta,^""ali.n'9350 De Sato ^=-cuao. 2402'chal=art*m91313-2402'"="ati"=mmary^m / 1� Prod. No.em Reordel Call Toll-Free,�-876-682, FIRST TE PREMIUM IS FULLY EARNED INTTIAL PREMIUM: $5 , 317.00/ 2 Years SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP NO. 30658 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California ("Developers"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30658 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated October 1st, 2003, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for perfounance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Seven Hundred Eight Thousand Nine Hundred Twenty Eight Dollars ($708,928.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perfoiiii the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent RIRUBWIXM\606513 C-2 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Los Angeles , this 8th day of August , 2003 Western Pacific Housing, Inc. Principal a Delaware Corp ration By: NOTE: RVPUBWX1,416065 I 3 By: Vice President Chris Chambers Att. ey-in-Fact Michael E. Cundiff (print name) APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. C-3 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles before me; Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER(S) Z] Personally known to me - or - AN L. MORALES COMM. #1332202 rTi otary Public -California to LOS ANGELES COUNTY y Comm. Exp. Dec 25, 2005 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. C J c.4.6 a'Y, . �t 7 (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL/OWNER CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) I LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDG State of Caffornia County of On f,'YW5 fdtoe ore me, Dale personally appeared sae. AO, KAREEN KOHLER Commission # 1777873 Notary Public - Orange County MyComm.ExpiesSep22.2D4 NS, • ! a-4 Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) Pl-pgionally known to me 0 proved to me on the basis of satisfactory evidence to be the person(.) whose name) is/ subscribed to the within instrument and acknowledged to me that he/Ole/they executed the same in his/hArtitt>eir authorized capacity(iet), and that by his/her/t1)eir signature() on the instrument the persop•K, or the entity upon behalf of which the persop('s) acted, executed the instrument. WITNESS my hand and official seal. Signattfrge Public OPTIONAL OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: El Individual r-1_] Corporate Officer — Title(s): Li Partner — Limited Li General E Attorney -in -Fact Li Trustee Guardian or Conservator Li Other: Signer Is Representing: er,Werr7e7"01, ensWerer 612g_,Orrer"' © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 RIGHT THUMBPRINT OF SIGNER Top of thumb here 1 Reorder: Call Toll -Free 1-800-876-6827 BOND NO. SU 5002481 INITIAL PREMIUM: Included With Perfo SUBJECT TO RENEWAL CITY OF SAN JACINTO TRACT MAP 30658 IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Jacinto, California ("City") and Western Pacific Housing, Inc., a Delaware Corporation Licensed to do work in California ("Developer"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 30658 ("Public Improvements"); WHEREAS, the Public Improvements to be perfoiiiied by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated October 1st, 2003 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and thinly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid RVPUB \MXM 60651 3 C-4 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) excepting the Principal, the sum of Seven Hundred Eight Thousand Nine Hundred Twenty Eight Dollars ($708,928.00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 etq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the teiiiis of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. R VPUBW1 XMV3065 1 3 C-5 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Los Angeles , this 8 th day of August , 2003 . Western Pacific Housing, Inc. Principala Delaware Corporation By: NOTE: RVPUB\MXM\605513 By: Vice President Chris Chambers Arch Insurance Company Surety Att ey-in-Fac Michael E. Cundiff (print name) APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. C-6 SUBDIVISION IMPROVEMENT AGREEMENT (Updated: February, 2001) CALIFORNIA ALL PURPOSE ACKNO State of California County of Los Angeles On personally appeared Personally known to me - or - USAN E. MORALES COMM. *1332202 ary Public -California OS ANGELES COUNTY -17 y Comm. Exp. Dec 25, 2005 LEDGMENT Susan E. Morales/Notary Public NAME, TITLE OF OFFICER Michael E. Cundiff NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and 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. 0Ll.ocierI / rll C12.x0 (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. II x CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL/OWNER CORPORATE OFFICER TITLE(S) PARTNER(S) I I LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Arch Insurance Con pany POWER OF ATTORNEY Know All Men ByThesePresents: That the Arch InsLirance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Lawrence W. Carl strom, Raymond E. Gail, Michael E. Cundiff, Susan E. Morales, George A. Munana, Matthew J. Huggins and Eric Schmalz of Los Angeles, CA (EACH) its true and lawful /\ftomey(s)-in-Fact, to make, oxeoute, yeal, and deliver from the 'date nf issuance u[this power`for ' and on its behalf as aunoty, and as its act and deed: ` ^ Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar |innitofauthority oaset forth herein. - The Co rnayrevoke th� en atanyUme The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposas, as ifthe same had been duly executed and acknowledged by its regularly elected officers atits principal office in Kansas City, Missouri. This Attorney is executed by authority of resolutions adopted by unanimous consent of the Board mfDirectors of the Company on March 3. 2003' true and accurate copies of which are hereinafter set forth and any hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTB].That the Chairman of the Board, the President, orany Vice President, mtheir appointees designated in writing and filed with the Socretary, or the Secretary shall have the power and authority to appoint agents and atturn and to authorize them to execute on behalf of the Compony, and attach the seal of the Company thereto, bonds and undertok|ngs, naoognicanoas, contracts of indemnity and other vvriUnQs, obligatory in the nature thereof, and any such officers ofthe Company may appoint agents for acceptance ofprooeos.^ This povvar of Attorney is signed, sealed and certified by haoshnUe under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: ` VOTED. That the signature of the Chairman of the Board, the President, or any Vice Prasident, or their appointees designated in writing and filed with the Secratary, and the signature of the Secretory, the seal of the Cornpany, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on /Narch3. 2003. and any such power so exaoubyd, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. Page 1of2 Printed inU.S�� ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. CALIFORNIA �� ENT ` ` * State ofCalifornia County of n�/ Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeamd of 11;-pi5frsonally known to me Ell proved tomeonthe basis of satisfactory evidence to be the parson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ha/she/they executed the same in his/her/their authorized oopaoity(ieo), and that by his/her/their signature(s) on the instrument the pemon(s), or the entity upon behalf of which the person(s) oo1ed, executed the instrument. WITNESS my hand and official seal. ;,�; V 4! � 2 � X,; �-h, � � Signatupdrof Notary Public OPTIONAL Though the information below mnot required ovlaw, omay prove valuable mpersons relying onthe document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: CapacitvUea>Claimed bwSigner Signer's Name: O Individual OCorporate Officer --TNe(s): O Partner --U Limited O General OAttomey-in'Foct O TmoVoe O Guardian orConservator [] Other: Signer |nRepresenting: RIGHT THUMBPRINT OFSIGNER Top of thumb here 11 0 _ _ 0 1999 National Notary Association - 9350 De Soto Ave- P.0, Box 2402 - Chatsworth, CA 91313-2402 - v­.nationalnotary.org _ Prod. No,em Reorder: Call Toll-Free.�876-m AGENDA I.® '5, 2.3 November 20, 2003 TO: The Honorable. Mayor and Members of the City Council FROM: Bernie Simon, Finance Director SUBJECT: Appropriation of Funds for Noble VS. City of San Jacinto Litigation RECOMMENDATION: By motion, appropriate $62,500 from Unreserved, Undesignated General Fund Balance Reserve to settle Noble litigation. BACKGROUND: Settlement would end Noble litigation that has been on -going since 2000. No funds were budgeted in FY 2003-04 for such a settlement, therefore, an appropriation is needed before any funds may be disbursed. $62,500 would be appropriated from Unreserved, Undesignated General Fund Balance Reserve to General Fund Legal expenditure account 010-1111-431- 3690. JUSTIFICATION: Settlement agreement. BUDGETARY IMPACT: Decreases available General Fund Balance Reserve by $62,500. Increases our legal expenditure budget by $62,500. ATTACHMENTS: Page 1 of 1 TO: FROM: The Honorable Mayor and Members of the City Council Bernie Simon, Finance Director SUBJECT: Risk Management Settlement Authority Limits RECOMMENDATION: Adopt resolution to delegate authorization dollar limits for the purposes of settling liability and damage claims against the City and delegate Workers Compensation claims settlement authority to Staff. BACKGROUND: Settlement authority is occasionally requested to finalize or close out claims cases. The Settlement amount, if there is one, is only a part of the total claim cost. Liability Claims Risk management claims are handled between our Risk Manager and the claims staff at PERMA, our joint powers insurance authority (JP IA). Attorney costs to defend the City are probably the largest part of the total cost charged on the claim. A settlement may be negotiated by the PERMA claims with a claimant or claimant's attorney when PERMA feels that a negotiated settle may be less costly than going to trial or the costs to continue to defend the City for an undetermined time. PERMA must request settlement authority for dollar limits within our Self -Insured Retention of $50,000. For claims that are already over $50,000 in cost, PERMA is not required, but generally does request settlement authority. Workers Compensation Workers Compensation claims are handled between our Risk Manager and our Third Party Administration (TPA) arranged through PERMA, our joint powers Page 1 of 2 insurance authority (JPIA). Most claims are medical only. When lost work time is involved there will be attorney costs involved. A settlement may be negotiated by the TPA claims adjustor with a claimant or claimant's attorney when the TPA feels that a negotiated settle may be less costly than going to trial or the costs to continue to defend the City. The TPA must request settlement authority for dollar limits within our Self -Insured Retention of $250,000. For claims that are already over $250,000 in cost, TPA and PERMA are not required, but generally do request settlement authority. Generally, the authorization limits for risk management and workers compensation claims have been following the authorization limits of the purchasing ordinance. The new purchasing ordinance increased staff authority dollar limits to purchase goods and services. However, the ordinance does not address the authorization limits for risk management claims nor was there any intension to do so. Therefore, staff recommends a resolution to define the delegation of authority to settle claims. Risk Management Settlement Authority is recommended for the City Manager at: A) Liability claims up to $15,000 B) Workers Compensation claims up to $10,000 Staff recommends the above limits to accommodate the processing and timing of smaller claims rather than the time involved in placing small items on the agenda for consideration. The limits above are certainly suggested limits and Council is free to delegate any authority it is comfortable with. JUSTIFICATION: Defines delegation of risk management settlement authority for liability claims and workers compensation claims. BUDGETARY IMPACT: This is a policy issue and there are no costs associated to this action. ATTACHMENTS: Resolution No. Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING RISK MANAGEMENT AUTHORITY LIMITS WHEREAS, the City of San Jacinto is self insured for liability insurance and workers compensation; and WHEREAS, the City of San Jacinto is a member of a joint powers insurance authority in order to pool the majority of the self insured risk of the City; and WHEREAS, the City is required to follow the rules outlined by the joint powers authority agreement as a member of the JPIA; and WHEREAS, the City is, from time to time, is requested to settle claims against the City in the form of monetary compensation to claimants for damages for liability and workers compensation; and WHEREAS, it is prudent that the City Staff have the delegation of settlement authority when, and if needed; due to the time sensitivity of issues involved; and WHEREAS, the City of San Jacinto annually appropriates funds for the costs of pooled risk management, but also appropriates funds for self insured retention portion of liability insurance and workers compensation; and WHEREAS, settlement requests are claim costs in addition to, but not limited to attorney costs, court costs other city costs; JPIA or TPA claims costs, expert witness costs and any other claim costs. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, California, as follows: Establishes, delegates, and authorizes the risk management authority limits, within the annual budget appropriation, and as presented in attachment Exhibit A. Page 1 of 3 APPROVED AND ADOPTED this 20th day of November, 2003, by the follovving vote: Ayes: Nays: Abstain: Absent: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Jim Ayres, Mayor Page 2 of 3 City of San Jacinto Risk Management Settlement Authority Delegation Limits Liability and Damage claims City Manager up to $15,000 City Council over $15,000 Workers Compensation Claims City Manager up to $10,000 City Council over $10,000 Page 3 of 3 AGENDA ITEIVI (0, I November 20, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk SUBJECT: Committee and/or Agency Agendas RECOMMENDATION: Receive and file. BACKGROUND: Information per Council's request. JUSTIFICATION: None BUDGETARY IMPACT: None ATTACHMENTS: Library RCTC RTA VEDC WROG Page 1 of 1 11 /05/200 13: 52 909487 San Jacinto Branch Library Submitted by Elise Kahn, Branch Manager October 2003 The library was open a total of 26 days the month of October with a total number of service hours at 272. There were 20 book donations added to the collection and 12 new book orders added. Staff gave 5 tours of the library and we had 24 class visits serving 665 students. The conference room had 42 bookings throughout the entire month. We had one student complete her 10 hours of community service in the month of October. I met with Myrna Rohr regarding a TA program here at the high school. She invited me to attend the Articulation meeting the district had with MSJC. I attended that meeting on October 23 and gained some insight into a TA program. I also attended the State of the Valley Luncheon put on by the Hemet/San Jacinto Chamber of Commerce. I sat at a table with three school board members and Superintendent, Dr. Peter Demyan. I will be attending the Rotary lunch on October 29 with Councilmember Jim Conner. On the teen front, we had a Teen Council meeting but due to competition with the Habitat for Humanity group we did not have anyone show up. We hope to hold another meeting for a Teen Council to give the students a voice for what they would like to see in their library. To celebrate Teen Read Week we had a magnetic poetry board next to our display of top teen reads. The students were encouraged to "write" poetry using magnetic words on a magnetic board, then if they liked, they could write it down in words in a notebook that was next to the board. The magnetic poetry was part of ALA's promotion of Teen Read Week. I think it was a success as saw several students everyday using the poetry board. 02 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Due to lack of substantive agenda items for the Executive Committee, the Executive Committee's meeting scheduled to be held on Wednesday, November 12th, at 8 a.m. is cancelled. There is a Riverside County Transportation Commission meeting on Wednesday, November 12th, at 9 a.m. Agenda will be posted and mailed. If you have any questions, please contact Naty Kopenhaver, Director of Administrative Services at (909) 787-7141. RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA * *Actions may be taken on any item listed on the agenda 9:00 a.m. Wednesday, November 12, 2003 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a Commission meeting, please contact the Clerk of the Commission at (909) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENTS (Items not listed on the agenda) 4. PRESENTATION - CETAP Advisory Committee Overview The Riverside County Transportation Commission will be recognizing the efforts and contributions made by the members of the Advisory Committee towards CETAP. 5. APPROVAL OF MINUTES - October 8, 2003 6. ADDITIONS/REVISIONS (The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) Riverside County Transpo November 12, 2003 Page 2 ation Commission Agenda 7. CONSENT CALENDAR - All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 7A. CONTRACTS COST AND SCHEDULE REPORT Overview This item is for the Commission to receive and file the Contracts Cost and Schedule Report for the month ending September 30, 2003. 7B. QUARTERLY FINANCIAL STATEMENTS Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the period ending September 30, 2003. 7C. QUARTERLY INVESTMENT REPORT Overview This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ending September 30, 2003. 7D. SINGLE SIGNATURE AUTHORITY REPORT Overview This item is for the Commission to receive and file the Single Signature Authority Report for the months ending July, August, and September 2003. 7E. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Commission to receive and file the State and Federal Legislative Update as an information item. `Riverside County Transportation Commission Agenda 7F. 2003 CONGESTION MANAGEMENT PROGRAM UPDATE ` Overview This item is for the Commission to: 1) Approve the 2003 Congestion Management Program (CMP) Update; and, 2) Forward to the Southern California Association of (Governments (8CAG) for a oonsistenoy` determination with the Regional Transportation Plan and other county congestion management programs in the SCAG Region. 7G. AWARD AGREEMENT NO. 04-31~037FOR THE DEMOLITION OF STRUCTURES, CONTRACT NO. 4'ADJACENT TO STATE ROUTE 74 BETWEEN WASSON CANYON ROAD' IN RIVERSIDE COUNTY, AND 7TH STREET' IN THE CITY OF PERRKS Overview This item is for the Commission to: 1) Award Agreement No. 04-31'037 for the [}ennn|itinn of Structures, Contract No. 4, adjacent to State Route 74, between Wasson Canyon Road, in Riverside County, and 7th Street, in the City of Penis, to Vision's West for the amount of $54,600, plus an approximate 2096 contingency amount nf $10,400 to cover unknown potential change orders encountered during construction, for a total not to exceed amount of $65,000' contingent upon staff's and Legal Counsel's final review of Vision's West bid; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf nfthe Commission. Riverside County Transportation Commission Agenda November 12, 2003 Page 4 7H. APPROVAL OF AGREEMENT NO. 04-33-038, AMENDMENT NO. 4 TO AGREEMENT NO. 02-33-029, WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR FINAL DESIGN AND CONSTRUCTION SUPPORT SERVICES 71. 7J. Overview This item is for the Commission to: 1) Approve Agreement No. 04-33-038, Amendment No. 4 to Agreement No. 02-33-029, with Engineering Resources of Southern California, Inc. to provide Final Design and Construction Support Services for the conversion of the temporary Riverside -Downtown Metrolink Station parking area to a permanent facility for an additional base amount of $52,638 for a total not to exceed amount of $621,596; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. FISCAL YEARS 2004-2008 MEASURE "A" FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITIES OF INDIAN WELLS AND INDIO Overview This item is for the Commission to approve the Fiscal Years 2004- 2008 Measure "A" Five -Year Capital Improvement Plans for Local Streets and Roads for the Cities of Indian Wells and Indio. AMENDMENT TO FISCAL YEAR 2003-2004 MEASURE "A" CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITY OF CALIMESA Overview This item is for the Commission to amend the FY 2003-2004 Measure "A" Capital Improvement Plan for Local Streets and Roads for the City of Calimesa. Riverside County Transportation Commission Agenda November 12, 2003 Page 5 7K. 7L. RCTC CO Overview This item is for the Commission to: MUTER ASSISTANCE PROGRAM AWARD WINNERS 1) Receive and file the Commuter Assistance Program Award winners list and program update as an information item; and, 2) Request Commissioners representing the areas of participating employers to present a proclamation. REPROGRAM LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS AND AMEND PALO VERDE VALLEY TRANSIT AGENCY'S FISCAL YEAR 2003-2004 SHORT RANGE TRANSIT PLAN Overview This item is for the Commission to: 1) Reprogram $40,000 in Local Transportation Funds (LTF) from capital to operating to cover increased operating costs; 2) Reprogram $89,000 in State Transit Assistance Funds to cover the cost of a fixed route vehicle; 3) Reprogram $20,000 in LTF Funds to cover the cost to refurbish fueling equipment; and, 4) Amend Palo Verde Valley Transit Agency's Fiscal Year 2003- 2004 Short Range Transit Plan (SRTP). �Riverside County TransportationCommission Agenda Page 6 REPROGRAM LOCAL TRANSPORTATION FUNDS AND 'STATE.` ' TRANSIT ASSISTANCE FUNDS, ALLOCATION OF FTA SECTION 5307 FUNDS, AND AMEND FISCAL YEAR `2QQ3-2QQ4:SHORT RANGE TRANSIT PLAN FOR RIVERSIDE TRANSIT AGENCY ` Overview This item is for the Commission to: 1) Reprogram $3'930'921 in Local Transportation Funds (LTF) and $5/3'309 in State Transit Assistance (5T/\) Funds to cover the coat of a Bus Rapid Transit Feasibility Study' two Transit Centers' up -grade existing Clean Natural _Gas (CNG) station and desiQn/constnucta new CNG Fueling Station' the Capital Cost of Contnacdng, and a Capitalized Tiro Lease Program; ` 2) Allocate $97'130 of Federal Transit Administration's (FTA) Section 5307 Funding for the San Jacinto/Hemet Urbanized Area for the CNG Station and amend the Fiscal Year 2003- 2004 Program of Projects for the Hemet/San Jacinto Urbanized Area; and, 3) Amend RT/\'s Fiscal Year 2003'2004 Short Range Transit Plan and amend the 2004 Regional Transportation Improvement Plan to reflect the changes. AWARD AGREEMENT NO. 04-51'030 FOR PROPERTY MANAGEMENT SUPPORT SERVICES TOEPIC LAND SOLUTIONS Overview This item is for the Commission to: 1) /\vvand Agreement No. 04-51'030 to Epic Land Solutions, Inc. for Phase | of the Property Management Support Services related to all Commission owned parcels for a not to exceed amount of $237'238; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda November 12, 2003 Page 7 70. APPROVAL OF AGREEMENT NO. 04-25-039, AMENDMENT NO. 1 TO STATION BEVERAGE VENDING AGREEMENT NO. 02-25-047 Overview This item is for the Commission to: 7P. 1) Approve Agreement No. 04-25-039, Amendment No. 1 to Agreement No. 02-25-047 with the Pepsi Bottling Group to add cold beverage vending machines at the North Main Corona Metrolink Station, and to exchange a machine at the Pedley Metrolink Station; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. COMMUTER RAIL PROGRAM UPDATE O vervie w This item is for the Commission to receive and file the Commuter Rail Program Update as an information item. 8. POSSIBLE EXCHANGE OF FUNDS WITH SCAG FOR THE MAGLEV HIGHSPEED RAIL STUDY O vervie w This item is for the Commission to: 1) Approve the exchange up to $124,272 of Local Transportation Planning Funds with SCAG for FHWA Planning Funds with the following conditions: a) That RCTC will receive a total of $175,967 in FHWA Planning Funds from SCAG in Fiscal Year 2003-2004 to be used for CETAP work. This amount includes the $124,272 in exchanged funds plus an additional $51,695 for CETAP; b) That the RCTC Local Transportation Funds be disbursed after our receipt of the $175,967 in FHWA Funds from SCAG; c) That this action is administrative and does not change the Commission's neutral position on high-speed rail technology; and, 2) Authorize the Executive Director, pursuant to Legal Counsel review, to execute a funding agreement which will outline the exchange of these funds. . 'nwommo County Transportation Commission Agenda ` Page WESTERN RIVERSIDE COUNTY TRANSPORTATION 0PAUF0R[N rNUl[UGAT80N FEES(TUN1F) UPDATE AND PROGRAMMING STRATEGY Overview This item is for the Commission to: 1) Approve the initial transfer of the Commission's Western Riverside County TUK4F revenue for Community Environmental Transportation Acceptability Process (CET/\P) corridor development and regional arterials in equal proportion; 2) Direct staff to continue working closely with the Western Riverside Council of Governments and the Commission's Technical Advisory Connnnhtoe to develop regional priorities for regional arterial improvements; and, 3) Direct staff to return to the Commission on a regular basis for guidance and approval of all Western Riverside County TUMF revenue programming decisions and to report regularly on revenue collection and the fulfillment of Measure "A" requirements regarding the Western Riverside County TUK4FProgram. 10. PRESENTATION — DRAFT REGIONAL TRANSPORTATION PLAN Overview Hasan |khrata' Director of Planning and Policy, Southern California Association of Governments, will present the Draft Regional Transportation Plan to the Commission. 11. ITEMS PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS / EXECUTIVE DIRECTOR'S REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended and upcoming meeting s/oonforonoos and issues related to Commission activities. Eric Haley, Executive Director, will report onthe New York bond rating trip. 13. ADJOURNMENT EXECUTIVE CO ITTEE AGENDA Monday, November 3, 2003 2:00 p.m. County of Riverside Administrative Center 1st Floor, Board Room CALL TO ORDER Chair Jim Venable PLEDGE OF ALLEGIANCE PUBLIC COMMENTS At this time members of the public may address the Executive Committee regarding any items within the subject matter jurisdiction of the Executive Committee which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda. Any person wishing to address the Executive Committee on any matter, whether or not it appears on this agenda, is requested to complete a "Request to Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Executive Committee in writing and only pertinent points presented orally. MINUTES I.A Minutes from the October 6, 2003 Executive Committee meeting are available for consideration. M-1 Requested Action: Approve Minutes. HA Appointment toSCAG Policy Committee Rick Bishop Page ` VVRCOG'aExecutive Committee canfill e vacancybveppointingenepreae`^`� to ` . one of8CAG'aPolicy Committees. ` Requested Action the SCAG Policy Committee an Community, Economic and Human Development. 11.13 WRCOG Representative to CALCOG Rick Bishop Background: The California Association of Governments (CALCOG) requests representation from aVVestenn Riverside Council of Governments (WRCC)G) jurisdiction at the regular meetings and the Delegate Conference each year. ' Requested Action: Appoint Executive Committee Vice -Chairman Jeff Miller earepresentative ho H.G, Legislative Platform Eigeritte A didjaja Page Background: WRCOG's Legislative Platform is presented for consideration. Requested Action: Approve 2003104Legislative Platform. 11.13 Source Reduction and Recycled Content Purchasing Policy Barbara8000nhour Pn0w The California Waste Management Bo rdhanohangeditaaoohngohtehafor competitive grants to increase the amount ofpoints awarded to jurisdictions that have awritten recycled content purchasing policy |nplace. Requested Action: Adopt the Source Reduction and Recycled Content Purchasing Policy. U.E VVRCOG Digital Photo Contest Eigeritte Adidjaja Pn0w 2004Proposo| Background: Staff proposes development ofanon-Uned|g|ta|pho0000nbsattoahowoaaothobeat of Western Riverside County. Requested Action: Authorize staff to proceed with implementation. �«�� ��� mmw�" REPORTS |.A M0HCP Status Report Rick Bishop Page ` Background: A status report on the G / be provded, as well as the JPA creating the` Regional Conservation Authority. Implementation Agreement and Amendment to the Requested Action: Y. Receive report. 2. Consider T4Crecommendation to approve draft JPA creatingthWestern Riverside County Regional Conservation Authority and recommend adoption by participating MSHCP jurisdictions, and to clarify that appointment authority for the RCA Executive Director should rest with the RCA Board ofDirectors. 111.113 TUMF Program Update Ruthanne Taylor Berger Page Background: Updates regarding the status ofanumber ofTUMFactivities are provided. Requested Action: Y. Receive report. 2. Approve the nine priorityRegionally Significant Arterial Corridors for the purpose of receivinconstruction credits against the /UM=Program $400 million obligation toHCTCpursuant boMeasure Arequirements. 3. Transmit the priority corridor list boRCTCfor consideration bythe RCTC Board ofDirectors, /ntheir priority corridor selection pursuant hothe $400 m0ionMOU. 4. Approve Work Program for Economic Evaluation ofTUMFFees in substantially the same form as contained in the draft in the amount of $25, 000. 111.13-1 TUyNF Administrative Plan U|.0 Dale West Page Background: The Administrative Plan for Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program was adopted by the Executive Committee on May 5.2003. |tisintended toserve anthe guideline for implementing the TUMF Program. |tinalso anticipated that the Plan would beamended from time totime to address changing conditions over the life ofthe Program. Requested Action: Y. Approve staff recommended changes bothe TUMFAdministrative Plan. 2. Adopt Resolution No. 032003-5. Report from League ofCalifornia Cities Po8a Regional Representative Dave Willmon Dave Willmon, the League of California Cities Regional Representative for Riverside County, will provide anupdate onactivities being undertaken bythe League of California Cities. Requested Action: Receive report. OTHER MATTERS IV. Items for Future Agendas Members Members are invited to suggest additional items to be brought forward for discussion at future Executive Committee meetings. V. General Announcements Members Members are invited to announce items/activities which may be of general interest to the Executive Committee. VI. Next Meeting: December 1, 2003 at 2:00 p.m. VII. ADJOURNMENT CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 3 Annexation No. 1D (Zi»no1D) ASSESSMENT SPREAD Parcel Identification (Lot m umber) Property Owner Name Pmvooau Land Use Code Assessable Acreage (acres) Asmt Units (AU) Street ueNo and Traffic Signals Park Maint. Landscape MainL - Storm Drain Maint Graffiti Removal Dollars perAO ($) Assessment per Parcel $ Lut11 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167�27 $18.44 $43.17 $15J0 $275.09 Lut12 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $10727 $18.44 $43.17 $1530 $275.08 Lot 13 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $16727 $18.44 $43.17 $15J0 $275.08 Lot 14 Western Pacific Housing, Inc. R1 n/a 1.00 $80.51 $18727 $18.44 $43.17 $15i70 $275.09 Lut15 VVex0arn Pacific Housing, Inc. R1 n/a 1.00 $80.51 $16727 $18.44 $4317 $15J0 $275.08` Lut1n Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15J0 $275.09` Lot 17 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43`17 $15.70 $275�09 Lot18 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $43.17 $15J0 '$275D9' Lut10 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $16727 $18.44 $4317 $15.70 m275D9 Lut2O Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $167.27 $18.44 $48.17 $15J0 $275.09 Lot21 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $16727 $18A4 $4317 $15J0 '*275.09 Lot 22 Western Pacific Housing, Inc. R1 n/a 1.00 $30.51 $16727 $18A4 $4317 $15J0 $275�V TOTALS, TRACT No. 3V658.including all phases 85.00 $2.583J0 $14.21735 $1.567.12 $3.609.77 $1.334.48 Rr.82 ANNEXATION No. 10TOTALG 177.00 $5.278.43 $30.537.47 $2.326.83 $7.87815 $2.878.31 '^^ $48,691.21 Current Ownership'. Western Pacific Housing, |nc..aDelaware Corporation Assessor's Parcel Numbers (\PN's)for both tracts: 438-050-057 438-050-065 439'180'028 433'180'028 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2, TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2003-2004 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON (ANNEXATION NO. 10) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks, and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lighting, street trees, parkways, median islands, city parks and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the same Improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No.1. WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: ORANGE/JR/7366 SECTION 1. SECTION 2. Findings. The CityCouncil of the City of San Jacinto finds that: (a) The foregoing recitals are true and correct; (b) The report of GFB - Friedrich and Associates, Inc. (the "Report") contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council; (c) The assessments, which are proposed to be levied for fiscal year 2003-2004 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, street trees, parkways, median islands, landscaping, parks, drainage facilities and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, street trees, parkways, median islands, landscaping, parks, drainage facilities and appurtenant improvements; (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1, and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2003-2004 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and ORANGE/JR/7366 SECTION 3. enforcement of county taxes shall apply to enforcement of the assessments. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 10 to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The property which is proposed to be annexed to the District and which comprises Annexation No. 10 is all the property which is within and subject to Tract No. 30658 in the County of Riverside and which is identified by Riverside County Assessor's Parcel Numbers 439-190-028 and 439-190-029 and all the property which is within and subject to Tract No. 30638 in the County of Riverside and which is identified by Riverside County Assessor's Parcel Numbers 438-050-057 and 438-050-065. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 10 will be designated as Zone 10 of the District ("Zone 10"). The boundaries of Annexation No. 10 or Zone 10 are further described and shown in the Report. The territory included within Zone 10 is ORANGE/JR/7366 SECTION 5. SECTION 6. SECTION 7. generally located south of Commonwealth Avenue and west of Arroyo Viejo Drive and at the southeast corner of Esplanade Avenue and Meridian Street in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of Annexation No. 10 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 10 for fiscal year 2003-2004. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 10 or Zone 10 of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles — Anaheim — Riverside Area; provided however that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one—half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessment ballots, which are to be mailed to the owners of assessable parcels of property in Annexation No. 10 or Zone 10, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. Hearing. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District ORANGE/JR/7366 SECTION 8. No.1, and the assessments which are proposed to be levied for fiscal year 2003-2004 is set for 7:00 p.m. on November 20, 2003, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation No. 10 or Zone 10 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 10 or Zone 10 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ORANGE/JR/7366 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGE/lFt:7366 I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20th day of November, 2003, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2003 Dorothy L. Chouinard, City Clerk ORANGE/1 Ri7366 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 AND LEVYING ASSESSMENTS (ANNEXATION NO. 10) WHEREAS, on November 20, 2003, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 10" and ''Zone 10,"and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the report of GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2003-04 upon assessable lots and parcels of land within the territory which comprises Annexation No. 10 to and Zone 10 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution No. , the City Council directed the City Clerk ("City Clerk") to cause notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon to be mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. , the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: ORANGE/JR/7368 SECTION 1. Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 10 is described in the Report and includes all of the property which is within and subject to Tract No. 30658 in the County of Riverside and generally located south of Commonwealth Avenue and west of Arroyo Viejo Drive in the City of San Jacinto, County of Riverside and all of the property which is within and subject to Tract No. 30638 in the County of Riverside and generally located at the southeast corner of Esplanade Avenue and Meridian Street in the City of San Jacinto, County of Riverside. SECTION 3. SECTION 4. Improvements. The improvements within and for the Assessment District and which shall be provided for Zone 10 of the Assessment District through the assessments levied annually on property therein shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals; (b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; (c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (d) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 10, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District ORANGE/JR/7368 SECTION 5. SECTION 6. No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 10 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 10 of the Assessment District. The territory comprising Annexation No. 10 and Zone 10 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 10 of the Assessment District for fiscal year 2003-04 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 10 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. , and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 10 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index -All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be leved on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 10 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 10. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ORANGE/JRI7368 ADOPTED, SIGNED AND APPROVED this 20th day of November, 2003. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGE/JR/7368 I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 20th day of November, 2003, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2003 Dorothy L. Chouinard, City Clerk ORANGE/JR/7368 TO: The Honorabl Mayor and Members of he City Council FROM: Bernie Simon — Finance Director SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and Payroll Checks RECOMMENDATION: By motion, approve the warrant register for the warrants and prepaid items and payroll checks issued since the last Council meeting, for the period ending November 20, 2003 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid # s Cycle Dates Payroll Checks Cycle Date 65670-65821 November 20, 2003 16081-16016 November 20,2003 Payroll information is available for Council review in the Finance Department. JUSTIFICATION: All warrants, pre -paid checks and payroll checks require Council approval. BUDGETARY IMPACT: Adequate funds have been budgeted to cover the subject expenses. ATTACHMENTS: 1 — Detailed listing of invoices paid and warrant register. App City Manager: Finance Director: Page 1 of 1 City of San Jacinto Warrant Register D ate:11 /20/03 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 65670 10/31/03 Cwea REQUEST 10/24/3 Workshop 11/4/03 055-4170-450.31-20 90.00 90.00 65671 10/31/03 Business bank of california REQUEST 10/31/3 Services rendered 054-0000-101.11-15 17,463.28 17,463.28 65672 10/31/03 Genesis construction REQUEST 10/23/3 REQUEST 10/23/3 REQUEST 10/23/3 REQUEST 10/23/3 REQUEST 10/23/3 Prog payment # 11 Prog payment # 11 Prog payment # 11 Prog payment # 11 Prog payment # 11 054-9000-450.40-01 054-9000-450.40-01 076-8900-410.40-01 075-8900-410.40-01 054-0000-210.20-25 83,368.80 1.00 54,757.80 36,505.20 -17,463.28 157,169.52 65675 11/4/03 First america title REQUEST 11/4/03 Order title durding park 010-2500-425.30-90 750.00 750.00 65678 11/4/03 Acapulco/el torito restaurants 04/05/2003 Gift certificates 010-2500-425.31-20 75.00 75.00 65679 11/4/03 Calpers REQUEST 11/04/3 Retirement contributions 085-0000-202.21-28 24,724.52 24,724.52 65680 11/4/03 Clarke, cynthia REQUEST 10/31/3 Travel reimbursment 010-3300-431.31-20 919.40 919.40 65681 11/4/03 Eye care of america REQUEST 11/4/03 REQUEST 11/4/03 REQUEST 11/4/03 Vision ins preim nov 2003 Vision ins preim nov 2003 Vision ins preim nov2003 085-0000-202.21-35 085-0000-202.21-36 065-0000-201.08-64 725.16 77.97 12.37 815.50 65682 11/4/03 Hartford life insurance companies REQUEST 11/4/03 Def comp contr 10/30/03 085-0000-202.21-29 4,037.16 4,037.16 65683 11/4/03 lcma retirement trust REQUEST 11/4/03 Def comp contr 10/30/03 085-0000-202.21-29 625.00 625.00 65684 11/4/03 Lanier, mary REQUEST 9/23/03 Mileage reimbursement 096-1700-417.31-15 61.37 61.37 65685 11/4/03 Lincoln life REQUEST 11/4/03 Def comp contr 10/30/03 085-0000-202.21-29 335.00 335.00 65686 11/4/03 Pacificare of california REQUEST 11/4/03 REQUEST 11/4/03 REQUEST 11/4/03 Health ins preim nov 2003 Health ins preim nov2003 Health ins preim nov2003 085-0000-202.21-39 085-0000-202.21-40 065-0000-201.08-64 29,403.83 3,923.85 477.43 33,805.11 65687 11/4/03 Platinium plus for business REQUEST 10/30/3 REQUEST 10/30/3 REQUEST 10/30/3 REQUEST 10/30/3 REQUEST 10/30/3 REQUEST 10/30/3 Oaks steak house -meeting Sizzler- meeting Dattillos - meeting Csmfo - confernece Cocos - lunch meeting Water enviro- conference 010-1200-412.31-20 010-1200-412.31-20 010-1200-412.31-20 010-1400-414.31-20 010-3100-431.31-20 055-4170-450.31-20 42.56 15.99 82.11 350.00 44.56 250.00 785.22 65688 11/4/03 Preferred benefit insurance admin. REQUEST 11/4/03 Dental ins nov 2003 085-0000-202.21-32 3,823.92 3,850.58 Page 1 City of San Jacinto Warrant Register Date: 11/20/03 Check Number Check Date VendorNamo Invoice Number Description Account Number Transaction Amount Check Total 65688... 11/4/03... Preferred benefit inouranceadmin'REQU EST 11/4/O3 Dental ins nov2003 065-0000-201.08'84 28.66 3.850.58... 85689 11/4/03 So. ca|dbrniaedioonco. REQUE8T11/O4/3 UU|dkyo 050'9000'450.35-40 30.171.29 30.171.29 85680 11/4/03 Standard insurance, the REQUE8T11/4/O3 Lihy.ed&d.std.|hdnovO3 085'0000'202.21'46 5.838.86 5.838.86 65881 11/4/03 Toyota financial services REQUEST 11/O4/3 Lease #O1O712O712O 083'1700'410.40'45 518.12 516.12 85882 11/4K03 Toyota financial services REQUEST 11/O4/3 Lease #O1O712S7154 0634700-410.40-45 518.12 516.12 65683 11/4/03 Verizonca|db,nia REQUEST 11/O4/3 Telephone 010'2500'425.35'60 3.696.61 3.69&61 85694 11/4/03 2amanipa.francioco REQUEGT1O/22/3 Dare state confer in 010'3100'431.31'20 411.24 411.24 65895 11/6/03 Si000n.dennio REQUE8T11/8/O3 Services rendered 0104200'412.37'05' 100.00 100.00 65688 11/6/03 Reliable delivery oenmieo REQUEST11K6/O3 Moving fees storage bin 010'2500'425.30'90 400.00 400.00 65897 11/6/03 Davis, bill &lulu REQUEGT11K}KJ3 Reimburoemebnfor energy 010'4150'410.3544 500.00 500.00 05688 11/10k03 Chouinard.donothy|. REQUEGT11/1O/3 Employee chriotmaoparty 010'1200'412.37'05 400.00 400.00 85700 11/12/03 Moreland & associates, inc. REQUEST 11/12/3 Cofmoaccttraining 010'1400'414.31'20 250.00 250.00 65701 11/13/03 Lavin, roberta. REQUEGT11/13/3 Bonus 010'4200'410.10'04 3.333.00 3.333.00 65704 11/20/03 Acce|a PA35780 Professional services 010'3300'431.40'45 12.000.00 12.000.00 65705 11/20/03 A|'okubobatractor 157472 Supplies 010'4150'41021'80 7.50 7.50 85700 11/20/03 Albert a.webbassociates 03'0782 Professional services 039'4155'410.40'01 32.750.00 32.750.00 85707 11/20/03 A|daba.pau|og REQUEGT11/5/O3 Reimbwater dep#1OO14O28 050'0000'229.08'70 60.00 80.00 65708 11/20/03 Allen tire company 164287 Supplies 010-4150'410.33'50 118.22 119.22 85709 11/20/03 American forensic nurses 16720 Analysis 010'3100'431.34'05 60.00 60.00 05710 11/20/03 American tire disposal inc. 2003-41789 Services rendered 010'4150'410.33'30 249.55 249.55 65711 11/20/03 Arch wireless yW8226464J yW8228464J N16226484J Telephone Telephone Telephone 010'3100'431.35'18 021'4150'410.35'18 050'9000'450.35'18 64.71 21.53 34.64 120.88 05712 11/20/03 Arrow printing 3473 3473 Office supplies Office supplies 010'1700'417.21'10 010'3300'43121'10 86.09 33.04 99.13 65713 11/20/03 Asphalt & concrete recycling 10772 Supplies 050'9000'450.33'30 110.00 110.00 65714 11/20/03 Ad&t 8TK8T1O/25/O3 8TyWT 10/25/03 Telephone Telephone 010'2500'425.35'18 010'3100'431,35'18 1.27141 1.092.34 3.088.89 City ofSan Jacinto Warrant Register Date: 1/2OX]3 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 65714- 11/20x03- At8L GTIVIT1O/25/O3 GTIVIT10/25/03 GTPWT1O/25/O3 8TyWT1O/25/O3 STyWT1O/25/O3 GTyNT1O/25/O3 Telephone Telephone Telephone Telephone Telephone Telephone 010'7400'425.35'16 021-4150'410-35'16 050-9000'450.35'16 010-2500'425.35'16 025'7252'410.35-16 010~6100-425-35-16 2828 5193 53.93 569.22 1528 2.52 3.088.89- 05715 11/20/03 B@ksystems 1310 Professional services 010'2500-425.33'05 62.50 82.50 85716 11/20/03 Blue ribbon plumbing 92554 Services rendered 010'3100'431.33'10 65.23 6523 65717 11/20/03 BuUer.dauna REC\UE8T11/5/O3 Reimbwater dep#3OO18OS1 050-0000'229.08-70 25.19 25.19 85718 11/20/03 But|er.||oyd REOUEST11/5/O3 Reknbwater deo#4OO18OS1 050'0000'229.08'70 2878 2879 65718 11/20/03 Cr&rincorporated 12288 12288 12289 Services rendered Services rendered Services rendered 010'4150'410.33'30 050'9000'450.33-30 010-7100'410.33'30 13170 13170 131.70 395.10 65720 11/20/03 Co|ed 10C23/03 Adwertisment 010'1210'412.36'25 450.00 450.00 65721 11/20/03 CaUavvaymohoroporto 99111315 Auto repair 010'3100'431.33'50 75.37 75.37 65722 11/20/03 CasteUano'otowing &recovery 45156 Towing fees 010'3100-431.34-11 45.00 45.00 65723 11/20/03 Chamber ofcommerce 103509 State ofvalley luncheon 010'2500'425.31'20 340.00 340.00 65724 11/20/03 Christie steel fabrication 8367 Supplies 010'4150-410.33-30 18.32 18.32 85725 11/20/03 Christopherson fire protection 16280 Gal fire system service 010'7400'425.34'05 90.00 90.00 65726 11/20/03 Commenoo O18NA50211059 O1/NA50211080 yWaintbilling nov2003 Maintbilling nov2003 010'3100'431.34-05 010-3100-431.34'05 86.10 54275 628.85 65727 11/20/03 Comtronixofhempd 40387 40457 Radio equipment Supplies 010'3100'431.40-45 010-3100-431.33'50 8.523.03 27326 8.796.29 85728 11/20/03 Construction beatitng&engineering 1O318 Professional services 022'4150'410.40'01 1.710.00 1.710.00 65729 11/20/03 Costco'hamecu|a 11/04/03 11/04/03 Supplies Supplies 010'2500-425.21'10 010-1200-412.2140 135.46 59.25 19471 65730 11/20/03 Cutting edge staffing 15135 15089 Temp employee Temp employees 010'3300-431.30-30 010-3300'431.30'80 1.853.69 1.962-32 3.816.01 City ofSan Jacinto Warrant Register Date: 11/20/03 Check Number Check Date VendurName Invoice Number Description Account Number Transaction Amount Check Total 65731 11/20/03 O.mz. tree care 7/22/03 9/22/03 Professional services Professional services 032-7150'410.40'01 032'7150'410.40'01 840.00 420.00 1.260.00 65732 11/20/03 Daniel m. b|umberg. ph 9/30/038TIVIT Eva |uadun 010-1210'412.30'90 175.00 175.00 65733 11/20/03 Darmarawandm 3781 Supplies U1U-11OO'411.21'1U 1078 1078 65734 11/20/03 David baummig&associates, inc. 3100084 Professional fees 033'8850'450,30'90 13.104.29 13.104.29 65735 11/20/03 Deapdmentufpesticide regulation RE{]UEGT11/3/U3 Registration fees 010'4150-410.31'20 60.00 60.00 65738 11/20/03 Oeweymervinem.inn. 8TMT9/24/O3 GTyWT 9/24/03 Pest control Pest control 010'2500'425.34'05 010'1700'417.34'05 40.00 30.00 70.00 65737 11/20/03 Diederinh.drew REQUEST 1U/28/3 Reimburse water dep 050'0000'308.09'10 9.77 9.77 65738 11/20/03 DU|berQ.kenneth REQUEST 11/5/U3 Reim bwater dep#2UU13O44 050'0000'229,08'70 6.02 6.02 65739 11/20/03 Drummond, inc. GTyWTAUG'8EPT Services rendered 010'1210'413.30'90 2.576.37 2.576.37 65740 11/20/03 E.m.babnuck&sons, inc. AJ31901'0278 AJ31359'0278 Analysis Analysis 050'9000'450.30'90 050'9000'450.30'90 120.00 60.00 180.00 65741 11/20/03 Eastern municipal water district 10493'1015 Cost sharing plan imp|ent 052'9000'450.40'01 13.500.00 12.500.00 65742 11/20/03 Eastern municipal water district 10/09/03919980 Utilities 025'7100'410,35'10 18.86 18.86 65743 11/20/03 Evident crime scene products 15911A Supplies 010'3100-431.21'18 44.50 44.50 65744 11/20/03 Fain.thumam RE<JUEGT11/5/U3 Reim bwater dep#1UUU4U12 050'0000'229.08'70 20.07 20.07 65745 11/20/03 Family sport &fitness 57 57 57 57 57 57 57 57 57 57 57 Nuvember2OU3 Nuvember2UU3 Nuvember2UU3 Nuvember2UU3 Nuvember2UO3 Nuvember3OU3 Nuvember2OU3 Nuvember2UO3 Nuvember2OU3 November2OU3 Nuvember2UU3 O1U'31UU-431.11'1U 010'3300'431.11'10 010'7400-425.11'10 U21'415U-41U.11'1U 025'7250'410.11'10 050'8000'450.11'10 085'0000'202.21'76 096'1700'417.11'10 099-1700'417.11'10 U1U'111O'411.11'1O U1U'12UU'412.11'1U 440.00 30,00 10.00 70.00 10.00 90.00 40,00 30.00 10.00 20.00 20.00 850.00 City of San Jacinto Warrant Register Daha11C2OK}3 Check Number Check Date VendodWeme Invoice Number Description Account Number Transaction Amount Check Total 85745- 11/20803- Family sport @fitneso- 57 57 November2003 November2003 O1O'14OO'41411'1O O1O'17OO'417.11'1O GOOO 20.00 850.00- 05746 11/20/03 F|eetmamiceo JUNE2003 JUNE2003 JUNE2003 JUNE2003 JUNE2003 JUNE2003 JUNE2003 JUNE2003 JUNE2003 JULY2003 JULY2003 JULY2003 JULY2003 JULY2003 JULY2003 JULY2003 JULY2003 JULY2003 Gaoon|ine ]une2003 GaoonUne june2UO3 Gaoon|ine ]une2UO3 (3aoon|ine ]une2003 G000n|ine june2003 (3aaon|ine ]une2003 Gason|ine ]une2003 Gaoon|ine]une2003 (3aoon|ine ]une2UO3 (3aoon|)ne ju|y2003 G000n|ine ju|y2003 Gaoon|ine ju|y2003 Gaoon|ine ]u|y2003 Gaoon|kle ]u|y2003 Gaoon|ine ju|y2003 Gaoon|ine ]u|y2003 Gason|ine ju|y2003 Gaoon|ine ]u|y2003 010'1200'412.33'50 010'1400'41421'10 010'3100'43121'70 0984700'41721'70 010'1700~417.21'70 010'4150'410.21'70 010'7100'410.21-70 050'9000'450.21'70 099'9700'4702140 0104200'412.33'50 010-1400'41421'10 010'3100'431.21'70 096'1700~41721'70 010-1700'41721'70 010-4150'410.21'70 010-7100-410.21'70 050-9000~450-21'70 099'9700'470.21'10 36.44 53.43 3.003D0 5578 54.94 388.39 334.41 981.88 19.59 2324 56.51 3.952.62 118.02 8371 427.19 387.10 1.016.83 9177 11.084.83 65748 11/20/03 Fnx&oohagi.||p 5275 Professional fees O1O'1111'411.3O'SO 108.46 108.46 85749 11/20/03 Grant.otio 10/20/03 Reimbummenttudinn 010-3100'431.31'20 15�00 15D0 65750 11/20803 Graves & king Up 9/30/03 Attorney fees 020'2200'419.30'90 928.67 928.87 65751 11/20/03 Gnaen.debbie RE(JUEST 11/GX}3 Reim bwater dep#2OO29O52 050'0000'229.08'70 49�54 49.54 65752 11/20/03 Guth labs, inc. 0316261 Services rendered 010'3100'431.21'19 131.50 131.50 65753 11/20/03 Guderrez.joe 10/29/03 Reimbunamenttuitinn 010'3100-431.31'20 15.00 15D0 65754 11/20/03 Hemet valley medical 11000289725 Medical services 010-3100'431.30'90 5.085.87 5.085.87 85755 11/20/03 Hemet valley tool &supply 85914 65931 Supplies Supplies 050'9000'450.21'35 050'9000'450-33'30 7.49 74.34 218.89 City of San Jacinto Warrant Register Check Number Check Date VendodWame Invoice Number Description Account Number Transaction Amount Check Total 85755... 11/20X03... Hemet valley boo|&oupp|\'.. 65903 `Supplies 050'9000'450.33'50 134.86 216.69... 65756 11/20/03 Hernandez, angelica REOUE8T11/5X]3 Reimbwater dep#4OOO8O55 050'0000'229.08'70 11.35 11.35 65757 11/20/03 HerhnOton.gnmg 10/2903 Reimbunomenttuition 010'3100-431.31'20 15.00 15.00 85758 11/20/03 Hug|e'ina|and 6289 6289 6289 6288 6289 Professional services Professional services Professional services Professional services Professional services 010'1700-417.30'90 010'1700'417.30'90 010'1700'417.30'80 010'1700'417.30'80 010'1700-417.30'90 2.108.75 85.00 85.00 813.75 1.292.50 4.480.00 65759 11/20/03 Home depot credit services 129246 8upp|kao 010'4150'410.33'30 164.40 164.40 65760 11/20/03 Horizon water S/24/O3CITY HA 7/29/03POL|CE 8/25/03 POLICE Utilities Utilities Utilities 010'2500'425.21'10 010'3100'431.36'10 010'3100-431.35'10 85.60 74870 266.60 1.100.80 65761 11/20/03 Hutchinson, jamesc REQUEST11/5/O3 Overpay inantacchu255O2 050'0000'308.09'10 27.87 27.87 85762 11/2003 Industrial concrete cutting corp. 11466 11480 Services rendered Services rendered 010'2500~425.33'05 010'2500'425.33'05 405.00 245.00 650.00 65763 11/20/03 Jon'oflag shop F30897 F|ag'o3ea 096'9700'470.40'01 379.82 379.82 65764 11/20/03 Jones, e|izabethann'marie REC>UE8T11/5/O3 Reim depacct#GOO23O33 050'0000'229.08'70 12.76 12.76 65765 11/20/03 Kammeyer&associates inc. 6151 Professional services 022'4150-410.40'01 3.792.50 3.792.50 65766 11/20/03 Karl's tractor service 1/25/03 10/2003 10/20003 Weed abatement Weed abatement Weed abatement 105'3320'431.34'05 105'3320'431.34'05 105'3320'431.34'05 464.25 145.00 916.40 1.525.65 65767 11/20/03 Kimme|france REQUE8T11/5/O3 Reimbwater dep#1OO25OO8 050'0000'229.08'70 148.91 148.91 65768 11/20/03 Kimme||.france REQUEST 11/5/O3 Reim bwater dep#2OOO22O8 050'0000'229.08'70 122.61 122.61 65769 11/20/03 Lachemcia| 259916 260882 Supplies Supplies 050'9000-450.33'30 050'9000'450.33'30 1.790.90 1.846.48 3.437.38 65770 11/20/03 Lancaster inspection services 03'021 Oct 27.O3tonuvO7.O3 010'3300'417.10'04 2.964.00 2.964.00 65771 11/2003 Lavin, ruberta. 11'03 October2003 010'4200'410.10'04 3.220.00 3.220.00 65772 11/20/03 Local government commission N'22152'03'[N Membership renewal 010'1700'417.30'16 75.00 75.00 City of San Jacinto Warrant Register Dohe11CZO/O3 Check Number Check Date VendnrNoma Invoice Number Oaaohpdon Account Number Transaction Amount Check Total 65773 11/20X03 Long beach uniform co. 558213 550840 Uniform supplies Uniform supplies 010'3100-431.21'35 010'3100'431.21'35 657.22 657.22 1.314A4 66774 11/20803 Lsoassociates, inc. 53366 Professional services 0104700'417.30'80 14.657.50 14.657.50 65775 11/20/03 K8ochoma.odhono&a|ioo REC>UEGT11/5/O3 Rahnbwater dao#3OO27O2O 050'0000'228.08'70 154.02 154.02 65776 11/20/03 Martinez, tom &ha|an RE(JUEGT11/6/O3 Reim bwater dap#22441 050'0000'229.08'70 18.41 18.41 65777 11/20/03 Micro mobile 8747 Supplies 010'4150-410.33'50 78.31 78.31 65778 11/20/03 Mission uniform services, inc. 17865550 17968548 17968547 17968548 17968566 17969565 17988568 Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies 010'4150-410.21'35 010'7100'410.21'35 050'9000'450.21'35 010'4200'410.21'10 010'4200'410.21'10 050'9000'450.21'35 0104150'410.21'35 45.64 16.57 60.40 5.67 5.67 54.46 46.50 234.81 65778 11/20/03 Overnight industrial 21217 21142 21479 Supplies Supplies Supplies 010'7400'425.21'10 010'4150'410.21'80 010'3100-431.21'30 200,42 131.30 207.53 539.25 65780 11/20/03 Pacific alarm svo..inc. 38168 Alarm services 010'3100'431,21'18 26.00 26.00 65781 11/20/03 Patton automotive 17204 Auto repair 010'3300'431.33'50 688.75' 688.75 65782 11C20/03 Pidgaon.|iso RE(JUEGT11/5/O3 Raimbwater dap#10OO5O8S 050'0000'228.08'70 12.93 12.83 85783 11%20/03 Pierce plumbing 30348 30377 Supplies Supplies 010'4150'410.33'30 010'4150'410.33'30 68.57 15.05 84.62 65784 11/20/03 Pip printing 66005 Office supplies 010'1700'417.21'10 167.77 167.77 65785 11/20/03 Ruta|aoomm 10984 10989 11006 11028 Services rendered Services rendered Telephone Telephone 010'3100'431.30'80 010'3100'431.30'80 010'3100'431.21'10 010'3100'431.21'10 80.50 35.50 68.41 60.50 254.91 65780 11/20/03 Press enterprise 665643 665645 Advartiomant Advartiomant 086'1700'417.36'25 086'1700'417.36'25 283.20 398.25 3.382.65 City of San Jacinto Warrant Register Ooba:11C20/O3 Check Number Check Date VendorNamm Invoice Number Description Account Number Transaction Amount Check Total 65786- 11C20/03- Preooenbarprise- 886209 685845 665845 2048873 2045758 2061182 2061183 685214 GTK8T 10/31/03 GTK8T1U/31/O3 GTK8T1O/31/O3 Advertismerd Advedismerd Advertioment Advertioment Advertioment Advertioment Advertioment Advertioment Advertioment Advertioment Advedioment 010'1700-417.36'25 096'1700'417.36'25 096'1700-417.36'25 010'1700'417.36'25 010'1700'417.36'25 010'1700'417.36'25 010-1700-417.36'25 098'1700'417.38'25 010'1700'417.36'25 010'1700'417.38'25 O1O'111O'411.3G'25 280.00 420.75 420.75 63.70 110.00 58.20 58.20 1.912.50 '54.00 '93.05 '475.85 3.382,65- 65787 11/20/03 Public service skills, inc. 10/22/03 Professional service 010'1210'412.30'90 100.00 100-00 65788 11/20/03 Quality auto parts O603214 O831867 D630452 O829280 Supplies Supplies Supplies Supplies 050'9000'450.33'30 050'9000'450.33'50 050-9000'450.33'30 050'9000'450-33'50 6.44 5.38 6.01 5.79 23.62 65788 11/20/03 Oueh.fionno REQUEGT11/5/O3 Reim bwater dep#4OO2258 050'0000'229.08'70 30.33 30.33 65790 11/20/03 Quick &clean 8132 Dry cleaning fees 010'3100'431-30'90 41.60 41.60 65781 11/20/03 Reliable RCV95700 YT446400 YT446400 YTF48100 CRC}39298 CRQ41300 Office supplies Office supplies Office supplies Office supplies Supplies Office supplies 010'2500'425.21'10 010'1200'412.21'10 010'4100'410.21'10 O1O'121O-412.21'1O 010'2500'425.21'10 010'2500'425.21'10 107.64 4046 21.71 54.23 '35.45 35.45 224.04 65792 11/20/03 Riverside county sheriffs 8HOU00001356 Auto repair 010'3100'431.30'19 2.428.80 2.428.80 65793 11/20/03 Rkengineering group, inc. 2003'477 2003'478 Professional services Professional services 022'4150'410.40'01 022-4150'410.40'01 742.28 339.78 1.082,06 65794 11/20/03 Rod'oautomotive performance 131023008 131015004 Auto repair Auto repair 010'3100-431.33'50 010'3100'431.33'50 208.74 356.08 2.734.02 City ofSan Jacinto Warrant Register Oohe:11CZOXJ3 Check Number Check Date Vendo,Nome Invoice Number Description Account Number Tnon000Uon Amount Check Total 65794- 11/2003.' Rod'mautomotive performonce... 131023005 131O24OOG 131027005 131104002 131106006 131023007 131027006 131027007 Auto repair Auto repair Auto repair Auto repair Auto repair Auto repair Auto repair Auto repair 010'3100'431.33-50 010'3100-431.33'50 010-3100-431.33'50 010-3100'431.33'50 010'3100'431.33-50 010'3100'431.33'50 010-3100'431.33'50 010'3100'431.33'50 279.78 172.29 410.27 189.30 237.76 785.04 60.69 34.07 2.734.02- 65795 11/20/03 Ronenmwnpevocekgroup inc. 13448 13449 Professional services Professional services 010'1700-417.30'90 010'1700'417.30'90 1.215M 487.50 1.702.50 65796 11/20X03 San dkaQorotary broom co. 89141 Supplies 056-4150'410.21'70 172.40 172.40 65797 11/20/03 Sharps ace hardware 638341 Gupp|kyn 050'9000'45033-30 10.11 10.11 85798 11/20/03 Sheppard, bill REQUEST11/503 Reimbwater dep#GOOO8O74 050'0000-220.08'70 54.17 54.17 65799 11/2003 Smart &final 11355 11355 Office supplies Office supplies 010-1700'417.2140 010-3300'431.21'10 9.58 9.59 19.17 05800 11/2003 80. co|Ubrniagas co. 10/2203103186 Ub|)itiem 010'2500'425.35'12 14.07 14.07 65801 11/20/03 Solis, oobino&nome,osal RE(JUE8T11/5/O3 Reimbwater dep#3OOOGO77 050'0000'229O8'70 3.01 3.01 65802 11/20/03 South kern machinery 579121 Supplies 010'4150'410.33'50 347.97 347.97 65803 11/20/03 Staples credit plan 00706 00706 71419 71418 71419 71410 |F12645001 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies 010'1700'417.21'10 010-3300'431.21'10 096-1700-417.21'10 010'1700'417.21-10 010-3300'431.21'10 010'3320'431.21-10 010-2500-425.2140 54.83 23427 108.89 108.89 108.89 108.87 530.35 1.254.99 65804 11/20/03 Starner, edword|. 10012003 Interim supervisor 050'8000-450.10'04 1.515.00 1.515.00 65805 11/20/03 State ofco|iforniadeptofjustice 449516 Ano|yisis 010-3100'431.34'05 280.00 280.00 65806 11/2003 Stsborbron 1211030 Groceries /meals 010-3100-431.21'10 33.55 74.11 City ofSan Jacinto Warrant Register Date: 1/2DX}3 Check Number Check Date VondorNama Invoice Number Description Account Number Transaction Amount Chock Total 65808... 11/20/03.' 8tabarbroo- 1211030 Groceries /meals D1D'31DD'431.2141 ' 40.56 74.11.' 65807 11/20/03 8toricyc|o 0002504226 Analysis 010'3100'431.34'05 65.54 65.54 65808 11/20/03 Stetson engineers inc. 11873 Professional services 050'8000'450.40'01 2.710.88 2.710.88 65808 11/2003 Stetson photo 1003 Services rendered 010'3100'43130'15 167.77 16777 65810 11/20/03 Strattonejanitorial service 616348 616348 816347 Cleaning fees oc 2003 Cleaning fees oct2DD3 Cleaning fees oct2DD3 010'1700'417.34'05 010'2500'425.34'05 010-7400'425.34'05 600.00 475.00 580.00 1.665-00 65811 11/20/03 8ummons.etephanio REQUEST 11/5/D3 Reim bwater dop#8OD22D55 050'0000'229.08-70 130.98 130.88 65812 11/20/03 Sunrise air conditioning 15018 14926 Professional services Services rendered 086'1700'417.33-10 010'2500'425.33'10 147.50 85.06 232.56 65813 11/20/03 Templeton, jack REQUEST 10/23/3 Travel advance 11/21'23 010'1400'414.31-15 76.82 76.82 65814 11/20/03 Thompson publishing group 805305570 Subscription dues D1D'111D'411.21'1D 86.20 86.20 65815 11/20/03 Tire's warehouse ofhomot 5034 5100 Auto repair Auto repair 010'3100'431.33'50 010'3100'431.33-50 85.18 340.71 425.89 65816 11/20/03 Tri buick pontiac gmc BUC861489 Auto repair 010'1700'417.33'50 448.80 448.80 65817 11/20/03 Tri'|akoconeu|tanto. inc. 1614 1682 1681 1617 1612 1705 1707 1708 1708 1712 1713 1714 1715 1717 Professional oonvicoe Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services 010-1700'417.30'80 022'4150'410.40'01 022'4150'410.40'01 052'9000'450.40'01 065'0000'201-06'47 010'4100'410.30-80 022-4150'410.40'01 054-8000'450.40'01 054-8000'450.40'01 038'4155-410.40'01 054-9000'450.40-01 022'4150'410.40'01 022'4150'410.40'01 022'4150'410.40'01 5.600.00 85.00 285.00 320.00 3.212.53 3.189.54 1.280.68 1.377.50 2.901.56 920.00 89Z50 570.00 1.352-50 2.100.00 31.847.31 City of San Jacinto Warrant Register Check Number Check Date VendodNome Invoice Number Description Account Number Transaction Amount Check Total 65817— 11/20V03— Th-loheconsultants, hnc—. 1683 1716 1705 Professional services Professional services Professional services 052'9000'450.40-01 052'8000-450.40'01 021'4150-410.30'90 197.50 4.575.00 3.068.00 31.847.31- 65819 11/20/03 Underground service alert 03100684 Population charge 050'9000-450.30'80 227.50 227.50 65820 11/20/03 Western fire co. 28232 Professional services 096-1700-417.3340 177.50 177.50 65821 11/20/03 Xerox corporation 098805194 Lease oncopier 0104700~417.34-05 1.15135 1.15135 Total Checks 500.738,34 Poge11 MINUTES SPECIAL MEETING SAN JACINTO CITY COUNCIL concurrent with HEMET CITY COUNCIL AUGUST 21, 2003, 6:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order Following a joint dinner with the City of Hemet's Council and staff, Vice Mayor Carlson-Buydos called the Special Meeting of the San Jacinto City Council to order at 6:22 p.m. Mayor Lori Van Arsdale called the Hemet City Council to Order at approximately the same time noting all Council was present (Marge Tandy, Roger T. Meadows, Robin Reese Lowe) with the exception of Lyle Alberg. Steve Temple, City Manager; Steve Clayton, City Clerk; and Sara McComas, Deputy City Clerk were present among other City of Hemet Staff. 1.2 Roll Call Present: Chris Carlson-Buydos, Ken Shaw, Dale Stubblefield Absent: Jim Ayres, Jim Conner 2. PUBLIC COMMENTS None 3. PUBLIC HEARING None City Cou Special Meeting Minutes August 21, 2003 Page 2 of 6 CITY DEPARTMENTS 4.1 Multi Species Habitat Conservation Program (MSHCP) Discussion to include development of MSHCP Joint Powers Authority (JPA) Mayor Van Arsdale commented that there has been lots of meetings and previous discussions on said issue. The Farm Bureau has raised issues, as well as the City of Lake Elsinore, among others. Richard Lashbrook, Director of Transportation and Land Management Agency for Riverside County, gave a summary of the Board of Supervisors meeting when they acted to adopt the County's MSHCP. They are working on a commitment from Fish and Wildlife's decision to make it finalized by the end of September. The County is asking cities to take formal action, including an approval of an implementing agreement and approve the JPA. Their final vote was to have WRCOG as the base. After the County's adoption (3) three lawsuits were filed. BB&K (Best Best & Krieger LLP) is defending the County. Vice Mayor Carlson-Buydos expressed concern if the City signs off in light of the suits; and what will happen at the end of September if they haven't signed off. She questioned if the permits would be ready at the same time. Mr. Lashbrook responded that for that to happen they would have to have all the citiescommitment that they are going to participate. The administrative program, Mr. Lashbrook noted, has been drafted in an implementing resolution to be distributed shortly. The planning directors have seen it. City Manager Temple questioned the difference between critical habitat versus general habitat protection as it relates to wetlands. Mr. Lashbrook commented that Fish & Wildlife service has been under challenge for a number of their critical habitat designations. Recently, they have been changing some of these designations. Most recently some of the vernal pool species are the newest changes. Once they roll back the critical habitat designation and then no new critical habitat will apply during the process. Council Member Stubblefield noted the County has to do a biological study: He questioned if each jurisdiction will have to do a similar study. Will the one doing the study be changed or others added onto the requirements? In his opinion, this appears to add a lot more red tape. Mr. Lashbrook commented the MSCHP does impose an implementation structure. The determined levels are available on the web. If in an area, then there is an administrative process for how it affects the criteria. He City COL Special Meeting Minutes August 21, 2003 Page 3 of 6 explained how the different levels (steps) on the web work providing information for the applicant. If in the criteria area then another step is required and each local jurisdiction will be responsible. Vice Mayor Carlson-Buydos questioned the one in tonight's handout. Mr. Lashbrook commented he doesn't recognize it as something WRCOG generated. Vice Mayor Carlson-Buydos continued: • the concerns raised tend to give the impression that it will be determined at a higher level; • the concerns about an accelerated schedule's when and where are not clear; and • the concerns about cities being involved early and then dragged into litigation haven't been adequately addressed. She believes it is prudent to understand all of it before signing and involving the cities, and not just reacting to a deadline. Mayor Van Arsdale commented representatives from the Property Owners Organization, the Farm Bureau, and Lake Elsinore wanted to speak. Bruce Culvert, President of the Property Owners Organization Riverside County - introduced the balance of those that were going to speak. Mr. Watenpaugh will be addressing the fiscal impacts to the cities. Attorney Stroud will be addressing the loss of local control, the impacts of the plan on site and criteria areas and a comparison of the project approval process. Hassaum Oxnard will be speaking on the impacts outside of the areas. And Cindy Domenogoni will be representing the impacts to local farmers. Lake Elsinore City Manager Richard Watenpaugh gave a brief summary of the impacts to their city based on the methodology of numbers in the proposed MSHCP. To determine the sample they used four large specific plans with single family units only — no commercial was incorporated in this scenario. The amount is $205: This only speaks to property and sales tax only per capita. Based on the 6,500 units lost, it would mean a loss over 30 years of $126,000,000 gross revenue or a little over $4 million annually. He noted that this is nothing scientific, just thinking through the process and putting it to numbers. Manager Watenpaugh noted they will lose operations and maintenance dollars for fire and police because of the fees that will go away. With their development agreement fees plus these three others $229,000,000 or $7 million per year will be lost. He noted this is not scientific but it is why cities need to review with their own numbers. He then invited to exchange information if anyone wanted to contact him. Attorney Stroud believes adopting the MSHCP will require a General Plan amendment. If the General Plan is to be amended then the cities cannot City Cou Special Meeting Minutes August 21, 2003 Page 4 of 6 meet the County's deadlines. And secondly, the EIR does not address issues local to each city and the impact to the city because the County's EIR is under litigation. Mr. Stroud noted Council Member Stubblefield's concerns about the bureaucracy being created and that bureaucracy is going to be assumed by the city. He gave the following example: If a person is putting in a pool what would be required in the growing bureaucracy for a simple grading permit. Something as straightforward as a pool grading permit will have to go through the MSHCP bureaucracy. If it is not in the criteria area, the applicant still has to show compliance in the protection of species associated with riparian areas and vernal pools; has to assure compliance with policies for protection of plant species; assure compliance with additional surveys and procedures. The Borrowing Owl has some habitat that falls into very large areas. That triggers another series of requirements to prove there are or are not threatened species. Mr. Stroud then went through the requirements if the applicant has some property in the protected areas. The criterion is to give it up or purchase it — to purchase takesl-4 years and potentially then another 2 years for a decision to know if it is accepted. In Mr. Stroud's opinion the cost to administer is unknown: Cities are going to be required to act as biologist, land appraiser, and real estate agent, as far as acquiring the property. Whoever the entity that is selected is going to be making findings on all these projects, as to whether they are consistent with MSHCP. MSHCP is seen as loss of local control. If wildlife agencies disagree it can take away the city's ability to take in large or small areas, according to Mr. Stroud. The mitigation now is known what is required and what would be required is unknown. A criteria based program vs a species based was noted. (The present proposal is criteria based.) In their opinion the MSCHP potentially always looks to take larger amounts of land. Their firm has studied it in detail and expressed willingness to answer questions. Cindy Domenigoni, President Farm Bureau, spoke regarding the tenant farming issue the MSHCP brings. It is only one of the Farm Bureau's many concerns. Ms Domenigoni noted the Farm Bureau is an opponent and they are proceeding in a class action against it. Agriculture falls into the commercial category in the cost per acre(s) or $5,620. It would also a cap on how much agricultural land would be allowed criteria area or 10,000 in 329,000 acres for 75 years. According to Ms Domenigoni, what is required of the farmer or their lessee means that they can't do anything but farm for five (5) yrs. It is believed it City Cou. Special Meeting Minutes August`21, 2003 Page 5 of 6 will prematurely shut down tenant farming because some of these leases are one (1) year or less. Ms Domenigoni noted the Farm Bureau asked the County not to penalize the agricultural community: They have not received a response. She continued that what was presented as freeing up land outside of the criteria area, but what it is looking like, is not that. Ms Domenigoni highlighted the issues of agriculture outside of the criteria and the impacts. Ms Domenigoni reviewed the cost if a farmer expands and the cost of a new farmer coming into this area. Another issue under this plan is captive breeding is allowed next to farms: Farmers have grave concerns about the potential hazards this will have on the livestock and crops. She then quoted statistics about the importance of agriculture in Riverside County: It ranks 9th out of 58 counties (total of counties in California); It holds number 2 position out of 3,000 nationally; the 2002 crop report, reported $1,500,000,000 in gross agricultural products. That dollar amount is turned over at least three times in everything from processing, storing and transporting. Ms Domenigoni noted the contribution agriculture makes to the local economy and that is an important industry to protect. Bruce Culvert, Property Owners Association of Riverside County, informed the Councils that the Association is responsible for the handout regarding the flow chart process. City Manager Temple left the meeting at 7:05 p.m. Mr. Culvert explained the Burrowing Owl problem— 90% has to be set aside. The yellow highlights of the handout show where the cities lose local control. His organization believes it is a power grab from local jurisdictions. Other concerns Mr. Culvert expressed: • Less than half is funded, $ 53,000,000 and $ 56,000,000 is left unfounded; • Cost to each home; • Impact to commercial development; • The cost may have to be increased to fund the $ 56,000,000 balance; • The proposed fee $4,172 per new dwelling and another for agricultural lands. The collection of fees, according to Mr. Culvert, is going to be difficult to collect based on other similarly imposed fees. Councilwoman Lowe suggested scheduling another meeting and the need to have a discussion with their own legal counsel. She needs to know more about how the suit impacts those that sign on. Council Members Tandy and Meadows concurred with Councilwoman Lowe's assessment. Vice Mayor Carlson-Buydos thanked the Hemet Council for participating. City Cou. Special Meeting Minutes August 21, 2003 Page 6 of 6 And, she too, agreed an analysis needs to be done; and the impact to hold ininformation. timeline abeyance until San Jacinto has more Mayor Mayor Van Arsdale agreed and restated the concern about Hemet buying into a program that is already involved in lawsuits. 5. CONSENT CALENDAR None 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS None 7. CLOSED SESSION None 8. ADJOURNMENT Council Member Lowe moved to adjourn and was followed by Council Member Meadows second. Mayor Van Arsdale adjourned the Hemet City Council meeting at 7:15 p.m. Following Council consensus, Vice Mayor Carlson-Buydos adjourned the Special Meeting at 7:15 p.m. City of San Jacinto by Chris Carlson-Buydos, Vice Mayor ATTEST: Dorothy L. Chouinard, City Clerk TO: FROM: Tim HuIts, Community Development Director SUBJECT: The Honorable Mayor and Members of the City Council Ordinance 03-28 — Second reading and adoption of Ordinance 03-28 of Planning Ordinance Amendment No. 02-03, which amends Ordinance 340, Article 4.05, Residential Districts, and Article 5, Standards for Second Units, to provide for second units as required by State law. RECOMMENDATION: By motion, adopt Ordinance No. 03-28 approving Planning Ordinance Amendment No. 02-03 and by further motion read by title only. An Ordinance of the City Council of the City of San Jacinto, California, amending Article 4.03 (Residential Districts) and Article 5 (Standards for Second Units) of the zoning ordinance of the City of San Jacinto, Ordinance No. 340, to allow second units by right in residential zones, as required by State law. BACKGROUND: On November 6, 2003, the City Council approved Planning Ordinance Amendment No. 02-03 and introduced Ordinance No. 03-28. ENVIRONMENTAL ANALYSIS: Categorically exempt per Section 15282 (I) of the CEQA Guidelines: "(i) The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Section 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code." App •v City Manager: Page 1 of 2 Finance Director: DISCUSSION: AB 1866 (Chapter 1062, Statutes of 2002) became effective as of January 1, 2003. This legislation amended the Government code pertaining to second units to provide that local jurisdictions must allow second units in residential zones where single-family residences are permitted. Local jurisdictions have the option of adopting their own ordinance, providing it is consistent with the legislation, or applications for second units must be permitted according to criteria contained in the legislation. The legislation further states that every local agency shall grant a variance or special use permit for the creation of a second unit if it complies with the criteria. The legislation specifically substituted "special permit" for "conditional use permit". The ordinance amendment proposal attached hereto amends the City's Article 4.03 to delete the requirement of a CUP for a second unit and make them permitted uses (Exhibit "A"), subject to Article 5 setting forth standards for second dwelling units. Article 5 has been amended to be consistent with the new law (Exhibit "B"). Attached is further information provided by the State Department of Housing and Community Development (HCD). BUDGETARY IMPACT: None ATTACHMENTS: Ordinance No. 03-28 Information from State Department of Housing and Community Development Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING ARTICLE 4.03 (RESIDENTIAL DISTRICTS) AND ARTICLE 5 (STANDARDS FOR SECOND UNITS) OF THE ZONING ORDINANCE OF THE CITY OF SAN JACINTO, ORDINANCE NO. 340, TO ALLOW SECOND UNITS BY RIGHT IN RESIDENTIAL ZONES, AS REQUIRED BY STATE LAW THE CITY COUCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 9, 2003, the Planning Commission conducted a public hearing and recommended approval of an ordinance to amend Article 4.03 and Article 5 of the San Jacinto zoning ordinance, Ordinance No. 340, to provide for second units as a permitted use in residential zones as required by State law. Section 2. General Plan consistency findings. The City Council of the City of San Jacinto hereby finds and determines: A. Section 65852.2 (b) (5) of the Government Code states: "(5). A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the general plan and zoning designations for the lot. The second unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth." B. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds this Text Amendment is reasonably related to the public welfare of the citizens of the City of San Jacinto and the surrounding region because it will provide a measure of local control over the development of second units as allowed by State law. Section 3. Environmental findings. The City Council hereby finds and determines that the project is statutorily exempt from CEQA as follows: Section 15282 (I) of the CEQA Guidelines states: "(i) The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to Section 4. implement the provisions of Section 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code." Article 4.03 (Residential Uses) is hereby amended as shown on Exhibit "A" attached hereto. Section 5. Article 5 (Standards for Second Uses) shown on Exhibit "B" attached hereto. Section 6. s hereby amended as The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 6th day of November 2003 MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the 20th day of November 2003, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Jim Ayers, Mayor ATTEST: Dorothy L. Chouinard, City Clerk EXHIBIT "A" 4 . 03 PERMITTED AND CONDITIONALLY PERMITTED USES P) PERMITTED > GREA RI CULTURA A:VIARIES BULLS AND MA CROPS D.AIRI ES FARMS GRAZING ( SHE GREEN HOUSES hKENNEL -------_ LARGE ANIMAL ‘ffURSERIES RETAIL :CHARDS PACKING/ PRO !FRUITS VEG POULTRY FARE SMALL ANIMA ANIMA THER (C) CONDITIONALLY PERMITTED USES < IRS S THAN USES. A R-1 R-2 R-3 P C LE GOATS P C 1 P 2 P 3 P 3 P 3 P 3 EP) - P C P 4 P 4 S OLESALE P C P 'ESSING/ TABLES, NUTS [, EGG PRODUCE C - CHURCHES DOMESTIC ANIMALS f; P P 6 P 6 P 6 P 6 PUBLLC UTILITIES FACILITIES SCHOOLS PRIVATE & PUBLIC EXHIBIT "A" (CONT'®.) 4.03 PERMITTED AND CONDITIONALLY PERMITTED USES PERMITED GREATER THAN RESIDENTIAL USES COMMUNITY CARE FACILITIES >7 CONDOMINIUM OR TOWNHOUSE CONVALESCENT HOME DAY CARE 7 - 12 > 12 DORM, HOUSING RATI &GSOROR DORM, MANUFACTURED HOUSING • MOBILEHOME PARK/SUBD: MULTI -FAMILY DWELLINGS <5 5 OR MORE SECOND DWELLING SENIOR CITIZEN CONGREGATE CARE. >=7 RECREATIONAL USES GOLF COURSES PRIVATE CLUBS PUBLIC PARKS (C) SP( P C P 8 C C NOTES: ARTICLE 4.03 DAIRIES ARE DEFINED AS FACILITIES USED FOR THE MAINTENANCE OF CAI I LE FOR THE PRODUCTION OF MILK, INCLUDING THE BUILDING OR BUILDINGS FOR MILKING, PROCESSING OF MILK AND MILK PRODUCTS, RE I AIL AND WHOLESALE SALES AND DELIVERIES OF SUCH MILK, AND OTHER BUILDINGS OR STRUCTURES INCIDENTAL TO THE OPERATION. FARMS ARE DEFINED AS FACILITIES USED FOR SELECTIVE OR EXPERIMENTAL BREEDING OF HORSES, CATTLE, SHEEP AND GOATS, AND THE RAISING, TRAINING, AND/OR BOARDING OF SUCH ANIMALS OR STOCK. THE PERMISSIBLE NUMBER AND TYPE OF STOCK SHALL BE AS SE I FORTH IN NOTE BELOW. 3. SHEEP GRAZING CONDUCTED FOR THE PURPOSE OF CLEARING STUBBLE OR UNHARVESTED CROPS, WITHOUT LIMIT AS TO THE NUMBER OF ANIMALS PER ACRE, FOR NOT MORE THAN 30 DAYS WITHIN A 6 MONTH PERIOD FOR EACH PARCEL. NON-COMMERCIAL KEEPING OF HORSES, CATTLE, MULES, BURROS, SHEEP AND GOATS ON LOTS 20,000 SQ. FT. OR LARGER. ALL SUCH ANIMALS MUST BE KEPT, FED AND MAINTAINED NOT LESS THAN 50 FEE) FROM ANY RESIDENCE. TWO (2) SUCH ANIMALS MAY BE KEPT FOR EACH 20,000 SQ. FT. UP TO AN ACRE, AND TWO SUCH ANIMALS FOR EACH ADDITIONAL ACRE THEREAFTER. 5. NON-COMMERCIAL KEEPING OF RABBITS AND POULTRY, AND THE BREEDING OF GUINEA PIGS, PARAKEE S, CHINCHILLAS, FISH OR SIMILAR SMALL FOWL OR ANIMALS, ON LOTS 20,000 SQ. I -I . OR LARGER. ALL SUCH ANIMALS MUST BE KEPT, FED AND MAINTAINED AT LEAST 50 FEE ) FROM ANY RESIDENCE. 6. DOMESTIC ANIMALS INCLUDE DOGS AND CATS, NOT MORE THAN TWO (2) EACH. AS PER ANIMAL CONTROL ORDINANCE, CHAPTER 4 ARTICLE III, SECTION 4-9 OF THE SAN JACINTO MUNICIPAL CODE. VIE I NAMESE POT BELLY PIGS, NOT MORE THAN ONE (1), REGISTERED THROUGH THE APPROPRIATE BREEDING ORGANIZATION OR AS PER ANIMAL CONTROL ORDINANCE, CHAPTER 4, ARTICLE III, SECTION 8 OF THE SAN JACINTO MUNICIPAL CODE, 2. 4. EXHIBIT "A" (CONT'D) 7 SUBJECT TO THE REQUIREMENTS OF ARTICLE 4.07 OF THE SAN JACINTO MUNICIPAL CODE ENTITLED "LARGE FAMILY DAY CARE HOMES". 8 SUBJECT TO THE REQUIREMENTS OF ARTICLE 5 OF THE SAN JACINTO MUNICIPAL CODE ENTITLED "STANDARDS FOR SECOND UNITS". ARTICLE 5 STANDARDS FOR SECOND DWELLING USES A. Second dwelling units shall be permitted in accordance with the following standards: 1. Single-family residences are a permitted use in the zone. 2. A single-family residence exists on the lot. 3. The existing residence conforms to all zoning regulations for the zone in which it is located. 4. Either the existing residence or the second unit will be owner -occupied. 5. The second unit is not intended for sale and may be rented. 6. The second unit may be attached to the existing dwelling or be detached. 7. The floor area of an attached second unit shall not exceed thirty (30%) percent of the existing living area The floor area of a detached second unit shall not exceed 1200 square feet. 8. A detached second unit shall be located a minimum of ten (10) feet from any other structure on the lot, and shall conform to all other height, setback, and lot coverage requirements of the zone. 9. A one -car carport or garage shall be provided for the second unit, and shall conform to the development standards and setback requirements required for such structures in the zone. 10. The second unit shall conform substantially to the architectural style and design of the main structure, including materials and colors. 11. The second unit shall conform to the utility requirements of the main structure. B. For purposes of this Chapter: 1. "Second unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling is situated. A second unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home as defined in Section 18007 of the Health and Safety Code. 2. "Living area" means the interior habitable including basements and attics bu accessory structure. C. A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. D. Should a second unit proposal be denied, a written appeal may be filed with the Community Development Director explaining why it is believed the proposal conforms with the requirements of this Article. The director shall, within ten (10) days of the filing of the appeal, without public hearing or notice, render a decision as to the proposal's conformance with this chapter. The Director's decision may be appealed in accordance with the provisions of Article 18A, site Development Plan Review. E. As a ministerial project, second unit applications are statutorily exempt from CEQA pursuant to Section 15268.of the CEQA Guidelines. area of a dwelling unit does not include a garage or any Second Unit Law as Amended by Chapter 1062, Statutes of 2002 (Assembly Bill 1866) TABLE OF CONTENTS Attachment I: Second Unit Law (Government Code Section 65852.2) A. Implementation Discussion 2 Introduction 2 Intent of Second Unit Law 2 When Does a Local Second -Unit Ordinance Apply versus State Standards? 3 Does a Locality Have Flexibility in Adopting a Local Ordinance? 3 When Does Chapter 1062 Take Effect? 4 What is Ministerial Review? 5 Can a Locality Accept Appeals if a Second -Unit Application is Denied? 6 Can a Locality Consider an Additional Process to Consider Second -Units if the Standards Established by Chapter 1062 Have Been Met? 6 Is a Locality Required to Allow Second -Units in Multifamily Zones? 6 Are Second -Units Exempt from Local Growth Control? 7 What Kind of Environmental Review Is Required for Second -Units? 7 How Can a Locality Encourage Second -Units? 7 Can a Locality Have Occupancy Requirements on Second -Units? 8 Does Second Unit Law Apply to Charter Cities and Counties? 8 Does Second Unit Law Apply to Localities in the Coastal Zone? 8 Should a Locality Submit Their Second -Unit Ordinances to HCD? 9 B. Changes to Government Code Section 65852.2 10 C. Other Pertinent Code Sections 13 Government Code Section 65901 13 Government Code Section 65906 13 CEQA Guidelines: Section 15369 13 D. Resource and Contacts 5 Second -Unit Resource List 15 Tentative Contact List 19 Attachment 2: Portion of State Housing Element Law (Government Code Section 65583.1) A. Implementation Discussion 21 Introduction 21 Resources and Incentives 21 The Need for Second -Units 21 Other Relevant Factors 22 Tracking Second -Units 22 B. Changes to Government Code Section 65583.1 23 Government Code Section 65852.2 State Second Unit Law State HCD — Division of Housing Policy Development 1 1uly 2003 Chapter 1062, Statutes of 2002 (Assembly Bill 1866) A. IMPLEMENTATION DISCUSSION FOR SECOND UNIT LAW GOVERNMENT CODE SECTION 65852.2 Introduction Second -units (i.e., in-law apartments, granny flats, or accessory apartments) provide ari 'important source of affordable housing. By promoting the development of second -units, a community may ease a rental housing deficit, maximize limited land resources and existing infrastructure and assist low and moderate -income homeowners with supplemental income. Second -units can increase the property tax base and contribute to the local affordable housing stock. Government Code Section 65852.2 (a.k.a. second -unit law) was enacted in 1982 and has been amended four times (1986, 1990, 1994 and 2002) to encourage the creation of second -units while maintaining local flexibility for unique circumstances and conditions. Local governments may allow for the creation of second -units in residential zones, set development standards (i.e., height, setbacks, lot coverage), require minimum unit sizes and establish parking requirements. However, State standards apply if localities do not adopt a second -unit ordinance in accordance with the intent of second -unit law and subsections (a) or (c). Chapter 1062 amends second -unit law to require ministerial consideration of second -unit applications to encourage the creation of second -units. For the text of Chapter 1062 (AB 1866) relating to Government Code Section 65852.2, see the second section of this attachment, titled "Changes to Government Code Section 65852.2". Following is a discussion of the new legislation to assist localities in carrying out the provisions of Chapter 1062: Intent of Second -Unit Law (Government Code Section 65852.150) The preparation, adoption, amendment and implementation of local second -unit ordinances should be ca, lied out consistent with Government Code Section 65852.150: The Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the elderly, in -home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. State HCD — Division of Housing PoCicy DeveCopment 2 YuCy 2003 It is the intent of the Legislature that any second -unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance. When Does a Local Second -Unit Ordinance Apply versus State Standards? Second -unit law contains provisions to guide the adoption of a local ordinance (subsections (a) and (c-g)) and describes State standards that apply in the absence of a local ordinance (subsection (b)). When a local second -unit ordinance is enacted in accordance with subsections (a) or (c), the local ordinance provides the criteria for approving and denying second -unit applications. In the absence of a local second -unit ordinance in accordance with subsection (a) or (c), the State standards contained in subsection (b) of Government Code Section 65852.2 establish the criteria for approving and denying second -unit applications. While the State standards, under subsection (b), do not necessarily apply to the preparation or update of a local ordinance, they are appropriate to use as a guideline. Does a Locality Have Flexibility in Adopting a Local Second -Unit Ordinance? Second -unit law was created and amended within the context of providing "... a minimum of limitation...", so localities "...may exercise the maximum degree of control over local zoning matters..." (Government Code 65800). Chapter 1062 requires localities to consider applications for the development of second -units ministerially with the intent to create second -units and not constrain their development. Second -unit law provides local flexibility to manage the opportunity for creating second -units. For example, Government Code Section 65852.2(a)(1) provides that: 65852.2.(a)(1) Any local agency may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones. The ordinance may do any of the following: (A) Designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria that may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (B) Impose standards on second units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. State HCD — Division of Housing Toacy DeveCopment 3 JaCy 2003 A local government may apply quantifiable, fixed and objective standards, such as height, setback, and lot coverage requirements so the second -unit will be compatible with other structures in the neighborhood. A local government may designate areas appropriate for second -units based on criteria such as the adequacy of water and sewer services and the impact of second -units on traffic flow. At the same time, a locality must adopt an ordinance with the intent of facilitating the development of second -units in appropriate residential zones without arbitrary, excessive, or burdensome provisions and requirements. Under limited circumstances, a locality may prohibit the development of second -units in single- family or multifamily zones (Government Code Section 65852.2(c)). This prohibition may only be enacted if a locality adopts foiuial written findings based on substantial evidence identifying the adverse impact of second -units on the public health, safety, and welfare and acknowledging such action may limit housing opportunities in the region (Section 65852.2(c)). Prior to making findings of specific adverse impact, the agency should explore feasible alternatives to mitigate and avoid the impact. Written findings should also acknowledge efforts to adopt an ordinance consistent with the intent of second -unit law. A local government may also establish reasonable minimum and maximum unit size requirements for both attached and detached second -units according to Government Code Section 65852.2(d). Minimum and maximum unit sizes should be reasonable and should not arbitrarily and excessively restrict the development of second -units. For example, a maximum unit size of 400 square feet might be unduly restrictive on minimum lot sizes of 7,000 square feet, barring unusual circumstances, and would restrict the development of second -units. Minimum unit sizes should also uphold health and safety standards. Also, localities should ensure parking requirements are consistent with standards set forth in subsection (e). This subsection limits parking requirements to one parking space per unit or bedroom, unless a locality makes specific findings. When Does Chapter 1062 Take Effect for Second -Unit Law? Government Code Section 65852.2(a)(3) requires where a local agency has a local ordinance in accordance with subsections (a) or (c), an application for a second -unit permit is to be considered ministerially without discretionary review or public hearing on or after July 1, 2003. Local jurisdictions without an ordinance must utilize the State second -unit standards set forth in Section 65852.2(b) and are required to ministerially consider second -unit applications after January 1, 2003. Chapter 1062 does not necessarily require a local agency to adopt or amend a second -unit ordinance (Section 65852.2(a)(3)). If a locality has a second -unit ordinance in accordance with subsections (a) or (c) of second -unit law, an application should be considered ministerially. For example, if a locality has an ordinance with development standards in accordance with the intent of second -unit law and subsection (a) and requires a conditional use permit, the locality should consider a second -unit application ministerially according to the adopted development standards State 7-CCD — Division of Housing Po(icy Dever pment 4 July 2003 and any provisions of the local ordinance which are in conflict with second -unit law, such as a conditional use permit, should be considered null and void. However, if a locality has a second unit ordinance that does not meet the intent and subsections (a) or (c), the locality is required to ministerially consider a second -unit application in accordance with the State standards in subsection (b). What is Ministerial Review? Chapter 1062 requires development applications for second -units to be "...considered ministerially without discretionary review or a hearing..." or, in the case where there is no local ordinance in compliance with subsections (a) or (c), a local government must "...accept the application and approve or disapprove the application ministerially without discretionary review... In.order for an application to be considered ministerially, the process must apply predictable, objective, fixed, quantifiable and clear standards. These standards must be administratively applied to the application and not subject to discretionary decision -making by a legislative body (For clarification see the attached definition of ministerial under California Environmental Quality Act (CEQA) Guidelines, Section 15369.). The definition is generally accepted and was prepared pursuant to Public Resources Code. An application should not be subject to excessively burdensome conditions of approval, should not be subject to a public hearing or public comment and should not be subject to any discretionary decision -making process." There should be no local legislative, quasi -legislative or discretionary consideration of the application, except provisions for authorizing an administrative appeal of a decision (see Appeal discussion below). The intent of Chapter 1062 is to improve certainty and predictability in the approval process. Where special use or variances must apply, the locality should grant the variance or special use permit without a public hearing for legislative, quasi -legislative or discretionary consideration, as authorized by Government Code Section 65901. An application for consideration by a board of zoning adjustments or zoning administrator should apply a limited and fixed set of clear, predictable and objective standards without the application of discretionary conditions or public comment. Chapter 1062 does not affect local government measures to keep the public apprised of pending applications and the status of the decision -making process. A local government should handle public noticing in the same manner as other ministerial actions. For example, if a local government allows new construction of a single-family residence by right or ministerially and public notice is not given for these applications, then a local government should employ the same procedures for second -unit applications. The appropriate point for public comment is the discretionary action adopting or amending a second -unit ordinance. As explicitly stated in the provisions of 65852.2(a), a locality may require second -units to comply with development standards such as height, setback and architectural review. At the same time, architectural review should be handled in a ministerial fashion without discretionary public hearings or review. Architectural review in a ministerial fashion includes architectural standards and design guidelines with clear, fixed and objective standards. These standards should provide a .State HCD — Division of Housing Policy DeveCapment S July 2003 predictable concept of appropriate second -unit development. For example, the compatibility of the aterials with the existing structure, exterior color, subordinate bulk or compatible exterior surface texture are architectural standards that can be applied in a ministerial manner, especially with the aid of design review guidelines. Architectural review standards should not impede the creation of second -units and should not detrimentally affect the feasibility or affordability of second -units. Can a Locality Accept Appeals If a Second -unit Application Is Denied? A locality can provide an appeal process for applicants whose second -unit proposal is denied. The appeal process should maintain predictable and fixed approval standards, consistent with the intent of Chapter 1062. Accordingly, an appeal should not include a public hearing with public comment as part of a discretionary decision. The appeal process should be handled in a ministerial and administrative manner and should be limited in scope, only considering the proposal's compliance with the objective standards of the second -unit ordinance. Can a Locality Consider an Additional Process to Consider Second Units if the Standards Established by Chapter 1062 Have Been Met? If a local ordinance is consistent with subdivisions (a) and (c-g) of second -unit law and consistent with the intent of the law, a local government could also adopt an ancillary set of broader standards under which second -units might be allowed under a discretionary review process as exceptions to existing zoning. While the statute does not preclude a broader and more flexible set of standards, localities must be very careful that any criteria or process for a secondary set of standards is only ancillary to the ministerial consideration required by Chapter 1062. Typical exceptions to zoning could be handled administratively or quasi judicially. Homeowners in the community are entitled to have a realistic opportunity to create second -units. If the locality fails to provide an adequate ministerial process pursuant to subdivision (a) and (c-g), applications for second -units should be subject to the State standards of subdivision (b) of Section 65852.2. Is a Locality Required to Allow Second -Units in Multifamily Zones? While second -units may be allowed in both single- and multi -family zones (Sections 65852.2(a)(1) and (b)(1)(B)), nothing in the statute requires more than one second -unit to be permitted on a single parcel. The State standards specifically require that the lot contain an existing single-family dwelling (Section 65852.2(b)(1)(C)) and localities could adopt a similar requirement. Alternatively localities could permit second -units on parcels containing, for example, a duplex. The guiding principle for the local ordinance should be to avoid provisions that are "...so arbitrary, excessive or burdensome so as to unreasonably restrict the ability of homeowners to create second - units in zones where they are authorized by local ordinance." (Section 65852.150). For example, second -units should not be arbitrarily excluded from appropriate geographic areas. Are Second -Units Exempt from Local Growth Control? Yes. Government Code Section 65852.2(a)(2) states second -units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Second -units must be exempt from growth control measures regardless of whether the growth control has been State 7fCD — Division of 9{ausing Pa(icy DeveCoprnent 6 54 2003 enacted by local initiative or the legislative body. 'Local governments should take steps to address any inconsistency between the second -unit mandate andlocalinitiatives, ordinances, policies, programs or any other regulations to limit residential growth. What Kind of Environmental Review is Required for Second -Units? Second -units approved ministerially are statutorily exempt from CEQA pursuant to Section 15268 (Ministerial Projects) of the CEQA guidelines and Section 21080(b)(1) of the Public Resources Code. In addition, second -units can be categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines, authority cited under Public Resources Code Section 21083 and 21087. How Can a Locality Encourage Second -Units? Local governments can encourage second -unit development through a variety of mechanisms. For example, a locality could develop information packets to market second -unit construction. A packet could include materials for a second -unit application, explain the application process, and describe incentives to promote their development. A locality could also advertise second -unit development opportunities to homeowners on the community's web page, at community and senior centers, in community newsletters, and in local utility bills, etc. Some local governments establish and maintain a second -unit specialist in the current planning division to assist in processing and approving second -units. A local government can also establish flexible zoning requirements, development standards, processing and fee incentives that facilitate the creation of second -units (Government Code Section 65852.2(g)). Incentives include reduced parking requirements near transit nodes, tandem parking requirements, pre -approved building plans or design prototypes, prioritized processing, fee waivers, fee deferrals, reduced impact fees, reduced water and sewer connection fees, setback reductions and streamlined architectural review. For example, the City of Santa Cruz established pre -approved design prototypes to encourage and stimulate the development of second -units. Localities can also monitor the effectiveness of ordinances, programs and policies encouraging the creation of second -unit development. Some localities monitor implementation of second -unit strategies through the annual general plan progress report (Government Code Section 65400). Evaluating the effectiveness of a second -unit ordinance can assist the local government in deteiniining appropriate measures to improve usefulness and further facilitate the development of housing affordable to lower- and moderate -income families. See the second -unit bibliography in the Resources section for additional resources on the development of second -units. Can a Locality Have Occupancy Requirements on Second -Units? Requirements restricting the occupancy of a second -unit may be susceptible to legal challenge. In a 1984 decision, the Superior Court (Hubbart vs. County of Fresno, Superior Ct. No. 309140-2, 10/3/84), voided a Fresno County zoning ordinance which required that occupancy of a second - unit be limited to persons related to the main unit's owner. The Court stated that the ordinance violated the plaintiff's right to privacy guaranteed by Article I, Section I of the California Constitution. State 9-(CD — Division of Housing ToCicy DeveCopment 7 Yufy 2003 n a 2001 decision (Coalition Advocating Legal Housing Options v. City of Santa Monica), a second -unit ordinance preventing non-dependent adult children or relatives, as well as unrelated persons while permitting dependents and caregivers, was declared unconstitutional under the right to privacy and equal protection clause of the California Constitution. A local ordinance could include income restrictions on the occupancy of a second -unit to ensure the creation of housing affordable to low- and moderate -income households. A local ordinance could also require one of the dwellings on the property to be 'owner -occupied. However, an ordinance with these restrictions and requirements should be developed in a manner that encourages the creation of second -units as opposed to restricting the development of second -units. Does Second -Unit Law Apply to Charter Cities and Counties? Yes. Charter cities and counties must particularly give way to State general laws such as second - unit law when there are matters of Statewide concern (Coalition Advocating Legal Housing Options v. City of Santa Monica (2001) 105 Cal. Rptr. 2d 802), as stated by the Legislature in Government Code Sections 65580, 65852.150 and 65852.2(i)(2). Further, second -unit law explicitly applies to "local agencies" which are defined as general law or charter (Government Code Section 65852.2(i)(2)). Does Second -Unit Law Apply to Localities in the Coastal Zone? Yes. The California Coastal Act was enacted to preserve our natural coastal resources for existing and future Californians. While second -units utilize existing built areas and usually have minimal environmental impact, the need for second -units should be balanced against the need to preserve our unique coastal resources. For these reasons, second -unit law shall not supersede, alter or lessen the effect or application of the California Coastal Act (Division 20 of the Public Resources Code), except that local governments shall not be required to hold public hearings for coastal development penult (CDP) applications for second -units (Government Code 65852.2(j)). As stated in correspondence, dated January 13, 2003 from the California Coastal Commission to all coastal communities, local governments in the coastal zone should amend their Local Coastal Program (LCP) to not require a public hearing in the consideration of second -unit applications. Further, local appeals should be handled in an administrative manner. Should a Locality Submit Their Second -Unit Ordinances to HCD? Yes. Government Code Section 65S522(11) requires submittal of an ordinance adopted pursuant tc subsection (a) and (c) to the State Department of Housing and Community Development (Department) within 60 days of adoption. The Department will establish a clearinghouse of local ordinances to assist local governments in developing effective and meaningful ordinances. The Department is also available to provide technical assistance in the preparation of second -unit ordinances. Local governments are encouraged to send electronic copies of their ordinance to the Department at pmcdouga@hcd.ca.gov. :ate sc — Division. of Housing PoCizy DeveCopment 8 ,uly 2003 Chapter 1062, Statutes of 2002 (Assembly Bill 1866) B. CHANGES TO GOVERNMENT CODE SECTION 65852.2 Government Code Section 65852.2 was amended by Chapter 1062 (AB 1866) as follows: Government Code Section 65852.2 (additions or changes in italics/underlined and deletions indicated by asterisks with substantive changes italicized in parentheses) 65852.2.(a) (1) Any local agency may, by ordinance, provide for the creation of second -units in single-family and multifamily residential zones. The ordinance may do any of the following: ***** (A) Designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. ***** (B) Impose standards on second units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, ***** maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. ***** (C) Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. ***** (Provisions to establish a process for the issuance of conditional use permits deleted) (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local axencv receives its first application on or after July 1. 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for :the creation of second units. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of. the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of second units. State SO) — Division of Sousing Policy Development 9 9uly 2003 (b) (1) When a local agency which has not adopted an ordinance governing second units accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a **** (conditional use deleted) permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use ***** (conditional use deleted) peiiiiit for the creation of a second unit if the second unit complies with all of the following: (A) The unit is not intended for sale and may be rented. (B) The lot is zoned for single-family or multifamily use. (C) The lot contains an existing single-family dwelling. (D) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (E) The increased floor area of an attached second unit shall not exceed 30 percent of the existing living area. (F) The total area of floorspace for a detached second unit shall not exceed 1,200 square feet. (G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code. requirements which apply to detached dwellings, as appropriate. (I) Approval by the local health officer where a private sewage disposal system is being used, if required. (2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building peiiiiit or a use permit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant. (4) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subdivision. (5) A second unit which confoi„is to the requirements of this subdivision shall not be considerec to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (c) No local agency shall adopt an ordinance which totally precludes second units within single- family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance. State 7-[CD — Division of Housing Policy Development 10 9uLy 2003 d) A local agency may establish minimum and maximum unit size requirements for both attached and detached second units. No minimum or maximum size for a second unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which does not permit at least an efficiency unit to be constructed in compliance with local development standards. (e) Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in setback areas in locations deteiuuned by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted else in he Feecharged the tconstruction o )of second units shall be determined in anywhere g accordance with Chapter 5 (commencing with Section 66000). (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. (h) LocaI agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area," means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include peiuianent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- family dwelling is situated. A second unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 3.0000) of the Public Resources CodeL except that the local government shall not be required to hold public hearings for coastal development permit applications for second units. State HCD — Division of Housing PoCicy DeveCopment 11 3ury 2003 GE Nove TO: The Honorable Mayor and Members of the City C FROM: Tim Hults, Community Development Directo SUBJECT: Adoption and second reading of Ordinance No. 03-29, approving Change of Zone 2-03 pertaining to property located on the west side of San Jacinto Avenue 1770 feet south of the Ramona Expressway. TE RECOMMENDATION: By motion, approve second reading and adopt Ordinance 03-29 approving Change of Zone 2-03 and by further motion read by title only. An Ordinance of the City Council of the City of San Jacinto, California approving Change of Zone 2-03, re -zoning certain properties located on the west side of San Jacinto Avenue 1770 feet south of the Ramona Expressway from Agriculture (A) to R-1 (One- Family Residential). BACKGROUND: On November 6, 2003, the City Council approved Change of Zone 2-03 and introduced Ordinance 03-29. That action authorized a change of zone from Agriculture (A) to Single Family Residential (R-1) on 19.67 acres of land located between on the west side of San Jacinto Avenue, 1770 feet south of the Ramona Expressway. Page 1 of 2 JUSTIFICATION: This action will bring the zoning classification of the property into conformance with its Low Density Residential General Plan Land Use designation.' BUDGETARY IMPACT: None anticipated. ATTACHMENTS: Ordinance 03-29 Page 2 of 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN .JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 2-03, RE -ZONING CERTAIN PROPERTIES LOCATED ON THE WEST SIDE OF SAN .JACINTO AVENUE 1770 FEET SOUTH OF THE 'A MONA EXPRESSWAY FROM AGRICULTURE (A) TO R-1 (ONE -FAMILY RESIDENTIAL). THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 9, 2003, the Planning Commission conducted a public hearing and recommended approval of a proposal to Change the Zoning for the subject site, as shown on Exhibit "A" attached hereto and incorporated herein, from Agriculture to Single Family Residential. Section 2. On November 6, 2003, the City Council conducted a public hearing and approved the Change of Zone of the subject site, as shown on Exhibit "A" attached hereto and incorporated herein from Agriculture to Single Family Residential. Section 3. That the official Zoning Map of the City Council is hereby amended by adding thereto Change of Zone 2-03 as herein set forth. Section 4. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto Change of Zone 2-03 as set forth herein. Section 5. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established as R-1, Single Family Residential. Section 6. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 9th day of November, 2003. MOVED, PASSED, AND ADOPTED at a regular meeting o on the day of , 2003 by the following vote. AYES: NAYS: ABSENT: ABSTAIN: City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard City Clerk CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) I, Dorothy L. Chouinard, hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City Council of City of San Jacinto, California at a regular meeting thereof held the day of , 2003. WITNESS my hand and official seal of the City of San Jacinto this day of , 2003. Dorothy L. Chouinard, City Clerk TE TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director-tfr• SUBJECT: Adoption and second reading of Ordinance No. 03-30, approving Change of Zone 6-03 pertaining to property located on the west side of Chase Street at the western end of Raintree Lane, approximately 260 feet south of the Ramona Expressway. RECOMMENDATION: By motion, adopt Ordinance 03-30 approving Change of Zone 6-03 and by further motion read by title only. An Ordinance of the City Council of the City of San Jacinto, California approving Change of Zone 6-03, re -zoning certain properties located on the west side of San Jacinto Avenue 1770 feet south of the Ramona Expressway from Agriculture (A) to R-1- 20,000 (One- Family Residential on a minimum lot of 20,000 square feet). BACKGROUND: On November 6, 2003, the City Council approved Change of Zone 2-03 and introduced Ordinance 03-30. That action authorized a change of zone from Agriculture (A) to Single Family Residential (R-1-20,000) on 2.97 acres of land located between on the west side of Chase Street at the western end of Raintree Lane, approximately, 260 feet south of the Ramona Expressway. City Manager: Finance Director: Page 1 of 2 JUSTIFICATION: This action conforms with the LoDensity Residential General Plan Land Use designation. BUDGETARY IMPACT: None anticipated. ATTACHMENTS: Ordinance 03-30 Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN ,JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 6-03, RE -ZONING CERTAIN PROPERTIES LOCATED ON THE WEST SIDE CHASE STREET, APPROXIMATELY 260 FEET SOUTH OF THE RAMONA EXPRESSWAY FROM AGRICULTURE (A) TO R-1-20,000 (ONE -FAMILY RESIDENTIAL). THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 9, 2003, the Planning Commission conducted a public hearing and recommended approval of a proposal to Change the Zoning for the subject site, as shown on Exhibit "A" attached hereto and incorporated herein, from Agriculture to Single Family Residential on a minimum lot size of 20,000 square feet. Section 2. On November 6, 2003, the City Council conducted a public hearing and approved the Change of Zone of the subject site, as shown on Exhibit "A" attached hereto and incorporated herein from Agriculture to Single Family Residential on a minimum lot size of 20,000 square feet. Section 3. That the official Zoning Map of the City Council is hereby amended by adding thereto Change of Zone 6-03 as herein set forth. Section 4. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto Change of Zone 6-03 as set forth herein. Section 5. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established as R-1-20,000, Single Family Residential on a minimum lot size of 20,000 square feet. Section 6. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 9th day of November, 2003. MOVED, PASSED, AND ADOPTED at a regular meeting of the City Counci on the day of 2003 by the following vote. AYES: NAYS: ABSENT: ABSTAIN: City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard City Clerk CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) I, Dorothy L. Chouinard, hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City Council of City of San Jacinto, California at a regular meeting thereof held the day of , 2003. WITNESS my hand and official seal of the City of San Jacinto this day of , 2003. Dorothy L. Chouinard, City Clerk November 20, 2003 TO: The Honorable City Council FROM: Habib Motlagh, City Engineer SUBJECT: Ramona Boulevard/Sanderson Avenue Waterline — Phase II RECOMMENDATION: By motion adopt the plans and specifications and authorize City Clerk to proceed with bid advertisement. BACKGROUND: The City is near completion of Phase I of De Anza Lift Station, Gravity Sewer, Force Main, and Water Main. Phase II, which includes installation of approximately 11,800 L.F. of 12" waterline along Sanderson Avenue and Ramona Boulevard will complete this project. As you may be aware, partial installation of waterline was done in conjunction with Phase I of this project. However, the line is not operational at this time. With the installation of this waterline (Phase II), the system will be operational and property owners will be able to connect to this new system. Furthermore, this new line will provide adequate fire protection to the general area. This project is funded by federal EDA grant and financial participation by EMWD. As a requirement of EDA grant, this project shall have substantial completion by August 2004. Initially, staff had designed the waterline to be installed 10' south of centerline, which would have required major street repaving. However, EMWD requested that the City move the line 23' south of centerline to provide adequate spacing for the construction of a sewerline and storm drain. EMWD staff believes this project will start in Summer 2004 and the paving rehabilitation will be a requirement of that project. Another important issue to disclose is that installation of waterline on Sanderson is taking place on the shoulder of the road and will not interfere with flow of traffic. At the most, the water crossing on Sanderson will require flagmen directing traffic one way while the crossing is being constructed — estimated time, two -days. The following is the proposed timeline for the construction of this project: o Bid advertisement o Bid Opening o Bid Award (anticipated) o Start of Construction (estimated) - o Project Completion (estimated) - December 1, 2003 January 12, 2004 January 22, 2004 February 9, 2004 July 2004 Plans and specifications are available at the City Clerk's office for review. JUSTIFICATION: Installation of water line facilities along Sanderson Avenue and Ramona Boulevard will facilitate the development of this general area, and implement the Council's Goals and Objectives. BUDGETARY IMPACT: Adequate funding is included in current Fiscal Year Budget 03-04, as project No. 02-008, which include federal grant and EMWD contribution. Prior to bid award, staff will provide detailed funding information. ATTACHMENTS: None TO: FROM: AGE DATE November 20, 20, 2003 The Honorable Mayor and Members of the City Council Dan Nichols, Interim Chief of Poli By: Keith Knotek, Police Comman SUBJECT: Approval of Supplemental Law Enforcement Services Fund Grant Spending Plan (FY 2003) RECO E DATION: By motion, approve the proposed Spending Plan for the Supplemental Law Enforcement Services Fund (SLESF) Grant. BACKGROUND: Supplemental Law Enforcement Services Grant funding is received from the State of California's Citizen's Option for Public Safety Programs via the County of Riverside. The program began in 1997 and continues to be funded. The use of SLES funds is only for front-line municipal police services and should supplement, not supplant, current front-line law enforcement services. The Spending Plan is approved by a Supplemental Law Enforcement Oversight Committee that is chaired by the Sheriff of Riverside County. Once the Plan has been approved and submitted the funding should occur in late December 2003. The City of San Jacinto is entitled to receive a grant award in the amount of $100,000. These monies can be used for salaries, benefits, services, equipment and administrative overhead. After conferring with the City Manager, staff proposes that the grant funds be used for the purchase of mobile data computers (MDCs) to be utilized in the patrol cars. These computers will interface with the Department's new computer aided dispatch and records management system. It's currently unknown exactly how many MDCs can be purchased with the grant funds. However, it is estimated that approximately six to eight computers, software and other related items can be secured with the grant funds. In no case shall the expenditures for these items exceed the $100,000 award amount. Page 1 of 2 JUSTIFICATION: The mobile data computers will improve efficiency by allowing officers to write reports out in the field rather than in the police facility. They will also provide officers with records information in their vehicles rather than having to go through dispatch for queries. BUDGETARY I PACT: There are no anticipated general fund costs. This is a standalone grant and no matching funds are required. ATTACH ENTS: "A "- Letter from the Sheriff to City Manager Cosentini requesting expenditure plan. Paae 2 of 2 RIVERSIDE COUNTY BOB DOYLE, SHERIFF ERSIDE, DE CALIFORNIA 92502 • (909) 955-2400 • FAX (909) 955-2428 October 31, 2003 Peter Cosentini Manager City of San Jacinto 312 East Ivlain, P.O. Box 488 San Jacinto, California 92383 Dear Mr. Cosentini, The Supplemental Law Enforcement Services Fund (SLESF) provides funds to provide front line law enforcement services. April 2002 Senate Bill 823 amended the Government Code Sections 30061 and 30063 to require that "the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city." Your action is needed. The request to the city council should specify the personnel, equipment, and programs necessary to meet the city's needs. The council, at a public meeting, considers the requests and determines the allocation of funds. The law specifies that this process is to occur during the month of September, however, due to the length of time required to adopt a State budget, allocation information was not sent to the counties in a timely manner. Acting Chief Nichols is familiar with this process and can be of assistance to you. Once your City Council has approved your local expenditure plan (a draft form follows), please submit a copy to the Riverside County Sheriff's Department. The Sheriff chairs the Supplemental Law Enforcement Oversight Committee and this Committee must certify receipt and approval of your expenditure plan before the County Auditor/Controller can release the of the current allocation. We would appreciate having all expenditure plans by November 21, 2003. Once the Committee approves the plans, the information will be sent to the Board of Supervisors for review and approval. The Board of Supervisors will then direct the Auditor/Controller to distribute the funds. It is our goal that the funds be distributed prior to the end of December. You may fax the completed expenditure plan to the Riverside County Sheriff's Department Grants Unit at (909) 955-9620. If you have any questions, please contact David Murr at (909) 955-9613. Thank you for your assistance. Sincerely, BOB DOYLE, S Luna D ector of Administrative Services FF cc: Acting Chief Dan Nichols //Attachment SuP,1-.,;rnental Law Enforcement Services Fund' Expenditure Plan 2003-2004 city Beginning Fund Balance (C ` rrent Year Allocation EXPQnv. r`f9ann.� Salaries and Benefits Services and Supplies Equipment Administrative Overhead Total Planned Expenditures Date approved by the City Council: The City Manager hereby certifies that the Supplemental Law Enforcement Services Plan was submitted to the City Council and approved as listed. City Manager Date Please provide the name ofacontact person ifthere are any questions: Name Telephone Riverside County GUEGFOversight Committee October 3O.2Oo3 City 2U04expmndbumplanAs SLESF Estimate pope 7icin) L AT A) 2003-04 RIVERSIDE 1,705,625 $3,641,725 BANNING 25,500 $37,986 $100,000 BEAUMONT 13,800 $20,557 $100,000 BLYTHE 21,200 $31,580 $100,000 CALIMESA 7,325 $10,912 $100,000 CANYON LAKE 10,500 $15,641 $100,000 CATHEDRAL CITY 47,300 $70,460 $100,000 COACHELLA ' 26,750 $39,848 $100,000 CORONA 137,000 $204,080 $204,080 DESERT HOT SPRINGS 17,200 $25,622 $100,000 HEMET 62,200 $92,655 $100,000 INDIAN WELLS 4,400 $6,554 $100,000 INDIO 54,500 $81,185 $100,000 LAKE ELSINORE 33,050 $49,232 $100,000 LA QUINTA 30,450 $45,359 $100,000 MORENO VALLEY 150,200 $223,743 $223,743 MURRIETA 57,000 $84,909 $100,000 NORCO 25,250 $37,613 $100,000 PALM DESERT 43,900 $65,395 $100,000 PALM SPRINGS 44,000 $65,544 $100,000 PERRIS 38,200 $56,904 $100,000 RANCHO MIRAGE 14,950 $22,270 $100,000 RIVERSIDE 274,100 $408,309 $408,309 SAN JACINTO 26,050 $38,805 $100,000 TEMECULA 75,000 $111,723 $111,723 UNINCORPORATED 465,800 $693,871 $693,871 TO: The Honorable Mayor and Members of he City Council FROM: Bernie Simon, inance Director SUBJECT: Establishment of CFD 2002-1/LLPD#2 Reserve Savings Accounts RECOMMENDATION: Adopt resolution to establish savings accounts to hold CFD#2002-1/LLPD#2 reserves. BACKGROUND: Section 4.3 of Amendment number one of the MOU between the majority bondholder, developer and the City regarding the refinancing of CFD#2 bonds involved an agreed upon initial maximum amount that could be assessed the property owners who are in CFD#2002-1 and are also required to be in LLPD#2. In return for starting the annual assessment at $275.09, the majority bondholder or developer is required to deposit $31.91 per unit as a reserve which LLPD#2 may invade should the annual costs of the district improvements exceed the $279.01 per unit. The majority bondholder or developer is required to maintain the LLPD reserve amount for up to five years. Any remaining funds after five years would be returned to the developer. Western Pacific is developing Tract 30638 and 30658 in CFD#2002-1 and is required to annex into LLPD#2. Western Pacific has also deposited $5,648.07 (117 units) with the City to start such LLPD#2 reserve fund. Finance would like to open savings accounts, at this time, for the benefit the City for LLPD#2, to deposit any Western Pacific LLPD#2 reserves and for any Garrett LLPD#2 reserves. JUSTIFICATION: Funds are required to be separate and maintained in an interest bearing account for the benefit of the Lighting Landscaping Park District#2. Appr City Manager: Finance Director: Page 1 of 2 BUDGETARY IMPACT: There is no budgetary impact by adoption of this resolution. ATTACHMENTS: Resolution Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING ESTABLISHMENT OF BANK ACCOUNTS AT THE BANK OF HEMET FOR CFD 2002- 1/LLPD#2 RESERVE DEPOSITS WHEREAS, the City of San Jacinto is required to set up an interest bearing account for the benefit of City of San Jacinto, Lighting Landscaping Park District #2, (LLPD#2) by virtue of refinancing Community Facilities District #2(CFD#2)and establishing Community Facilities District #2002-1 (CFD#2002-1) and City agreement with the majority bondholder and developer; and WHEREAS, the City of San Jacinto will set up an account for each separate developer in CFD#2002-1/LLPD#2; and WHEREAS, such deposited funds will be held with earned interest until needed by the City of San Jacinto for LLPD#2 to pay for annual maintenance costs of properties that are in CFD#2002-1 and LLPD#2 of which the City determines, on an annual basis, that the actual cost of providing such services is over and above the maximum assessment allowed to be assessed by the majority bondholder agreement and developer with the City or under LLPD#2 assessment limits; and WHEREAS, such bank account will be open as long as bondholder or developer is required to dec agreement. At the end of the required pe refunded to the majority bondholder or di, WHEREAS, the City of San Jacint into a Business On -Line Banking Agreen, August 1, 2001; and WHEREAS, the City has previous City Manager and Finance Director as si WHEREAS, Bank of Hemet requii resolution and authorization to designatesion.„, accounts; Witimmepwoommwawm he majority Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, California, as follows: 1) Authorize the establishment multiple Savings Accounts for CFD#2002-1/LLPD#2 developer reserve deposits. 2) Authorize that the following persons will be authorized signers for CFD#2002-1/LLPD#2 Savings Accounts: Mayor Vice Mayor City Manager Finance Director 3) Authorize the establishment of Savings Accounts for CFD#2002-1/LLPD#2 Savings Accounts with access on On -Line Business Banking with Bank of Hemet. APPROVED AND ADOPTED this 20th day of November, 2003, by the following vote: Ayes: Nays: Abstain: Absent: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Jim Ayres, Mayor Page 2 of 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING ESTABLISHMENT OF BANK ACCOUNTS AT THE BANK OF HEMET FOR CFD 2002- 1/LLPD#2 RESERVE DEPOSITS WHEREAS, the City of San Jacinto is required to set up an interest bearing account for the benefit of City of San Jacinto, Lighting Landscaping Park District #2, (LLPD#2) by virtue of refinancing Community Facilities District #2(CFD#2)and establishing Community Facilities District #2002-1 (CFD#2002-1) and City agreement with the majority bondholder and developer, and WHEREAS, the City of San Jacinto will set up an account for each separate developer in CFD#2002-1/LLPD#2; and WHEREAS, such deposited funds will be held with earned interest until needed by the City of San Jacinto for LLPD#2 to pay for annual maintenance costs of properties that are in CFD#2002-1 and LLPD#2 of which the City determines, on an annual basis, that the actual cost of providing such services is over and above the maximum assessment allowed to be assessed by the majority bondholder agreement and developer with the City or under LLPD#2 assessment limits; and WHEREAS, such bank account will be open as long as the majority bondholder or developer is required to deposit funds with the City under this agreement. At the end of the required period, any remaining funds will be refunded to the majority bondholder or developer; and WHEREAS, the City of San Jacinto and the Bank of Hemet have entered into a Business On -Line Banking Agreement by authority of Resolution 2362 on August 1, 2001; and WHEREAS, the City has previously designated the Mayor, Vice Mayor, City Manager and Finance Director as signers on the bank account; and WHEREAS, Bank of Hemet requires the City to adopt a corporate resolution and authorization to designate authorized signers on all bank accounts; Page 1 of 2