Loading...
HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 6/17/2004AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND JOINT MEETING WITH SOBOBA BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA JUNE 17, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Quast Tree Service, Tom Quast -- Recipient / Economic Development Specialist 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. JOINT MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SOBOBA COUNCIL OF THE BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA 3.1.1 Community Development Issues / Opportunities and Objectives / Discussion and Direction / City Council requested 3.1.2 Domenigoni Property / Discussion and Direction / Soboba Council requested City Council Amended Agenda June 17, 2004 Page 2 of 5 3.1.3 Greater Horse Shoe Property / Discussion and Direction / Soboba Council requested 3.1.4 Horse Shoe Property / Negotiate agreement to mitigate City's concerns for City's support of Horse Shoe Property Application / Discussion and Direction / City Manager requested 3.1.5 Soboba Sign Project and City Sign Ordinance / Discussion and Direction / Soboba Council requested 4. PUBLIC HEARING 4.1 Annexation of Property to Landscaping, Lighting and Park District No. 2 — (LLPD No. 2) Annexation No. 18 — APNs 435-071-013, 435-040-016, 435-055-055 / City Attorney 4.1.1 Resolution No. / A Resolution initiating proceedings for the Annexation of property into LLPD No. 2 — Annexation No. 18 ? Approve and Adopt 4.1.2 Resolution No. _ / A Resolution approving the Engineer's Report for the annexation of property to LLPD No. 2 — Annexation No. 18 / Approve and Adopt 4.1.3 Resolution No. _ / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 18 / Approve and Adopt / 4.1.4 Public Hearing — If the City Council determines that a majority protest does not exist, approve and adopt Resolution No. / A Resolution ordering annexation of territory to LLPD No. 2 (Annexation No. 18) and levying assessments 5. CITY DEPARTMENTS 5.1 Resolution No. / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4 / Approve and Adopt / Special Tax Consultant and City Attorney 5.2 City Attorney Retainer Agreement with Best Best & Krieger LLP / Approve and Authorize City Manager to execute agreement / City Attorney City Council Amended Agenda June 17, 2004 Page 3 of 5 5.3 Lake Park Drive Well / Modifications to pumping capacity / Approve upgrades to the pumping capacity of Lake Park Drive Well and Appropriate additional funding in the amount of $200,000 for pump, stand-by generator, and motor control center / City Engineer 6. 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 and address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. 6.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 06/17/04 / Approve / Finance Director 6.2 Memorandum of Understanding regarding preparation of Water Management Plan for the Hemet/San Jacinto Management Plan / Robert W. Hargreaves, City Attorney - Special Counsel for Water Matters and City Manager 6.3 Resolutions regarding the November 2, 2004 Consolidated Election / City Clerk 6.3.1 Resolution No. / A Resolution of the City Council of the City of San Jacinto calling a General Municipal Election on November 2, 2004 / Approve and Adopt 6.3.2 Resolution No. / A Resolution of the City Council of the City of San Jacinto adopting regulations for the candidates for elective office, pertaining to the electorate and the costs thereof for the General Municipal Election on November 2, 2004 / Approve and Adopt 6.4 Resolution No. / A resolution reducing the Estudillo Mansion Committee Members from nine to seven / Approve and Adopt / Community Development Director 6.5 Conflict of Interest Code / City Manager or his designee to review code, file a statement of review with City Clerk, and have Code revised as necessary / Direct / City Manager 6.6 Police Officers Association and Sergeants Association negotiated contract for severance / Approve $300,000 appropriation from General Fund / City Manager 6.7 Notice of Completion - Downtown Improvements / Approve and Authorize release of retention in the amount of $62,249.10, thirty (30) days after recordation of the Notice of Completion / City Engineer City Council Amended Agenda June 17, 2004 Page 4 of 5 6.8 Notice of Completion — First and Seventh Street Sidewalks and Miscellaneous Improvements / Approve and Authorize release of retention in the amount of $40,031.00 thirty (30) days after recordation of the Notice of Completion / City Engineer 6.9 Irrevocable Offers of Dedication of Rights -of -Way — Seventh and Sanderson Avenue / Accept Irrevocable Offers of Dedication for the northeast, northwest, and southwest corners of Seventh Street and Sanderson Avenue to accommodate the traffic signal installation by Lennar Communities associated with T30462 / City Engineer 6.10 Resolution No. _ / A resolution authorizing City Manager or Finance Director to execute escrow agreement for security deposits in lieu of retention and authorizing establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt / Finance Director 6.11 Landscaping, Lighting, and Park District No. 1 (LLPD No. 1) Accept the Engineer's Report for LLPD No. 1 / Approve and Adopt Resolution No. _ / A Resolution declaring the City's intention to levy and collect assessments within LLPD No. 1 for Fiscal Year 2004-2005 and giving NOTICE of setting the time and place of the hearing on the levy of the proposed assessment / Finance Director 6.12 Notice and Call for Special Meeting of the San Jacinto City Council June 30, 2004 / Receive and File / City Clerk 7. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 7.1 Committee and / or Agency Agendas / Receive and File / City Clerk 8. CLOSED SESSION 8.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-110-008 Agency negotiator: City Manager Negotiating parties: City of San Jacinto and Rocky Glen LLC Under negotiation: Price and Terms 8. ADJOURNMENT City Council Amended Agenda June 17, 2004 Page 5 of 5 If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. 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, Votodey4. ektaisaitd, ea* etela 4 ae eity sa, patheeci. do &ytelf e y rer 9 mowed eci de floated to hleelaief a9egda, aid l4 `ekuy °6 pee, 2004 ad uned 4 fau/. AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND JOINT MEETING WITH SOBOBA BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA JUNE 17, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1 ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Quast Tree Service, Tom Quast -- Recipient / Economic Development Specialist 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. JOINT MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SOBOBA COUNCIL OF THE BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA 3.1.1 Community Development Issues / Opportunities and Objectives / Discussion and Direction / City Council requested 3.1.2 Domenigoni Property / Discussion and Direction / Soboba Council requested City Council Agenda June 17, 2004 Page 2 of 5 3.1.3 Greater Horse Shoe Property / Discussion and Direction / Soboba Council requested 3.1.4 Horse Shoe Property / Negotiate agreement to mitigate City's concerns for City's support of Horse Shoe Property Application / Discussion and Direction / City Manager requested 3.1.5 Soboba Sign Project and City Sign Ordinance / Discussion and Direction / Soboba Council requested 4. PUBLIC HEARING 4.1 Annexation of Property to Landscaping, Lighting and Park District No. 2 — (LLPD No. 2) Annexation No. 18 — APNs 435-071-013, 435-040-016, 435-055-055 / City Attorney 4.1.1 Resolution No. / A Resolution initiating proceedings for the Annexation of property into LLPD No. 2 — Annexation No. 18 ? Approve and Adopt 4.1.2 Resolution No. _ / A Resolution approving the Engineer's Report for the annexation of property to LLPD No. 2 — Annexation No. 18 / Approve and Adopt 4.1.3 Resolution No. _ / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 18 / Approve and Adopt / 4.1.4 Public Hearing — If the City Council determines that a majority protest does not exist, approve and adopt Resolution No. _ / A Resolution ordering annexation of territory to LLPD No. 2 (Annexation No. 18) and levying assessments 5. CITY DEPARTMENTS 5.1 Resolution No. / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4 / Approve and Adopt / Special Tax Consultant and City Attorney 5.2 City Attorney Retainer Agreement with Best Best & Krieger LLP / Approve and Authorize City Manager to execute agreement / City Attorney City Council Agenda June 17, 2004 Page 3 of 5 6. 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 and address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. 6.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 06/17/04 / Approve / Finance Director 6.2 Memorandum of Understanding regarding preparation of Water Management Plan for the Hemet/San Jacinto Management Plan / Robert W. Hargreaves, City Attorney - Special Counsel for Water Matters and City Manager 6.3 Resolutions regarding the November 2, 2004 Consolidated Election / City Clerk 6.3.1 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto calling a General Municipal Election on November 2, 2004 / Approve and Adopt 6.3.2 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto adopting regulations for the candidates for elective office, pertaining to the electorate and the costs thereof for the General Municipal Election on November 2, 2004 / Approve and Adopt 6.4 Resolution No. / A resolution reducing the Estudillo Mansion Committee Members from nine to seven / Approve and Adopt / Community Development Director 6.5 Conflict of Interest Code / City Manager or his designee to review code, file a statement of review with City Clerk, and have Code revised as necessary / Direct / City Manager 6.6 Police Officers Association and Sergeants Association negotiated contract for severance / Approve $300,000 appropriation from General Fund / City Manager 6.7 Notice of Completion - Downtown Improvements / Approve and Authorize release of retention in the amount of $62,249.10, thirty (30) days after recordation of the Notice of Completion / City Engineer City Council Agenda June 17, 2004 Page 4 of 5 6.8 Notice of Completion — First and Seventh Street Sidewalks and Miscellaneous Improvements / Approve and Authorize release of retention in the amount of $40,031.00 thirty (30) days after recordation of the Notice of Completion / City Engineer 6.9 Irrevocable Offers of Dedication of Rights -of -Way — Seventh and Sanderson Avenue / Accept Irrevocable Offers of Dedication for the northeast, northwest, and southwest corners of Seventh Street and Sanderson Avenue to accommodate the traffic signal installation by Lennar Communities associated with T30462 / City Engineer 6.10 Resolution No. / A resolution authorizing City Manager or Finance Director to execute escrow agreement for security deposits in lieu of retention and authorizing establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt / Finance Director 6.11 Landscaping, Lighting, and Park District No. 1 (LLPD No. 1) Accept the Engineer's Report for LLPD No. 1 / Approve and Adopt Resolution No. / A Resolution declaring the City's intention to levy and collect assessments within LLPD No. 1 for Fiscal Year 2004-2005 and giving NOTICE of setting the time and place of the hearing on the levy of the proposed assessment / Finance Director 6.12 Notice and Call for Special Meeting of the San Jacinto City Council June 30, 2004 / Receive and File / City Clerk 7. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 7.1 Committee and / or Agency Agendas / Receive and File / City Clerk 8. CLOSED SESSION 8.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-110-008 Agency negotiator: City Manager Negotiating parties: City of San Jacinto and Rocky Glen LLC Under negotiation: Price and Terms 8. ADJOURNMENT City Council Agenda June 17, 2004 Page 5 of 5 If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. 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. Daudet l'. el4ouixacd, eitry Cfenk 4 rlre cite./ od Scut r9ae tto, do 414 act* rlcat 7 eauaed to de ed rlre 6azeyoio9 cleadd aia tf da y od pore, 2004 as waited 4 law. MAYOR'S AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND JOINT MEETING WITH SOBOBA BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA June 17, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order ❑ CaII meeting to order at 41)0 p.m. 1.2 Roll CallSay f7 4 1.3 Invocation — , Faith Tabernacle, San Jacinto ❑ Call on Rev. Leeper to lead invocation. 1.4 Pledge of Allegiance ❑ Call on to lead the Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Quast Tree Service, Tom Quast -- Recipient / Economic Development Specialist ❑ Call on Randy Williams, Economic Development Specialist to spotlight Quast Tree Service ❑ Present plaque 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. JOINT MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SOBOBA COUNCIL OF THE BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA 3.1.1 Community Development Issues / Opportunities and Objectives / Discussion and Direction / City Council requested 3.1.2 Domenigoni Property / Discussion and Direction / Soboba Council requested .,,jrv{,(,1J k1( 3.1.3 Greater Horse Shoe Property / Discussion and Direction / Soboba Council requested 3.1.4 Horse Shoe Property / Negotiate agreement to mitigate City's concerns for City's support of Horse Shoe Property Application / Discussion and Direction / City Manager requested 3.1.5 Soboba Sign Project and City Sign Ordinance / Discussion and Direction / Soboba Council requested 4. PUBLIC HEARING 4.1 Annexation of Property to Landscaping, Lighting and Park District No. 2 — (LLPD No. 2) Annexation No. 18 — APNs 435-071-013, 435-040- 016, 435-055-055 / City Attorney Call on City Attorney for staff report 4.1.1 Resolution No. _ / A Resolution initiating proceedings for the Annexation of property into LLPD No. 2 — Annexation No. 18 ? Approve and Adopt 4.1.2 Resolution No. _ / A Resolution approving the Engineer's Report for the annexation of property to LLPD No. 2 — Annexation No. 18 / Approve and Adopt 4.1.3 Resolution No. _ / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 18 / Approve and Adopt / OOOOOOO Open Public Hearing at p.m. Take public comments Close Public Hearing at p.m, CaII for Council discussion Call for motion and vote on 4.1.1 through 4.1.3 Order the City Clerk to open ballot envelopes Order the City Clerk to tabulate results Mayor's Ag June 17, : Page 2 ❑ Order the City Clerk to tabulate results ❑ Order the City Clerk to certify results 4.1.4 Public Hearing — If the City Council determines that a majority protest does not exist, approve and adopt Resolution No. A Resolution ordering annexation of territory to LLPD No. 2 (Annexation No. 18) and levying assessments 5. CITY DEPARTMENTS 5.1 Resolution No. / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4 / Approve and Adopt / Special Tax Consultant and City Attorney ❑ Call on City Attorney and Special Tax Consultant for staff report ❑ NOTE: "" Tract 30828 — Western Pacific — needs to be pulled and not included in Annexation No. 4. ❑ CaII for public comments ❑ Call for Council discussion O Order the City Clerk to open ballot envelopes O Order the City Clerk to tabulate and certify results O Call for motion and vote 5.2 City Attorney Retainer Agreement with Best Best & Krieger LLP / Approve and Authorize City Manager to execute agreement / City Attorney O Call on City Attorney John Brown for Staff Report O CaII for public comments O Cal for Council discussion O Call for motion and vote 5.3 Lake Park Drive Well / Modifications to pumping capacity / Approve upgrades to the pumping capacity of Lake Park Drive Well and Appropriate additional funding in the amount of $200,000 for pump, stand-by generator, and motor control center 1 City Engineer O Call on City Engineer Habib Motlagh for Staff Report ❑ Call for public comments O Cal for Council discussion ❑ CaII for motion and vote Mayor's Ag June 17,: Page 3 6. 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 and address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. 6.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 06/17/04 / Approve / Finance Director 6.2 Memorandum of Understanding regarding preparation of Water Management Plan for the Hemet/San Jacinto Management Plan / Robert W. Hargreaves, City Attorney - Special Counsel for Water Matters and City Manager 6.3 Resolutions regarding the November 2, 2004 Consolidated Election / City Clerk 6.3.1 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto calling a General Municipal Election on November 2, 2004 / Approve and Adopt 6.3.2 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto adopting regulations for the candidates for elective office, pertaining to the electorate and the costs thereof for the General Municipal Election on November 2, 2004 / Approve and Adopt 6.4 Resolution No. _ / A resolution reducing the Estudillo Mansion Committee Members from nine to seven / Approve and Adopt / Community Development Director 6.5 Conflict of Interest Code / City Manager or his designee to review code, file a statement of review with City Clerk, and have Code revised as necessary / Direct / City Manager 6.6 Police Officers Association and Sergeants Association negotiated contract for severance / Approve $300,000 appropriation from General Fund / City Manager 6.7 Notice of Completion - Downtown Improvements / Approve and Authorize release of retention in the amount of $62,249.10, thirty (30) days after recordation of the Notice of Completion / City Engineer Mayor's Ag June 17,: Page 4 6.8 Notice of Completion — First and Seventh Street Sidewalks and Miscellaneous Improvements / Approve and Authorize release of retention in the amount of $40,031.00 thirty (30) days after recordation of the Notice of Completion / City Engineer 6.9 Irrevocable Offers of Dedication of Rights -of -Way — Seventh and Sanderson Avenue / Accept Irrevocable Offers of Dedication for the northeast, northwest, and southwest corners of Seventh Street and Sanderson Avenue to accommodate the traffic signal installation by Lennar Communities associated with T30462 / City Engineer 6.10 Resolution No. _ / A resolution authorizing City Manager or Finance Director to execute escrow agreement for security deposits in lieu of retention and authorizing establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt / Finance Director 6.11 Landscaping, Lighting, and Park District No. 1 (LLPD No. 1) Accept the Engineer's Report for LLPD No. 1 / Approve and Adopt Resolution No. _ / A Resolution declaring the City's intention to levy and collect assessments within LLPD No. 1 for Fiscal Year 2004-2005 and giving NOTICE of setting the time and place of the hearing on the levy of the proposed assessment / Finance Director 6.12 Notice and Call for Special Meeting of the San Jacinto City Council June 30, 2004 / Receive and File / City Clerk ❑ If no items are pulled for discussion, call for a motion and vote. ❑ If items are pulled, request a staff report, public comments, a motion, and a vote. ❑ Recess the Regular Meeting to consider the Redevelopment Agency Agenda at P.m. ❑ Reconvene the Regular Meeting at p.m. 7. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 7.1 Committee and / or Agency Agendas / Receive and File / City Clerk ❑ Call for Council Reports Mayor's Ag June 17, Page 5 ❑ Recess the meeting and enter Closed Session at 8. CLOSED SESSION 8.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-110-008 Agency negotiator: City Manager Negotiating parties: City of San Jacinto and Rocky Glen LLC Under negotiation: Price and Terms 8. ADJOURNMENT ❑ CaII for motion and vote O Adjourn meeting at p.m. p.m. Mayor's Ag June 17,: Page 6 December 19, 2003 The Honorable Jerry Lewis House of Representatives 516 Canon House Office Building Washington, D.C. 20515 RE: Soboba Band of Luiseno Indians Settlement Legislation Dear Honorable Jerry Lewis: As the Mayor of the City of San Jacinto, I write to you today on behalf of the citizens of San Jacinto and the San Jacinto City Council to convey our support for the settlement achieved by the Soboba Band of Luiseno Indians, the Metropolitan Water District of Southern California, and the Eastern and Lake Hemet Municipal Water District, and also for the passage of settlement legislation in the second session of the 108th Congress. After 10 years of negotiation, assisted by a multi -agency Federal facilitation team, the Tribe and the three districts have reached a historic settlement that will resolve a multitude of claims. The settlement also will quantify the Tribe's water rights and together with a water management plan being developed by the area's non -Indian water users, will protect the water supply of the entire valley from future depletion. Now, the parties need your help to ensure its final approval by Congress. Under the settlement, the Soboba Tribe would receive: o An adequate and secure future water supply o $18 Million from the local water districts for economic development o $11 Million from the United States for water development o 128 acres of replacement land near the Reservation for commercial development. This letter is not intended to render a City opinion on any future gaming facility. The settlement also benefits the Tribe's neighbors, who would received: o Final resolution of the Tribe's water rights and claims o 7,500 acre-feet per year of new imported water until at least 2035 o $10 Million in federal funds to help recharge the aquifer with the imported water o Use of excess Soboba water during the next 50 years for basin restoration o New jobs and economic stimulation from Soboba commercial development Soboba Band of Luiseno Indians P.O. BOX 487 • SAN JACINTO, CA 92581 • TELEPHONE 19091654.2765 December 1, 2003 Jim Ayres, Mayor City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Dear Mr. Ayres: On behalf of the Soboba Tribe we seek your assistance in supporting us in this support letter that will complete our final process in the water settlement condition of the Soboba Tribe. As you will know we have been struggling with this matter for over forty years and finally have reached an agreement of the principal of the settlement of the water shed as well as the United States government and we are on our way in having legislation approved by congress. Your letter of support that will hopefully be addressed to our congressman Jerry Lewis in support of the Tribes issue would be greatly appreciated. As you will know we stand in support of the local views of the water situation in the Hemet/San Jacinto basin and look forward to a long standing partnership with the City of San Jacinto. In the event that you have any questions regarding the material or assistance on this matter, please contact our Tribal Administrator, Andrew Masiel at (909) 654-2765. In advance we thank you for your gracious support and assistance on this important matter. Respectfully, 'sc CR- Robert Salgadr. Tribal Chairman SOBOBA BAND OF LUISERO INDIANS AGENDA ITEM S December 18, 2003 TO: The Honorable City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Soboba Band of Luiseno Indians — Letter of Support RECOMMENDATION: Approve the attached letter of support for the Soboba Band of Luiseno Indians in their effort to complete the Water Settlement Agreement with Metropolitan water District of Southern California, Eastern Municipal Water District, and Lake Hemet Municipal Water District. BACKGROUND: On December 1, 2003, Mayor Ayres received a letter from Tribal Chairman Salgado, requesting the Council's support in the completion of the final process in their water settlement agreement and passage of legislation (see attached letter). Staff has revised the letter slightly from its original form to mitigate language that could have been sensitive. JUSTIFICATION: Support the local economy of our neighbor Tribal members. BUDGETARY IMPACT: None ATTACHMENTS: 1. Letter from Tribal Chairman Salgado dated December 1, 2003 2. Letter of Support Approvals City Manager: Finance Director: ASSESSMENT BALLOT ASSESSMENTS FOR FISCAL YEAR 2004-05 FOR ANNEXATION NO. 18 (ZONE 18) OF LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO 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 June 17, 2004, 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. 18 and Zone 18 for fiscal year 2004-05 in the amount of $251.97 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? ORANGE\JR\I 1310.1 SUPPORT OPPOSE X PROPERTY OWNER: AZAN INCORPORATED a California corporation By: Abe' amazan President DESCRIPTION OF PROPERTY: Assessor's Parcel Number: 435-040-016 ASSESSMENT BALLOT ASSESSMENTS FOR FISCAL YEAR 2004-05 FOR ANNEXATION NO. 18 (ZONE 18) OF LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO 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 June 17, 2004, 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. 18 and Zone 18 for fiscal year 2004-05 in the amount of $910.53 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 '/2%) in any fiscal year? ORANGEUR\I 1310.1 SUPPORT OPPOSE PROPERTY OWNER: AZAN INCORPORATED a California corpor By: Abe Ram President DESCRIPTION OF PROPERTY: Assessor's Parcel Number: 435-055-055 ASSESSMENT BALLOT ASSESSMENTS FOR FISCAL YEAR 2004-05 FOR ANNEXATION NO. 18 (ZONE 18) OF LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO 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 June 17, 2004, 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. 18 and Zone 18 for fiscal year 2004-05 in the amount of $141.26 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 '/2%) in any fiscal year? ORANGEUR\I 1310.1 SUPPORT OPPOSE PROPERTY OWNER: AZAN INCORPORATED a California corpora By: Abe Ram an President DESCRIPTION OF PROPERTY: Assessor's Parcel Number: 435-071-013 AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND JOINT MEETING WITH SOBOBA BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA JUNE 17, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Quast Tree Service, Tom Quast -- Recipient / Economic Development Specialist 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. JOINT MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SOBOBA COUNCIL OF THE BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA 3.1.1 Community Development Issues / Opportunities and Objectives / Discussion and Direction / City Council requested 3.1.2 Domenigoni Property / Discussion and Direction / Soboba Council requested City Council Amended Agenda June 17, 2004 Page 2 of 5 3.1.3 Greater Horse Shoe Property / Discussion and Direction /Soboba Council requested 3.1.4 Horse Shoe Property / Negotiate agreement to mitigate City's concerns for City's support of Horse Shoe Property Application / Discussion and Direction / City Manager requested 3.1.5 Soboba Sign Project and City Sign Ordinance / Discussion and Direction / Soboba Council requested 4. PUBLIC HEARING 4.1 Annexation of Property to Landscaping, Lighting and Park District No. 2 — (LLPD No. 2) Annexation No. 18 — APNs 435-071-013, 435-040-016, 435-055-055 / City Attorney 4.1.1 Resolution No. _ / A Resolution initiating proceedings for the Annexation of property into LLPD No. 2 —Annexation No. 18 ? Approve and Adopt 4.1.2 Resolution No. _ / A Resolution approving the Engineer's Report for the annexation of property to LLPD No. 2 — Annexation No. 18 / Approve and Adopt 4.1.3 Resolution No. _ / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 18 / Approve and Adopt / 4.1.4 Public Hearing — If the City Council determines that a majority protest does not exist, approve and adopt Resolution No. _ / A Resolution ordering annexation of territory to LLPD No. 2 (Annexation No. 18) and levying assessments 5. CITY DEPARTMENTS 5.1 Resolution No. _ / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4 / Approve and Adopt / Special Tax Consultant and City Attorney 5.2 City Attorney Retainer Agreement with Best Best & Krieger LLP / Approve and Authorize City Manager to execute agreement / City Attorney City Council Amended Agenda June 17, 2004 Pace 3 of 5 5.3 Lake Park Drive Well / Modifications to pumping capacity / Approve upgrades to the pumping capacity of Lake Park Drive Well and Appropriate additional funding in the amount of $200,000 for pump, stand-by generator, and motor control center / City Engineer 6. 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 and address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. 6.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 06/17/04 / Approve / Finance Director 6.2 Memorandum of Understanding regarding preparation of Water Management Plan for the Hemet/San Jacinto Management Plan / Robert W. Hargreaves, City Attorney - Special Counsel for Water Matters and City Manager 6.3 Resolutions regarding the November 2, 2004 Consolidated Election / City Clerk 6.3.1 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto calling a General Municipal Election on November 2, 2004 / Approve and Adopt 6.3.2 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto adopting regulations for the candidates for elective office, pertaining to the electorate and the costs thereof for the General Municipal Election on November 2, 2004 / Approve and Adopt 6.4 Resolution No. _ / A resolution reducing the Estudillo Mansion Committee Members from nine to seven / Approve and Adopt / Community Development Director 6.5 Conflict of Interest Code / City Manager or his designee to review code, file a statement of review with City Clerk, and have Code revised as necessary / Direct / City Manager 6.6 Police Officers Association and Sergeants Association negotiated contract for severance / Approve $300,000 appropriation from General Fund / City Manager 6.7 Notice of Completion - Downtown Improvements / Approve and Authorize release of retention in the amount of $62,249.10, thirty (30) days after recordation of the Notice of Completion / City Engineer City Council Amended Agenda June 17,2004 Page 4of5 6.8 Notice of Completion — First and Seventh Street Sidewalks and Miscellaneous Improvements / Approve and Authorize release of retention in the amount of $40,031.00 thirty (30) days after recordation of the Notice of Completion / City Engineer 6.9 Irrevocable Offers of Dedication of Rights -of -Way — Seventh and Sanderson Avenue / Accept Irrevocable Offers of Dedication for the northeast, northwest, and southwest corners of Seventh Street and Sanderson Avenue to accommodate the traffic signal installation by Lennar Communities associated with T30462 / City Engineer 6.10 Resolution No. _ / A resolution authorizing City Manager or Finance Director to execute escrow agreement for security deposits in lieu of retention and authorizing establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt / Finance Director 6.11 Landscaping, Lighting, and Park District No. 1 (LLPD No. 1) Accept the Engineer's Report for LLPD No. 1 / Approve and Adopt Resolution No. _ / A Resolution declaring the City's intention to levy and collect assessments within LLPD No. 1 for Fiscal Year 2004-2005 and giving NOTICE of setting the time and place of the hearing on the levy of the proposed assessment / Finance Director 6.12 Notice and Call for Special Meeting of the San Jacinto City Council June 30, 2004 / Receive and File / City Clerk 7. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 7.1 Committee and / or Agency Agendas / Receive and File / City Clerk 8. CLOSED SESSION 8.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-110-008 Agency negotiator: City Manager Negotiating parties: City of San Jacinto and Rocky Glen LLC Under negotiation: Price and Terms 8. ADJOURNMENT City Council Amended Agenda June 17, 2004 Page 5 of 5 If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. 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. Dowt.4 .Lr. 3lioaieaad, ea, eiark od the eity oa Scut 5acexto, do kore4ry eel doe 9 awed to de 'tooted die lmreyor rg 49e"da tlr[a daq o6 99aae, 2004 as aegeared 4 eu . I AGENDA ITEM E• June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Lake Park Drive Well — Modifications to Pumping Capacity RECOMMENDATION: By motion, approve the upgrades to the pumping capacity of Lake Park Drive Well per City's Consultant Stetson Engineering recommendations of June 10, 2004 (see attached); and appropriate additional funding in the amount of $200,000, to increase pumping capacity to 3,000 GPM from the originally designed 2,000 GPM. BACKGROUND: On April 1, 2004, the City Council awarded the public works contract to Beylik Drilling, Inc., in the amount of $1,134,600.00, plus 15% contingency ($1,304,790.), for the drilling of the City's fourth water well, equipment, and waterline installation on Main Street. Even though the City's contractor encountered some problems at the beginning of the project with piles of old bridge structures (unknown to the Stetson Engineering during design), the contractor has been very successful in testing for water quality and quantity. During drilling of the well, soils looked promising for greater pumping capacity than the 2,000 GPM in the original design. Therefore, under the recommendation of Stetson Engineering the well was drilled from the original design of 1,000' in depth to 1400', to increase the potential to 3,000 GPM, at an estimated cost of $200,000 for pump, stand-by generator, and motor control center (upgrades to handle the 3,000 GMP equipment). Since the City is concern with the current operation of existing wells and water reliability, staff is recommending the upgrade of the pumping equipment, which upgrade/modifications' result will most likely be equivalent to drilling another well, achieving savings due to the economy of scale. Page 1 of 2 DRAFT 1935-03 Covina June 10, 2004 Mr. Habib Motlagh 170-A Wilkerson Ave. Perris, CA 92570 SUBJECT: Modification of the Lake Park Drive Well Pumping Capacity Dear Mr. Motlagh: During drilling of the exploratory borehole for the Lake Park Drive Well, geologic data indicated the well site appeared to be in a highly productive aquifer. After providing this information to City staff, Stetson Engineers Inc. was informed the City of San Jacinto (City) is interested in increasing the well's design pumping capacity of 2,000 gallons per minute (gpm), as specified in the well construction specifications, to up to 3,000 gpm. Based on geologic and water quality data obtained from the exploratory borehole, the 3,000-gpm pumping capacity appears to be technically and economically feasible because of the following reasons. First, results from the exploratory borehole have confirmed the Lake Park Drive site is an excellent site for a water supply well. Good water -bearing formations (mostly poorly graded sand), found between depths of 600 and 1,200 feet below ground surface (bgs), suggest a high yield (production) well at small drawdowns. The quality of groundwater in these water -bearing formations appears to be excellent, with low levels of total dissolved solids and hardness. The contaminants of concern such as nitrate, iron, manganese, and arsenic have not been detected or detected just above the detection limits. More importantly, thick clay layers between 500 and 600 feet bgs have been identified which may Stephen B. Johnson, P.E. Vice President Stetson Engineers Inc. J:Uobs119351031WellConstruction\MotlaghLtr0608.doc AGENDA ITEM 4 .( June 17, 2004 TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Resolutions regarding Annexation of Property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto — Annexation No. 18 (APN's 435-071-013, 435-040-016, 435-055-055) 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. 18") b. Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 18"). c. Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 18"). 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 property generally located on the West side of State Street, North of Seventh 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 the street lights, traffic signals, graffiti removal and incidental expenses of the assessment district. Appr City Manager. Finance Director. Staff is recommending that the City Council take all action that is necessary to annex the property to LLPD No. 2 during the City Council meeting on June 17, 2004. The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich & Associates, Inc., to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the property to 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 June 17, 2004. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the the record owner of the property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on June 17, 2004. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If annexed, the District would finance the cost of maintaining and servicing various improvements that will benefit the property proposed to be annexed to the District, including street lights, traffic signals and graffiti removal. JUSTIFICATION: The adoption of the resolutions are required to annex the territory into the District. BUDGETARY IMPACT: No cost is attributed to this action. ATTACHMENTS: Resolution No's. and Page 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 (LLPD NO. 2) AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT (LLPD NO. 2 — ANNEXATION NO. 18) 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, and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2004-05 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the California Streets and Highways Code. SECTION 2. The Improvements shall include the following: SECTION 3. (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals; (b) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. The property to be specifically charged for the maintenance and servicing of such improvements shall include all of the land generally located on the West side of State Street, North of Seventh Street in the City of San Jacinto, County of Riverside, and shall be designated "Annexation No. 18 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. 18 to the District may be presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. 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 described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the maintenance and servicing of the improvements described in Section 2 hereof during fiscal year 2004-05. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council. Page 2 of 4 BY MOTION, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Jacinto on this 17th day of June, 2004 by the following vote, to wit: Ayes: Nays: Absent: Abstained: ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney Best Best & Kreiger, LLP Page 3 of 4 City of San Jacinto By Jim Ayres, Mayor EXHIBIT A Annexation No. 18 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: THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP 12, 112, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 60, PAGES 16 AND 17 OR PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2 MOST WESTERLY CORNER BEING DISTANT 30 FEET SOUTHEASTERLY FROM THE CENTERLINE GRAND AVENUE, AS SHOWN ON SAID MAP. THENCE ALONG THE EXTERIOR BOUNDARY OF SAID PARCEL 2 OF THE FOLLOWING DISTANCES: SOUTH 44 DEGREES 58' 27" EAST, 650.69 FEET; SOUTH 44 DEGREES 57' 48" WEST, 205.96 FEET; SOUTH 44 DEGREES 57' 58" EAST, 630.22 FEET; NORTH 44 DEGREES 44' 43' 21" EAST, 36.36 FEET; NORTH 89 DEGREES 58' 12 EAST 109.40 FEET; NORTH 0 DEGREES 04' 55" WEST, 290.08 FEET; TO THE TRUE POINT OF BEGINNING. THENCE; SOUTH 89 DEGREES 59' 56" EAST, 485.00 FEET; NORTH 0 DEGREES 04' 55" WEST, 391.84 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCELS 1 AND 2 NORTH 45 DEGREES 00' 11" WEST 568.04 FEET, TO AN ANGEL POINT ON SAID PARCEL 1; THENCE SOUTH 44 DEGREES 57' 48" WEST, 118.52 FEET; THENCE SOUTH 0 DEGREES 05' 49" EAST, 235.32 FEET; THENCE SOUTH 0 DEGREES 04' 19" WEST 474.29 TO THE TRUE POINT OF BEGINNING. ASSESSOR'S PARCEL NUMBER: 435-071-013 435-040-016 435-055-055 Page A-1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) OF THE CITY OF SAN JACINTO (LLPD NO. 2 - ANNEXATION NO. 18) WHEREAS, on June 17, 2004, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the 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. The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and servicing of street lights, traffic signals, graffiti removal and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of passage of Resolution No. , are hereby preliminarily approved and confirmed. 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. 18 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 17th day of June, 2004. City of San Jacinto ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney Best Best & Kreiger Page 2 of 3 By Jim Ayres, Mayor CERTIFICATION I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 17th day of June, 2004, by the following vote: Ayes: Nays: Absent: Abstained: WITNESS MY HAND AND OFFICIAL SEAL this 17th day of June, 2004. Dorothy L. Chouinard, City Clerk Page 3 of 3 ENGINEER'S REPORT Annexation No. 18: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: June 17, 2004 Confirmed Date: June 17, 2004 INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No. 18 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. 18 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 18 of the District and a copy of said Exhibit "A" may be found in the Appendix to this Report. The boundary includes the parcel of land that is located adjacent to the street lighting that will be funded by this assessment district. Said parcel of real property included within the District is described in detail on maps on file in the Riverside County Assessor's office or by an Assessor Parcel Number description. Zones The 1972 Act provides for areas within a district to be classified into different zones. Annexation No. 18 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 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 three parcels of land on which the Azan Development commercial site is situated and is designated as Zone 18. Future annexations will be assigned Zone designations; e.g. Zone 19, Zone 20, Zone 207A, Zone 21, 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 18 Improvements The improvements included in Zone 18 to be installed, operated, serviced, and maintained are street lighting, a traffic signal, and graffiti removal. Project landscaping will be maintained by the property owner. ************************************************* 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. 18 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 18, for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B", attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility, and for incidental costs to be funded by the District. LLPD No. 2 - Engineer's Report 2 Annexation No. 18 Notes: 1. Incidental Costs are prorated in proportion to the respective servicing and maintenance costs for each facility or improvement. 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 18 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. 18 for fiscal year 2004-2005 is estimated to be $1,303.76. The maximum annual assessment for the 2004-2005 fiscal year is $910.53 for the largest of three parcels comprising the project, $251.97 for the next largest parcel, and $141.26 for the smallest parcel. LLPD No. 2 - Engineer's Report 3 Annexation No. 18 RIEDRICII`& ASSOC., INC. JOHN A. FRIEDRICH, P.E. ASSESSMENT ENGINEER Date: fp - 2 -04 LLPD No. 2 - Engineer's Report 4 Annexation No. 18 APPENDIX EXHIBITS Exhibit "A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit "C" - Assessment Spread CITY OF SAN JACINTO LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2 Annexation No. 18 (Zone 18) COST ESTIMATE Unit Cosy Street Lights Park Maintenance Landscape Maintenance Storm Drain Mainl. Graffiti Removal TOTALS Item Quantity Unit Month Cost/Mo. Cost/Yr. CosVMo. CasUYr. Cost/Mo. CosUYr. Cost/Mo. CosVYr. Cost/Ma. CosVYr. Per Month Per Year an Development (3 Parcels - Commercial Site) Street Lilihts and Traffic Signal � ,. 'e -/, SY°t�' j rT`i'/ i,F i` x` .✓ 50.00 50.00 S0.00 50.00 $0.00 50.00 $0.00 50.00 $0.00 50.00 &. ., _ a v*» -`,"k ,xt 3-t.... 50.00 50.00 50.00 50.00 50.00 $0.00 50.00 $0.00 50.00 30.00 ''.... �s V s e . �r. X '( i .t_rx 50.00 S0.00 50.00 50.00 50.00 $0.00 50.00 S0.00 $0.00 50.00. .'^� � r � -..� �f '4i "fx .,Y, 50.00 $0.00 50.00 50.00 50.00 50.00 50.00 $0.00 50.00 50.00 '�G1 �o-�L Ja x a2 e,, 50.00 50.00 $0.00 50.00 $0.00 50.00 50.00 50.00 50.00 50.00 "`5 'cr•'r5 ,•.; ,gF4,a 50.00 $0.00 50.00 $0.00 50.00 $0.00 S0.00 50.00 50.00 50.00 r Fj ". 540.00 540.00 54.00 544.00 51.43 51.31 51.02 52.05 51.06 30.82 51.64 �.,x ., sr 4•fty } .,' C' 5480.00 5480.00 548.00 5528.00 517.18 515.71 512.27 524.54 512.76 59.82 519.83 $28 16 is 14'. $219.17 $00 55 'f�. t$246 ro5) 40.00 381.50 $8.15 $89.65 52.92 52.67 52.08 54.17 52.17 51.67 53.33 '.... 5337. 'isi§e.96`j $2,630.00 3660 .00 h TS ==ill s: ($2,901.04). 480.00 5977.96 $97.80 51,075.76 535.00 532.00 525.00 550.00 526.00 520.00 $40.00 Street Lights 22,0001umen 2 Ea.514.08 $28 16 $337 92 2r 0G• .ri:.: nt nits, ,. Trafic Signal - State 5l at 7th Maintenance Cost 1 Energy Cost (555/SlgnaUMonth) 1 m �x; L.S.fMo. L.SJMo. ,.• ,,� `. $219.17 $55 00 P($28.16 $219.17 555.00 °` ($3 9's3.; $2,830.04 $680.00 eY'("%''y°-r+rv�._ ifr .'."+'"; . i': i ...,.y I iiii lL " n ^ s- '•c:.,'. . ' i Removal ,1 + •y -f `,..� 1 =,-ra �: { �`�*r LS. -.". }j. 540 'y, ,�•J stij C c _ !,' ii 010.`,4) Subtotal, Maintenance and Servicing Contingency (10%) TOTAL, Maintenance and Servicing Incidental Costs 541.50 54.15 545.85 $497.96 S411.80 $547.76 Assessment Engineer Legal Counsel City Administration City Inspection Costs County Collection Fees Miscellaneous 1 1 1 1 1 1 L.S. L.S. L.S. L.S. LS. LS. 535 / yr 532 / yr 525 / yr 550 / yr 528 / yr 520 / yr $40 I 51.49 51.36 51.06 5212 51.10 $0.85 $1.70 517.82 516.29 512.73 525.48 $13.24 510.18 520.37 Reserve Fund 1 L.S. yr 50.00 0.00 $0.00 0.00 50.00 0.00 50.00 0.00 50.00 0.00 50.00 0.00 59.33 0.00 $111.91 0.00 519.00 0.00 $228.00 0.00 TOTAL. Incidental Costs $225 / yr $9.67 0.00 $118.09 0.00 Contributions to the District 50.00 50.00 50.00 50.00 50.00 $0.00 553.33 $839.91 $108.85 $1,303.78 TOTAL AMOUNT TO ASSESSMENT 555.32 5883.85 Total Assessment per Parcel = Varies Refer to Exhibit -C - Aeeeasment Spread n. Exhibit "B" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 18 (Zone 18) ASSESSMENT SPREAD Parcel Identification (APN) Property Owner Name Proposed Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($) Assessment per Parcel ($) Azan Development (Three Pa cels) 435-071-013 Azan Development R3 0.74 n/a $71.93 $0.00 $0.00 $0.00 $69.33 $141.26 $141.26 435-040-016 Azan Development R3 1.32 n/a $128.30 $0.00 $0.00 $0.00 $123.67 $251.97 $251.97 435-055-055 Azan Development R3 4.77 n/a $463.63 $0.00 $0.00 $0.00 $446.90 $910.53 $910.53 TOTALS 6.83 $663.85 $0.00 $0.00 $0.00 $639.91 $1,303.76 Current Ownership: Azan Development Address: 531 West Devonshire Avenue, Hemet, CA 92543 June 1, 2004 C-1 Exhibit "C" a 435-040-016 1.32 PC. 435-055-055 4.77 Ae. *OM COTTONWOOD_ AVE I _ 435-071-013 0.74 Ac. 11 SCALE EXIMA? 'A' BOUNDARY MAP LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 ANNEXATION NO. 18 I.r the CITY OF SAN JACIYTO FISCAL YEAR E004-100f ZONE 18 VWCIA7TY MAP ." NO N M NON S M ON .wl or M ON Of ON Nona awn - IMIM OINO•\ II`.O Or ITT?611. MO II M MO V M MOM YYR4 mMW • M mOR LIMO Is OM (Ol OR RAM ulna ®6f O M II.:fI MOO MOP NB ammo O M oxen, V NM= ANNZIONA .IQ M ILO NO MO® Oft WO PI .I Om O/ W O LAIN M MMP me NOOM MO@R% N OM FIN N le ONO If AC ONO= NNW MOM. NEI Pm RNN MONO I.R'Me _I r WOO- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2), TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2004-05 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON (LLPD NO. 2 - ANNEXATION NO. 18) 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, graffiti removal and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the 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: SECTION 1. 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 2004-05 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lighting, traffic signals, graffiti removal and appurtenant improvements; and (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. SECTION 2. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1, and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2004-05 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of Page 2 of 6 county taxes shall apply to the collection and enforcement of the assessments. SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals; (b) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 18 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. 18 is all the property which is identified by Riverside County Assessor's Parcel Numbers 435-071-013, 435-040-016 and 435-055-055. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 18 will be designated as Zone 18 of the District ("Zone 18"). The boundaries of Annexation No. 18 or Zone 18 are further described and shown in the Report. The territory included within Zone 18 is generally located on the West side of State Street, North of Seventh 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. SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of Annexation No. 18 and the assessments which are proposed to be levied on the Page 3 of 6 SECTION 6. assessable lots and parcels of property within Zone 18 for fiscal year 2004-05. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 18 or Zone 18 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. 18 or Zone 18, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. SECTION 7. Hearinq. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District No.1, and the assessments which are proposed to be levied for fiscal year 2004-05 is set for 7:00 p.m. on June 17, 2004, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. SECTION 8. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation No. 18 or Zone 18 to Landscaping, Lighting and Park District Page 4 of 6 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. 18 or Zone 18 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 17fh day of June, 2004. City of San Jacinto ATTEST: Dorothy L. Chouinard, City Clerk Page 5 of 6 By Jim Ayres, Mayor APPROVED AS TO FORM: City Attorney Best Best & Kreiger CERTIFICATION I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 17th day of June, 2004, by the following vote: Ayes: Nays: Absent: Abstained: WITNESS MY HAND AND OFFICIAL SEAL this 17th day of June, 2004. Dorothy L. Chouinard, City Clerk Page 6 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD NO. 2) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2004-05 (LLPD NO. 2 - ANNEXATION NO. 18) WHEREAS, on June 17, 2004, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 18" and "Zone 18," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the report of GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2004-05 upon assessable Tots and parcels of land within the territory which comprises Annexation No. 18 to and Zone 18 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: 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. 18 is described in the Report and includes all of the property generally located on the West side of State Street, North of Seventh Street 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 18 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 construction of any facilities which are appurtenant to any improvements listed in (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 18, 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. 18 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 18 of the Assessment District. The territory comprising Annexation No. 18 and Zone 18 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. SECTION 5. Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 18 of the Assessment District for fiscal year 2004-05 in the amounts set forth in the Report and in the Page 2 of 4 SECTION 6. assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 18 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 18 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index -All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable Tots and parcels of property in Zone 18 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 18. 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. ADOPTED, SIGNED AND APPROVED this 17th day of June, 2004. City of San Jacinto ATTEST: Dorothy L. Chouinard, City Clerk Page 3of4 By Jim Ayres, Mayor APPROVED AS TO FORM: City Attomey Best Best & Kreiger CERTIFICATION I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 17th day of June, 2004, by the following vote: Ayes: Nays: Absent: Abstained: WITNESS MY HAND AND OFFICIAL SEAL this 17th day of June, 2004. Dorothy L. Chouinard, City Clerk Page 4 of 4 AGENDA ITEM 5• June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Special Tax Consultant and City Attorney SUBJECT: Resolution regarding annexation of territory into Community Facilities District No. 2003-1 (CFD 2003-1) for Police and Fire Services (CFD 2003-1, Annexation No. 4) RECOMMENDATION: By motion approve and adopt Resolution No. / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-01. BACKGROUND: The City Council and Planning Commission have recently identified the need for additional funding sources for police protection and fire protection and suppression services, especially those services that are created by new development within the City. In response to the need for additional funding for such services, the City Council formed Community Facilities District 2003-1 (the "District') and the levy of special taxes therein. On November 6, 2003, the City Council called an election of the landowners affected by the formation of the District and the levy of special taxes. The landowners approved the formation of the District and levy of special taxes with over a two-thirds majority vote of the voters voting. On June 3, 2004, the City Council approved the Future Annexation Area and a process to expedite the annexation of territory into the District. Several developers are developing certain real property within the boundaries of the Future Annexation Area. As a condition to receiving the building permits from the City, most developers must annex its territory into the District. The developers now desire to be annexed into the District in order to obtain building permits. JUSTIFICATION: The adoption of the resolution is required to annex the territory into the District. BUDGETARY IMPACT: The annexation of the developers' property into the District will have a beneficial impact to the City's budget in that, upon implementation of the proposed annexation, would assist in the funding of police and fire services that would otherwise come from the City's general fund. ATTACHMENTS: Resolution No Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACITIES DISTRICT NO. 2003-1 (ANNEXATION NO. 4) WHEREAS, the City Council of the City of San Jacinto (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 (the "CFD No. 2003-1"); and, WHEREAS, the legislative body has also established a procedure to allow and provide for future annexations to CFD No. 2003-1 and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1, FUTURE ANNEXATION AREA (the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to CFD No. 2003-1 has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. 4 (the "Annexed Area"); and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding June 17, 2004, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Govemment Code Section 53317(f) and each such landowner who is the owner of record as of June 17, 2004, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS, the City Clerk of the City of San Jacinto has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to this City Council regarding the results of such canvas, Page 1 of 3 a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election; and WHEREAS, a map showing the Annexed Area and designated as Annexation No. 4 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, that: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. FINDINGS. This legislative body does hereby determine as follows: SECTION 3. SECTION 4. A. The unanimous consent to the annexation of the Annexed Area to CFD No. 2003-1 has been given by all of the owners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk. B. Less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding June 17, 2004, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f). C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to CFD No. 2003-1. ANNEXED AREA. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities are shown on the Annexation Map as submitted to and hereby approved by this legislative body. DECLARATION OF ANNEXATION. This legislative body does hereby determine and declare that the Annexed Area is now added to and becomes a part of CFD No. 2003-1. The Page 2 of 3 City Council, acting as the legislative body of CFD No. 2003- 1, is hereby empowered to levy the authorized special tax within the Annexed Area. SECTION 5. NOTICE. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. APPROVED AND ADOPTED this the 17th day of June 2004, by the following votes: Ayes: Nays: Abstain: Absent: ATTEST: Dorothy Chouinard, City Clerk APPROVED AS TO FORM: City Attorney Best Best & Krieger, LLP CITY OF SAN JACINTO By Jim Ayres, Mayor Page 3 of 3 Exhibit A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF SAN JACINTO The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 SPECIAL ELECTION ANNEXATION NO. 4 in the City, held June 17, 2004. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2003-1 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: WITNESS my hand this 17th day of June, 2004. YES NO Dorothy L. Chouinard, City Clerk Election Official City of San Jacinto State of Califomia Page A-1 EXHIBIT B SHEET 1 OF 10 ANNEXATION MAP NO. 4 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA Reference is hereby made to that certain map entitled "Amended Boundaries of City of San Jacinto Community Facilities District No. 2003-1, County of Riverside, State of California," filed the 22nd day of December, 2003, at the hour of 8 o'clock a.m. in Book 55 at pages 58-59, and as instrument number 2003-995886 in the office of the County Recorder of the County of Riverside, State of California, which this Annexation Map affects. FRUITVA VICINITY MAP ,■S;eet55 MIME ps 67, As Rim HELM\111 li A E. n U!'!" ■■■■■■■\ Prepared by David Taussig & Associates. Inc. Exempt recording requested per CA Govemment Code § 6103 (1) Filed in the office of the City Clerk of the City of San Jacinto this _ day of , 2004. Dorothy L. Chouinard, San Jacinto City Clerk (2) I hereby certify that the within map showing the proposed boundaries of Annexation No. 4 to City of San Jacinto Community Facilities District No. 2003-1, Riverside County, State of Califomia, was approved by the City Council at a regular meeting thereof, held on this day of , 2004, by its Resolution No. Dorothy L. Chouinard, San Jacinto City Clerk (3) Filed this _ day of , 2004, at the hour of o'clock _m, in Book of Maps of Assessment and Community Facilities Districts at page and as Instrument No. in the office of the County Recorder of Riverside County, State of California. Fee County Recorder of Riverside County SHEET 2 OF 10 Lij !=c SANDERSON ANNEXATION MAP NO. 4 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA DL 0 RODGERS WY. Lii gq COTTONWOOD ST. LEGEND IN _ Boundaries of Annexation No. 4 to NII City of Son Jacinto Community Facilities District No. 2003-1 431-090-Onn Assessor Parcel Number m cc z 0 .4 Reference is hereby made to the Assessor maps of the County of Riverside for an exact description of the lines and dimensions of each lot and parcel. SEVENTH ST. Prepared by David Taussig & Associates, Inc. SHEET 3 OF 10 ANNEXATION MAP NO. 4 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA COTTONWOOD ST. SEVENTH ST. W 0 0 ESPLANADE AVE CAWSTON LEGEND Boundaries of Annexation No. 4 to City of San Jacinto Community Facilities District No. 2003-1 431-140 - 004 Assessor Pacd Number Reference is hereby made to the Assessor maps of the County of Riverside for an exact description of the lines and dimensions of each lot and parcel. Prepared by David Toussig & Associates, Inc. SHEET 4 OF 10 ANNEXATION MAP NO. 4 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA LYON AVE. COTTONWOOD ST. SEVENTH ST. PALM AVE. LEGEND Boundaries of Annexation No. 4 to MEI NM City of San Jacinto Community Facilities District No. 2003-1 431-170-Onn Assessor Parcel Number Reference is hereby made to the Assessor maps of the County of Riverside for an exact description of the lines and dimensions of each lot and parcel. ENTERPRISE AVE. INVESTOR 431-170-022 Prepared by David Taussig & Associates, Inc. SHEET 5 OF 10 cn O 2 m cn O J O a Q LEGEND ANNEXATION MAP NO. 4 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA Boundaries of Annexation No. 4 City of San Jacinto Community Facilities District No. 2003-1 433-160-nnn Assessor Parcel Number to MAIN ST. SEVENTH ST. Prepared by David Toussig & Associates. Inc. Reference is hereby made to the Assessor maps of the County of Riverside for an exact description of the lines and dimensions of each lot and parcel. SHEET 6 OF 10 aJ� V`' PJ Prepared by David Taussig & Associates, Inc. ANNEXATION MAP NO. 4 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA of LEGEND Boundaries of Annexation No. 4 to City of San Jacinto Community Facilities District No. 2003-1 434-461 -Onn Assessor Parcel Number Reference is hereby made to the Assessor maps of the County of Riverside and Tract No. 22950-3 for an exact description of the lines and dimensions of each lot and parcel. Qo SHEET 7 OF 10 SEVENTH ANNEXATION MAP NO. 4 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA STREET Reference is hereby made to the Assessor maps of the County of Riverside for an exact description of the lines and dimensions of each lot and parcel. LEGEND Boundaries of Annexation No. 4 to City of San Jacinto Community Facilities District No. 2003-1 435-Onn-nnn Assessor Parcel Number Prepared by David Taussig & Associates, Inc. AGENDA ITEM 5,A June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: City Attorney Retainer Agreement RECOMMENDATION: Approve Updated Retainer Agreement between the City of San Jacinto and Best, Best & Krieger LLP and Authorize City Manager to Execute Updated Retainer Agreement BACKGROUND: City Attorney services are provided to the City of San Jacinto through a retainer agreement with Best, Best & Krieger LLP. The last update to the retainer agreement was over four years ago. That agreement provides that it is to be reviewed annually. However, it has not been formally reviewed or updated during that time. Therefore, the City Attorney has proposed an updated retainer agreement that is consistent with terms agreed to by other local cities. Below are highlights of the changes that the proposed updated retainer agreement provides for. Retainer amount. The retainer amount is the amount that the City pays the City Attorney for general legal services, regardless of the amount of time spent by the City Attorney on legal services. It is best analogized to the amount that the City would pay for regular (i.e., non -specialized) legal services through in-house legal staff. Currently, the retainer amount is $8,500 per month or $102,000 per year. Analogizing the retainer amount to the amount the City would pay for an in-house legal staff, this amount is significantly lower than what it would cost to employ one in-house attorney, much less two (which is the number of attorneys generally recognized to be necessary to staff a City's in-house legal department). This number is especially low when considering the necessary support costs that Page 1 of 4 Approvals City Manager: Finance Director: would be required of an in-house legal staff. Such support costs include a secretary, a paralegal and the attendant legal library costs. Because the City contracts with BBK, the City actually receives the benefit of more than one attorney for its general legal services, as well as numerous other attorneys at BBK with specialized areas of municipal expertise (i.e., cable T.V. franchise expert, code enforcement, planning, solid waste franchise expert, etc.). Therefore, the City Attorney proposes increasing the retainer amount to $15,000 per month, or $180,000 per year. This amount is still much less than what it would cost the City to employ one in-house attorney, complete with necessary staffing, much less two such attorneys. Because the City receives the benefits of more than one attorney, the City Attorney believes that this increased amount represents a reasonable amount. In addition, this amount is more in line with what other cities in the area pay for general retainer municipal services. By increasing the retainer amount to an amount that more accurately reflects the amount of time spent by the City Attorney on more routine legal matters (i.e., responding to routine requests, attendance at City Council, Planning Commission and staff meetings, etc.), it is hoped that the City can ensure preventative lawyering, whereby legal issues are resolved before they become costly litigation matters. The City Attorney believes that the low number of lawsuits currently pending against the City is a testament to this approach, and that the number of lawsuits can be further decreased with continued aggressive preventative lawyering. Special Services. While the retainer amount covers the general legal services provided by the City Attorney, special services are those that require special expertise. These are the type that the City would, if it employed an in-house city attorney or a smaller contract city attorney firm, generally have to retain special counsel, thus paying higher rates. The proposed retainer agreement maintains all of the classes of special services included in the existing retainer agreement (litigation matters, labor matters, and environmental issues including natural resources, endangered species and water law matters), but adds redevelopment and code enforcement litigation since these are also a specialized areas of municipal law. As a result of an ordinance passed by the City Council this past year, legal costs associated with code enforcement matters can be recovered by the City from the offending party. The proposed retainer agreement revises the rates for specialized services (which currently range from $130-$185 per hour for attorneys, depending on the experience level of the attorney, and $95 per hour for paralegals) to a single, flat rate of $195 per hour for all attorneys and $110 for all paralegals. Reimbursable. The City is legally entitled to be reimbursed from the private sector for many legal services that technically are provided to the City. These primarily are from development projects. The rates the City is charged for its retainer services and special services rates are lower than those paid by private clients of BBK. However, the private market indirectly receives the benefits and Page 2 of 4 high degree of BBK's expertise. Therefore, rather than provide the benefit of lower legal rates to the private market, the proposed retainer agreement would provide for private BBK rates for those services that the City is legally entitled to reimbursement for. The current retainer agreement provides for reimbursable rates ranging from $95 for paralegals to $185 for senior attorneys, and references only development projects. However, for clarity, the proposed agreement expressly includes other aspects of such development projects, such as BBK's review of CC&Rs, legal assistance in establishing and maintaining various financing districts (i.e., CFDs; LLPDs, LLMDs), and environmental review for which the City is entitled to reimbursement. The amount that would be charged is based on the private rates that each of the various attorneys in BBK charge private clients, depending on the attorney's particular area of expertise. The City Attorney has worked closely with the rest of City staff to help establish a process that ensures that these costs are passed along to the private sector, and will continue to do so under the proposed agreement. By doing so, the effect of the higher, private rates, are expected to not affect the City, but instead will be passed directly along to the private sector. Bond Services. The City does not regularly issue bonds. However, similar to reimbursable expenses, which are indirectly paid for by the private sector, the City Attorney is proposing increased rates for the formation of CFD and Assessment Districts involving bonds. Specifically, the landowners petitioning for inclusion into a financing district for which bonds are issued would be required to pay an initial $12,000 for the costs of preparing the formation and bond documents. In addition to this flat rate, bond counsel is generally paid based on the value of the bonds that are ultimately issued. The City Attorney is proposing changing the category of the lowest tier of assessment district bond amounts from $6,000,000 to $10,000,000. Likewise, for tax allocation bonds, incremental categories are being changed so that all but the highest category are increments of $10,000,000. Finally, for general obligation and tax and revenue anticipation notes, the legal fees are based on a per hour basis. These rates are proposed to be changed from $275 to $350 per hour for attorneys and $95 to $100 per hour for paralegals. The City Attorney believes that these rate adjustments bring the City more into line with what other cities in the area are paying for the highly specialized training of BBK's bond department. Future Rate Increases. In order to avoid having to be reviewed every year, the City Attorney is recommending that the proposed retainer amount be increased automatically on each anniversary in an amount based on the local CPI index. Of course, the City Council would still retain the discretion to modify rates during the course of BBK's representation. Page 3 of 4 JUSTIFICATION: The proposed retainer agreement is justified because it fulfills the current agreement's obligation to regularly review the agreement, and brings the rates into accord with other legal retainer agreements found in other cities. BUDGETARY IMPACT: As outlined in the recent City Attorney Statement, prepared for the 2004-2004 budget, the City Attorney has worked closely with staff to reduce legal costs through preventative Iawyering, while at the same time providing creative solutions to legal problems facing the City. By assisting in the reduction of litigation, passing -through of reimbursable costs to the private sector, and the anticipated reduction of labor costs resulting from the City Council's recent move to the Sheriff's Department, the City Attorney believes that, even with the rate increases proposed, the total City Attorney annual budget can be maintained at or very near the 2003-2004 amount. In addition, the City Attorney has provided the City Manager with a list of ways to help further reduce the costs of providing legal services, which the City Attorney stands ready to work with staff to implement. ATTACHMENTS: Proposed Agreement for Legal Services (2004) Agreement to Provide Legal Services to the City of San Jacinto (2000) Page 4 of 4 AGREEMENT FOR LEGAL SERVICES CITY OF SAN JACINTO 1. PARTIES AND DATE. THIS AGREEMENT FOR LEGAL SERVICES ("Agreement") is made as of the day of 2004, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K"). BB&K and CITY are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 The CITY wishes to continue to engage the services of BB&K as its City Attorney to perform all necessary legal services for the CITY. BB&K wishes to provide all such services and, to that end, agrees to provide certain of such services at rates substantially below market. 2.2 This Agreement is made pursuant to California Government Code section 53060 and in compliance with all existing regulations of the Fair Political Practices Commission and amended Rules of Professional Conduct of the State Bar of California. 3. TERMS. 3.1 Scope of Services. BB&K shall serve as City Attorney and shall perform legal services as may be required from time to time by the CITY and its officers. As directed by the City Council or the City Manager, the legal services provided by BB&K under this Agreement shall include regular attendance at all regular, adjourned regular and special meetings of the City Council, Planning Commission meetings and/or other board, commission or committee meetings as necessary, and weekly attendance at City Hall office hours, if requested. BB&K shall also be responsible for the preparation or review of all CITY ordinances and resolutions, together with such agreements, deeds and other legal documents as requested by the CITY. Further, BB&K shall render to the officers and employees of the CITY legal advice and opinions on all matters affecting the CITY, the City Council, the Redevelopment Agency, the City Planning Commission, the City's Water and Sewer Department and other departments, boards, commissions or committees, including general governmental matters, liability claims and risk management, employee relations, and other redevelopment and bond counsel matters, negotiations, enviromnental and tax increment matters, conflicts of interest, and civil and criminal litigation arising therefrom. 3.2 Authorization of Work. Any legal service provided under this Agreement must be authorized by the City Council or the City Manager. 1 RVPUBUSB\673554.1 DRAFT 3.3 Quality Control. BB&K will fully cooperate with the CITY and the City Manager and will keep the CITY and its staff informed of the status and progress of all pending matters and all legal matters of importance. BB&K will manage and control the delivery of all legal services hereunder in a professional, competent and cost-effective manner. 3.4 Assistance. The CITY agrees to provide all information and documents necessary for the attorneys at BB&K to perform their obligations under this Agreement. 3.5 Discretion; Right to Employ Other Counsel. It is the intent of the Parties that all legal matters for the CITY will be handled by BB&K. However, nothing in this Agreement shall be construed in any manner to limit the ultimate and absolute discretion of the City Council at any time to assign legal work to other legal counsel. 3.6 Services and Compensation. BB&K shall render and bill for legal services in the following categories. The CITY shall pay for such services based on the following rates, or as they are adjusted from time to time by mutual consent. 3.6.1 General Legal Services: For preparation for, attendance at and participation in City Council meetings and other meetings as requested, and for the drafting, reviewing and counseling work arising therefrom and from day to day public law matters, the CITY shall pay BB&K a monthly retainer of Fifteen Thousand Dollars ($15,000.00). The monthly retainer shall be adjusted annually for cost of living as shown by the U.S. Department of Labor in its All Urban Consumers Index as set forth for the Los Angeles -Anaheim -Riverside area. 3.6.2 Specialized Legal Services: All legal services fitting this category shall be billed separately at the following hourly rates: $195/hour blended rate for all attomeys; $110/hour for paralegals and law clerks. This category shall include all hourly legal services in excess of the monthly retainer for specialized legal services including, but not limited to, the following: (1) Litigation matters, including code enforcement litigation. (2) Labor and employment matters. (3) Redevelopment Agency matters. (4) Environmental issues including natural resources, endangered species and water law matters. 3.6.3 Reimbursable Services: All legal services fitting this category shall be billed separately at the rate then charged to non-public agency clients of BB&K for the applicable attorney, paralegal and/or law clerk. This category shall include all legal services for which the City is entitled to recover its legal costs, whether pursuant to contract or by statute or ordinance, and shall include, but not be limited to the following: (1) Review of Covenants, Conditions and Restrictions ("CC&Rs"). (2) Financing districts (i.e., Community Facilities Districts; Assessment 2 RVPUBU581673554 1 DRAFT (3) Districts; Landscape and Lighting Maintenance Districts). Land Use/Environmental projects for which the City is entitled to reimbursement. 3.6.4 Bond Counsel Services: For bond counsel and special counsel services in connection with tax exempt or taxable financings, BB&K shall be compensated, depending upon the type of bonds, certificates or participation or other obligations which are to be issued, based on generally prevailing rates at the time. A schedule of bond rates is attached as Exhibit "A" to this Agreement and incorporated herein by this reference. Unless otherwise agreed to in writing by the CITY, BB&K shall be compensated for such services solely from the proceeds of the sale of the bonds, certificates of participation or other obligations issued. BB&K shall prepare a separate written agreement for services provided under this paragraph. Prior to commencing work on any Bond Counsel Services, BB&K shall obtain approval from the City Council, City Manager and/or their designee to insure that such work is properly defined as Bond Counsel Services and that such work has been authorized. 3.7 Cost Reimbursement and Exceptions. The CITY shall reimburse BB&K for all out-of-pocket expenses incurred by BB&K in providing legal services under this Agreement, including charges for printing and copying expenses; automobile mileage for travel to and from City Hall and other locations on behalf of the City from the Riverside office of BB&K; telephone and fax charges; and routine electronic legal research as needed regarding matters handled as General Legal Services. However, no separate charge shall be made by BB&K for secretarial or word processing services. 3.8 Billing. BB&K shall submit monthly to the CITY a statement of account for the retainer and individual invoices for the balance of the legal services provided under this Agreement. The CITY shall review BB&K's monthly statements and shall pay BB&K for all legal services rendered and costs incurred, as provided for in this Agreement, on a monthly basis 3.9 Increases to Compensation. Notwithstanding anything herein to the contrary, BB&K or the City Council may initiate consideration of a rate increase. Such rate increase may be approved or denied by the City Council in its sole and absolute discretion. 3.10 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of BB&K, its partners, associates and employees were a substantial inducement for the CITY to enter into this Agreement. Therefore, BB&K shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of the CITY. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors, or otherwise, without the prior written approval of the CITY. 3.11 Independent Contractor. BB&K shall perform all legal services required under this Agreement as independent contractor of the CITY and shall remain, at all times as to the CITY, a wholly independent contractor with only such obligations as are required under this 3 RVPUBUSB\673554. I DRAFT Agreement. Neither the CITY, nor any of its employees, shall have any control over the manner, mode or means by which BB&K, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The CITY shall have no voice in the selection, discharge. supervision or control of BB&K's employees, representatives or agents, or in fixing their number, compensation, or hours of service. 3.12 Term; Termination of Agreement. The teen of this Agreement shall commence on July 1, 2004 and shall continue in full force and effect until terminated as provided herein. This Agreement may be terminated at any time upon thirty (30) days written notice from either Party, with or without cause. In the event of such termination, the CITY shall pay BB&K professional fees and costs, in accordance with this Agreement, for all services provided and costs incurred through the date of termination of this Agreement. The CITY agrees to execute, upon request, a stipulation in such form as to permit BB&K to withdraw as attorneys of record in any legal action then pending. BB&K shall make available to the CITY, or to counsel designated by the CITY, all documents and records of the legal services provided to the CITY and shall assist to the fullest extent possible in the orderly transition of all pending matters to the CITY's new counsel. 3.13 Insurance Coverage. BB&K carries errors and omissions insurance with Lloyd's of London. After a standard deductibility amount, this insurance provides coverage which exceeds the amount required by the State of California. 3.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.15 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.16 Time of Performance; Efficiency of Services; Cooperation. The services of BB&K shall be performed expeditiously in light of the purposes of this Agreement. BB&K shall follow all procedures as established by the CITY consistent with its duties as City Attorney. BB&K shall work cooperatively with the City Council and City Manager and keep them informed on all matters of importance as they arise. SIGNATURES ON FOLLOWING PAGE 4 RVPUBUSB\673554.1 DRAFT CITY OF SAN JACINTO By: Date: Jim Ayres Mayor Attest: Date: Dorothy L. Chouinard City Clerk BEST BEST & KRIEGER LLP By: Date: John E. Brown, Partner City Attomey RVPUBUSB1673554.1 DRAFT EXHIBIT "A" TO LEGAL SERVICES AGREEMENT (SCHEDULE OF BOND COUNSEL FEES) 1. Certificates of Participation and Revenue Bonds. For services in connection with the issuance and sale of certificates of participation and revenue bonds, BB&K shall be paid a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount of the certificates of participation or bonds to be sold, computed as follows: .50% of the first $10 million of the amount of the certificates or bonds issued, plus .25% of the next $10 million of the amount thereof, plus .125% of the amount thereof, if any, over $20 million. 2. Community Facilities Districts. For services in connection with the issuance and sale of bonds of community facilities districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Community Facilities District, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, BB&K will charge a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows: .50% of the first $10 million of the amount of the bonds issued, plus .25% of the next $10 million of the amount thereof, plus .125% of the amount thereof, if any, over $20 million. 3. Assessment Districts. For services in connection with the issuance and sale of bonds of assessment districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Assessment District, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, BB&K will charge a fee which will be the greater of (i) $25,000 or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows: .50% of the first $10 million of the amount of the bonds issued, plus A-1 RVPUBUSB1673554.1 DRAFT .25% of the next $10 million of the amount thereof, plus .125% of the amount thereof, if any, over $16 million. 4. Tax Allocation Bonds. For services in connection with the issuance and sale of tax allocation bonds. BB&K shall be paid a fee which will be the greater of (i) $30,000, or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows: .50% of the first $10 million of the amount of bonds issued, plus .25% of the next $10 million of the amount of bonds issued, plus .20% of the next $10 million of the amount of bonds issued, plus .15% of the next $10 million of the amount of bonds issued, plus .125% of the amount thereof, if any, over $40 million. 5. General Obligation Bonds and Tax and Revenue Anticipation Notes. For services in connection with the issuance and sale of general obligation bonds and tax and revenue anticipation notes of the City, BB&K shall be paid a fee which shall be determined based on the time expended by the attorneys and attorney assistants who perform services in connection with the issuance and sale of such bonds or notes at the following hourly rates: Attorneys (including partners and associates): $350; Paralegals and Clerks: $110. 6. Conduit Borrowings. For services in connection with the issuance of bonds for and on behalf of conduit borrowers to finance industrial development facilities, multifamily housing projects and other projects qualifying for tax-exempt financing, BB&K shall be paid a fee which will be $30,000 for any bond issuance of $3,000,000 or less. Because bond counsel fees for conduit bonds are paid by the conduit borrower, we would expect to negotiate the fee for any transaction over $3,000,000 with the conduit borrower, subject to approval by the City. A-2 RV PUBUSB1673554.1 DRAFT AGREEMENT TO PROVIDE LEGAL SERVICES TO THE CITY OF SAN JACINTO This Agreement to Provide Legal Services to the City of San Jacinto ("Agreement") is made as of the 20th day of January, 2000, by and between the City of San Jacinto ("City"), a California municipal corporation, and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law ("BB&K"). The City wishes to engage the services ofBB&K as City Attorney on the terms set forth below. 1. TERM. The term of this Agreement shall commence on January 6, 2000, and shall continue in full force and effect until terminated in accordance with Section 10. 2. SCOPE OF SERVICES. BB&K shall serve as City Attorney and shall perform legal services as may be required from time to time by the City and its officers as set forth by this Agreement. As part of the Services to be performed hereunder, BB&K shall be responsible for preparation for and attendance at all regular, adjourned regular and special City Council meetings; Planning Commission and/or other board, commission or committee meetings as necessary; and weekly attendance at City Hall office hours, if required. BB&K shall also be responsible for the preparation or review of all City ordinances and resolutions, together with such agreements, deeds and other legal documents as requested by the City. Further, BB&K shall render to officers and employees of the City legal advice and opinions on all matters affecting the City, the City Council, the Redevelopment Agency, the City Planning Commission, the City's Water and Sewer Department and other departments, boards, commissions or committees, as directed by the City Council and the City Manager. John E. Brown, a partner ofBB&K, shall be the individual designated as City Attorney and shall be responsible for the performance of services under this Agreement and the supervision of services performed by other members ofBB&K. No change in this assignment shall be made without the consent of the City. 3. TIME OF PERFORMANCE. The services ofBB&K shall be performed expeditiously in light of the purposes of this Agreement. RVPUBVEB1544327 4. SERVICES AND COMPENSATION. 4.1 General Legal Services. The City shall pay BB&K a monthly retainer ofEight Thousand Five Hundred Dollars ($8,500) in compensation for General Legal Services and Costs. General Legal Services are defined as follows: 4.1.1 Preparation for and attendance at regular, adjourned regular and special City Council, commission, board and committee meetings; 4.1.2 Attendance at weekly office hours on each Thursday afternoon from 1:00 p.m. to 5:00 p.m., or as otherwise requested by the City Manager; 4.1.3 Attendance of semi-monthly meetings with the City Manager, semi- monthly Agenda preparation meetings, periodic meetings with City Council subcommittees, brief telephone consultations; RVPUBUEBW4327 4.1.4 Responding to routine legal inquiries from City staff; 4.1.5 Preparation of routine ordinances, resolutions and contracts, assistance in preparing and review of ordinances, resolutions and contracts prepared by City staff; 4.1.6 Providing annual updates on the Brown Act, the California Environmental Quality Act (CEQA) and relevant legal developments; 4.1.7 Providing routine advice on redevelopment matters, such as state - imposed requirements, review and/or preparation of simple plan adoptions and amendments, owner participation agreements, purchase and sale agreements and similar documents, review and/or preparation of routine staff reports, ordinances, resolutions and other routine redevelopment documents; 4.1.8 Providing routine advice to City staff and preparing necessary ordinances, resolutions, forms and letters for code enforcement activities. 4.1.9 Providing advice to City staff on routine real estate matters, property exchanges and other transactions, and preparing documents for such routine real estate matters. 4.1.10 Costs. Costs are defined as follows: 4.1.10.1 Charges for printing and copying expenses; -2- 4.1.10.2 Automobile mileage for travel to and from city hall and other locations on behalf of the City from the Riverside Office of BB&K; 4.1.10.3 Telephone and fax charges; and 4.1.10.4 Routine electronic legal research as needed regarding matters handled as General Legal Services. 4.2 Other Legal Services. For Other Legal Services, the City shall pay BB&K at the following hourly rates: 4.2.1 Special Legal Services. One Hundred Eighty -Five Dollars ($185) for partners; One Hundred Fifty Dollars ($150) for senior associates (associates with over four (4) years of legal experience); One Hundred Thirty Dollars ($130) for junior associates; and Ninety -Five Dollars ($95.) for paralegals and clerks. Special Legal Services are defined as follows: 4.2.1.1 Appearances at third -party administrative hearings; 4.2.1.2 Complex water law transactions; 4.2.1.3 Complex redevelopment matters, such as negotiation and preparation of complex plan adoptions and amendments, disposition and development agreements, owner participation agreements, purchase and sale agreements and joint ventures; 4.2.1.4 Complex real estate related matters and transactions, including eminent domain transactions; 4.2.1.5 Legal Services related to specialized projects which are periodically, but rarely, encountered by the City. Specialized projects are those which involve a significant amount of negotiation and preparation of documents. 4.2.1.6 Any non -routine item or matter added by the City Council to the City's work plan. 4.2.1.7 Litigation Services - For all litigation services, including but not limited to, preparation of pleadings, discovery work, appearances at court hearings, trials and settlement conferences. RVPUBUEB544327 Prior to commencing work on any such Special Legal Services, BB&K shall obtain approval from the City Council, City Manager and/or their designee to insure that such work is properly defined as Special Legal Services and that such work has been authorized. 4.3 Code Enforcement Services. One Hundred Twenty Dollars ($120) for all attorneys; and Ninety -Five Dollars ($95) for paralegals and clerks. Code enforcement services include preparation of court documents, including pleadings and warrants, court appearances and negotiations, discussions and contacts with opposing counsel and charged defendants on all code enforcement matters. 4.4 Bond Counsel Services. Bond counsel and special counsel services are defined as those services needed in connection with the financing of public facilities. BB&K shall be compensated, depending on the type ofbonds, certificates of participation or other obligations which are to be issued, based on generally prevailing rates at the time. A schedule of bond rates is attached as Exhibit "A" to this Agreement and incorporated herein by this reference. Unless otherwise agreed in writing by the City, BB&K shall be compensated for such services solely from the proceeds of the sale of the bonds, certificates of participation or other obligations issued. BB&K shall prepare a separate written agreement for services provided under this paragraph. Prior to commencing work on any Bond Counsel Services, BB&K shall obtain approval from the City Council, City Manager and/or their designee to insure that such work is properly defined as Bond Counsel Services and that such work has been authorized. 4.5 Community Development Deposit Projects. For Community Development Deposit Projects for land use and environmental legal services rendered by BB&K in relation to matters for which the City's Community Development Department has collected a deposit for legal services, the City shall pay BB&K at the hourly rates of One Hundred Eighty -Five Dollars ($185) for partners; One Hundred Fifty Dollars ($150) for senior associates (associates with over four (4) years of legal experience); One Hundred Thirty Dollars ($130) for junior associates; and Ninety -Five Dollars ($95) for paralegals and clerks. 5. BILLING. BB&K shall submit to the City a monthly statement of account for all Services. The City shall review BB&K's monthly statements and pay BB&K for all Services rendered and costs incurred, as provided for in this Agreement, on a monthly basis. 6. INCREASES TO COMPENSATION. The City and BB&K agree that a review of the compensation amounts referenced in this Agreement shall occur every year on the anniversary date of this Agreement. Notwithstanding anything herein to the contrary, BB&K or the City Council may initiate consideration of a Special RVPUBUEB1544327 -4- Rate Increase for the General Legal Services Compensation. Such Special Rate Increase may be approved by the City Council in their sole and absolute discretion. 7. EFFICIENCY OF SERVICES. BB&K shall follow all procedures as established by the City consistent with its duties as City Attorney. 8. COOPERATION WITH CITY COUNCIL AND CITY MANAGER. BB&K shall work cooperatively with the City Council and City Manager and keep them informed on all matters of importance as they arise. 9. INSURANCE COVERAGE. BB&K carries errors and omissions insurance with Lloyd's of London. After a standard deductibility amount, this insurance provides coverage which exceeds the amount required by the State of California. 10. TERMINATION OF AGREEMENT AND LEGAL SERVICES. This Agreement may be terminated at any time upon thirty (30) days' written notice from either party, with or without cause. In the event of such termination, BB&K shall be paid for all services authorized by the City and performed up through and including the effective date of termination. IN WITNESS WHEREOF, the City and BB&K have executed this Agreement as of the date first written above. RVPUBUEB \ 544327 [Signatures on following page] -5- CITY OF SAN JACINTO By: / / k Attest: By: BEST BEST & KRIEGER LLP Patrick Williams, Mayor John E. Brown, Partner Beti AdH 's, City Clerk RVPUBUEB1544327 -6- EXHIBIT "A" TO LEGAL SERVICES AGREEMENT (SCHEDULE OF BOND COUNSEL FEES) 1. Certificates of Participation and Revenue Bonds. For services in connection with the issuance and sale of certificates of participation and revenue bonds, BB&K shall be paid a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount of the certificates of participation or bonds to be sold, computed as follows: .50% of the first $10 million of the amount of the certificates or bonds issued, plus .25% of the next $10 million of the amount thereof, plus .125% of the amount thereof, if any, over $20 million. 2. Community Facilities Districts. For services in connection with the issuance and sale ofbonds of community facilities districts, BB&K shall be paid a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows: .50% of the first $10 million of the amount of the bonds issued, plus .25% of the next $10 million of the amount thereof, plus .125% of the amount thereof, if any, over $20 million. 3. Assessment Districts. For services in connection with the issuance and sale of bonds of assessment districts, BB&K shall be paid a fee which will be the greater of (i) $25,000 or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows: RVPUBVEB \ 544327 -7- .50% of the first $6 million of the amount of the bonds issued, plus .25% of the next $10 million of the amount thereof, plus .125% of the amount thereof, if any, over $16 million. 4. Tax Allocation Bonds. For services in connection with the issuance and sale of tax allocation bonds. BB&K shall be paid a fee which will be the greater of (i) $30,000, or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows: .50% of the first $6 million of the amount of bonds issued, plus .25% of the next $4 million of the amount of bonds issued, plus .20% of the next $5 million of the amount of bonds issued, plus .15% of the next $5 million of the amount of bonds issued, plus .125% of the amount thereof, if any, over $20 million. 5. General Obligation Bonds and Tax and Revenue Anticipation Notes. For services in connection with the issuance and sale of general obligation bonds and tax and revenue anticipation notes of the City, BB&K shall be paid a fee which shall be determined based on the time expended by the attorneys and attorney assistants who perform services in connection with the issuance and sale of such bonds or notes at the following hourly rates: Attorneys (including partners and associates) $275; Clerks and Attorney Assistants $95. 6. Conduit Borrowings. For services in connection with the issuance of bonds for and on behalf of conduit borrowers to finance industrial development facilities, multifamily housing projects and other projects qualifying for tax-exempt financing, BB&K shall be paid a fee which will be $30,000 for any bond issuance of $3,000,000 or less. Because bond counsel fees for conduit bonds are paid by the conduit borrower, we would expect to negotiate the fee for any transaction over $3,000,000 with the conduit borrower, subject to approval by the City. RVPUBUEB\544327 -8- AGENDA ITEM 6.1 June 17, 2004 TO: The Honorable Mayor and Members of the 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 June 17, 2004 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid # s Cycle Dates Payroll Checks Cycle Date 67640-67765 June 17, 2004 16612-16653 June 17,2004 Payroll information is available for Council review in the Finance Department. JUSTIFICATION: All warrants, pre -paid checks and payroll checks require Council approval. BUDGETARY IMPACT: Adequate funds have been budgeted to cover the subject expenses. ATTACHMENTS: 1 — Detailed listing of invoices paid and warrant register. Page 1 of 1 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67640 6/3/04 Riverside county sheriffs . REQUEST 6/2/04 P.o.s.t. dispatch trainin 010-3100-431.31-20 390.00 390.00 67643 6/2/04 Aflac REQUEST 5/28/04 Insurance fees may 2004 085-0000-202.21-27 2,049.14 2,049.14 67644 6/2/04 Arch wireless REQUEST 6/02/04 Pager service 010-3100-431.35-16 7.25 63.42 REQUEST 6/02/04 Pager service 010-4150-410.35-16 21.53 REQUEST 6/02/04 Pager service 050-9000-450.35-16 34.64 67645 6/2/04 California public employees REQUEST 5/28/04 Premium for june 2004 085-0000-202.21-39 823.18 823.18 67646 6/2/04 Calpers REQUEST 5/28/04 Pers retire 5/27/04 ty04 085-0000-202.21-28 22,810.86 22,810.86 67647 6/2/04 Hartford life insurance companies REQUEST 5/28/04 Grp#109947 deg comp 5/27 085-0000-202.21-29 3,651.38 3,651.38 67648 6/2/04 Icma retirement trust REQUEST 5/28/04 Deferred comp may 27,04 085-0000-202.21-29 840.38 840.38 67649 6/2/04 Janis, ruth REQUEST 5/27/04 Milage reimbursement 010-1400-414.31-15 54.00 54.00 67650 6/2/04 Lincoln life REQUEST 5/28/04 Deferred comp may 27,04 085-0000-202.21-29 335.00 335.00 67651 6/2/04 Nextel communications REQUEST 6/02/04 REQUEST 6/02/04 Cellular service Cellular service 010-1200-412.35-17 010-1700-417.35-17 67.72 107.98 2,679.80 REQUEST 6/02/04 Cellular service 010-1400-414.35-17 63.78 REQUEST 6/02/04 Cellular service 010-1700-417.35-17 63.78 REQUEST 6/02/04 Cellular service 010-3320-431.35-17 65.17 REQUEST 6/02/04 Cellular service 010-3300-431.34-05 73.64 REQUEST 6/02/04 Cellular service 010-4150-410.35-16 63.78 REQUEST 6/02/04 Cellular service 010-4200-410.35-17 63.78 REQUEST 6/02/04 Cellular service 010-4150-410.35-16 39.30 REQUEST 6/02/04 Cellular service 010-1400-414.35-17 39.30 REQUEST 6/02/04 Cellular service 010-7100-410.35-16 65.36 REQUEST 6/02/04 Cellular service 010-3300-431.34-05 63.78 REQUEST 6/02/04 Cellular service 010-7100-410.35-16 144.01 REQUEST 6/02/04 Cellular service 102-1400-500.35-17 67.72 REQUEST 6/02/04 Cellular service 010-3300-431.35-17 66.33 REQUEST 6/02/04 Cellular service 010-3300-431.35-17 66.33 REQUEST 6/02/04 Cellular service 050-9000-450.35-16 76.15 REQUEST 6/02/04 Cellular service 050-9000-450.35-16 159.18 Page 1 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67651... 6/2/04... Nextel communications... REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 REQUEST 6/02/04 Cellular service Cellular service Cellular service Cellular service Cellular service Cellular service Cellular service Cellular service Equipment/water sewer dep Equipment Equipment Equipment Equipment Equipment Equipment 010-1110-411.35-17 050-9000-450.35-16 010-4150-410.35-16 010-4150-410.35-16 029-8662-410.35-17 010-7100-410.35-17 010-3300-431.35-17 050-9000-450.35-16 055-4170-450.35-16 010-3300-431.35-17 010-3300-431.35-17 010-4150-410.35-16 050-9000-450.21-10 055-4170-450.35-16 055-4170-450.35-16 188.33 155.37 155.37 155.37 66.33 42.72 106.30 69.14 10.61 21.24 31.86 129.75 63.99 63.73 62.60 2,679.80... 67654 6/2/04 Pre -paid legal services, inc. REQUEST 5/28/04 May 2004 085-0000-202.21-87 224.40 224.40 67655 6/2/04 San jacinto petty cash, city of REQUEST 6/2/04 REQUEST 6/2/04 REQUEST 6/2/04 REQUEST 6/2/04 REQUEST 6/2/04 REQUEST 6/2/04 REQUEST 6/2/04 REQUEST 6/2/04 REQUEST 6/2/04 Office supplies Office supplies Parking fees Travel expenses Travel expenses Parking fees Offcie supplies Supplies Travel expense 010-1100-411.21-10 010-1200-412.21-10 010-1700-417.31-20 010-1200-412.31-20 010-2500-425.21-35 010-4150-410.31-20 010-7400-425.21-10 050-9000-450.33-30 010-1110-411.31-20 35.00 12.91 35.50 32.79 26.60 15.00 10.60 14.81 12.12 195.33 67656 6/2/04 Service employees international REQUEST 5/28/04 Seiu dues may 2004 085-0000-202.21-43 575.40 575.40 67657 6/2/04 So. california edison co. REQUEST 6/2/04 Utilities 050-9000-450.35-40 35,390.16 35,390.16 67658 6/2/04 So. california gas co. REQUEST 6/2/04 REQUEST 6/2/04 Utilities Utilities 010-6500-425.35-12 010-3100-431.35-12 3.20 14.55 152.56 Page 2 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67658... 6/2/04... So. california gas co.... REQUEST 6/2/04 REQUEST 6/2/04 REQUEST 6/2/04 Utilities Utilities Utilities 010-2500-425.35-12 021-4150-410.35-12 010-7400-425.35-12 29.78 4.04 100.99 152.56... 67659 6/2/04 Staples credit plan 24384 24384 24384 24384 38450 40328 41987 41987 41987 44738 DE08766001 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies 010-1700-417.21-10 010-3300-431.21-10 010-4100-410.21-10 010-2500-425.21-10 010-1200-412.21-10 050-1400-414.21-10 010-4100-410.21-10 029-8662-417.30-90 010-1700-417.21-10 010-3100-431.21-21 010-1110-411.21-10 91.88 91.88 10.76 188.54 25.15 437.40 108.72 117.64 35.08 239.97 12.66 1,359.68 67660 6/2/04 Toyota financial services REQUEST 6/02/04 Lease 010712-67120 063-1700-410.40-45 516.12 516.12 67661 6/2/04 Toyota financial services REQUEST 6/02/04 Lease 010712-67154 063-1700-410.40-45 516.12 516.12 67662 6/2/04 United way of hemet REQUEST 5/28/04 Contrb may 27, 2004 085-0000-202.21-80 140.38 140.38 67663 6/2/04 Verizon california REQUEST 6/2/04 Telephone 010-2500-425.35-60 3,504.01 3,504.01 67664 6/4/04 Press enterprise FEB 2004 FEB 2004 Advertisment acct 4896 Advertisment acct 4896 055-4170-450.38-09 010-1100-411.21-10 705.80 513.00 1,218.80 67665 6/4/04 Jam -it graphics 10016 Banner 4th of july 2004 010-2510-425.40-04 1,104.44 1,104.44 67666 6/4/04 Regents of the university, the REQUEST 6/1/04 Seminar registration 010-7100-410.31-20 144.00 144.00 67667 6/4/04 U.s. postmaster REQUEST 6/2/04 Postage pre -paid 050-1400-414.21-10 2,500.00 2,500.00 67668 6/4/04 Colletti, steve REQUEST 6/3/04 Severance pay 6 months 010-3100-431.10-01 31,176.00 31,176.00 67669 6/4/04 Penn, jeffery REQUEST 6/3/04 Severance pay 6 months 010-3100-431.10-01 29,694.00 29,694.00 67670 6/8/04 Gutierrez, joe REQUEST 6/7/04 Severance pay 6 months 010-3100-431.10-01 21,540.00 21,540.00 67671 6/8/04 O'dowd, david REQUEST 6/7/04 Severance pay 6 months 010-3100-431.10-01 23,748.00 23,748.00 67674 6/9/04 Atrium hotel REQUEST 6/7/04 R. jarvis & r. jackson 050-9000-450.31-20 92.40 92.40 Page 3 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67675 6/9/04 Calpers REQUEST 6/4/04 Pers contrjune 1,04 ty 5 085-0000-202.21-28 19,162.59 19,162.59 67676 6/9/04 Eye care of america REQEUST 6/4/04 REQEUST 6/4/04 Vison ins prem june 2004 Vison ins prem june 2004 085-0000-202.21-35 065-0000-201.08-64 461.03 57.54 518.57 67677 6/9/04 Howard ballard REQEUST 6/8/04 Pro rate severance paymen 010-3100-431.10-01 2,518.16 2,518.16 67678 6/9/04 Pacificare of california REQEUST 6/4/04 REQEUST 6/4/04 REQEUST 6/4/04 Health ins prem june 2004 Health ins prem june 2004 Health ins prem june 2004 085-0000-202.21-39 085-0000-202.21-40 065-0000-201.08-64 17,631.82 1,988.42 2,442.76 22,063.00 67679 6/9/04 Preferred benefit insurance admin. REQEUST 6/4/04 REQEUST 6/4/04 Dental ins june 04 Dental ins june 04 085-0000-202.21-32 065-0000-201.08-64 2,495.40 189.27 2,684.67 67680 6/9/04 Preston, tim REQUEST 6/8/04 Pro rate severance paymen 010-3100-431.10-01 1,739.54 1,739.54 67681 6/9/04 Ritchie, robert REQEUST 6/8/04 Pro rate severance paymen 010-3100-431.10-01 1,872.46 1,872.46 67682 6/9/04 Sciortino, charles REQUEST 6/8/04 Severance pay 6 months 010-3100-431.10-01 22,080.00 22,080.00 67683 6/9/04 Southern, ken REQUEST 6/8/04 Pro rate severance paymen 010-3100-431.10-01 2,518.16 2,518.16 67684 6/9/04 Standard insurance, the REQUEST 6/4/04 Insurance prem june 2004 085-0000-202.21-46 2,493.86 2,493.86 67685 6/9/04 Water environment federation REQUEST 6/7/04 R. jarvis & r. jackson 050-9000-450.31-20 580.00 580.00 67686 6/9/04 Platinium plus for business REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 REQUEST 6/9/04 Best western Pan pacific lodge Orbit travel expense Mission inn Pride of italy Pride of italy Best western mardi gras Radio shack Xerox Xerox Home depot Galls Galls Reservation 010-1110-411.31-20 010-1110-411.31-20 010-1110-411.31-20 010-1110-411.31-20 010-1210-412.31-20 010-1400-414.40-45 010-1700-417.31-20 010-1700-417.35-17 010-2500-425.21-10 010-2500-425.21-10 010-2500-425.21-10 010-3100-431.21-14 010-3100-431.21-14 010-3100-431.31-20 156.42 119.00 438.59 47.14 20.72 107.73 156.42 32.31 303.86 151.93 470.65 115.96 115.96 745.29 3,024.35 Page 4 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67686... 6/9/04... Platinium plus for business... REQUEST 6/9/04 Andrews electronics 010-3300-431.21-10 42.37 3,024.35... 67689 6/17/04 A-1 lock & key service 29958 29943 Supplies Supplies 010-3100-431.33-10 010-3100-431.33-10 2.66 43.23 45.89 67690 6/17/04 Alm, mitch REQUEST 5/27/04 Reimbursment for supplies 010-3100-431.33-10 82.37 82.37 67691 6/17/04 American citi corp. MAY 18, 2004 MAY 18, 2004 April 2004 April 2004 010-3300-431.33-50 010-3100-431.33-50 4.95 7.90 12.85 67692 6/17/04 American forensic nurses 18103 18104 Analysis Analysis 010-3100-431.34-05 010-3100-431.34-05 486.00 32.00 518.00 67693 6/17/04 Aqua metric sales company 5828 5810 Supplies Supplies 050-9000-450.40-01 050-9000-450.40-01 1,716.46 119.07 1,835.53 67694 6/17/04 Arbor essence 162 Services rendered 010-0000-308.06-01 485.00 485.00 67695 6/17/04 Arrow printing 3757 3757 3733 3719 3717 Office supplies Office supplies Office supplies Office supplies Office supplies 010-3300-431.21-10 010-1700-417.21-10 010-2500-425.21-10 010-3100-431.21-19 010-2500-425.21-10 19.66 19.67 106.67 42.02 641.11 829.13 67696 6/17/04 At & t 6/9/04 6779 Telephone 010-2500-425.35-16 86.16 86.16 67697 6/17/04 Blue ribbon plumbing 93782 Services rendered 010-3100-431.33-10 114.27 114.27 67698 6/17/04 C.m. de crinis & co., inc. 3 Attorney fees 065-0000-201.08-13 1,286.25 1,286.25 67699 6/17/04 Ced consolidated electrical 2983-428295 2983-428264 2983-428228 2983-428118 Supplies Supplies Supplies Supplies 025-7260-410.21-30 025-7260-410.21-30 025-7260-410.21-30 025-7260-410.21-30 16.45 9.49 62.40 11.08 99.42 67700 6/17/04 Chevron 5/7/04 STMT Gasoline 010-3100-431.21-70 46.58 46.58 67701 6/17/04 Christie steel fabrication 9579 Supplies 055-4170-450.33-30 57.11 57.11 67702 6/17/04 Clarke, cynthia REQUEST 6/4/04 Tutition reimbursement 010-2500-425.31-20 595.65 595.65 67703 6/17/04 Comserco 01/MA50211995 Maint billing 5/1 to 5/31 010-3100-431.34-05 542.75 542.75 67704 6/17/04 Crafco inc. 402491 Supplies 010-4150-410.33-30 862.86 862.86 Page 5 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67705 6/17/04 Cutting edge staffing 16429 16429 16429 16477 16477 16477 Temp employees Temp employees Temp employees Temp employees Temp employees Temp employees 010-7100-410.10-04 010-3300-431.30-90 010-3100-431.10-04 010-7100-410.10-04 010-3300-431.30-90 010-3100-431.10-04 548.28 5,797.13 542.64 548.28 6,366.66 406.98 14,209.97 67706 6/17/04 D.m.c. tree care 4/12/04 Services rendered 032-7150-410.40-01 2,450.00 2,450.00 67707 6/17/04 Darmar awards 4141 Supplies 050-1400-414.21-10 10.78 10.78 67708 6/17/04 David taussig & associates, inc. 4040280 Professional services 010-1700-417.30-90 4,790.74 4,790.74 67709 6/17/04 Department of toxic substances REQUEST 6/3/04 REQUEST 6/3/04 REQUEST 6/3/04 REQUEST 6/3/04 Epa i.d. no annual fees Epa i.d. no annual fees Epa i.d. no annual fees Epa i.d. no annual fees 010-4150-410.33-30 010-7100-410.33-30 050-9000-450.33-30 055-4170-450.33-30 37.50 37.50 37.50 37.50 150.00 67710 6/17/04 Dewey's electric 5/19/04 Services rendered 010-7400-425.33-10 112.97 112.97 67711 6/17/04 E.s. babcock & sons, inc. AE41070-0278 AE41071-0278 AE40894-0278 AE41416-0278 AE41531-0278 AE41585-0278 Analysis Analysis Analysis Analysis Analysis Analysis 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 12.00 48.00 20.00 20.00 60.00 90.00 250.00 67712 6/17/04 Eastern municipal water district 5/19/04 9574602 5/19/041662360 5/19/04 940702 5/18/04 6670302 5/18/04 7889302 5/19/04 9451303 5/18/04 9406902 5/18/041479860 5/19/04 9626704 Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7100-410.35-10 025-7250-410.35-10 489.42 359.04 11.39 1,148.97 7.11 1,559.02 21.35 7.11 420.66 6,123.95 Page 6 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67712... 6/17/04... Eastern municipal water district... 5/18/04 9406702 5/18/04 9405802 5/18/04 8985903 5/17/04 7889202 5/19/041662380 Utilities Utilities Utilities Utilities Utilities 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 301-8833-500.35-10 7.60 109.98 27.19 32.43 1,922.68 6,123.95... 67714 6/17/04 El informador del valle 11-03-761 Advertisment 099-1700-417.30-90 1,107.00 1,107.00 67715 6/17/04 Fleet services MARCH 2004 MARCH 2004 MARCH 2004 MARCH 2004 MARCH 2004 MARCH 2004 MARCH 2004 MARCH 2004 MARCH 2004 Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline Gasoline 010-1200-412.33-50 010-1400-414.21-10 010-3100-431.21-70 010-1700-417.21-70 010-3300-431.21-70 010-4150-410.21-70 010-7100-410.21-70 050-9000-450.21-70 010-3320-431.21-70 49.02 85.19 3,375.44 105.02 121.02 634.19 512.89 1,167.73 118.97 6,169.47 67716 6/17/04 Hemet industrial supply 24050 Supplies 010-4150-410.33-50 10.60 10.60 67717 6/17/04 Hemet valley pipe & supply 83739 83524 83477 Supplies Supplies Supplies 055-4170-450.33-30 010-4150-410.33-30 010-4150-410.33-30 56.40 12.31 31.68 100.39 67718 6/17/04 Hi -way safety 38724 Supplies 010-4150-410.21-35 45.26 45.26 67719 6/17/04 Horizon water 3/20/04 STMT 5/20/04 VIR LEE Supplies Office supplies 010-3100-431.21-80 010-2500-425.34-05 113.90 41.50 155.40 67720 6/17/04 Inland computer systems 14625 Services renderd 050-9000-450.33-30 55.00 55.00 67721 6/17/04 Inland water works supply co. 138566 Supplies 050-9000-450.33-30 320.02 320.02 67722 6/17/04 Jw marriott desert ridge resort REQUEST 5/27/04 Lodging for national asso 010-3100-431.31-20 745.29 745.29 67723 6/17/04 Kammeyer & associates inc. 6263G 6233T 6223G 6263T Professional services Professional services Professional servcies Professional servcies 010-3300-431.30-90 010-3300-431.30-90 010-3300-431.30-90 010-3300-431.30-90 1,062.50 850.00 1,020.00 1,020.00 7,267.50 Page 7 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67723... 6/17/04... Kammeyer & associates inc.... 6287 Professional services 039-4155-410.40-01 3,315.00 7,267.50... 67724 6/17/04 Kelly-moore paint company, inc. 3133100 Supplies 010-4150-410.21-80 9.41 9.41 67725 6/17/04 Kinderprint company 34635A Supplies 010-3100-431.21-19 89.93 89.93 67726 6/17/04 La chemcial 284346 Supplies 050-9000-450.33-30 1,713.31 1,713.31 67727 6/17/04 Lancaster inspection services 04-11 May 24 to june 05, 04 010-3300-431.10-04 1,330.00 1,330.00 67728 6/17/04 Lavin, robert a. 06-04 May 2004 010-4200-410.10-04 5,250.00 5,250.00 67729 6/17/04 Layne christensen company 10270230 Services rendered 050-9000-450.33-30 11,895.07 11,895.07 67730 6/17/04 Mickey ibarra & associates, inc. 233 Professional servcies 010-2500-425.30-90 2,500.00 2,500.00 67731 6/17/04 Mission uniform services, inc. 17901027 17901024 17901026 17901023 17901023 Uniform supplies Uniform supplies Uniform supplies Uniform supplies Uniform supplies 010-4150-410.21-35 010-4150-410.21-35 010-7100-410.21-35 055-4170-450.21-35 050-9000-450.21-35 50.63 6.07 24.57 12.76 51.84 145.87 67732 6/17/04 N.a.s.r.o. conference REQUEST 5/27/04 Tuition for national asso 010-3100-431.31-20 400.00 400.00 67733 6/17/04 Nextel communications STMT 5/21/04 Cellular 010-3100-431.34-05 985.47 985.47 67734 6/17/04 Overnight industrial 23649 23371 supplies Supplies 010-3100-431.21-14 010-3100-431.21-21 18.32 88.03 106.35 67735 6/17/04 Pacific alarm svc., inc. 42554 42550 42550 42550 42550 42550 Alarm services Alarm fees Alarm fees Alarm fees Alarm fees Alarm fees 010-3100-431.21-19 010-4200-410.34-05 050-9000-450.34-05 010-7100-410.34-05 010-2500-425.34-05 010-6500-425.34-05 26.00 198.50 118.50 16.00 87.00 38.00 484.00 67736 6/17/04 Pierce plumbing 30634 30682 30701 30609 30609 30664 Supplies Supplies Supplies Supplies Supplies Supplies 010-3100-431.21-80 010-4150-410.33-30 010-4150-410.33-30 010-3300-431.21-10 010-4150-410.33-30 029-8660-410.30-18 6.78 31.22 12.36 9.23 36.69 69.50 200.22 Page 8 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67736... 6/17/04... Pierce plumbing... 30661 Supplies 010-3300-431.21-10 34.44 200.22... 67737 6/17/04 Pju telecomm 11547 Telephone 010-3100-431.33-10 60.00 60.00 67738 6/17/04 Press enterprise 2247530 Advertisment 010-1700-417.36-25 114.40 114.40 67739 6/17/04 Quality auto parts D677627 D682388 Supplies Supplies 010-3100-431.33-50 055-4170-450.33-50 27.97 3.00 30.97 67740 6/17/04 Quast tree service 5/11/04 5/25/04 Services rendered Services rendred 010-7109-410.40-01 032-7150-410.40-01 60.00 4,950.00 5,010.00 67741 6/17/04 Ramona animal shelter, inc. APRIL 2004 April 2004 010-3100-431.34-05 3,313.00 3,313.00 67742 6/17/04 Reliable ZG822700 SDL24800 RZB82100 RZ032201 RZ032200 RZR34901 RZR34900 RZR34900 SD686800 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies 010-3100-431.21-21 010-4100-410.21-10 050-1400-414.21-10 050-1400-414.21-10 050-1400-414.21-10 050-1400-414.21-10 050-1400-414.21-10 010-1400-414.21-10 010-4100-410.21-10 473.54 48.68 62.50 12.29 32.28 28.36 62.17 108.82 117.10 945.74', 67743 6/17/04 Riverside county eda aviation 2004-02 Airshow sponsorship 2004 010-2510-425.40-04 1,500.00 1,500.00 67744 6/17/04 Riverside county sheriffs SH000002173 Booking fees 010-3100-431.30-19 1,656.00 1,656.00 67745 6/17/04 Riverside, county of MARCH 2004 Services rendered 010-3320-431.21-10 11.00 11.00 67746 6/17/04 Riverside, county of REQUEST 6/4/04 REQUEST 6/4/04 Apr 01-apr 30, 2004 Apr 01-apr 30, 2004 010-2500-425.34-05 010-2500-425.34-20 3,600.00 2,587.50 6,187.50 67747 6/17/04 Rod's automotive performance 140506004 140503008 140503007 140414003 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 40.40 280.07 754.56 45.95 1,120.98 67748 6/17/04 Ruffian specialties 10870 Servcies rendered 010-3200-431.40-45 56.57 56.57 67749 6/17/04 Senior day care center, the REQUEST 5/26/04 Reimbursement blk grant 029-8660-410.30-11 3,310.00 3,310.00 Page 9 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67750 6/17/04 Shred it 5095153 5082401 Office supplies Services rendered 010-3100-431.33-10 010-3100-431.21-10 85.00 75.00 160.00 67751 6/17/04 Smart & final 74496 Office supplies 010-2500-425.21-10 69.53 69.53 67752 6/17/04 Starner, edward I. 05012004-01 May 2004 050-9000-450.10-04 585.00 585.00 67753 6/17/04 Stetson engineers inc. 12676 12593 Professional services Professional services 050-9000-450.40-01 050-9000-450.40-01 12,559.02 12,079.11 24,638.13 67754 6/17/04 Strattons janitorial service 8943 8944 8942 Cleaning may 2004 Cleaning may 2004 virgina Cleaning may 2004 010-7400-425.34-05 010-2500-425.34-05 010-2500-425.34-05 700.00 700.00 575.00 1,975.00 67755 6/17/04 Swains electric motor 2716 Services rendered 050-9000-450.33-30 3,552.53 3,552.53 67756 6/17/04 Tri buick pontiac gmc BUCS66740 Auto repair 010-1400-414.33-50 478.51 478.51 67757 6/17/04 Tri-lake consultants, inc. 2142 2142 2144 2145 2146 2149 2151 2152 2153 2155 2154 2156 Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services 010-4150-410.30-90 010-4100-410.30-90 022-4150-410.40-01 054-9000-450.40-01 054-9000-450.40-01 039-4155-410.40-01 052-9000-450.40-01 022-4150-410.40-01 022-4150-410.40-01 022-4150-410.40-01 052-9000-450.40-01 052-9000-450.40-01 2,210.50 7,646.46 132.44 8,162.50 822.75 540.00 3,240.50 2,860.00 1,095.00 200.00 95.00 2,413.38 29,418.53 67758 6/17/04 Urban crossroads, inc. 6951 Professional services 039-4155-410.40-01 800.00 800.00 67759 6/17/04 Valley wide recreation REQUEST 6/4/04 STMT 5/26/04 REQUEST 5/28/04 1143 Cdbg riemb for p.a.'. Reimbursement 03-04 fy Reimbursement p.a.!. p/r Grafitti removal march 04 029-8660-410.30-12 029-8660-410.30-15 029-8660-410.30-12 025-7250-410.34-05 761.52 1,972.50 7,869.85 1,533.42 12,137.29 67760 6/17/04 Vulcan materials company 248026 Supplies 010-4150-410.33-30 142.04 300.11 Page 10 City of San Jacinto Warrant Register Date: 06/17/04 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 67760... 6/17/04... Vulcan materials company... 251138 Supplies 050-9000-450.33-30 158.07 300.11... 67761 6/17/04 Western farm service 602-57613 Supplies 010-4150-410.21-14 160.46 160.46 67762 6/17/04 Western highway products 357424 Supplies 024-4150-410.21-36 70.08 70.08 67763 6/17/04 Wetworks pool care 6/1/04 STMT Services rendered june 04 010-8400-425.33-10 655.57 655.57 67764 6/17/04 Williams, randy REQUEST 5/19/04 Reimbursement on travel 010-1700-417.31-20 423.60 423.60 67765 6/17/04 Xerox corporation 2633433 2083610 2633429 Lease on copiers Lease on copiers Lease on copier 010-3100-431.34-05 010-3100-431.34-05 010-4200-410.34-05 180.91 310.02 174.56 665.49 Total Checks 444,834.10 Page 11 AGENDA ITEM 6•2- TO: FROM: SUBJECT: June 17, 2004 The Honorable Mayor and Members of the City Council Robert W. Hargreaves, Best Best & Krieger, Special Counsel for Water Matters Memorandum of Understanding: Preparation of Water Management Plan for the Hemet/San Jacinto Management Area RECOMMENDATION: That the city council approve the "Memorandum of Understanding: Preparation of Water Management Plan for the Hemet/San Jacinto Management Area"; authorize the City Manager to execute the Memorandum of Understanding; and authorize appropriation from the Water Fund of $14,835 as the City's share of the cost of preparation of the Plan. BACKGROUND: The City is engaged in a long-term project with neighboring public agencies to remedy the serious overdraft of groundwater resources in the Hemet/San Jacinto Basin. The objective of that effort is the adoption of a comprehensive water management plan that will guide efforts to restore and protect groundwater resources. The water management plan will implement the "Principles for Water Management" that were previously adopted by the City of San Jacinto and the three other public agencies. The Hemet/San Jacinto Groundwater Policy Committee has developed and approved the scope of work for the Water Management Plan., and has engaged independent contractors to prepare the Plan. The total cost of the preparation of the Plan is $180,894. Of that amount, $36,869 will be funded from other sources. The remaining amount, $144,025 is to be apportioned among the participating public agencies based on their base production allocations as follows: City of San Jacinto 10.3% $14,835.00 City of Hemet 17.7% $25,492.00 Eastern Municipal WD Lake Hemet MWD 35.7% 36.3% $51,417.00 $52,281.00 The attached Memorandum of Understanding provides for the preparation of the Water Management Plan, appoints Eastern Municipal Water District as a contract administrator, and commits the four public agencies to pay their shares of the funding. BUDGETARY IMPACT: Payment of the City's $14,835.00 share will be due in the 04-05 fiscal year. ATTACHMENTS: Memorandum of Understanding: Preparation of Water Management Plan for the Hemet/San Jacinto Management Area. MEMORANDUM OF UNDERSTANDING PREPARATION OF WATER MANAGEMENT PLAN FOR THE HEMET/SAN JACINTO MANAGEMENT AREA This Memorandum Of Understanding; Preparation of Water Management Plan for the Hemet/San Jacinto Management Area ("MOU"), is hereby entered into this day of , 2004 by and between the EASTERN MUNICIPAL WATER DISTRICT, a California municipal water district ("EMWD"), LAKE HEMET MUNICIPAL WATER DISTRICT, a California municipal water district ("LHMWD"), CITY OF HEMET, a California general law city ("Hemet"), and CITY OF SAN JACINTO, a California general law city ("San Jacinto"), (collectively referred to hereinafter as the "Parties"), based on the following facts: RECITALS A. Groundwater in the Hemet/San Jacinto Management area has been, and will remain, a significant source of water for the people and agribusiness of Riverside County providing an invaluable contribution to the local economy and public good. As a result, the Parties have acknowledged their collective interest in the management of local water resources within the Hemet/San Jacinto Management area. B. In furtherance of this collective interest, the Parties entered into that "Memorandum of Understanding to Work Cooperatively to Promote Conjunctive Use Projects and Programs in Upper San Jacinto River Basins" dated June 19, 2001 (the "Conjunctive Use MOU"). The purpose of the Conjunctive Use MOU is to encourage cooperation among the Parties to facilitate and support local groundwater management efforts and conjunctive use programs particularly those that could increase dry -year water supplies, within the safe -yield and without the overdraft of San Jacinto groundwater basins. C. In the cooperative spirit of the Conjunctive MOU and with assistance from the State Department of Water Resources, the parties engaged in several rounds of policy discussions and technical investigations into suitable methods to alleviate the overdraft, manage long term water supplies, and provide for demands of growth. As the result of these efforts, the Parties each approved a statement of principles entitled "Principles for Water Management" (the "Principles") in February 2004 with regard to the Hemet and San Jacinto Basins. The Principles established the framework from which the Parties agreed to develop a Water Management Plan for the Hemet and San Jacinto Basins. D. The intent of this MOU is to provide for the creation of the Water Management Plan ("WMP") called for in the Principles, to appoint Eastern Municipal Water District as the Contract Administrator for preparation of the WMP, and to establish an equitable mechanism for funding the WMP by the Parties. C:\Documents and Settings\Robert.Hargreaves\My Documents\Sa4Jacinto MOU re WMP Preparation.doc DRAFT OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Memorandum of Understanding setting forth their pledges, commitments, understandings and appropriate limiting conditions, as follows: ARTICLE 1.0 AGREEMENT TO UNDERTAKE WMP 1.1 Cooperation. The Parties agree that the WMP shall be timely undertaken and completed in accordance with this MOU. In order to ensure the timely and efficient completion of the WMP within the budget described in this MOU, the Parties agree to cooperate with and amongst each other, to share information necessary for the preparation of the WMP, and to take such other reasonable actions as may be necessary for the timely completion of the WMP, provided such actions do not result in additional costs to the Parties. 1.2. Scope of Work. The WMP shall be prepared in accordance with the Scope of Work attached hereto and incorporated herein by reference as Attachment 1 (hereinafter referred to as the "Scope of Work"). The Scope of Work defines the extent of the WMP, the tasks necessary for its completion, assigns responsibility for those tasks, and outlines the basic content of each constituent section. 1.3. Consultant. The Parties agree that the WMP shall be prepared by an independent contractor, except for those sections which the Scope of Work designates will be prepared by EMWD or the Parties collectively. The Parties agree that Water Resources & Information Management Engineering, Inc, (hereinafter "WRIME") is hereby selected to be the independent contractor principally responsible for undertaking and completing the Scope of Work. However, it is contemplated that WRIME will subcontract with, or EMWD will enter into separate contracts with, GEOSCIENCE, Support Services, Inc., and Stetson Engineering (hereinafter collectively referred to as "Subconsultants") for certain work identified in the Scope of Work. Subconsultants shall serve as consultants for WRIME with regard to performance of the Scope of Work and shall not serve as consultants for Hemet or San Jacinto or their attorneys for performance of the Scope of Work. 1.4. Project Cost. The Parties agree that the amount to be paid to WRIME and Subconsultants for undertaking and completing the Scope of Work shall not exceed that amounts reflected on the WMP Budget attached hereto and incorporated herein by reference as Attachment 2. The WMP Budget reflects a total, not to exceed, project cost of $180,894 ("Total Project Cost"). The Parties agree that the approximately $16,869 remaining in the budget for the Hemet/San Jacinto Groundwater Association ("GWA") and the approximately $20,000 remaining in the budget for the Integrated Water Management Plan ("IWMP") shall be reprogrammed and allocated toward payment of the Total Project Cost. After application of these funds, a cost of $144,025 remains to be funded by and apportioned among the Parties ("Adjusted Project Cost"). The Adjusted C:\Documents and Settings \Robert.Hargreaves\My Documents\Sa2QJacinto MOU re WMP Preparation.doc DRAFT Project Cost excludes individual expenses of the Parties regarding for their own review, comment, and approval of the WMP as well as expenses of EMWD in preparing sections of the WMP for which the Scope of Work indicates it is principally responsible. ARTICLE 2.0 OBLIGATIONS OF THE PARTIES 2.1 Funding of WMP. Each of the Parties individually agrees to fund up to their apportioned share of the Adjusted Project Cost as determined in Article 3.0 "Apportionment of Cost" and to pay such share in a lump sum payment within thirty (30) calendar days of receipt of an invoice from EMWD, provided that EMWD invoices the parties in July of 2004 or thereafter in accordance with Attachment 3. 2.2 Administration of Contract. EMWD hereby agrees to act as the contracting agency for the preparation of the WMP. In this regard, EMWD shall enter into and execute the appropriate contract(s) with WRIME and the Subconsultants to perform the Scope of Work for an amount not to exceed the Project Cost. EMWD shall also perform the duties set forth in Attachment 3. ARTICLE 3.0 APPORTIONMENT OF COST 3.1. Method of Apportionment. The Parties agree to apportion the Adjusted Project Cost among themselves based on each Party's pro rata share of the total base production of all the Parties as determined by the Hemet/San Jacinto Policy Committee and shown below: Apportionment of Adjusted Project Cost (*900 of credit taken out) Agency Base Production (AF) Percentage Cost Contribution City of Hemet* 5,420 17.7 % $ 25,492 City of San Jacinto* 3,131 10.3 % $ 14,835 LHMWD. 11,063 36.3 % $ 52,281 EMWD 10,869 35.7 % $ 51,417 Totals 30,483 100.0 % $144,025 ARTICLE 4.0 MISCELLANEOUS PROVISIONS 4.1 Term. This MOU shall terminate, unless extended by the mutual agreement of the Parties memorialized in writing, upon acceptance of the completed WMP by the governing boards of each of the Parties, provided the Consultant has been fully paid for the Scope of Work and has released the Parties, and each of them, from any claims for further or additional compensation for the Scope of Work. 4.2 Ownership of Documents. The WMP together with all data, information, materials and reports (including electronically or digitally stored materials) produced in the preparation of the WMP shall become the joint property of the Parties upon acceptance of the WMP. C:\Documents and Settings \Robert.Hargreaves\My Documents \Sai Jacinto MOU re WMP Preparation.doc DRAFT 4.3 Individual Costs & Expenses. Except for the costs and expenses which the Parties have collectively agreed to fund as provided in Article 3.0 "Apportionment of Funding" of this MOU, any cost or expense incurred any one of the Parties with regard to the WMP or its review or approval, shall remain the sole cost and expense of the incurring Party. 4.4 Authority. The individuals executing this Agreement on behalf of the Parties and the instruments referenced on behalf of the Parties represent and warrant that they have the legal power, right and actual authority to bind the Parties to the terms and conditions hereof and thereof. 4.5 Counterpart Originals. This Agreement may be executed in original counterparts, which together shall constitute a single agreement. 4.6 Effective Date. This MOU has become effective among and between the Parties on the date by which each Party's governing board or council has approved the MOU and the authorized representative of each Party has executed the MOU. IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding on the date and year first above written. [additional signatures on following page[ EASTERN MUNICIPAL WATER DISTRICT By: , General Manager LAKE HEMET MUNICIPAL WATER DISTRICT By: , General Manager CITY OF HEMET By: Steve Temple, City Manager C:1Dacuments and Settings\Robert.Hargreaves'My Documents\Sanpacinto MOU re WMP Preparation.doc DRAFT ATTEST: Approved as to Form: By: By: Stephen Clayton Eric S. Vail City Clerk Assistant City Attorney CITY OF SAN JACINTO By: City Manager ATTEST: Approved as to Form: By: By: City Clerk City Attorney C:1Documents and Settings \Robert.Hargreaves\My Documents\SadjJacinto MOU re WMP Preparation.doc DRAFT ATTACHMENT 1 (Scope of Work) ATTACHMENT 1 (Scope of Work) ATTACHMENT 1 (Scope of Work) C:\Documents and Settings\Robert.Hargreaves\My Documents\Sarpacinto MOU re WMP Preparation.doc DRAFT ATTACHMENT 2 (WMP Budget) ATTACHMENT 2 (WMP Budget) ATTACHMENT 2 (WMP Budget) C:1Documents and Settings\Robert.Hargreaves\My Documents'Sar4Jacinto MOU re WMP Preparation.doc DRAFT ATTACHMENT 3 (EMWD Role and Responsibilities) ATTACHMENT 3 (EMWD Role and Responsibilities) ATTACHMENT 3 (EMWD Role and Responsibilities) C:\Documents and Settings\Robert.Hargreaves\My Documents\Sar4Jacinto MOU re WMP Preparatwn.doc DRAFT ATTACHMENT 3 (EMWD Role and Responsibilities) EMWD ROLE AND RESPONSIBILITIES In furtherance of the goals and objective established in the Principles of Water Management and prior to the formation of an organization to oversee the Watermaster's needs and requirements, the Cities of Hemet and San Jacinto, Lake Hemet Municipal Water District (LHMWD), and Eastern Municipal Water District (EMWD) have agreed to work as partners toward the preparation of the Water Management Plan outlined in the Memorandum of Understanding to which this document is attached. EMWD is hereby appointed as the Contract Administrator for purposes of preparation of the Water Management Plan ("WMP"). EMWD shall have the following responsibilities: • Continue efforts to acquire grants from DWR as may be applicable to preparation of the WMP. • Prepare and submit invoices for each participant based on shares identified in the MOU, above, or any other amendments agreed upon by all participants. • Provide its pro rata share of the WMP Adjusted Project Costs based on estimates outlined in the MOU. • Establish a restricted account for the WMP funds. • Manage WMP funds and provide a quarterly status reports on funds and expenditures. • Contract with WRIME and/or GEOSCIENCE and Stetson Engineers as necessary to procure preparation of the WMP as provided in the MOU. • Administer the contract(s) for preparation of the WMP, interface with and monitor the work of the consultants retained. • Provide quarterly status reports to the Policy Committee Representatives on WMP preparation and completion. • Prepare the sections of the WMP identified in the MOU for which EMWD has been designated as responsible. • Hire additional outside consultants and/or resources if required, provided any additional expenses for preparation of the WMP over and above the Adjusted Project Cost shall be submitted to the contributing parties for their prior approval and agreement as to allocation of costs. C:1Documents and Settings\Robert.Hargreaves\My Documents\SarlJacinto MOU re WMP Preparation.doc DRAFT Hemet/San Jacinto Groundwater Management Area Water Management Plan SCOPE OF WORK April 23, 2004 Introduction The Stakeholders in the Hemet/San Jacinto Groundwater Management Area are working to develop a strong foundation to guide and support responsible water management throughout the management area well into the future. The central component of this foundation is to be a Water Management Plan (WMP). The representatives of the stakeholders (Eastern Municipal Water District, Lake Hemet Municipal Water District, Cities of Hemet and San Jacinto, and Private Water Producers) in the Policy Committee (PC) have recently agreed on and signed the Principles for Water Management (Principles) in the basin. In addition, the Stakeholders are working with the Soboba Tribe and the Federal Government to develop a Settlement Agreement that would address past water use practices in the basin and make provision for the water rights of the Soboba Tribe. The Settlement Agreement would provide sufficient legal and technical basis for future water supplies for the Tribe. The Principles are the basis from which the parties will develop a WMP for the area. The representatives of the stakeholders in the Technical Committee (TC) have provided the proper technical analysis, foundations, and recommendations to the PC so that the PC members can make technically sound decisions. The Department of Water Resources (DWR) has entered into a Memorandum Of Understanding (MOU) to provide financial, technical, and facilitation support to the Stakeholders, so that a Tong -term sustainable groundwater management plan is developed by the local stakeholders for the basin. To meet its MOU obligations, the DWR staff and Consultant have provided appropriate technical and engineering support to the TC and PC. The Principles are established in - lieu and in anticipation of further guidance that may be provided by a stipulated judgment of the court established to resolve outstanding groundwater issues. The work performed to -date have been related to development of the Basin Assessment Report (BAR), the Integrated Water Management Plan (IWMP), and to lay the foundations for the WMP, which includes: • Review and Analysis of Fruitvale production records and conveyance water practices • Operational Yield Study (Jan 2003) • Assessment of Historical and Projected Land and Water Use Data (TM 1- June 2003) WMP Scope 042304.doc • Description of Preferred Potential Conjunctive Use Projects (TM 2 — May 2003) • Identification and screening of recharge sites and projects • Preliminary screening of recharge sites for modeling analysis • Modeling of the recharge sites and their effectiveness to enhance groundwater levels in each subarea Additional work has been performed by the local agencies that will be used as part of the supporting analysis and documents for development of the Water Management Plan. These are: • Development of San Jacinto Watershed Groundwater Model for EMWD • Report on Feasibility Analysis of the San Jacinto River Recharge & Extraction Project • Draft Environmental Impact Report (To be published in April 2004) In addition, as part of the IWMP, the following work is under study by local stakeholders and/or by the Consultants: • Water Supply Reliability • Conjunctive Use Analysis • Water Supply Contingency Plan • Groundwater Monitoring Plan • Regio nal Water Resources Database • Feasibility analysis of Cienega and Fairview Ponds for Recharge Additional work is required to develop a WMP to support the Settlement Agreement, implement the Principles, and manage the available supply consistent with the agreements and any court ordained requirements. The program to make the Principles effective needs to be designed to integrate approaches for implementation of demand side solutions, non- structural management solutions, and to establish priorities for new water supply capital facilities. The Water Management Plan document to be produced as part of this Scope of Work will be an agreed upon guideline for existing and projected general conditions of the basin, as well as overview of the planned facilities at various stages to meet the future water supply needs in the basin. Additional detail studies will be required to evaluate the individual projects and/or groups of projects to meet the water needs in the basin. WMP_Scope 042304.doc 2 Scope of Work The following scope of work is intended to support preparation of the Hemet/San Jacinto Groundwater Management Area Water Management Plan (WMP) Report as currently conceived in the DRAFT outline dated March 15, 2004. In order to complete the WMP document on time and within the limited budget, the consultant team (WRIME, Stetson, Geoscience) will be working closely with the management and staff of the agencies, as well as the legal team to ensure proper coordination and communication, appropriate analysis, and quality work product. The activities required to develop the WMP are grouped in the following Tasks: Task 1. Refinement of Safe Yield Analysis The purpose of this task is to pull together the information with regards to groundwater basin safe yield estimates made in the past, refine the methodology used to estimate the safe yield of the basin, and develop an appropriate methodology and estimate for the safe yield of the basin. The following will be performed: • Collect and document previous safe yield studies; and • Refine and document safe yield estimate; WRIME will be responsible to perform this Task with Geoscience performing the review of methodology. This Task is funded by the remaining funds from the IWMP contract with LHMWD, funded by DWR. Task 2. Analysis of Groundwater Quality Conditions The purpose of this task is to document the general water quality conditions using existing and available data, including known or potential sources of degradation that could pose a risk to groundwater and potentially reduce the available groundwater supply. The water quality data available in electronic formats will be aggregated from various sources; each source and the data quality will be documented. An inventory of water quality issues will be developed, and water quality standards and objectives consistent with the Regional Water Quality Control Board Basin Plan will be presented. The following will be performed: • Collect historical groundwater quality data. This includes surface water data from various sources, including the RWQCB and USGS. • Map and identify known degraded sites. Identify sites that could impact groundwater quality. This includes current and known remediation and W M P_Scope_042304. doc 3 treatment program sites and other sites contained in the existing DHS drinking source water assessments program (DSWAP) mapping database. • Identify water quality constraints. Using maps, tables, and graphs current water quality conditions. WRIME will be responsible to perform this Task with Geoscience performing the review of methodology. This Task is partially funded by the remaining funds from the IWMP contract with LHMWD, funded by DWR. Task 3. Preparation of DRAFT Water Management Plan Document The purpose of this task is to collect the information and analysis performed as part of other past studies, as well as Tasks 1 and 2 of this Scope of Work, and to prepare the draft of the WMP document. The outline of the WMP document as discussed and approved by the attorneys is attached as Exhibit A. Following is a brief description of each major section of the WMP along with preliminary assumptions that would be considered in the write-up. Executive Summary This section will present an executive summary of the WMP document. The section will present the general findings of the plan supported by appropriate graphics, as necessary. WRIME will be responsible for this section, and it will be approximately 5 pages. 3.1. Introduction This section will include the overview of the Plan, and discuss the goals of the WMP. The introduction will be brief and will lay out the background to the plan development and its intended use. WRIME will be responsible for this section, and it will be approximately 2 pages. 3.2. Management Plan Framework This section will introduce the Management Plan participants with a brief history and background on each organization, including role of the State; discuss the geographic boundaries of the sub -basins in the management area; provide a brief discussion of the past agreements and past related activities leading to the WMP. Appropriate GIS maps will be produced to assist in presentation of the material. WRIME will be responsible for this section, and it will be approximately 5 pages. 3.3. State of The Basin The purpose of this task is to establish the historical and existing conditions of the groundwater basin. This will assist in development of baseline conditions in the future for analysis of alternative water management plan options. Consultant will describe existing physical settings, key planning assumptions, review historical, current, and forecasted conditions, using WMP_Scope_042304.doc 4 existing studies and data; this includes basin geology and sub -basin boundaries, basin hydrology, rainfall, surface water, basin groundwater levels, basin recharge conditions, and groundwater quality conditions. Majority of the information for this section is available from previous work efforts, other than the discussion on groundwater quality, which will depend on some past reports, but mostly on the work performed under Task 2. WRIME will be responsible for this section, and it will be approximately 25 pages. Geoscience and Stetson will provide support and overview on this Task. 3.4. Existing Water Supplies This task will include review of the previous reports and investigations describing the status of water supplies to each stakeholder agency. This section of the document will explain in general terms the sources of water supply, average annual historical amount of each supply, and trends for future availability of water supplies for each stakeholder. There will be no analysis of water supply conditions or forecasting of the reliability of supplies as part of this Task. Appropriate GIS maps will be produced to assist in presentation of the materials. WRIME will be responsible for this section, and it will be approximately 10 pages. 3.5. Groundwater Rights This task will primarily rely on the information provided by the attorneys and EMWD on the base groundwater production rights for the public agencies, private producers, and the Soboba Tribe. This section ofthe document will reference legal or other documents that cite the groundwater rights and responsibilities of each stakeholder, describe the methodology used for development of base production rights, and schedule for adjustments of such rights. The Legal Team (Firm or person) will be responsible to author this section. Stetson will review and coordinate to ensure proper context is developed. WRIME will be responsible for technical editorial and insertion into the WMP document. This section will be approximately 5 pages. 3.6. Surface Water Rights This section describes the surface water rights of both LHMWD and EMWD based on information provided by the attorneys, as well as how these rights are to be preserved in the WMP and as part of the Principles. The Legal Team (Firm or person) will be responsible to author this section. Stetson will review and coordinate to ensure proper context is developed. WRIME will be responsible for technical editorial and insertion into the WMP document. WMP__ Scope_042304.doc This section will be approximately 1-2 pages. 3.7. Other Soboba Tribe Settlement Requirements This section will provide description of requirements for the settlement of the Tribe water rights issues, including discussions on any financial obligations, responsibilities in providing water to the Tribe when it cannot produce water from the basin, as well as issues with respect to groundwater quality limitations on the recharge water in the Canyon sub -basin. This section will rely to a large extent on the Draft Environmental Impact Report (DEIR) document, as well as other information provided by EMWD and/or LHMWD. No additional information and/or data collection or analysis of data will be done as part of this Task. The Legal Team (Firm or person) will be responsible to author this section. Stetson will review and coordinate to ensure proper context is developed. WRIME will be responsible for technical editorial and insertion into the WMP document. This section will be approximately 5 pages. 3.8. Institutional Plan EMWD is the leading stakeholder in developing the institutional plan. This information will be developed, discussed, and agreed upon in the by the agency managers, attorneys, and consultants. The information will be synthesized and documented by EMWD and included as part of this section of the document. Minor coordination and editorial effort needed to include this section in the document. EMWD will be responsible to author this section. EMWD will be responsible to coordinate with the CAM, TC and PC members to ensure that the approach, content, and documentation is agreed upon by the Stakeholders and/or their representatives. All graphics, charts, and tables will be developed by EMWD. WRIME will be responsible for technical editorial to ensure consistency with the remaining sections of the document, as well as insertion into the WMP document. This section will be approximately 10 pages. 3.9. Water Supply Plan Elements The purpose of this task is to develop section 9 of the WMP document. This task includes review of the past documents, including the Basin Assessment Report (BAR), Integrated Water Management Plant (IWMP) Technical Memoranda, and DEIR for the Integrated Recharge and Recovery Program (IRRP), synthesis of the information, and documentation of the various water supply elements for the WMP. WMP_Scope_042304.doc 6 No new information and/or analysis will be made as part of this Task. It is assumed that the information is available in the existing documents to be provided by EMWD. WRIME will be responsible for this section, with overview by Geoscience and Stetson. This section will be approximately 10 pages. 3.10. Future Water Supply Projects The purpose of this task is to develop section 10 of the WMP document. This task includes review of the recently developed documents in the Basin Assessment efforts and the IWMP Technical Memoranda, as well as the DEIR for the IRRP to synthesis the information on planned and potential water supply projects. There will be no additional analysis, studies, and/or information collection on these projects; the document will solely rely on the past work performed, summarize the information, and to the extent possible will identify future work plans needed to move these projects forward. No new information and/or analysis will be made as part of this Task. It is assumed that the information is available in the existing documents to be provided by EMWD. WRIME will be responsible for this section, with overview by Geoscience and Stetson. This section will be approximately 10 pages. 3.11. Financial Plan EMWD is the leading stakeholder in developing the financial plan. This information will be developed, discussed, and agreed upon in the by the agency managers, attorneys, and consultants. The information will be synthesized and documented by EMWD and included as part of this section of the document. Minor coordination and editorial effort needed to include this section in the document. EMWD will be responsible to author this sections. EMWD will be responsible to coordinate with the CAM, TC and PC members to ensure that the approach, content, and documentation is agreed upon by the Stakeholders and/or their representatives. All graphics, charts, and tables will be developed by EMWD. WRIME will be responsible for technical editorial to ensure consistency with the remaining sections of the document, as well as insertion into the WMP document. This section will be approximately 15 pages. 3.12. Implementation Plan EMWD is the leading stakeholder in developing the implementation plan. This information will be developed, discussed, and agreed upon in the by the WMP_Scope_042304.doc 7 agency managers, attorneys, and consultants. The information will be synthesized and documented by EMWD and included as part of this section of the document. Minor coordination and editorial effort needed to include this section in the document. EMWD will be responsible to author this sections. EMWD will be responsible to coordinate with the CAM, TC and PC members to ensure that the approach, content, and documentation is agreed upon by the Stakeholders and/or their representatives. All graphics, charts, and tables will be developed by EMWD. WRIME will be responsible for technical editorial to ensure consistency with the remaining sections of the document, as well as insertion into the WMP document. This section will be approximately 10 pages. Task 4. Production and distribution of draft WMP document 4.1. Draft WMP Document This task includes the effort needed to produce the WMP draft document, including word-processing, technical editorial, and production of the report. Electronic copies of the document version in MS Word format will be distributed for comment. 4.2. Final WMP Document This task includes efforts to incorporate the comments on the draft report, and finalizing the document. Fifteen hard copies of the report, along with electronic copy in PDF version will be submitted. Task 5. Coordination Meetings and Project Management This task includes project management time to coordinate the work performed under this scope with the stakeholder agencies as well as other team members, including subconsultants. This task also includes time to attend the following coordination meetings: • Up to two (2) TC Meetings to discuss the methodology and results of Tasks 1 and 2 • Up to two (2) PC meetings to present the findings of the WMP • Up to four (4) CAM meetings to coordinate with the CAM members on the development of the WMP document and its relation and coordination with the Settlement Agreement, Stipulated Judgment, and the Principles. WMP_Scope_042304.doc Task Responsibilities In order to ensure proper coordination and identify clear respons ibilities for authorship of various sections of the document, Table A presents the responsible person(s) for each task and/or subtask. Table A- Task Responsibili Task Lead Support & Review 1 WRIME Stetson, Geoscience 2 WRIME Stetson, Geoscience 3 3.1 WRIME Stetson, Geoscience 3.2 WRIME Stetson, Geoscience 3.3 WRIME Stetson, Geoscience 3.4 WRIME Stetson, Geoscience 3.5 Legal Team Stetson, WRIME 3.6 Legal Team Stetson, WRIME 3.7 Legal Team Stetson, WRIME 3.8 EMWD WRIME 3.9 WRIME Stetson, Geoscience 3.10 WRIME Stetson, Geoscience 3.11 EMWD WRIME 3.12 EMWD WRIME 4 WRIME Stetson, Geoscience 5 N/A WMP_Scope_042304.doc 9 Estimated Cost Table B presents the estimated cost to perform the water quality analysis, safe yield analysis, and complete the WMP document. The detail hours and billing rates are included in a supporting spreadsheet table. Table B- Estimated Budget Task Budget 1- Safe Yield Analysis $14,540 2- Water Quality Inventory $18,852 3- WMP Preparation $90,890 4- Document Preparation $21,476 Ten Percent Contingency for Tasks 1-4 $14,562 5- Project Management, Coordination, and Meetings $20,560 Project Management $3,680 Coordination with Agencies $1,990 2 TC Meetings $4,990 2 PC Meetings $3,300 4 CAM Meetings $6,600 Total $180,894 W M P_Scope_042304. do c 10 onntrb leaGnense4 of Safe Yield=alai. jCollen and dnmman. Fres... sale veld .main ._. and a,.-.mem VAC geld ncmaw All Hemet/Sanjadnle Groundwater Management Area Water Management Plan ESTIMATE OF COST 23•Apr-01 Gmm, • a LIIAMO Hn.adal _ Consultant Consultant se '1 ' 1f'1 el'1 IS • else 1Sutereleln 1u. " f Ore Norge al!} Aau0Wle 4:a pl Anul.nl eN Id GIS 191 • Graphing., Admin0 CA I xry n SI. I 00[ 4 S• cm1 314 of Owed aa„ Coned hmend eil pruuedwamr qual 0' NI and idenbll' Anne n.glean. en sere. Idenlile+�a�n qu.lie. eanrtrainee its da Matlen of draft Warne Management Plan O dse traduNu Owsimv aMenepemed PSn Wan M.naq ..nl Pram Gaols Rlanagrment Plan liam<ui Meeapame.•A Per Rodger', Man.pemeAl Area Prewar: Agnomen's andite:duamal Bodes AeW.lea R.IWS b m.nepem.nld MGWBaan, j Main of the Omin Baal* GwbgV arr. d Bo01d0083 Bast: Hyddp� Badn GswMv6M Ceoddens Bufn Surface Water Condhom WO Conga rd.1 al Gesem Quaff), CaMrtans .aaatl Gualry CdNdana Rocsetned Cue sty Conereans Cwrenl6afer Germane, EfreIdes W We YmiEend 0wMrefr Pm4cled WeMDemoMs saba “mn bupptms Gntundrvaen gelds Petk Ap4tws Base Predushan RBI frfr_ Amster P:r0P..s Prodc0+mn R.yms Sabot,. Stine Mgr R Ns a_t1r Ile�l.1. WD'a PMnian Rea Nieman Rghlz Ilter Snbob.a Tnbe Tenement Reel fnmrwl 0tAga!wu S.f9rrwnlpl AK WaMRyers C4ems Weld ',chases Item MAO Plan 0eepaeans to Seger ggedav ro Saeoba T*he GUA'ry tsne!r an Canyon SWb.sm m'l'.ery+.M water le/Integral19an ne terms erer utee5uppi} Plan te_trA\. Replanulmen _.. _._ R:.ecr 0eneery a',wend wax,_ _. Ft _ tore It atm m g.') reelerreelects.�.._._._. ' rvTed Water GnPpM Pm.cts ense Ileat< Seneteremy Assessmenh Replwelmten l Aasouments Payment of 110 sndrort h Trme Aseerw,g of Ss0 argon from Federal GevarureM Peemens a157 m1'APn fa Onager Weer 0pemearw E.panses Ong t inn htan Adm.nm4ne Resbottald OpesftFec,a•an Ownerhev +q 00601&lmpc*.n.nf Rez Dr R Agree.. Cnmmmu rn SI RAF mR If I tIA1P P.eun.nt' (.I.efr_e M iCnertit managemanf gCmtnllnatlnn with Agenelea .2I t".'!"ngs JI 0040 Riming. s Osta is among is be render swag sle'mabtlmnse farm from local. slate. and laden' agrees lrau..re SMOGS and SAGS 2 gun Garments wit an tl0E0rad alaGrancate 3 15 [apgs of *50010g dacunees Teh e4me. veer genes 42TC:PG, sema GAM magmas n PentMon. he Tn. I TC and A CAA' mango 'or Ogee mad Stem in Peni0Me-et u Ile lee SY It AGENDA ITEM G•3 June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk SUBJECT: Resolutions regarding the November 2, 2004 Consolidated Election RECOMMENDATION: By motion adopt: 1) Resolution No. / A Resolution of the City Council of the City of San Jacinto, California, calling a General Municipal Election on November 2, 2004. 2) Resolution No. / A Resolution of the City of San Jacinto, California, adopting regulations for the candidates for elective office, pertaining to the electorate and the costs thereof for the General Municipal Election to be held in the City of San Jacinto on Tuesday, November 2, 2004. BACKGROUND: On April 19, 2001 the City Council adopted Ordinance No. 1087 which changed the General Municipal Election from the odd numbered years to the even numbered years; and consolidated the election to be held in conjunction with state and presidential elections of the even numbered years. It was the intent that the elections would be coordinated with the Riverside County Registrar of Voters and the voting precincts would be the same as theirs. These two proposed resolutions must be adopted before every General Municipal Election. JUSTIFICATION: Both resolutions are required to coordinate the Municipal General Election with the Riverside County Registrar of Voters. Appro City Manager: Finance Director: Page 1 of 2 BUDGETARY IMPACT: The estimated cost to each candidate is $350.00. This money has to be deposited with the City. If there is Tess cost, the unused portion will be refunded to the candidate. If there is a shortage, the City Clerk will invoice the candidate or their committee for the balance. The estimated cost I received is $22,721 based on 9,929 registered voters. However, the voter registration numbers are currently higher. ATTACHMENTS: 1) Resolution No. / A Resolution calling for the General Municipal Election 2) Resolution No. / A Resolution adopting regulations for the candidates for elective office pertaining to their costs of the November 2, 2004 Election 3) Ordinance No. 1087 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, CALLING A GENERAL MUNICIPAL ELECTION ON NOVEMBER 2, 2004 WHEREAS, a General Municipal Election will be held in the City of San Jacinto on the 2nd day of November, 2004, for the full terms of four (4) years for three (3) Council Member seats and for City Treasurer. NOW THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of San Jacinto as follows: 1. The City Council hereby authorizes the Registrar of Voters to conduct the General Municipal Election on behalf of the City of San Jacinto. 2. The polls will be open from 7:00 a.m. to 8:00 p.m. on November 2, 2004. 3. The General Municipal Election will be held and conducted in all manners as prescribed by law. 4. The City Clerk of the City of San Jacinto will give notice of such election by publication in the local newspaper. 5. The Riverside County Registrar of Voters is requested to canvass said election for the City of San Jacinto. 6. The City Clerk of the City of San Jacinto is authorized and directed to file a certified copy of this Resolution with the Riverside County Registrar of Voters. PASSED, APPROVED and ADOPTED this 17th day of June 2004. City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) .3. Z RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SAN JACINTO ON TUESDAY, NOVEMBER 2, 2004 WHEREAS, Section 13307 of the California Elections code provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs thereof. NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the City Council of the City of San Jacinto as follows: Section 1: General Provisions Pursuant to Section 13307 of the California Elections Code, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of San Jacinto on Tuesday, November 2, 2004, may prepare a candidate's statement on any appropriate form provided by the City Clerk. Such statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words, regarding the candidate's education and qualifications as expressed by the candidate. Such statement will not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. Except as provided in Section 13309 of the California Elections Code, such statement may be withdrawn, but not changed, during the period for filing nominations papers and until 5:00 p.m. of the next working day after the close of the nominating period. Section 2: Payment The Riverside County Elections' Department shall give the City Clerk an estimate of the total cost of printing, handling, translating and mailing the candidate's statements filed pursuant to the Elections Code, and require Page 1 of 2 each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimated November 2004 cost is $350.00. As these costs are only estimated, the City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. Section 3: Information The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution No. _ at the time the nominating petitions are issued. PASSED, APPROVED, and ADOPTED this 17th day of June, 2004. ATTEST: City of San Jacinto by Jim Ayres, Mayor Dorothy L. Chouinard, City Clerk Page 2 of 2 r r ID ORDINANCE NO. 1087 AN ORDINANCE OF THE CITY OF SAN JACINTO, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO AUTHORIZE CONSOLIDATION WITH THE STATE-WIDE ELECTION IN NOVEMBER OF EACH EVEN -NUMBERED YEAR, AMENDING CHAPTER 1.16 OF THE CITY OF SAN JACINTO MUNICIPAL CODE. WHEREAS, Section 1301 of the Elections Code of the State of California permits the City of San Jacinto to change its election day with the approval of the Board of Supervisors of the County of Riverside; and, WHEREAS, pursuant to the Registrar of Voters proposal for a cooperative realignment of the election, the City of San Jacinto changed its election day from the date of the state-wide election in November of each even -numbered year, to the first Tuesday after the first Monday in November of each odd -numbered year; WHEREAS, the percentage of registered voters in the City of San Jacinto that turned out for the first odd -year municipal election held in November 1995 was 28%, dropping from a voter turnout of 75.5% in the previous municipal election consolidated with the Presidential election of 1992; WHEREAS, voter turnout in the City of San Jacinto for odd -numbered year municipal elections has remained extremely low at 30% in 1997 and 31.8% in 1999, and voter turnout for the Presidential Elections of 1996 and 2000 remains high at 64.2% and 71.32% respectively. WHEREAS, the City Council of the City of San Jacinto recommends a return to a November even -year election cycle in order to assure the broadest representation of registered voters in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, DOES ORDAIN AS FOLLOWS: Section 1. Amendment to Section 1.16.010, When Held, of the San Jacinto Municipal Code. Section 1.16.010(A) of the City of San Jacinto Municipal Code is amended as follows: 1.16.010 When held. A. The city shall hold its general municipal election on the same day as the state-wide general election held on the first Tuesday following the first Monday in November of even -numbered years. r F Section 2. Amendment to Section 1.16.020, Effect on current office holders, of the San Jacinto Municipal Code. Section 1.16.020 of the City of San Jacinto Municipal Code is amended as follows: 1.16.020 Effect on current officeholders. Those elected city officers whose four-year terms of office would have, prior to the adoption of the ordinance codified in this chapter, expired following the election held on the first Tuesday following the first Monday in November of an odd -numbered year, shall instead continue in their offices until the election held on the first Tuesday following the first Monday in November of an even -numbered year. Section 3. Request to Board of Supervisors of the County of Riverside to Authorize Consolidation with the November election of even -numbered years. Pursuant to Section 1301 of the California Elections Code, the Board of Supervisors of the County of Riverside, is hereby requested to change the municipal election day of the City of San Jacinto from the first Tuesday after the first Monday in November of odd -numbered years, to the first Tuesday after the first Monday in November of even -number years; Section 4. Terms of Officeholders. Pursuant to Section 10403.5(b) of the California Elections Code, the terms of officeholders will be extended as necessary, but no longer than 12 months. Section 5. Notification to Registered Voters. Pursuant to Section 10403.5(e), the City Clerk will request the Registrar of Voters to mail a notice to all registered voters in the City within 30 days after the ordinance becomes operative, informing them of the change of election date and of the resulting change in terms of the current elected officeholders. Section 6. Operative Date. This Ordinance shall become operative following the approval of the Board of Supervisors of this change of election date. MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 19th day of April, 2001. ATTEST: Susan Matthew, CMC, City Clerk Patrick A. Williams, Mayor r CERTIFICATE I, Susan Matthew, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 1087 was duly introduced on the 5th day of April, 2001, and adopted by the City Council of the City of San Jacinto at a regular meeting held on the 19th day of April, 2001, and that the same was adopted by the following vote: AYES: Ayres , Carl son-Buydos , Conner, Good, Wi 11 i ams NOES: None ABSENT: None ABSTAIN None Susan Matthew, CMC City Clerk AGENDA ITEM w •L( June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director' ' \4‘ SUBJECT: Reduction in the Number of Estudillo Mansion Committee Members RECOMMENDATION: By motion, approve a reduction in the number of members on the Estudillo Mansion Committee from nine to seven. BACKGROUND: The Estudillo Mansion Committee was established as an advisory committee to the City Council in 1998 for activities related to the Estudillo Mansion. On September 6, 2001, the City Council approved Resolution 2305 which set the number of permanent Committee members at nine persons, all appointed by the City Council. On June 7, 2004, at a rescheduled regular meeting of the Estudillo Mansion Committee, a motion was made, seconded and unanimously approved by all members present to reduce the number of Committee members from nine to seven. JUSTIFICATION: The Estudillo Mansion Committee members determined that this nine member body was too large for an advisory committee and should be reduced for the following reasons: 1) All nine members are rarely available on any given date to meet as a committee for the purpose of conducting normal business; 2) A nine member committee requires that at the minimum, a quorum of five members must be present to hold a business meeting; and Page 1 of 3 3) The large number of committee members makes it difficult for all members to properly voice opinions and reach a consensus on business issues before the committee For the above reasons, the Estudillo Mansion Committee requests that the City Council approve a reduction in the number of Committee members from the current nine positions to seven positions and that the three current vacancies on the Committee not be filled, thereby reducing the number of Committee Members by attrition. With a reduction of Committee members to seven, a quorum would consist of four members present for a meeting to be properly conducted. BUDGETARY IMPACT: Reducing the number of Estudillo Committee Members from nine to seven will not result in any budgetary impact. ATTACHMENTS: 1) Resolution No. , A Resolution amending Resolution No. 2305,reducing the number of appointed members on the Estudillo Mansion Committee from nine (9) to seven (7). 2) Resolution No 2305 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, REDUCING THE NUMBER OF APPOINTED MEMBERS ON THE ESTUDILLO MANSION COMMITTEE WHEREAS, the Estudillo Mansion Committee was established by the Redevelopment Agency of the City of San Jacinto on February 18, 1998 by adoption of Resolution 99-3; and WHEREAS, on September 6, 2001 the City Council of the City of Jacinto resolved to establish an Estudillo Mansion committee for purpose of advising on matters regarding the Estudillo Mansion by adoption of Resolution No. 2305; and WHEREAS, Section 3 of Resolution No. 2305 specifies that the Estudillo Mansion Committee shall be comprised of nine (9) appointed members. NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, Resolution 2305 is amended as follows: vote: Section 3: The City Council shall appoint seven members to the Estudillo Mansion Committee. APPROVED and ADOPTED this 17th day of June, 2004 by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto by Jim Ayres, Mayor RESOLUTION NO. 2305 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE WHEREAS, on the 18th day of February, 1998, the Redevelopment Agency of the City of San Jacinto established an Estudillo Mansion Committee by the adoption of RDA 99-3, WHEREAS, in order to clarify the purpose, membership, and operating procedures for the Estudillo Mansion Committee and to establish that the Estudillo Mansion Committee is a Committee of the City of San Jacinto, rather than the Redevelopment Agency; WHEREAS, the Council wishes to ratify the make-up of the committee to include nine members, two of which may reside outside the City of San Jacinto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. Estudillo Mansion Committee Established. The City Council hereby establishes an Estudillo Mansion Committee. Section 2. Purpose. The Committee is established for the purpose of advising on matters regarding the Estudillo Mansion. Section 3. Membership. The Estudillo Mansion Committee shall be comprised of nine members. Members shall be City residents, except that four members may reside outside the City. The Estudillo Mansion Committee shall be appointed by the City Council and be advisory to the Council. Members of the Estudillo Mansion Committee shall serve without compensation. Section 4. Appointment Term. To provide for staggered terms of office, three terms will expire on August 1, 2002, three will expire on August 1, 2003, and three terms will expire on August 1, 2005. All succeeding appointments to the Estudillo Mansion Committee shall be for a four-year term. A committee member whose term has expired shall continue to hold office until a successor has been appointed. Section 5. Vacancies and Removal of Members. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term in the same manner as for an original appointment. Members may be t removed by the City Council for inefficiency or nonperformance of duty; misconduct; or malfeasance in office, or for having more than two unexcused absences, or four excused absences during a twelve-month period. Section 6. Meetings Conducted in Accordance with the Ralph M. Brown Act. Meetings of the Estudillo Mansion Committee shall be held in accordance with the Ralph M. Brown Act of the State of California to insure that all meetings are open to the public, that items to be discussed are included on an agenda which is posted a minimum of 72 hours in advance of a Committee meeting, and that there is opportunity for members of the public to address the Committee during meetings. Section 7. Organization. The Estudillo Mansion Committee shall elect a chair from its members. The Committee shall elect its own vice -chairperson and create and fill such other offices as it may determine it requires. The vice - chairperson shall preside in the absence of the chairperson. The Estudillo Mansion Committee shall hold meetings as required. A majority of the members of the Committee shall constitute a quorum. The Committee shall adopt rules for transaction of business and shall keep a written record of meetings, transactions, and findings which shall be a public record. Section 8. Subcommittees of the Committee. The Committee may organize into subcommittees in order to achieve its purpose. The chairpersons of these subcommittees shall be members of the Committee. Additional persons may be recruited to serve on the subcommittees. Section 9. Voting. A majority vote of a quorum of the Estudillo Mansion Committee shall be necessary to legally act on any matter before the Commission. Section 10. Conflict of Interest. Each member of the Committee may vote on all questions put to the Committee unless a conflict of interest or an appearance fairness question under state law is present. Section 11. Funding. The City of San Jacinto may provide financial support from its annual operating budget to the Estudillo Mansion Committee for its work and activities. Section 12. Staff Support. The City's Redevelopment Operations Manager or designee shall be staff liaison to support Committee tasks. vote: Approved and adopted this 6th day of September, 2001, by the following Ayes: Ayres, Carlson-Buydos, Good, Williams Noes: None Absent: Conner Abstain None Attest: C Susan Matthew, City Clerk Patrick A. Williams, Mayor -3- AGENDA ITEM 69.5 June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Direction for the City Manager to review the City's Conflict of Interest Code pursuant to the political reform act of 1974. RECOMMENDATION: By motion direct the City Manager, or designee, to: 1) have the City's Conflict of Interest Code reviewed pursuant to Government Code Section 87306.5, 2) file a statement of review with the City Clerk no later than October 1, 2004, 3) and have the Conflict of Interest Code revised based upon such review, if necessary. BACKGROUND: The primary effect of the Conflict of Interest Code is to establish conflict of interest disclosure requirements for various City and Redevelopment Agency positions involved in the requisite level of decision -making as set forth in the Political Reform Act. The Act requires each city to adopt a local conflict of interest code which designates and covers city (and redevelopment agency) positions not otherwise designated in the Act itself, that are involved in making city (or agency) decisions. The Political Reform Act of 1974 (the "Act") and, in particular, Government Code Section 87306.5 require that no later than July 1 of each even -numbered year, the City Council, as the City's code -reviewing body, shall direct that the City's Conflict of Interest Code ("Code") be reviewed and, if a change in the Code is necessitated by changed circumstances, that a revised Code be submitted to the City Council for approval. The Act also requires that the City Manager file a statement regarding the results of the review no later than October 1 of the same year. If a change in the Code is necessitated by this review, it must be submitted to the City Council for approval within ninety (90) days of the filing of the statement of review. Page 1 of 2 JUSTIFICATION: The Political Reform Act of 1974, requires all public agencies to adopt and promulgate a Conflict of Interest Code. Section 87306 of the Act requires that conflict of interest codes be amended for changed circumstances such as an update to the designation of positions having a decision -making capacity, an update to assigned disclosure categories and inclusion of new provisions required by statute. BUDGETARY IMPACT: Covered through legal services per City Attorney's budget. ATTACHMENTS: None Page 2 of 2 AGENDA ITEM b.& June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Appropriation for Police Officers Association and Sergeants Association Negotiated Contract for Severance RECOMMENDATION: It is recommended that the City Council appropriate $300,000 out of the general fund reserve to pay for the negotiated contracts between the City and the Police Officers Association and the Sergeants Association for severance benefits. BACKGROUND: As Council is aware, we had an obligation to meet and confer on the affects of the Council's policy decision to contract out police services with Riverside County Sheriffs Department. The City met and conferred in good faith and came to negotiated settlements with both the Police Officers Association and the Sergeants Association, on severance benefits for those employees who were not picked up by the Sheriffs Department. The estimated cost of this benefit for our departing Police Officers and their families is estimated at $300,000. This memorandum is also to satisfy any requirement that City has in reporting out the Council's approval of the two labor contracts that they considered and approved in closed session at their regular meeting of June 3, 2004. JUSTIFICATION: The Council bargained in good faith with both the San Jacinto Police Officers Association and the Sergeants Association to help mitigate the impacts of the policy decision to go with the Riverside County Sheriffs Department. There was no intent to have any employees loose their jobs in this process and the Council felt it was appropriate for those employees who lost their jobs to receive an appropriate severance benefit to help them and their families be supported while they look for new employment. BUDGETARY IMPACT: $300,000 is appropriated out of the general fund reserve. We have sufficient reserves in the general fund to pay for this expense. The general fund reserve is estimated at $3.4 Million. ATTACHMENTS: None AGENDA ITEM 6• 7 June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Downtown Improvements - Notice of Completion RECOMMENDATION: By motion: 1) approve the Notice of Completion for Downtown Improvements; and 2) authorize release of retention in the amount of $62,249.10, thirty days after recordation of the Notice of Completion. BACKGROUND: On July 24, 2003, the City Council awarded a contract to Los Angeles Engineering, Inc., in the amount of $565,532.80, plus 15% contingency ($650,362.72). Subsequently on August 4, 2003, the Notice to Proceed was issued to start work on August 11, 2003 and to complete all scheduled work by November 11, 2003. The work has been completed to the satisfaction of the City's Landscape Architect Kammeyer & Associates, Planning Department, and Public Works Parks Division. The final contract cost is $622,491.04. JUSTIFICATION The acceptance of the project and release of funds is necessary to comply with the contract provisions. BUDGETARY IMPACT Project cost is included in Fiscal Year Budget 2003-04 (Project No. 02-015); partially funded by Measure "A" and CDBG funds. ATTACHMENTS: 1. Notice of Completion Page 1 of 1 WHEN RECORDED RETURN TO: CITY CLERK: City of San Jacinto 201 E. Main Street San Jacinto, Ca 92583 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, the fee simple owner of the project site and a political subdivision of the State of California, that a public work of improvement described as Downtown Improvements has been completed and was accepted by the undersigned awarding authority on the date hereof. The Contractor on such work was Los Angeles Engineering, Inc., and the surety bond is with International Fidelity Insurance Company. The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as : Main Street between San Jacinto Avenue and Jordan Avenue. Date: June 17, 2004 City of San Jacinto (Date of Completion) (Name of Political bdivision) By Titli �21ty Ebgi er (/ STATE OF CALIFORNIA COUNTY OF RIVERSIDE I hereby certify that I am the City Clerk of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification: and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto, California on , 2000 City Clerk AGENDA ITEM to. June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engine SUBJECT: First and Seventh Street Sidewalks and Miscellaneous Improvements - Notice of Completion RECOMMENDATION: By motion: 1) approve the Notice of Completion for First and Seventh Street Sidewalks and Miscellaneous Improvements; and 2) authorize release of retention in the amount of $40,031.00, thirty days after recordation of the Notice of Completion. BACKGROUND: On August 16, 2003, the City Council awarded a contract to Contreras Construction Company, in the amount of $342,160.00, plus 15% contingency ($393,484.00). The work has been completed per plans and specifications. The final contract cost is $401,031.00, which is $7,547.00 over budget and is due to additional improvements requested by City during construction. JUSTIFICATION The acceptance of the project and release of funds is necessary to comply with the contract provisions. BUDGETARY IMPACT Project cost is included in Fiscal Year Budget 2003-04 (Project No. 03-050); partially funded by Measure "A" and SB 821 grant. Measure "A" funds will be utilized to cover the overrun. ATTACHMENTS: 1. Notice of Completion Page 1 of 1 WHEN RECORDED RETURN TO: CITY CLERK: City of San Jacinto 201 E. Main Street San Jacinto, Ca 92583 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, the fee simple owner of the project site and a political subdivision of the State of California, that a public work of improvement described as First and Seventh Street Sidewalks and Miscellaneous Improvements has been completed and was accepted by the undersigned awarding authority on the date hereof. The Contractor on such work was Contreras Construction Company, and the surety bond is with Developers surety and Indemnity Company. The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as : First Street between San Jacinto and Camino Los Banos and Seventh Street between Minor Street to Donna Way. Date: June 17, 2004 City of San Jacinto (Date of Completion) STATE OF CALIFORNIA COUNTY OF RIVERSIDE (Name of Poll ►:I Sub ivision I hereby certify that I am the City Clerk of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification: and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto, California on +o//, 2000 WHEN RECORDED RETURN TO: CITY CLERK: City of San Jacinto 201 E. Main Street San Jacinto, Ca 92583 NOTICE OF COMPLETION FOR RECORDERS USE ONLY Notice is hereby given by the undersigned owner, the fee simple owner of the project site and a political subdivision of the State of California, that a public work of improvement described as First and Seventh Street Sidewalks and Miscellaneous Improvements has been completed and was accepted by the undersigned awarding authority on the date hereof. The Contractor on such work was Contreras Construction Company, and the surety bond is with Developers surety and Indemnity Company. The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as : First Street between San Jacinto and Camino Los Banos and Seventh Street between Minor Street to Donna Way. Date: June 17, 2004 City of San Jacinto (Date of Completion) (Name of Political Subdivision) By Title: City Engineer STATE OF CALIFORNIA COUNTY OF RIVERSIDE I hereby certify that I am the City Clerk of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification: and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto, California on , 2000 City Clerk AGENDA ITEM 6• q June 17, 2004 TO: The Honorable yor and Members of the City Council FROM: Habib Motlag City Engineer SUBJECT: Irrevocable Offers of Dedication of Right -of -Way — Seventh and Sanderson Avenue RECOMMENDATION: Accept Irrevocable Offers of Dedication for the northeast, northwest, and the southwest corner of Seventh Street and Sanderson Avenue to accommodate the traffic signal installation by Lennar Communities associated with development of Tract 30462. BACKGROUND: Lennar Communities has secured the right-of-way dedications from Rosalia Hauser, Trustee (Assessor's Parcel No. 431-150-016-9), Ignacio and Maria De La Paz Cordero (Assessor's Parcel No. 431-190-018), and Robert Jones (431- 150-005), to accommodate the installation of traffic signal improvements and associated intersection improvements per conditions of approval for Tract 30462. Tentative Tract Map 30462 is a 212 single family lot subdivision on 60.15 acres located at the southeast corner of Sanderson Avenue and Seventh Street. JUSTIFICATION Accepting the road dedications will allow the developer to comply with the conditions of approval for the development of Tract 30462, and will facilitate the orderly development of Tentative Tract Map 30462. BUDGETARY IMPACT None — Lennar Communities has covered the purchase of the right-of-way per conditions of approval for their proposed Tentative Tract Map 30462. Page 1 of 2 Appr City Manager: / Finance Director: ,/i ATTACHMENTS: 1. Irrevocable Offers to Dedicate 2. Final Tract Map 30462 and 30462-1 Page 2 of 2 RECORDING REQUESTED BY: NORTH AMERICAN TITLE COMPANY WHEN RECORDED MAIL TO: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Habib Motlagh 7002744-27 431-150-005 ORDER NO: APN SPACE ABOVE THIS LINE FOR RECORDER'S USE IRREVOCABLE OFFER OF DEDICATION UWe, the record owners of the following described property in the City of San Jacinto, County of Riverside, State of California: A portion of Lot 150 of the San Jacinto Land Association San Jacinto Rancho, in the City of San Jacinto, County of Riverside, State of California, as shown on a Map thereof filed in Book 8, Page 357 of Maps, records of San Diego County, California, as more particularly described in the Legal Description Exhibit A and Exhibit B attached hereto and made a part of. do hereby offer to dedicate to the City of San Jacinto, a municipal corporation, easements for public road and highway purposes over said property whenever the road easement is presented for execution. It is understood that upon its acceptance and recordation, the easement deed shall supersede this agreement, and any portion of this agreement that is inconsistent with said easement deed shall cease and terminate and be of no further effect. It is further understood that this agreement shall be irrevocable upon is acceptance by the City of San Jacinto, and it shall be binding upon the undersigned successor or assignors. Dated: , 2004 OWNER COMMONWEALTH THRIFT BANCORP Signature P .�2'`szt-�f' ! -r-- Print Name :700 r / —1 S Title 7 y/o1 _r Signature Print Name Title r STATE OF C FO!R��NIA ) COUNTY OFei�j1j4/,],/dt ) OnfYlaAJAI eaDot-1- , before me &IV { r I L Y t) Lul I /�/0� J AJ kf� Vt - personally appeared L, J ov\es .^ re_^n_. 4nnu+ to n'e_(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name( ubscribed to the within instrument and acknowledged to me thatOtheltfitegexecuted the same inheritheirbthorized capacity(ies), and tha ignature(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. pr AN. mi. am 4311- ANNA MC MILLIN Commission 8 1363390 Z Notary Public - California F. Riverside County M t Co a n. Expires Jul 28, 2006 (This area for official notarial seal) EXHIBIT "A" LEGAL DESCRIPTION STREET DEDICATION SANDERSON AVENUE AND SEVENTH STREET SAN JACINTO, CALIFORNIA PARCEL 1 THAT PORTION OF LOT 160 OF THE SAN JACINTO LAND ASSOCIATION SAN JACINTO RANCHO, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF FILED IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF SANDERSON AVENUE AND SEVENTH STREET AS SHOWN ON PARCEL MAP NO. 5729, FILED IN BOOK 13, PAGE 90 OF PARCEL MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID CENTERLINE OF SEVENTH STREET NORTH 89°54'23" WEST, 138.03 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE SOUTH 00°05'37" WEST, 30.00 FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF SAID SEVENTH STREET, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID CENTERLINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°54'23" EAST, 108.01 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID SANDERSON AVENUE, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY FROM SAID CENTERLINE OF SANDERSON AVENUE; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00°06'56" WEST, 102.02 FEET; THENCE NORTH 89°53'04" WEST, 20.00 FEET; THENCE NORTH 00°06'56" EAST, 65.00 FEET; THENCE NORTH 44°53'43" WEST, 32.53 FEET TO A LINE PARALLEL WITH AND 14.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID SOUTHERLY RIGHT OF WAY LINE OF SEVENTH STREET; THENCE ALONG SAID PARALLEL LINE NORTH 89°54'23" WEST, 65.00 FEET; THENCE NORTH 00°05'37" EAST, 14.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,537 SQUARE FEET, MORE OR LESS. PARCEL 2 THAT PORTION OF LOT 150 OF THE SAN JACINTO LAND ASSOCIATION SAN JACINTO RANCHO, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF FILED IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF SANDERSON AVENUE AND SEVENTH STREET AS SHOWN ON PARCEL MAP NO. 5729, FILED IN BOOK 13, PAGE 90 OF PARCEL MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID CENTERLINE OF SANDERSON AVENUE NORTH 00°03'02" EAST, 132.05 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE NORTH 89°56'58" WEST, 30.00 FEET TO A POINT IN THE WESTERLY RIGHT OF WAY LINE OF SAID SANDERSON AVENUE, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY FROM SAID CENTERLINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00°03'02" WEST, 102.03 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID SEVENTH STREET, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, NORTHERLY FROM SAID CENTERLINE OF SEVENTH STREET; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°54'23" WEST, 75.03 FEET; THENCE NORTH 00°05'37" EAST, 14.00 FEET; THENCE SOUTH 89°54'23" EAST, 32.00 FEET; THENCE NORTH 45°04'20" EAST, 32.54 FEET TO A LINE PARALLEL WITH AND 20.00 FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY FROM SAID WESTERLY RIGHT OF WAY LINE OF SANDERSON AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 00°03'02" EAST, 65.00 FEET; THENCE SOUTH 89°56'58" EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,076 SQUARE FEET, MORE OR LESS. PARCEL 3 THAT PORTION OF LOT 151 OF THE SAN JACINTO LAND ASSOCIATION SAN JACINTO RANCHO, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF FILED IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF SANDERSON AVENUE AND SEVENTH STREET AS SHOWN ON PARCEL MAP NO. 5729, FILED IN BOOK 13, PAGE 90 OF PARCEL MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID CENTERLINE OF SEVENTH STREET SOUTH 89°54'19" EAST, 237.95 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE NORTH 00°05'41" EAST, 30.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY LINE OF SAID SEVENTH STREET, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, NORTHERLY FROM SAID CENTERLINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°54'19" WEST, 207.97 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID SANDERSON AVENUE, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, EASTERLY FROM SAID CENTERLINE OF SANDERSON AVENUE; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°03'02" EAST, 101.97 FEET; THENCE SOUTH 89°56'58" EAST, 20.00 FEET; THENCE SOUTH 00°03'02" WEST, 65.00 FEET; THENCE SOUTH 44°55'38" EAST, 32.51 FEET TO A LINE PARALLEL WITH AND 14.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTHERLY FROM SAID NORTHERLY RIGHT OF WAY LINE OF SEVENTH STREET; THENCE ALONG SAID PARALLEL LINE SOUTH 89°54'19" EAST, 165.00 FEET; THENCE SOUTH 00°05'41" WEST, 14.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,935 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. under thesupervision of: William R. Kni Expires 9-30-04 3 6810 MAP TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B" STREET DEDICATION IN THE CITY OF SAN JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 14.00' N00'05'41 "E T.P.O.B., PAR. 3 OD_ ,A o i0 0 a' N00'03'02"E co' z z NO0'03'02"E 0 CO 431. N00'03'02"E 132.05' N89'56'58"W ` 30.00' f N00'03'02"E 102.03' N00'05'37"E 30' 44' W H SCALE: 1" = 50' c_ SANDERSON 30' P.O.C. AVENUE 0 n N00'06'56"E N00'06'56"E .4 �.4 5�,yya +a! T.P.O.B., PAR. 1 N00'05'37"E 30' I 14.00' 0o o;,� CD In CORPORATE RESOLUTION This is to certify that at a board of directors meeting of the Commonwealth Thrift Bancorp held on January 13, 2002, the following resolution was passed: Resolved that the President (Robert L. Jones) or Secretary -Treasurer, (Robert A. Jones) have the authority to open bank accounts sign legal documents and conduct the daily operations of the Corporation. The above resolution was passed unanimously by Board of Directors. I certify the above is a true and correct copy of the resolution passed on January 13, 2002. Air- 7?.e,-e' Robert A. Jones,cretary RECORDING REQUESTED BY: NORTH AMERICAN TITLE COMPANY WHEN RECORDED MAIL TO: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Habib Motlagh 7002745-27 431-190-018 ORDER NO: APN SPACE ABOVE THIS LINE FOR RECORDER'S USE IRREVOCABLE OFFER OF DEDICATION UWe, the record owners of the following described property in the City of San Jacinto, County of Riverside, State of California: A portion of Lot 160 of the San Jacinto Land Association San Jacinto Rancho, County of Riverside, State of California, as shown on a Map thereof filed in Book 8, Page 357 of Maps, records of San Diego County, California, as more particularly described in the Legal Description Exhibit A and Exhibit B attached hereto and made a part of do hereby offer to dedicate to the City of San Jacinto, a municipal corporation, easements for public road and highway purposes over said property whenever the road easement is presented for execution. It is understood that upon its acceptance and recordation, the easement deed shall supersede this agreement, and any portion of this agreement that is inconsistent with said easement deed shall cease and terminate and be of no further effect. It is further understood that this agreement shall be irrevocable upon is acceptance by the City of San Jacinto, and it shall be binding upon the undersigned successor or assignors. Dated: Nr rtl as , 2004 STATE OF CA IFORNI ) COUNTY OF III ) On r I dd I O0`r , before me __l K-1 __L4-N` C (14 &9rdero amd Mariet de la_Pa7 doi-di n proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s ' 10 subscribed to the within instrument and acknowledged to me that-hetshett4Dxecuted the same irrtrit4h#Zibiuthorized capacity(ies), and tha hei)ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Q2 cio Cordero Maria de la Paz Cordero WITNESS my hand and official seal. personally appeared ANNA MC MILLIN Commission 0 1363390 Notary Public - California Riveteide County My Comm. Expires Jul 28, 2006 4 — — 9wwtt (This area for official notarial seal) r EXIIIBIT "A" LEGAL DESCRIPTION STREET DEDICATION SANDERSON AVENUE AND SEVENTH STREET SAN JACINTO, CALIFORNIA PARCEL 1 THAT PORTION OF LOT 160 OF THE SAN JACINTO LAND ASSOCIATION SAN JACINTO RANCHO, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF FILED IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF SANDERSON AVENUE AND SEVENTH STREET AS SHOWN ON PARCEL MAP NO. 5729, FILED IN BOOK 13, PAGE 90 OF PARCEL MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID CENTERLINE OF SEVENTH STREET NORTH 89°54'23" WEST, 138.03 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE SOUTH 00°05'37" WEST, 30.00 FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF SAID SEVENTH STREET, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID CENTERLINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°54'23" EAST, 108.01 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID SANDERSON AVENUE, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY FROM SAID CENTERLINE OF SANDERSON AVENUE; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00°06'56" WEST, 102.02 FEET; THENCE NORTH 89°53'04" WEST, 20.00 FEET; THENCE NORTH 00°06'56" EAST, 65.00 FEET; THENCE NORTH 44°53'43" WEST, 32.53 FEET TO A LINE PARALLEL WITH AND 14.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID SOUTHERLY RIGHT OF WAY LINE OF SEVENTH STREET; THENCE ALONG SAID PARALLEL LINE NORTH 89°54'23" WEST, 65.00 FEET; THENCE NORTH 00°05'37" EAST, 14.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,537 SQUARE FEET, MORE OR LESS. "'ISµen 0 MAP TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B" STREET DEDICATION IN THE CITY OF SAN JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA I 30' 14.00' N00'05'41 "E T.P.O.B., PAR. 3 ^ry N00'03'02'E N00'03'02"E N00'03'02 E 132.05' N89'56'58"W re, ,^ 30.00' N00'03'02'E 102.03' dio ,p 0 no b,03 z Z \N00'03'02'E T.P.O.B., PAR. 2 14.00' N00'05'37"E - �0 o 0 0 0 0 z 44' CC (n VO e st SCALE: 1" = 50' 4, SANDERSON AVENUE CO z 30' P.O.C. 30' I N00'05'37"E 14.00' N00'06'56"E ,yri,�.yb • N00'06'56"E a on v4 N0 O %V%,O AOv o0�� T.P.O.B., PAR. 1 polo 0 0 f l36J0 RECORDING REQUESTED BY: NORTH AMERICAN TITLE COMPANY WHEN RECORDED MAIL TO: City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Attn: Habib Motlagh 7002746-27 431-150-016-9 ORDER NO: APN SPACE ABOVE THIS LINE FOR RECORDER'S USE IRREVOCABLE OFFER OF DEDICATION I/W e, the record owners of the following described property in the City of San Jacinto, County of Riverside, State of California: A portion of Lot 151 of the San Jacinto Land Association San Jacinto Rancho, County of Riverside, State of California, as shown on a Map thereof filed in Book 8, Page 357 of Maps, records of San Diego County, California, as more particularly described in the Legal Description Exhibit A and Exhibit B attached hereto and made a part of do hereby offer to dedicate to the City of San Jacinto, a municipal corporation, easements for public road and highway purposes over said property whenever the road easement is presented for execution. It is understood that upon its acceptance and recordation, the easement deed shall supersede this agreement, and any portion of this agreement that is inconsistent with said easement deed shall cease and terminate and be of no further effect. It is further understood that this agreement shall be irrevocable upon is acceptance by the City of San Jacinto, and it shall be binding upon the undersigned successor or assignors. Dated: 11-,/L( L / 7 2...M)47( , 2004 STATE OF CALIFORNIA ) COUNTY OF //®R,4-/16€... ) On 44 l (7 f 200,1 , before me lt ®sa-fill u 5' (or proved to me on the basis of satisfactory evidence to be the person(a)-whose nam- subscribed to the within instrument and acknowledged to me that . hey -executed the same in I theirauthorized capacity(iss); and that theirsignature(s) on the instrument the person(' or the entity upon behalf of which the persons acted, executed the instrument. ateki, ihi. re. Rosalie Hauser, Trustee WITNESS my hand and official seal. �I�NN1 C�Arn �s personally appeared JENNY CHAMBERS Commission 01345734 Notary Public - California Orange County My Cornrn Expires Mar B, 2006' z a (This area for official notarial seal) PARCEL 3 THAT PORTION OF LOT 151 OF THE SAN JACINTO LAND ASSOCIATION SAN JACINTO RANCHO, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF FILED IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF SANDERSON AVENUE AND SEVENTH STREET AS SHOWN ON PARCEL MAP NO. 5729, FILED IN BOOK 13, PAGE 90 OF PARCEL MAPS, RECORDS OF SAID RIVERSIDE COUNTY; THENCE ALONG SAID CENTERLINE OF SEVENTH STREET SOUTH 89°54'19" EAST, 237.95 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE NORTH 00°05'41" EAST, 30.00 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY LINE OF SAID SEVENTH STREET, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, NORTHERLY FROM SAID CENTERLINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°54'19" WEST, 207.97 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID SANDERSON AVENUE, SAID RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET, AS MEASURED AT RIGHT ANGLES, EASTERLY FROM SAID CENTERLINE OF SANDERSON AVENUE; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°03'02" EAST, 101.97 FEET; THENCE SOUTH 89°56'58" EAST, 20.00 FEET; THENCE SOUTH 00°03'02" WEST, 65.00 FEET; THENCE SOUTH 44°55'38" EAST, 32.51 FEET TO A LINE PARALLEL WITH AND 14.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTHERLY FROM SAID NORTHERLY RIGHT OF WAY LINE OF SEVENTH STREET; THENCE ALONG SAID PARALLEL LINE SOUTH 89°54'19" EAST, 165.00 FEET; THENCE SOUTH 00°05'41" WEST, 14.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,935 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. Prepared under the supervision of: William R. Knit, L.S. 6810 Expires 9-30-04 3 MAP TO ACCOMPANY LEGAL DESCRIPTION SCALE: 1" = 50' EXHIBIT "B" STREET DEDICATION IN THE CITY OF SAN JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA N00'03'02"E N00'03'02"E 132.05' N89'56'58'W 30.00' N00'03'02"E 102.03' ag �03.02"E � c T.P.O.B., PAR. 2 14.00' 30' 44' 1- W CC N 0 SANDERSON AVENUE 30' 0 N a 03 2 P.O.C. N00'06'56"E N00'05'37"E 30' I 14.00' • 04/05/2004 11:06 FAX Ij002 CERTIFICATION OFTRUST (PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5) THE UNDERSIGNED, BEING ALL OF THE CURRENTLY ACTING TRUSTEES OF THE TRUST, BEING OF LAWFUL AGES, HEREBY DECLARE THE FOLLOWING TO BE TRUE AND CORRECT: `J�-'}� Z,L,Vbc A3tli 1. 1 }it AAVA TRUST DATED APAIL- 1 51 ) l i IS A VALID AND EXISTING TRUST. 2. THE TRUST IDENTIFICATION NUMBER IS 3. THE NAMES AND ADDRESSES OF ALL OF THE SETTLORS OF THE TRUST ARE: NAME : ADDRESS 4. THE NAMES AND ADDRESSES OF ALL THE TRUSTEES OF THE TRUST ARE: NAME : 0SAL.1A \�ALIS1='Q__. ADDRESS : Z144.1 r Af ixtrf-1 f'1► 5S1 i! \-1 I C/1 2 7-- 5. THE FOLLOWING POWERS ARE CONFERRED UPON THE TRUSTEE(S). 6. THE TRUST IS REVOCABLE RREOOCABLE 7. FEWER THAN ALL OF THE TRUSTEES ARE AUTHORIZED TO ACT ON BEHALF OF THE TRUST IN ANY ACQUISITION, CONVEYANCE, ENCUMBRANCE, LEASE, OR ANY OTHER DEALING WITH AN INTEREST IN TRUST PROPERTY. THE FOLLOWING TRUSTEE(S) ARE SO AUTHORIZED:1Zo�9ua 1 WHICH AUTHORITY OF SUCH TRUSTEE(S) IS LIMITED AS FOLLOWS : 8. TITLE TO TRUST ASSETS IS TO BE TAKEN IN THE FOLLOWING MANNER: THE TRUST HAS NOT BEEN REVOKED, MODIFIED, OR AMENDED IN ANY MANNER WHICH WOULD CAUSE THE REPRESENTATIONS CONTAINED HEREIN TO BE INCORRECT. THIS CERTIFICATION 1S EXECUTED BY ALL OF THE CURRENTLY ACTING TRUSTEES OF THE TRUST PURSUANT TO SECTION 18100.5 OF THE PROBATE CODE. DATED: AFZlL. 17, ZCO4 A FULL COPY OF THE TRUST: IS ATTACHED; IS NOT ATTACHED: UNDER PENALTY OF PERJURY AT COMA-.r`r ON AP¢iz 7, Zetoy 20 I WE) DECLARE THE FOLLOWING TO BE TRUE AND CORRECT. /l 1d7e4-3oV- T tz APR 05 2004 13:01 PAGE.02 VICINITY NAP N. SURVEYOR'S NOTES 1. 1HE UM OF BEIMICS FM MS NAP I6 TIE OF SUMMON AVENUE TAROT AS NOD09' PER PUB 29/100. 2. TRACT N0. sows IDS 109 L015 PUTS LOTS A' THROUGH V, INOLSNE. 3, TRACT N0. 30462 CONTAINS 26.92 NT. ATRE5 WARN TIE Ohlm.70. BONGED. 4. ALL PUBLIC mums AND PUBLIC SERVICES PETALLED WIMN TES TRACT SNAIL BE PLACED UNDERGROUND. 5. 1' 0D. IRDN PPE W PLASTIC PW0 STAMPED '15 112110' SET RUSH AT ALL WAR LOT CORNERS. UNLESS NOTED OTIERMSE 6. HOT CORNERS AIMACLTIT TO STREETS EMERGED BY LEAD A TM, l5 8010' ON 10P OF CURB AT TIE PRNONOMION OF LOT LINES 7. A INDICATES TYPE'6' MONUMENT. STOMPED 1S 0510'. SET FLUSH. PER RN. CO. 510. N0. 003, WOLS9 NOTED OTEANTSE 6. • INMATES FOUND RN. CO. 5D. 117E 'A' mouses. T. 'Ls 0810'. NI94. PER 1N, 30112-1. MB UNLESS HIRED ODERNISE. 9. A INDICATES FOUND RIV. CO. 5E0. HYPE 4' MONUMENT, u MI0'. R1126 PER Ti. 30162-1. NO -/- 10. TD.E' MOCL1E3 PL1NC UM.DY EASEMENT OFDIg7ED HERDIC DATA REFERENCE ( ) - INDICATES RECORD DATA PER TR 30442-1, uD. J-_ UNLESS Norm 011r000t R1 - INDICATES RECORD DATA PER PNe 27/16 R2 - INDICATES RECORD DATA PER RUB 21/100. R3 - MORN RECCRO DATA PER RAMMER COUNTY ROM COMM AND WATER COMONATIDR 067910E NAP Of SECTION 32, T.41, R.1W., W.B.M. TOIL RECORD 06TMCE9 SNO0 ME ADR21ED GROUND OMAMCES, OF TEE CHIFON9A C0a10NATE STSIER ZONE 6. W®R 133EIF011NL PMNELT101L R4 - INDICATES RECORD DATA PER PUB 41/92-93. R5 - AERATES RECORD DATA PER PI. 13/90. M A. LOCATES RECORD DATA PER PI. 9/66. EASEMENT NOTES I. A RPM OF MY FASEIEIO N FAKIR OF SAN ACINTO L910 ASSDCN11011, 16 SUCCESSORS OR ASSIGNS. FOR ROADS N0 FOR THE COI9ONCCOH NIO WMERIN.E OF ALL NECESSARY WATER PPES AND wan. SINES AND CONWR45. FOR ALL PU P056 OF IRRIGATOR NO3 0W61C USE: THE EXALT LOCATION THEREOF NOT 13117 ENCLOSED BY RECORD. .6 s IN THE CRY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA TRACT NO. 30462 BONG A MBGNWN OF A PORTION THE WEST RAF OF FARM LOT 159 OF OE CONS OF DE SIN JACt1l0 IAINS A550E61101, AS SNOW CA A NAP THEREOF RECORDED N BOON 6, PATE 357 OF WAS, RECORDS OF SMI DEW CARTY. CAi019M LOCATED N SEDDION S2 T.45. RIR_ SEUL R d A ENGINEERING, INC. JANUARY, 2004 (M092) M. 1' LP. W/ RAVE POW. PER RN. DIAEADAI DE. 0.' m. ACCEPTED AS TIE COG, FA01 LED 150 MID TIE 0. INIF76ECIION PER PIN 26/100. 00.E CART ESABl13NED BY MOLE PROFORMA (660.76) z PARCEL4 f0. I 1 4' LP. TAG®, PERPIIB 195/21-35 FOR FOB TIE SE CM. FARM LOT 159 A10 TIE CL 6IESSECBMI. SANDER8ON AVENUE N 000M56' E (264327) (2643.4R R1 A R2) (2643.41' R3) (2642.45' R5) (559.Y) (1422.71) "..-Lot A LA Y 102 IOJ 154 107 wB 1098 IDy 101 95 © W : I 12 3 14grALF I ° 9 14h .F CI Atk Q�J. © .L M W fDI N 64 65 °° 67 NOP0Y25E GROSS? IEIDDIR 26 25 CONE LA '0' 16 SWEET CLOVER LOOP FAAN MAMAS DAC morsel SYR 15 B 9 L7 66 69 5 m 79 SWEET CIDER LOOP 76 LA t' "1 176 I75 174 173 I72 71 A (1w0.1) - (2643.12) (2643.32' R1 A R2) _ WUI "® t P lAl1 .� (P 'es O 1 • GRAPHIC SCALE 600 SAYE) I' - 20o L9 SHEET 2 OF 5 SHEETS CAWSTON . \ AVENUE I 1Rd 6 wLPOI 11. PFD. u 9 A R.Ci.C.3W.C.0. OF FN 5EDTIE W. 32. 7.45. R.1W. SEAL $ I/CDR SEC. 32 v 3 AND CAIRn ,,THIN. �n a x (014241 PARCEL 1 ED. 1' LP. TAMER V 1095'. 016N, N0 REF. ACCEPTED AS TE NE COIL NNW LOT 159 N0 11E CL PER FOAM INC NAA 101*89u i5 5.11'.L1y1. NO. REF. AC181EO AS C/L INFERSECCIGM AID DE NW COMER OF FM/ LOT 160 POI P193 20/10 Fa1, 4' LP. TAGGED 1N. MSUM�Y.p.. 4. 1C 660 pt PUB 2-42 8 R.CF.C.AWDD. MAP CF DEC. 32. T.4F., AMM. IAA. FOR THE N 4 1 ERR SEC. 32 MID C N000S02E (2643JIY) (2643.97' R3) (7644.01' 114) 0 *44 AL _... IAR=IO 860190E L1 500615E 2600' L2 N655311411 184. 0' LS N000916' moo' L4 MFSS0111 HOM IS N9733'0112 MOW w 110001136'E 31.32' V 1M009D0'E 0191' w L9 IEF3410T I1099690E 16100 IOSP L,0 1093410011 1w3E N 0007'53' E (2642.97) .11' RI t R2) (264327' R3) (2643210• M) RIMY PRI5287 PIM 9/58 • • • ORME 110 EL .EN WO r mar MUM merle nese LIME MIA MO. LI MAIM OAF I3 GRAPHIC SCALE 30 e0 110 240 SGIF: 1' . Er NOTE SEE SHEET 2 FOR SURVEYOR'S NOTES. DATA REFERENCE NOTES MID EASEMENT NOTE. Q INDICATES EASINESS FOR POININC PURPOSES DEDICATED HEREON. alJt• moan 518 8/251. IO.CO. 5 IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA TRACT NO. 30462-1 SEE SHEET 4 BEING A SUMMON CF A TORMAI iK WET 1111E OF ORS I1B IN OF TIE INNS OF THE SIN JW3NT, 1NN5 A591(31TNR AS swirl ON A ME TRIOMF RECORDED N BOOT 4 PACE 357 OF WPS. RECNNS OF SW 0E60 WWII. CVJORNA. ILCOFO 01 9<41EN 32. T.45. RAW_ SBY K & A ENOSNEERIP3. INC. JANUARY, 2004 SEE SHEET 5 51 I 52 I 52 I 64 I S I 88 I 6T I 61 I fig 43 J I L It [xIAQT NEAOOW 11R5 E (I�} a45W1—im - uer Wl! 'E' VI l �(e y� A 11Wsr e I e0e01'YE 'DIET ' 3I' 1 INeFYi IDS' 4 ' I�NY[ vq�S� rr- J ,dam .,L�`-� 'ty. J1 K e r'e �l t elv SF. 6 S7 �. d G eln15T. F' else V. R � F ens u. 73N V. ss 5-IIOeS9E IwW y9� sy :numOlw I1W0.~7'. P iW] CC1.5 ISA' yq''��,, b9 GJ§�r1. Lj 1WIm L-�t G em SF. 39 4 �: _ sees S<. (�R TlM SF. [/O.1 Krl2R 1 jil �,.JAOI' JIOAT'DS 100Y 1`1memest 10X teelS'gIOPII'Oi'iTRWWORMS 1135i g([?� '�' $q11s J ~ y� 1/, U u . P 2Y i —y 1''� 7 Tm ss. d T.1 ela zc. 4 I' eon ss. ow sr. la• ' Sl 6 b>omer LMEmy _ Teas >r. ¢ ]i P o-smr D'_� ImISIE �— W rek '' = X ! WIRE , t¢ I.alr 1 °r..,x tr.,`.--7�-- ; = t lmlr oir ow �j! ' Y-$ o-lleelir1 NU,. Nle1''+ �111) 4„ Moor lr �P "' New MOI �. A.•` \.. .. �i. 1n11Li dravo WEEIEm 35 151, OM SE 44 d •Y MI SF. ik Y A1._ 9SI• 1171E 010111071 08• P� P IDeOPYt ASS' P NSSIFi lair Nmer_E slur 6 1 q Tat 1 M SHEET 3 OF 5 SHEETS q C' LOT 159 612 8/357, SA.CO. PM782A F59127/18 PAACa1 June 17, 2004 TO: FROM: Bernie Simon, Finance Director SUBJECT: Resolution Authorizing Escrow Agreements for Security Deposits in Lieu of Retention and Establishment of Fees AGENDA ITEM 6• to The Honorable Mayor and Members of the City Council RECOMMENDATION: By Council motion, adopt resolution to: 1) Authorize City Manager or Finance Director to execute Escrow Agreement for Security Deposits in Lieu of Retention agreements pursuant to Public Contract Code 22300. 2) Authorize establishment of an annual administration fee for all new escrow agreements for security in lieu of retention. BACKGROUND: In accordance with Public Contract Code 22300, a contractor awarded a public bid may deposit money or securities in lieu of the City withholding retention or may request that all withheld retention be placed in an escrow account in the name of the public entity for the benefit of contractor. The contractor is responsible for any costs under the code. Staff is requesting specific authorization to open any bank accounts as agreed in any such escrow agreement as requested under Public Contracting Code 22300 and invested in any and all securities, as allowed under PCC § 22300 (c). Staff is also requesting that Council establish a $500 fee per escrow account, per year, for setting up and administering any contractor requested escrow accounts for security deposits in lieu of retention because of the time involved in setting up and then administering such accounts. Staff has calculated an annual fee to be charged the contractor for estimated time based on previous escrow agreements. A City Manager: Finance Director: �Q/� This fee would be in addition to any consultant, trustee or custodian costs needed, if any. JUSTIFICATION: City must provide an escrow account in a public contract for retention when requested by the contractor. City should establish an annual fee to recover costs incurred by additional staff time and other costs to administer such an escrow account. BUDGETARY IMPACT: Budgetary impact is minimal. City will now recover costs for staff time not currently charged to the contractor. ATTACHMENTS: Resolution No. Exhibit A — Estimated Annual Costs to Administer Escrow Agreements for Security Deposits in Lieu of Retention r -7S.vN JAcIN10 MEMORANDUM TO: FROM: Bernie Simon? Finance Director DATE: June 9, 2004 SUBJECT: Agenda Item 5.10 The Honorable Mayor and City Council Members This memo is to bring to your attention that the resolution for agenda item 5.10 authorizing establishment of escrow agreements for security deposits in lieu of retention and establishment of fees, will be revised. The revised resolution will be sent to you in a separate package prior 7:00 p.m. June 14, 2004. Bernie Simon Finance Director STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) and RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING ESTABLISHMENT OF ESCROW AGREEMENTS FOR SECURITY DEPOSITS IN LIEU OF RETENTION AND ESTABLISHMENT OF FEES WHEREAS, the City of San Jacinto, from time to time, awards public contracts; WHEREAS, the City of San Jacinto withholds a portion of the contractor invoice in a public contract or retention as security for contractor performance; and WHEREAS, Section 22300 (a) of the Public Contract Code allows that the contractor may substitute securities in lieu of the city withholding contract retention; and WHEREAS, Section 22300 (b) of the Public Contract Code allows that the contractor may request any retention money withheld by a public agency be placed in an escrow account for the benefit of the contractor and may be invested for the benefit of the contractor; and WHEREAS, Section 22300 of the Public Contract Code allows that the contractor bear the cost of administering an escrow account and any other costs involved with any investments, substitutions of investments, trustee costs and therefore; THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE AS FOLLOWS: Section 1. Authorizes the City Manager or Finance Director to execute all escrow agreements for security deposits in lieu of retention under Public Contract Code 22300, and open any bank or investment accounts as agreed to under such an agreement, if requested by the contractor. All securities deposited with the City as moneys withheld by a public agency to ensure performance under a contract shall have a present value not less than the retention amount. Establishment of an annual fee of $500, and additional hourly costs, if any, as determined under Exhibit A. Contractor shall pay the annual fee in advance and prior to execution of the escrow agreement and then pay another annual fee in twelve months or until completion of the contract. Any additional costs of administering the escrow account will be paid monthly by the contractor. Section 2. Section 3. Section 4. Page 1 Section 5. Contractor shall pay the annual fee in advance plus any estimated trustee or custodian costs and prior to execution of the escrow agreement and then pay another annual fee in twelve months or until completion of the contract, if securities are to be deposited in lieu of withholding retention. Any additional costs of administering the escrow account will be paid monthly by the contractor. APPROVED, PASSED and ADOPTED at a regular meeting of the City Council on the 17th day of June, 2004 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: City Attorney Best Best & Krieger LLP City of San Jacinto By Jim Ayres, Mayor Page 2 Exhibit "A" City of San Jacinto Estimated Annual Costs to Administer"Escrow Agreement for Security Deposits in Lieu of Retention Personnel Finance Director Accountant Account Clerk II Time Time Description Monthly Annual Cost Review Contract and execute, approve disbursement 2 $ 162.57 Setup project, review invoices, and approve disbursement amounts, track Retention payments and process final retention 0.5 6 $ 304.57 Process approved invoices and process additional 0.16 1.92 $ 60.66 check to bank and mail out - (two checks monthly) (majority of time for set-up and processing) Estimated Total Annual Cost $ 527.80 Finance Director $ Accountant Account Clerk II Benefits PERS-EE PERS-ER Med/Dent/Disab. Total Burdened Hourly Rate for Finance Staff As of June 5, 2004 Current Hourly Rate Employer Admin Benefits Costs O/H % 40.86 31.61% 3.32% 64.00% 25.52 31.61% 3.32% 64.00% 15.88 31.61% 3.32% 64.00% To 7.00% 9.35% 15.26% 31.61% Employer Costs Med/Fica Workers Comp Unemployment Total Total Burdened Benefits Hourly & O/H Rate 98.93% $ 81.28 98.93% $ 50.76 98.93% $ 31.60 % 1.45% 1.31% 0.56% 3.32% Page 1 AGENDA ITEM &7. ! I June 17, 2004 TO: The HonorablMayor and Members of the City Council FROM: Bernie Simon, Finance Director SUBJECT: Accept Engineer's Report and Declare the Intention to Levy and Collect Assessments within Landscaping, Lighting and Park District No. 1 and Give Notice of and Set the Time and Place of the Public Hearing on the Levy of the Proposed Assessment RECOMMENDATION: By motion, accept the Engineer's Report and Adopt Resolution No. _ declaring the City's Intention to Levy and Collect Assessments within Landscaping, Lighting and Park District No. 1 for Fiscal Year 2004-2005 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment. BACKGROUND: The Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code, requires that the City annually adopt an engineering report substantiating the need for the levy and assessment, set a public hearing date to accept any public testimony and set the assessments for next fiscal year. The amount of the levy on each parcel will remain the same as it was for fiscal year 2002-2003. Articles XIIIC and XIID of the California Constitution require a vote of the residents of the district in order to increase the assessments. It is anticipated that the cost of the district will exceed the costs recovered from the levy of assessments. The estimated fiscal year 2004-2005 cost includes a subsidy of approximately $250,000 from the General Fund in order to continue the current level of service to the district. Funding of any subsidy would be subject to availability of funds. JUSTIFICATION: The adoption of this resolution is required in the annual legal procedure to continue the assessment of properties in LLPD#1 (LL Park District #1). Approop City Manager: , (% Finance Director: / Page 1 of 2 BUDGETARY IMPACT: There is no impact by this action. This action accepts the Engineer's report and sets the City Council meeting of July 15, 2004, as the date of the public hearing to set the assessments. ATTACHMENTS: Resolution No. Engineer's Report for Fiscal Year 2004-2005 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, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 FOR FISCAL YEAR 2004-2005 AND GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE HEARING ON THE LEVY OF THE PROPOSED ASSESSMENT WHEREAS, on June 16, 1992 the City Council of the City of San Jacinto, ("City") adopted Landscaping, Lighting and Park District No. 1 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (the "Act"), for the maintenance and servicing of street lights, landscaping, parkways and median islands; and WHEREAS, in November 1996 the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and WHEREAS, Article XIIID of the Califomia Constitution requires that assessments comply with stated procedural and approval provision by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Article which exemptions include the following: "(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control." "(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;" and WHEREAS, the District assessments proposed for the 2004-2005 Fiscal Year are exempt from Proposition 218 because the assessments either general revenue for the operation and maintenance of street and highways, all expenditures there under qualifying as street maintenance as defined by the State of Califomia or they were approved by petition of the property owners when the assessments were originally imposed; and Page 1 of 3 WHEREAS, the Act also requires that the City comply with certain procedural and approval procedures before levying its annual assessments under an existing assessment district; and WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2003-2004 for the District; and WHEREAS, by said Resolution the City Council ordered John Friedrich, RCE, the person designated by this Council as the Engineer of Work for the District to file a report with the City Clerk in accordance with the Act; and WHEREAS, Mr. Friedrich has filed such report with the City Clerk, and such report has been presented to and was considered by the City Council. NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, Califomia as follows: Section 1. The City Council hereby declares that it is its intention to levy and collect assessments for the District during the Fiscal Year 2003-2004 pursuant to the Act. The area to be assessed is located in the City of San Jacinto, Riverside County, California. The boundaries of the District are described in Exhibit A attached hereto. Section 2. The purpose of the District is for maintenance and servicing of landscaping, irrigation, parkways, medians and street lighting. Section 3. The report filed by Mr. Friedrich which is on file with the City Clerk and which has been considered by the City Council at the meeting at which this Resolution has been adopted, is hereby accepted. All interested persons are referred to that report for a full and detailed description of the work, the boundaries of the proposed assessment district, and the proposed assessments upon assessable Tots and parcels of land with the District. Section 4. The Fiscal Year 2004-2005 assessments in each benefit zone within Landscaping, Lighting and Park District No. 1 are the same as the Fiscal Year 2003-2004 assessments. Section 5. On Thursday, July 15, 2004, at the hour of 7:00 p.m. or as soon thereafter, during the course of its regularly scheduled meeting, the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the San Jacinto Unified School District Board Room as 2045 South San Jacinto Avenue, San Jacinto, California. Section 6. The City Clerk shall give notice of the time and place of said hearing by publishing a copy of this Resolution once in the Hemet News not less Page 2 of 3 than 10 days before the date of the hearing. Section 7. This Resolution is adopted pursuant to Section 22622 of the Streets and Highways Code. APPROVED AND ADOPTED this 17th day of June, 2004, by the following vote: Ayes: Nays: Absent: Abstain: Attest: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: Best, Best, and Krieger, LLP City Attorney City of San Jacinto by Jim Ayres, Mayor Page 3 of 3 ENGINEER'S REPORT Annual Update LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 Fiscal Year 2004-2005 CITY OF SAN JACINTO June 17, 2004 TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 3 IMPROVEMENTS 4 Landscaping, Parks and Street Trees 4 Street Lights and Traffic Signals 5 MAINTENANCE ESTIMATE 6 METHOD OF APPORTIONMENT 7 Zones 9 Landscape Zone - Zone A 9 Street Lighting Zone - Zone B 9 Park Zone - Zone D 10 Citywide Street Tree Zone - Zone E 10 ASSESSMENT FORMULA 11 Table - Assessment Formula Using Assessment Unit (AU) Method 13 Examples 16 ASSESSMENT ROLL APPENDIX - EXHIBITS EXHIBIT "A" - Boundary Map with Landscaping, Street Light and Park Zones EXHIBIT "B" - List of Parcels That Will Receive Park Assessments Due to One Hundred Percent (100%) Petition at the Time They Were Developed EXHIBIT "C" - Assessment Roll (Under Separate Cover) 19 Engineer's Report — LLPD No. 1 — FY 2004-2005 2 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 2004-2005 Fiscal Year for the district known as: LANDSCAPING, LIGHTING, AND PARK DISTRICT NO. 1 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 (including the maintenance of appurtenant horizontal and vertical surfaces); the installation, maintenance and servicing of landscaped areas (parkways, medians, etc.); the installation, operation, maintenance and servicing of municipal parks; and the installation and maintenance of street trees on a citywide basis; all of which are located on public land, in public rights -of -way, or in landscaping easement in the City of San Jacinto. In November of 1996, the voters of California passed Proposition 218 which added Articles XIIIC and XIlID to the California Constitution. These new Constitutional provisions affect the procedural and approval requirements for the levy of assessments. Among other things, the new requirements provide that assessed parcels of real property must receive a special benefit from assessments. Assessments are also subject to new majority protest requirements. These new requirements apply, unless an assessment district meets certain exemptions set forth in Proposition 218. The following assessments are exempt from the procedures and approval process of Article XIIED of the California Constitution; A. Any assessment imposed exclusively to finance the capital costs or maintenance and/or operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control; or B. Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Zone A (A-1, A-2 and A-3), Zone B and Zone E of the City of San Jacinto Landscaping, Lighting and Park District No. 1 qualify as an existing assessment exempt under exemption "A" described above. This conclusion has been reached using the definitions provided by the Office of the Controller for the State of California and the Guidelines Relating Gas Tax Expenditures published by the division of local government affairs. Under this definition, street improvements include, but are not limited to, such things as street lighting and parkway and median landscaping. Engineer's Report — LLPD No. 1 — FY 2004-2005 Zone D park maintenance assessments within City of San Jacinto Landscaping, Lighting and Park District No. 1 also qualify as an existing assessment exempt under exemption "B" described above in that the assessment district was originally formed and the assessment imposed pursuant to the district was consented to by all of the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed. The language of Articles XBIC and XIIID will undoubtedly be subject to future legislation and court decisions in order to clarify the specific intent of these new Constitutional provisions. At the time that this report was prepared no such legislation or judicial guidance existed with regard to determining how the property owner consent exemption would apply. However, the drafter of these provisions, the Howard Jarvis Taxpayers Association, has stated that it intended to exempt from the procedural and approval requirements those assessments being re -levied on an annual basis under an existing assessment district so long as the assessments are not increased. The proposed assessments for the 2004-2005 Fiscal Year for Landscaping, Lighting and Park District No. 1 fall within this exemption because they are merely the annual levy for assessments previously consented to by property owners. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [ofthe Streets and Highways Code, State of California]." The 1972 Act also provides for the classification of various areas within an assessment district into different zones where, "by reason of variations in the nature, location and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements." An assessment district may consist of contiguous or noncontiguous areas. Although Proposition 218 mandates that parcels owned by public agencies be assessed ifthey receive special benefit from the improvements being serviced and maintained by the assessments; under the exemptions stated above, properties owned by public agencies, such as city, county, state, federal government, or board -governed special districts, are not assessed. Engineer's Report — LLPD No. 1 — FY 20042005 2 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of San Jacinto and is shown on the Boundary Map (on file in the office of the City Clerk at the City Hall of San Jacinto as Exhibit "A"). Exhibit "A" serves as the assessment diagram for the District and is hereby made a part of this report by reference. All parcels of real property included within the District are described in detail on maps on file in the Riverside County Assessor's office. A copy of Exhibit "A" is included in the Appendix to this report. Lots and parcels within Landscaping, Lighting and Park District No. 2, a Proposition 218 assessment district formed in April, 2002 and subsequent annexations thereto, are excluded from Landscaping, Lighting and Park District No. 1. Engineer's Report — LLPD No. 1 — FY 2004-2005 IlVIPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: LANDSCAPING, PARKS AND STREET TREES A map showing the location of all landscaping subzones and park maintenance areas within the District, is on file at City Hall with the City Clerk of the City of San Jacinto and is made a part of this report by reference (on file in the office of the City Clerk at the City Hall of San Jacinto as Exhibit Servicing means the furnishing of: Water for the irrigation of any landscape, park improvement or street trees, the operation of any fountains, or the maintenance of any other appurtenant improvements. 2. Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvement. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Installation, repair, removal or replacement of all or any part of any landscape, park improvement or street trees, including turf, shrub and tree plantings, statuary, fountains, other ornamental structures, lights, electrical systems, playground equipment, playcourts, paving, curbs, gutters, sidewalks, and public restrooms. Removal of graffiti by washing, painting, grinding, sanding or other usual means. 3. Providing for the life, growth, health and beauty of landscaping and street trees, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 4. The removal of trimmings, rubbish, debris and other solid waste. 5. Land preparation which may be necessary for installation, repair or replacement of landscape, park improvements or street trees, including grading, leveling, cutting and filling, sod, irrigation systems, sidewalks and drainage. Engineer's Report— LLPD No. 1 — FY 2004-2005 4 STREET LIGHTS AND TRAFFIC SIGNALS A map showing the location of all street lights within the District, is on file at City Hall with the City Clerk of the City of San Jacinto and is made a part of this report by reference (on file in the office of the City Clerk at the City Hall of San Jacinto as Exhibit "A"). Servicing means the furnishing of electric current or energy, gas or other illuminating agent for public street lighting and traffic signal facilities. Maintenance means the furnishing of services and materials for the ordinary and usual installation, maintenance, operation and servicing of any improvement, including repair, removal, or replacement of all or any part of a component of the street lighting system, traffic signal system, or appurtenant horizontal or vertical surfaces (including graffiti removal). Engineer's Report — LLPD No. 1 — FY 2004-2005 5 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT No. 1 MAINTENANCE ESTIMATE 2004-2005 FISCAL YEAR BENEFIT ZONES Landscaping Ligzhting Parks Street Trees Cost Item Cost Items A-1 A-2 A-3 B C D E Totals City-wide Soboba Springs Rancho San Jacinto Lights No Lights City -Wide Personnel Services 1 $56,983 $10,355 $10,103 $24,007 - $20,355 - $121,803 Maintenance & Operations Supplies & Materials 2 - -- -- 5,960 -- -- -- $5,960 Professional & Specialized Services 3 20,264 2,624 8,156 18,622 -- 107,125 -- $156,791 Repair & Maintenance 4 48,988 1,361 7,847 48,475 -- 14,742 -- $121,413 Contracts, Leases & Rents 5 51,548 16,503 35,504 52,858 -- - -- $156,414 Utilities 6 83,420 11,407 101,411 114,679 -- 25,092 -- $336,008 Insurance & Bonds -- -- -- -- -- - $0 Capital Outlays - -- -- -- Interfund Payable to Water Fund 7 $0 Interfund Transfer (General Fund) 7 -- (4,077) (87,060) (24,006) -- (120,889) -- ($236,032) TOTALS $261,205 $38,173 $75,960 $240,594 $0 $46,424 $0 Amount per AU $34.76 $229.96 $77.00 $25.89 $0 $14.67 $0 TOTAL AMOUNT TO ASSESSMENT $662,356 Notes: 1. Personnel Services include salaries and fringe benefits. 2. Supplies and Materials include office supplies, uniforms and safety equipment, small tools, etc. 3. Professional and Specialized Services include assessment engineering, legal counsel, City administration and County Auditor fees. 4. Repair and Maintenance includes building and vehicle R&M, parts and supplies for landscaping, irrigation and mowing, and street light R&M. 5. Contracts, Leases and Rents include weekend restroom maintenance, landscape maintenance contracts, traffic signal maintenance provided by Riverside County/CALTRANS, and vertical surface maintenance (graffiti abatement). 6. Utilities include water, electricity, and street light maintenance provided by SCE and City of San Jacinto. 7. Subject to available funds. 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 amount among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping, lighting and park facilities within such District. The maintenance and servicing of public landscaping, lighting, park facilities and street trees installed and constructed in public places in the City of San Jacinto provides a special benefit which is received by each and every lot or parcel within the specified zones of benefit in the District. Landscaping and street trees within the District enhance the aesthetic appeal of parcels within the landscaping and street tree zones. Such landscaping improves erosion resistance and dust control. The streets within the District improve access to all lots or parcels assessed. Street lights improve ingress and egress, from such lots or parcels by illuminating access after sunset. Such street lights, by so improving ingress and egress, improve the security of such lots or parcels by improving the nighttime visibility of such lots or parcels and improve the access of emergency vehicles thereto and in the case of commercial lots or parcels, facilitate the opening and operation of business uses after sunset. The primary benefits of landscaping and street trees are as set forth below: 1. Improved aesthetic appeal of nearby parcels. 2. Green space within the urban environment. 3. Enhances wind breaks. 4. Improved erosion resistance. 5. Improved dust control. 6. Tends to instill a sense of pride within the neighborhood. 7. The enhancement of the value of property which results from the foregoing benefits. The primary benefits of municipal parks are as set forth below: 1. Designated sites where children may gather to play without danger from traffic. 2. Designated sites where adult, youth and family activities can take place (i.e., picnics, baseball and softball leagues, soccer leagues, other athletic activities, art festivals, animal shows and training, etc.) 3. Green space and open space within the urban environment. 4. Availability of public restrooms. Engineer's Report — LLPD No. 1 — FY 20042005 7 5. The enhancement of the value of property which results from the foregoing benefits. The primary benefits of street lighting are for the convenience, safety, security and protection of property, property improvements and goods as set forth below: 1. Improvement to traffic circulation and reduction in nighttime accidents and attendant human misery and decrease in personal property loss. 2. The deterrence of crime and aid to police protection. 3. Promotion of business during nighttime hours. 4. Increased nighttime safety on roads and highways. 5. The improved ability of pedestrians and motorists to see, which helps people safely find their way. 6. Improved ingress and egress to lots and parcels. 7. Reduction in vandalism and other criminal acts, and reduced damage to improvements. 8. The enhancement to the value of property which results from the foregoing benefits. Engineers Report — LLPD No. 1 — FY 2004-2005 8 ZONES The 1972 Act provides for areas within a district to be classified into different zones of benefit. The City of San Jacinto Landscaping, Lighting and Park District No. 1 is divided into separate zones and sub -zones for financing landscaping, lighting and park improvements. The various zones and sub - zones are delineated on the Boundary Map (on file in the office of the City Clerk at the City Hall of San Jacinto as Exhibit "A"). 1. LANDSCAPE ZONE - ZONE A For the 2004-2005 fiscal year, the Zone A landscaping zone is divided into three (3) benefit sub - zones. These sub -zones are labeled Exhibits A-1, A-2 and A-3 and are comprised of the areas described below: Total Number of Landscape Zone Description Parcels in Subzone Subzone A-1 - All parcels in the fully inhabited areas of San Jacinto approximately bounded by the San Jacinto River, the southerly City Limit, the northerly prolongation of Pine Avenue, De Anza Drive, the San Diego Aqueduct, and the northerly City Limit to the San Jacinto River; with the exception of Subzones A-2 and A-3. 6,892 Subzone A-2 - All parcels in the Soboba Springs (Village IV) Tract. 174 Subzone A-3 - All parcels in the Rancho San Jacinto area. 1,050 2. STREET LIGHTING ZONE - ZONE B For the 2004-2005 fiscal year, the street lighting zone is divided into two (2) benefit zones. These zones are labeled Zone B (lighted areas) and Zone C (non -lit outlying areas). The number of parcels within each zone is given below: Street Lighting Zone Description Zone B: Those parcels within the boundary of LLPD No. 1 that have street lights installed within close proximity or that are surrounded by areas that have street lights. Zone C: Those parcels within the boundary of LLPD No. 1 that have no street lights within a reasonable distance. These parcels are primarily in outlying areas with little or no population. Total Number of Parcels in Zone 7,806 745 Engineer's Report — LLPD No. 1 — FY 20042005 9 3. PARK ZONE - ZONE D For the 2004-2005 fiscal year, the park zone is comprised of a single citywide benefit zone designated as Zone D. The number of parcels within Zone D is given below: Zone D - Park Zone Description All parcels within the District that are included in existing residential uses (including apartments, condominiums, PUD's, mobilehome parks, recreational vehicle parks, etc.); commercial/industrial uses; and churches/fraternal organizations; and are included in petitions signed when they were developed. No vacant parcels are included. 4. CITYWIDE STREET TREE ZONE - ZONE E Total Number of Parcels in Zone 3,164 For the 2004-2005 fiscal year, the citywide street tree zone is divided into two (2) benefit zones. These zones are labeled Zone E (populated areas) and Zone C (vacant or lightly populated outlying areas). Zone E and Zone B cover identical areas. Similarly, Zone C covers both non -lit areas as well as lightly populated areas. The number of parcels within each zone is given below: Street Tree Zone Description Zone E - Zone C - Those parcels within the boundary of LLPD No. 1 that will participate in the planned street tree instal- lation and maintenance program in populated areas. Those parcels within the boundary of LLPD No. 1 that are vacant or in lightly populated areas. These parcels are primarily in outlying areas. Total Number of Parcels in Zone 7,806 745 Engineer's Report — LLPD No. 1 — FY 2004-2005 10 ASSESSMENT FORMULA The formula used to calculate the amount spread to all parcels within the District for landscaping, street lighting, parks and street trees starts with the basic assessment unit (AU). The basic assessment unit is given a value of one (1) for a single- family residential parcel. From this base, the remaining parcels are related according to their equivalent benefit within each benefit zone or sub -zone. Zone A parcels are assessed for street landscaping separately in three (3) sub -zones. Zone B parcels are assessed for street lighting and Zone C parcels are not. Zone D residential and commercial/industrial parcels containing dwelling units or business establishments are assessed for municipal parks. Zone E parcels are assessed for the installation and maintenance of street trees and Zone C parcels are not. Vacant parcels (agricultural, residential or commercial/industrial) are assigned 0.5 AU for landscaping, street lighting and street trees because they have a partial benefit due to the overall enhancement of the area and to the increase in property value from the installation and/or maintenance and servicing of said public improvements. Vacant parcels are not assessed for park maintenance. Commercialindustrial and public utility parcels are assigned 3.0 AU per acre (1.0 AU minimum, 10.0 AU maximum) for landscaping, street lighting, parks and street trees based upon the fact that one acre of commercial/industrial property is the equivalent of three single family residences. Small residences (less than 1,000 square feet and/or less than 50 feet of frontage) (Land Use Code "RS") are assessed at a rate of 0.7 AU for landscaping and 1.0 AU for all other improvements because they are have the small frontage relative to landscaping but have the same benefit from street lights, park maintenance and street trees as other single-family residences. Condominiums and PUD's are assigned 0.9 AU for each type of maintenance because, although these units have most of the characteristics of a single family residence, they generally are somewhat smaller and have common areas and homeowner associations. Apartments and common unit condominiums are assigned 0.6 AU per apartment unit for landscape maintenance and 0.8 AU for each of the other types of indicated public improvement because apartment units are typically smaller than a single family residence. Mobilehomes are assigned 0.5 AU per mobilehome unit for landscaping and 0.7 AU for street lighting, parks and street trees because these units are generally smaller than single family residences or condominiums and are usually occupied by senior citizens who tend to benefit less from most of the indicated public facilities. Recreational vehicle (RV) parks (own or rental) are assessed at a rate of 0.3 AU for landscape maintenance and 0.7 AU for street lighting, and park and street tree maintenance for the same reasons cited for mobilehome parks, except that RV parks often have high vacancies, especially during the summer months. Railroad parcels are assessed 0.5 AU per acre (1.0 AU minimum, 5.0 AU maximum) for street lighting only because street lighting causes a reduction in vandalism on railroad property and increases safety at railroad crossings, but receive less benefit than does single a family residence because of the reduced activity on railroad tracks. Churches and fraternal organizations are assigned 0.5 AU per acre (1.0 AU minimum, 4.0 AU maximum) for each type of indicated public improvement because these parcels obtain benefit from each type of improvement, but at a reduced rate due to the periodic use of the property. Engineer's Report — LLPD No. 1 — FY 2004-2005 Assessments by zone, if applicable, are additive. As the land use on any specific parcel changes from one fiscal year to the next, the assessment formula shall also change to reflect the change in land use. Engineer's Report — LLPD No. 1 — FY 2004-2005 12 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD Land Use Code Land Use Zone A Landscaping Assessment Formula Zone B Lighting Assessment Formula Zone D Park Assessment Formula Zone E Street Tree Assessment Formula AA Agricultural - Avocado Grove 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AC Agricultural - Citrus Grove 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AI) Agricultural - Dairy 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AI Agricultural - Irrigated Farm 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AL Agricultural - Livestock 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AN Agricultural - Non -Irrigated 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AO Agricultural - Other Crops 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AP Agricultural - Poultry 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AR Agricultural - Residential 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit AS Agricultural w/Structures 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AV Agricultural - Vineyard 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel AY Agricultural - Vacant 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel Al Agricultural - Other 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel CA Apartments 0.6 AU per Parcel 0.8 AU per Parcel 0.8 AU per Parcel 0.8 AU per Parcel CF Churches, Fraternal 0.5 AU per Acre (1.0 AU min, 4.0 AU max) 0.5 AU per Acre (1.0 AU min, 4.0 AU max) 0.5 AU per Acre (1.0 AU min, 4.0 AU max) 0.5 AU per Acre (1.0 AU min, 4.0 AU max) CL Commercial/Industrial 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) CR Commercial w/Residences 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit CY Commercial Vacant 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel CI Commercial/Industrial 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) EP Exempt Public Property Exempt Exempt Exempt Exempt HO Homeowner's Association Open Space Exempt Exempt Exempt Exempt MF Mobilehome Legal Foundation 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel Engineer's Report - LLPD No. 1 - Fy 2004-2005 13 ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD (Continued) Land Use Code Land Use Zone A Landscaping Assessment Formula Zone B Lighting Assessment Formula Zone D Park Assessment Formula Zone E Street Tree Assessment Formula MI Mobilehome - Leased Lot 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel MO Mobilehome - Assessed 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel MP Mobilehome Rental -Lease o 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel MR Mobilehome Lot Only 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel MT Mobilehome - Transient Use 0.3 AU per MH Parcel 0.5 AU per MH Parcel 0.5 AU per MH Parcel 0.5 AU per MH Parcel MO Mobilehome - Assessed 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel Ml Mobilehome - Assessed 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel PA Ag Preserve - Avocado Grove 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PC Ag Preserve - Citrus Grove 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PD Ag Preserve - Dairy 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PI Ag Preserve - Irrigated Farm 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PL Ag Preserve - Livestock 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PN Ag Preserve - Non -Irrigated 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PO Ag Preserve - Other Crops 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PP Ag Preserve - Poultry 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PR Ag Preserve - Residential 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit PS Ag Preserve - w/Structures 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PV Ag Preserve - Vineyard 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PY Ag Preserve - Vacant 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel P 1 Ag Preserve - Other Crops 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel PX Ag Preserve 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel R- Residential 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit RA Residential - Agriculture 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit RC Residential - Condo/PUD 0.9 AU per Residential Unit 0.9 AU per Residential Unit 0.9 AU per Residential Unit 0.9 AU per Residential Unit RD Residential - Common Unit 0.6 AU per Residential Unit 0.8 AU per Residential Unit 0.8 AU per Residential Unit 0.8 AU per Residential Unit RM Mobilehome Lot Only 0.7 AU per Residential Unit 0.7 AU per Residential Unit 0.7 AU per Residential Unit 0.7 AU per Residential Unit RI Residential - Single Family 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit R2 Residential - Duplex/Triplex 0.8 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit Engineers Report - LLPD No. 1 - Fy 2004-2005 14 ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD (Continued) Land Use Code Land Use Zone A Landscaping Assessment Formula Zone B Lighting Assessment Formula Zone D Park Assessment Formula Zone E Street Tree Assessment Formula RS Residential - Small 0.7 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit RR Railroad Parcels 0.0 AU per Parcel 0.5 AU per Acre (1.0 AU min, 5.0 AU max) 0.0 AU per Parcel 0.0 AU per Parcel RV Recreational Vehicle Lot 0.3 AU per RV Parcel 0.5 AU per RV Parcel 0.5 AU per RV Parcel 0.5 AU per RV Parcel UP Public Utility 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 0.0 AU per Parcel 3.0 AU per Acre 1 0 AU min, 10.0 AU max) YD Vacant - Desert 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel YM Vacant - Mountainous 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel YP Vacant - Probable Residential 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel YR Vacant - Residential 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel YS Vacant Land - Miscellaneous 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel YY Vacant Remainder 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 0.5 AU per Parcel Notes: 1. Zone C is not assessed. 2. Public Utilities include gas, electricity, utilities are "for profit" enterprises. 3. The Fratemal Organization category 4. Public property includes that property and other special districts. telephone, cable TV, etc. Public utility parcels are assessed in the same manner as commercial property because public includes such organizations as the Elks Lodge, Moose Lodge, IOOF, Order of Eagles, Mason's, Women's Clubs, etc. that is exempt from assessment including property owned by the City, County, State, Federal Government, water district Engineer's Report - LLPD No. 1 - Fy 2004-2005 15 EXAMPLES (Street Lighting): The number of assessment units (AU) generated within the District for street lighting is 9,292.71. The dollars generated per AU in Zone B are: $240,593.68 - 9,292.71 AU= $25.89 /AU. A commercial establishment on a 0.75-acre parcel. From the Assessment Unit Chart, commercial property is assessed at a rate of three (3) AU per acre. 0.75 acre x 3 AU/acre = 2.25 AU The FY 2004-2005 assessment for this commercial parcel is: 2.25 AU x $25.89 / AU= $58.25. 2. A 22-dwelling unit apartment complex on one (1) parcel of land. From the Assessment Unit Chart, apartment buildings are assessed at a rate of 0.8 AU per apartment unit. The assessment for this apartment complex for FY 2004-2005 is: 22 units x 0.8 AU/unit x $25.89 /AU= $455.66. A 12-acre agricultural parcel without a residence. From the Assessment Unit Chart: 0.5 AU/Parcel The FY 2004-2005 assessment for this parcel is: 0.5AUx $25.89 /AU= $12.95. Engineer's Report — LLPD No. 1 — FY 20042005 16 EXAMPLES (Landscape Maintenance): 1. The number of assessment units (AU) generated within the District for landscape maintenance in Subzone A-1 is 7,514.55. The estimated cost to maintain landscaping in Zone A-1 during FY 2004-2005 is $261,204.63. The dollars assessed per AU in Zone A-1 are: $261,204.63 : 7,514.55 AU= $34.76. Therefore a single family residence in Subzone A-1 is assessed as follows: 1.0 AU/residence x $34.76 / AU= $34.76. 2. The number of assessment units (AU) generated in Subzone A-2 for landscape maintenance is 166.00. Per the Landscape Maintenance Estimate on Page 6, the estimated cost to maintain landscaping in Zone A-2 during FY 2004-2005 is $38,173.36. The dollars assessed perA Uin Subzone A-2 are: $38,173.36 _ 166.00 AU= $229.96. Therefore a single family residence in Subzone A-2 is assessed as follows: 1.0AU/residence x $229.96 /AU= $229.96. 3. A small residence (Land Use Code "RS") in Subzone A-1 would be assessed for landscape maintenance as follows: 0.7 AU/residence x $34.76 /AU= $24.33. Engineer's Report — LLPD No. 1 — FY 2004-2005 17 EXAMPLES (Park Maintenance): The number of assessment units (AU) generated within the District for park maintenance is 3,164.40. The dollars generated per AU in Zone D are: $46,423.66 : 3,164.40 AU = $14.67 / A U. 1. A single family residence. From the Assessment Unit Chart, a single family residence is assessed at a rate of one (1) AU per residence. The FY 2004-2005 assessment for this single family residence is: 1.0 AU x $14.67 /AU= $14.67 2. A commercial establishment on a 0.75-acre parcel. From the Assessment Unit Chart, commercial property is assessed at a rate of three (3) AU per acre. 0.75 acre x 3 AU/acre = 2.25 AU The FY 2004-2005 assessment for this commercial parcel is: 2.25AUx $14.67 /AU= $33.01. 3. A 22-dwelling unit apartment complex on one (1) parcel of land. From the Assessment Unit Chart, apartment buildings are assessed at a rate of 0.8 A U per apartment unit. 22 units x 0.8 AU/ unit = 17.6 AU The assessment for this apartment complex for FY 2004-2005 is: 17.6AUx $14.67/AU=$258.19. Engineer's Report — LLPD No. 1 — FY 2004-2005 18 ASSESSMENT ROLL The individual 2004-2005 assessments, tabulated by Assessor's parcel number, are shown on Exhibit "C", the Assessment Roll, on file in the Office of the City Clerk of the City of San Jacinto and are made a part of this report by reference. GFB-FRIEDRICH & ASSOC., INC. /S/ John A. Friedrich JOHN A. FRIEDRICH, P.E. ASSESSMENT ENGINEER Date: June 10, 2004 Engineers Report — LLPD No. 1 — FY 2004-2005 19 EXHIBIT "A" EXHIBIT "B" APPENDIX - Boundary Map with Landscaping, Street Light and Park Zones - List of Parcels That Will Receive Park Assessments Due to One Hundred Percent (100%) Petition at the Time They Were Developed. EXHIBIT "C" - Assessment Roll (Under Separate Cover) Engineer's Report— LLPD No. 1 — FY 2004-2005 CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 EXEIIBIT "B" LIST OF PARCELS THAT WILL RECEIVE PARK ASSESSMENTS DUE TO ONE HUNDRED PERCENT (100%) PETITION AT THE TIME THEY WERE DEVELOPED. COMMON ASSESSOR'S PARCEL NUMBERS TRACT NO. DESCRIPTION Book Page Parcel(s) 24907 Mt. Valier 547 19 All 20 All 21 All 27335 Richard Beck 431 410 001 thru 015 26729 Adjacent to Montage 433 401 019 thru 023 26020 Montage 433 40 All 25307 Horizons of San Jacinto 431 301 038 thru 076 25099 Castle Court 437 120 048 thru 058 24745 Forecast Development 434 370 009 thru 021 371 010 thru 039 24738 New Beginnings 431 36 All 37 All 24713 Annandale Park 434 43 All 24594 Jack in the Box / Chevron 434 080 030 & 035 24330 Las Brisas / Corsica 433 38 All 39 All 24190 Windsor Place 437 39 All 24140 Hermosa Homes / FN Development 431 31 All 32 All 33 All 34 All Engineer's Report — LLPD No. 1 — FY 2004-2005 B-1 COMMON ASSESSOR'S PARCEL NUMBERS TRACT NO. DESCRIPTION Book Page Parcel(s) 24054 Peacock Financial 438 46 All 47 All 24048 Peacock Financial 438 41 All 24047-1 Peacock Financial 439 30 All 23793 Barrat American 438 40 All 23791 Summerhill 433 37 All 23790 Evans & Las Rosas 433 36 All 23789 Esplanade & Las Rosas 433 34 All 35 All 23436 S/O Commonwealth between 439 31 All Girard & Hewitt 32 All 22950 The Villas 434 40 All 46 All 22882 St. Michel 434 35 All 41 All 42 All 44 All 45 All 22667 Ann Arbor Homes 437 32 All 22665 Seventh & Pine 431 38 All 39 All 40 All 22347 B & L 435 29 All 24052 Treasures 438 44 All 23300 Industrial Condos 435 212 001 thru 036 21900 Soboba Springs 433 32 All 33 All Engineer's Report— LLPD No. 1 — FY 2004-2005 B-2 COMMON ASSESSOR'S PARCEL NUMBERS TRACT NO. DESCRIPTION Book Page Parcel(s) 21564 Park Hill Collection 438 34 All 35 All 36 All 37 All 38 All 42 All CUP 1-88 Arco - AM/PM 434 070 032 18757 (unrec) Wayment (31 units) 437 251 039 18568 Forecast 433 24 All 25 All 31 All 18314 Heritage RV Park 433 28 All 29 All 30 All 16811 Park Hill Village 551 38 All Engineer's Report — LLPD No. 1 — FY 2004-2005 B-3 - — 02:11e" EXHIBIT "A BOUNDARY MAP INCLUDING LANDSCAPING, STREET LIGHT AND PARK ZONES LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 for Um CITY OF SAN JACINTO FISCAL VEA R 2004-2005 0 0 0 CO 01 • DCISSU HOT -Ipa TJA-11d9 TB0- IBC. (808) —a AGENDA ITEM e9. /a NOTICE AND CALL OF SPECIAL MEETING SPECIAL MEETING of the SAN JACINTO CITY COUNCIL June 30, 2004 NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of San Jacinto will be held on June 30, 2004 commencing at 7:00 p.m. at San Jacinto Unified School District Board Room, 2045 S San Jacinto Avenue , San Jacinto, California. Said special meeting shall be for the purpose of reviewing the Fiscal Year 2004-2005 Budget and its anticipated adoption. Dated: June 11, 2004 Dorothy L. Chouinard, City Clerk Approvals City Manager: L I _ Finance Director: AM- AGENDA ITEM 7.1 June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk KVI 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 06/01/2004 07:20 9094B78069 SAJt PAGE 01 Riverside County Library System facsimile transmittal Too()rc l-h\! Chct,;iinri.rol Date: ...\irtlr Jiflt �l'lllali�,11 i.ttl)v,:t)" From: i*Seiii Phone #: Oft LeS- ( (p Re:,ly ge_,pO CC: Pages, including cover sheet: ❑ Urgent 0 For Review 0 Please Comment 0 Please Reply NW Operated by LIBRARY SYSTEMS 8t SERVICES - 3392-A Durahart Street, Riverside, CA 92507 - (909) 369-3003 06/01/2004 07:20 9094878069 SAJE PAGE 02 San Jacinto Branch Library Submitted by Elise Kahn, Branch Manager May, 2004 May has been all a buzz with San Jacinto High School seniors completing their senior projects and getting ready for graduation. Myself, and Patrice Walker -Leach were able to participate in the judging panel for the senior projects. All seniors are to present their project before a panel of 4 judges. Judges consist of community members, and school staff. It was a great opportunity to see some of the completed projects that our staff has been witness to the process of their creations, San Jacinto library staff is slowly bringing the Old West alive for the start of Summer Reading 2004. We had local artists donate their time and talent and paint a beautiful mural on the childrens room windows. The rest of the decorating will begin next week to prepare for our partners to start signing up to Ride a Wild Tale on June 71h, We had 6 kids attend story time this month as we continue to bring more interest to our story time programming. The Friends of the San Jacinto Library had a meeting at the end of May and they approved $800 for our Summer Reading Program as well as the purchase of 1 receipt printer for our circulation desk. Both donations are greatly appreciated and will enhance the library immensely. The library also has two new databases for patrons and students to use. Thanks to the Literacy through School Libraries Grant that San Jacinto Unified School District received we were able to purchase 2 Gale Databases. Biography Resource and Student Resource Center databases are available for our students and patrons to access at the library or from borne. They have both been but to good use since they became available the second week of May. We continue to have an average daily attendance of 800 people visiting the library and continuous usage of the Internet stations throughout each day. We added 125 paperback books and 27 hardback books. RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:00 a.m. Wednesday, June 9, 2004 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if 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 BY CALTRANS 5. APPROVAL OF MINUTES — May 6, 2004 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 Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.) 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. Riverside County Transportation Commission Agenda June 9, 2004 Page 2 7A. RECURRING CONTRACTS FOR FISCAL YEAR 2004-2005 Overview This item is for the Commission to approve the Recurring Contracts for Fiscal Year 2004-2005. 7B. INTERFUND LOAN ACTIVITY REPORT Overview This item is for the Commission to receive and file the Interfund Loan Activity Report for the month ended April 30, 2004. 7C. TUMF — REGIONAL ARTERIAL PROGRAM CALL FOR PROJECT SEGMENT PRIORITIES Overview This item is for the Commission to approve a call for Western Riverside County Regional Arterial Program Project Segment Priorities using the included forms and schedule. 7D. SAN BERNARDINO ASSOCIATED GOVERNMENTS FISCAL YEAR 2004-2005 COMMUTER ASSISTANCE PROGRAM CONTRACT Overview This item is for the Commission to: 1) Approve Agreement No. 04-41-506 with the San Bernardino Associated Governments (SANBAG) as part of the Commission's continuing bi-county partnership with SANBAG to deliver commuter and employer rideshare services for FY 2004-05; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda June 9, 2004 Page 3 7E. FISCAL YEARS 2004-2005 THROUGH 2006-2007 SHORT RANGE TRANSIT PLANS Overview This item is for the Commission to review and approve, in concept, the FY 2004-05 through FY 2006-07 Short Range Transit Plans for the Cities of Banning, Beaumont, Corona, Riverside, Palo Verde Valley Transit Agency, Riverside Transit Agency, SunLine Transit Agency and RCTC's Regional Rail Program. 7F. MEASURE "A" SPECIALIZED TRANSIT PROGRAM FISCAL YEARS 2004-2005 AND 2005-2006 CALL FOR PROJECTS Overview This item is for the Commission to: 1) Approve the requests for Measure "A" Specialized Transit funds available in Western Riverside County for Beaumont Adult School (Agreement No. 04-26-507), Blindness Support (Agreement No. 04-26-508), Care -A -Van Transit (Agreement Not 04-26-509), City of Norco Parks, Recreation and Community Services (Agreement No. 04-26-512), Friends of Moreno Valley (Agreement No. 04-26-510), Inland AIDS Project (Agreement No. 04-26-51 1), Riverside County Office of Education (Agreement No. 04-26-513), and Volunteer Center (Agreement No. 04-26-514); 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the funding agreements on behalf of the Commission; 3) Authorize staff to work with Care Connexxus, City of Calimesa, City of Riverside and Partnership to Preserve Independent Living for Seniors and Persons with Disabilities (Partnership) to seek clarification on project requests; and, 4) Authorize an interim payment to Partnership, based on FY 2003-04's Funding Agreement No. 03-26-025, covering the months of July through September. Riverside County Transportation Commission Agenda June 9, 2004 Page 4 7G. FISCAL YEAR 2004-2005 MINIMUM FARE REVENUE RATIO Overview This item is for the Commission to: 1) Reaffirm the methodology used to calculate the required ratio; 2) Request Caltrans' concurrence with the methodology and ratio for FY 2004-05; 3) Approve the FY 2004-05 minimum fare revenue to operating expense ratio of 17.23% for SunLine Transit Agency; and, 4) Direct consideration of RTA's ratio at the June 9`h Commission meeting. 7H. PALO VERDE VALLEY - FISCAL YEAR 2004-2005 UNMET TRANSIT NEEDS HEARING Overview This item is for the Commission to: 1) Reaffirm the Commission's definition of "Unmet Transit Needs" and "Reasonable to Meet" standards; 2) Make a finding that based upon a review of the requests for services received through the "Unmet Transit Needs Hearing" process, review of existing services and proposed improvements to the available services, that there are no unmet transit needs which can be reasonably met in the Palo Verde Valley; and, 3) Adopt Resolution No. 04-011, "Resolution of the Riverside County Transportation Commission Adopting a Finding That There are No Unmet Transit Needs That are Reasonable to Meet in the Palo Verde Valley Area." Riverside County Transportation Commission Agenda June 9, 2004 Page 5 71. PALO VERDE VALLEY TRANSIT AGENCY'S FISCAL YEAR 2003- 2004 SHORT RANGE TRANSIT PLAN AMENDMENT TO PURCHASE GPS EQUIPMENT Overview This item is for the Commission to: 1) Review Palo Verde Valley Transit Agency's (PVVTA) request to amend its FY 2003-04 Short Range Transit Plan and reprogram funds to pay for global positioning software and equipment; and, 2) Direct staff to meet with PVVTA transit and city staff to resolve discrepancies related to the request. 7J. SUNLINE TRANSIT AGENCY OPERATIONAL EVALUATION RECOMMENDATION SUMMARY Overview This item is for the Commission to receive and file the Operational Evaluation Recommendation Summary approved by SunLine Transit Agency's Board at its April 28, 2004 meeting. 7K. AGREEMENT NO. 04-45-503 BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND SAN BERNARDINO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES FOR THE PROVISION OF CALL BOX CALL ANSWERING SERVICES Overview This item is for the Commission to: 1) Approve Agreement No. 04-45-503 with the San Bernardino Service Authority for Freeway Emergencies (SAFE) for the provision of call box call answering services; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda June 9, 2004 Page 6 7L. AGREEMENT NO. 04-45-504 BETWEEN THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION Overview This item is for the Commission to: 1) Approve Agreement No. 04-45-504 with the California Department of Highway Patrol to provide overtime supervision and operation of the Freeway Service Patrol program in Riverside County; and, 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the agreement on behalf of the Commission. 7M. AMENDMENT TO FISCAL YEAR 2004 MEASURE "A" CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITY OF PALM SPRINGS Overview This item is for the Commission to approve the amendment to the FY 2004 Measure "A" Capital Improvement Plan for Local Streets and Roads for the City of Palm Springs. 7N. SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM EXTENSION FOR THE CITY OF BLYTHE Overview This item is for the Commission to grant the City of Blythe an extension to December 31, 2004 to complete the Rice and 7th Street sidewalk improvement project. Riverside County Transportation Commission Agenda June 9, 2004 Page 7 70. AGREEMENT NO. 04-65-505 FOR PUBLIC OUTREACH ON THE RIVERSIDE COUNTY TO ORANGE COUNTY MAJOR INVESTMENT STUDY Overview This item is for the Commission to: 1) Approve the selection of Moore lacofano Goltsman Inc. (MIG) as the most qualified firm to provide public outreach consulting in support of the Riverside County to Orange County Major Investment Study; 2) Approve Agreement No. 04-65-505 with Moore lacofano Goltsman Inc. for public outreach consulting on the Riverside County to Orange County Major Investment Study in an amount not to exceed $150,000 over the next three fiscal years; and, 3) Authorize the Chairman, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7P. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Commission to adopt the following bill positions: SUPPORT - SB 1397 and AB 2085. 8. SURPLUS OF BOX SPRINGS QUARRY PROPERTY Overview This item is for the Commission to: 1) Declare the property identified as the Box Springs Quarry, (53.04 acres), APN No. 256-040-004-7 as surplus; 2) Authorize staff to initiate the sixty (60) day public agency notification period and if no interest is expressed, authorize the Executive Director to offer the parcels for sale; and, 3) Authorize a minimum condition of sale to require the protection of the San Jacinto Branch Line from drainage and mitigation of noise requirements. Riverside County Transportation Commission Agenda June 9, 2004 Page 6 9. PROPOSED METROLINK BUDGET FOR FISCAL YEAR 2004-2005 Overview This item is for the Commission to: 1) Adopt the preliminary FY 2004-05 Metrolink Operating and Capital Budgets; and, 2) Allocate RCTC's funding commitment to the Southern California Regional Rail Authority in an amount not to exceed $4,102,41 1, comprised of: $3,128,800 of Local Transportation Funds (LTF) for train operations and maintenance -of -way, $973,611 of Federal Transit Administration (FTA) Section 5307 funds for capital projects. 10. PUBLIC HEARING - ADOPTION OF THE PROPOSED BUDGET FISCAL YEAR 2004-2005 Overview This item is for the Commission to: 1) Hold the public hearing to receive input and comments on the Proposed Fiscal Year 2004-2005 Budget; 2) Close the public hearing; and, 3) Adopt the Proposed Budget for Fiscal Year 2004-2005. 11. PRESENTATION - DRAFT 2004 STATE ROUTE 91 IMPLEMENTATION PLAN Overview This item is for the Commission to receive and file the Draft 2004 State Route 91 Implementation Plan. 12. ITEMS PULLED FROM CONSENT CALENDAR AGENDA 13. COMMISSIONERS / EXECUTIVE DIRECTOR'S REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended and upcoming meetings/conferences and issues related to Commission activities. Riverside County Transportation Commission Agenda June 9, 2004 Page 9 14. CLOSED SESSION ITEM Conference with Legal Counsel: Anticipated Litigation pursuant to Section 54956.9 Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 1 15. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:00 a.m., Wednesday, July 14, 2004, Board Room, County of Riverside Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXECUTIVE COMMITTEE (COMMISSIONERS MARION ASHLEY, CHRIS BUYDOS, BOB BUSTER, TERRY HENDERSON, ROBIN LOWE, RON ROBERTS, JOHN TAVAGLIONE, JIM VENABLE, FRANK WEST, ROY WILSON) 8:30 A.M. Wednesday, June 9, 2004 County of Riverside Administrative Center Conference Room "A" 4080 Lemon Street, 3' Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in an Executive Committee meeting, please contact the Clerk of the Commission at (909) 787-7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1) CALL TO ORDER 2) PUBLIC COMMENTS 3) APPROVAL OF MINUTES 4) APPROVE AMENDED AGREEMENT NO. 04-12-967, AGREEMENT BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND NOVANIS TO DEVELOP A CONTRACTS MANAGEMENT PROGRAM Overview This proposal is a continuation of updating the Commission's records and documents management system. The amended agreement will be to implement a process to retain and easily access all associated documents relating to Commission's contracts and agreements. 5) CLOSED SESSION A. Public Employee Performance Evaluation, Pursuant to Section 54957. Title of Position — Executive Director B. Conference with Labor Negotiator Pursuant to Section 54957.6. Title of Agency Negotiator: Chairman/Vice Chairman Title of Employee: Executive Director 6) ADJOURNMENT RTA, Riverside Transit Agency a Riverside Transit Agency 00Board of Directors Meeting Meeting No. 2004-5A May 27, 2004 2:00 p.m. 1825 Third Street Riverside, CA 92507, PLEASE NOTE: The Chairman of the Board kindly requests that cell phones be turned off during the meeting ITEM CALL TO ORDER SELF -INTRODUCTIONS FLAG SALUTE PUBLIC COMMENTS — NON -AGENDA ITEMS Members of the public may address the Board regarding any item within the subject matter jurisdiction of the Board; however, no action may be taken on off -agenda items unless authorized by law. Comments shall be limited to matters not listed on the agenda. Members of the public may comment on any matter listed on the agenda at the time that the Board considers that matter. Each person's presentation is limited to a maximum of three (3) minutes RECOMMENDATION'' RECEIVE COMMENTS PRESENTATION OF PROCLAMATION TO MV TRANSPORTATION EMPLOYEE, DWAYNE WALKER MAKE PRESENTATION 6. APPROVAL OF MINUTES — APRIL 22, 2004, BOARD MEETING (P. 5) CHIEF EXECUTIVE OFFICER'S REPORT a. Public Comments Update b. WRCOG Presentation c. David Turch & Associates Introduction d. Tranny Award Presentation APPROVE RECEIVE REPORT Any Person with a disability who requires a modification or accommodation in order to participate in this meeting should contact the RTA Clerk of the Board, telephone number (909) 565-5044, no less than two business days prior to this meeting to enable RTA to make reasonable arrangements to assure accessibility to this meeting. A. RTA Financial Profile — April 2004 (P. 12) RECEIVE AND FILE B. Ridership Report - April 2004 (P. 25) RECEIVE AND FILE C. Personnel Report - April 2004 (P. 30) RECEIVE AND FILE D. Transportation Center Report — April 2004 (P. 35) RECEIVE AND FILE E. On -Time Performance Report — April 2004 (P. 41) RECEIVE AND FILE F. Board Administrative Committee Meeting — 4/14/04 Minutes (P. 47) RECEIVE AND FILE Board Budget and Finance Committee Meetings — 4/7/04, 4/20/04, and 5/5/04 Minutes (P. 49) RECEIVE AND FILE Board Operations Committee Meeting— 4/7/04 Minutes (P. 57) RECEIVE AND FILE I. ADA Quarterly Meeting — 4/8/04 Minutes (P. 59) RECEIVE AND FILE J. Transportation NOW Meeting Attendees — May 2004 (P. 62) RECEIVE AND FILE Agency Credit Card Statement f Go April 2004 (P. 64) RECEVE AND LE Quarterly Performance Standards — Period Ending 3/31/04 (P. 66) RECEIVE AND FILE M. Farebox Recovery Ratio — Period Ending 3/31/04 (P. 68) RECEIVE AND FILE N. Cash Flow Projections (P. 77) RECEIVE AND FILE Board Budget and Finance Committee Reviewed and Recommended (5/5/04 Meeting) RTA BOARD OF DIRECTORS MEETING PAGE 2 MAY 27, 2004 =M RECOMMENDATION . CONSENT CALENDAR All items on the Consent Calendar will be approved by one motion and there will be no discussion on individual items unless a Board member or member of the public requests a specific item be pulled from the calendar for separate discussion G. H. K. L. RTA BOARD OF DIRECTORS MEETING MAY 27, 2004 O. Recommendation - Revise Human Resources Policy and Procedures, Section 3-6, Compensation and Salary Administration, Including Position Modifications (P. 78) Board Budget and Finance and Board Administrative Committees Reviewed and Recommended (5/5/04 and 5/17/04 Meetings) P. Adopt Excess Real Property Policy, Procedures, and Utilization Plan (P. 86) Board Administrative Committee Reviewed and Recommended (5/17/04 Meeting) Q. Commuter Route 202 Promotion (P. 100) Board Budget and Finance Committee reviewed and recommended by a majority vote with a modification noted on staff report. Board Operations and Board Administrative Committees reviewed and recommended unanimously with modification (5/5/04 and 5/17/04 Meetings) STATE TRIENNIAL AUDIT REPORT FOR FY00-01 THROUGH FY02-03 (P. 103) Board Administrative Committee Reviewed and Recommended (5/17/04 Meeting) 10. FEDERAL TRANSIT ADMINISTRATION TRIENNIAL AUDIT (P. 112) Board Administrative Committee Reviewed and Recommended (5/17/04 Meeting) FISCAL YEAR 2005 OPERATING AND CAPITAL BUDGET (P. 115) Board Budget and Finance Committee Reviewed and Recommended (5/19/04 Meeting) PAGE 3 RECOMMENDATION APPROVE APPROVE APPROVE RECEIVE AND FILE APPROVE RECEiVE AND FILE APPROVE OPEN PUBLIC HEARING/DISCUSS/ REVIEW, CONTINUE TO JUNE 24TH BOARD MEETING RTA BOARD OF DIRECTORS MEETING MAY 27, 2004 12. 2005 - 2007 SHORT RANGE TRANSIT PLAN UPDATE (P. 118) Board Operations and Board Budget and Finance Committees Reviewed and Recommended (5/5/04 and 5/19/04 Meetings) 13. UPDATE ON THE TRANSITION OF CONTRACTED SERVICES AGREEMENTS AND CLARIFICATION ON THE WORKER ADJUSTMENT AND RETAINING ACT (WARN) (P. 123) 14. BOARD MEMBER COMMENTS AND REMARKS 15. ANNOUNCEMENTS 16. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.8 TO DISCUSS THE PURCHASE OF REAL PROPERTY LOCATED AT 31 EAST GRAND BLVD., CORONA, CA. THE NEGOTIATOR FOR RTA IS LARRY RUBIO AND THE NEGOTIATOR FOR THE PROPERTY OWNER IS WOODY HARPOLE 17. NEXT MEETING Regular Meeting of the RTA Board of Directors Thursday, June 24, 2004 2:00 p.m. RTA Conference Room 1825 Third Street Riverside, CA 92507-3484 18. ADJOURNMENT PAGE 4 RECOMMENDATION OPEN PUBLIC HEARING/DISCUSS/ REVIEW, CONTINUE TO JUNE 24111 BOARD MEETING RECEIVE AND FILE APPROVE WRCOG WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 60) EXECUTIVE COMMITTEE AGENDA Monday, June 7, 2004 2:00 p.m. County of Riverside Administrative Center Board Room CALL TO ORDER Chair Jim Venable PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS At this time members of the public may address the Executive Committee regarding any items within the subject matter jurisdiction of the 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 LA Minutes from the May 3, 2004 Executive Committee meeting are available for consideration. Requested Action: Approve Minutes. M-1 III.B WRCOG DRAFT Budget Ruthanne Taylor Berger Page 169 Fiscal Year 2004-2005 Background: The Administration and Finance Committee and Technical Advisory Committee have reviewed the Draft Budget, Fiscal Year 2004-2005. Requested Action: 1. Approve the Budget, Fiscal Year 2004-2005 for adoption by the General Assembly. III.0 Nominations for Chair and Vice Chair Rick Bishop Page 177 WRCOG Executive Committee FY 2004-2005 Background: The Administration and Finance Committee, acting as WRCOG's Nominating Committee, will provide recommendations for Chair and Vice Chair of the Executive Committee for Fiscal Year 2004-2005. Requested Action: 1. Forward recommendations for WRCOG's Chair and Vice Chair to the General Assembly. III.D Report from League of California Cities Dave Willmon Page 179 Regional Representative Background: This item is reserved for a presentation from the League of Califomia Cities Regional Representative for Riverside County on activities being undertaken by the League of Califomia Cities and a recap of the League's Legislative Action days held May 12 and 13. Requested Action: 1. Receive report. OTHER MATTERS IV. Items for Future Agendas Members Members are invited to suggest additional items to be brought forward for discussion at future Executive Committee meetings. V. General Announcements Members Members are invited to announce items/activities which may be of general interest to the Executive Committee. VI. Next Meeting: General Assembly is June 24, 2004 at the Eagle Glen Golf Club. Registration starts at 5:30 p.m. The next Executive Committee meeting will be held on August 2, 2004 at 2:00 p.m. at 4080 Lemon Street,l°` Floor Board Room. VII. ADJOURNMENT VIII. Closed Session: Public Employee Performance Evaluation (Government Code Section 54957 Title: Executive Director) WRCOG EXECUTIVE COMMITTEE MAY 3, 2004 MINUTES CALL TO ORDER The meeting of the Western Riverside Council of Govemments Executive Committee was called to order at 2:00 p.m. by Chairman Jim Venable. PLEDGE OF ALLEGIANCE Chairman Venable led members and guests in the Pledge of Allegiance. ROLL CALL Members Present: Supervisor Bob Buster Supervisor Jim Venable Tony Carstens, County of Riverside Barbara Hanna, City of Banning Shenna Moqeet, City of Calimesa Martin Gibson, City of Canyon Lake Lyle Alberg, City of Hemet Robert Schiffner, City of Lake Elsinore William Batey, City of Moreno Valley Kelly Seyarto, City of Murrieta Frank Hall, City of Norco Al Landers, City of Perris Ron Loveridge, City of Riverside Chuck Washington, City of Temecula Guests: Dave Willmon, LCC Garry Grant Andrea DeLeon Eric Haley, RCTC Darcy Kuenzi, Office of Supervisor Ashley Wendy Villa, City of Riverside Staff: Rick Bishop, Executive Director Ruthanne Taylor Berger, Deputy Executive Director Chris Brickel, Secretary Bill Hodge, Staff Analyst David Huynh, Staff Analyst Joe Aklufi, Legal Counsel PUBLIC COMMENTS No Public Comments H:Meetings\Executive\Minutes12004\050304 Mike West, Urban Crossroads Bob Edmunds, Alhadeff & Solar Kathy McAdara, SafeHouse Lisha Smith, AQMD Trent Pulliam, City of Moreno Valley M1 III.B III.0 Report from League of California Cities Regional Representative Mr. Dave Willmon gave a brief presentation focusing on: • Signatures obtained on the Ballot Measure. 1.1 Million signatures were submitted. • The Governor's office is looking to begin a series of discussions on local government finance. • Technical Working Group is being formed to address the budget issues and long term solutions. Comments from members followed relative to the upcoming LCC Dinner Meeting to be held in Norco on May 10th advising there is still time to obtain reservations for that evening. Mr. Willmon reminded everyone of the upcoming Legislative Action Days to be held May 12 and 13, 2004 in Sacramento at the Capitol Building. Action: Receive report. Riverside County Center for Demographic Research Mr. Bill Hodge, WRCOG staff, presented a slide program to update members on this proposed center. He reviewed the tasks to be accomplished, possible sites and funding mechanisms. Mr. Hodge suggests a 60 day period to return to this committee for presentation of an implementation plan and timetable. With completion of his program, Mr. Hodge welcomed any questions from members. Member's questions focused on: • Comparable centers within Southern California • The anticipated budget of $350,000 • Funds available through SCAG, TUMF and MSHCP. • Private Grants — both Pros and Cons. • Time Frame before Center is up and running • Life of the project • Jurisdiction's access to center's information and at what cost Action: 1. Endorse the concept of a western Riverside County Center for Demographic Research. 2. Provide feedback on current costs of data preparations/research in your jurisdiction. 3. Identify work products your agency might be interested in acquiring 4. Provide feedback to agency management on value of demographic information. 5. Continue to solicit interest from eastern Riverside and San Bernardino Counties. M/S/C (Hall/Seyarto) OTHER MATTERS IV. Items for Future Agendas Dr. John Husing's completed study on the TUMF Fees and Mitigation Fees on non-residential development will be presented to the TAC at their next meeting and to this committee in June. V. General Announcements Chairman Venable announced the upcoming General Assembly to be held June 24, 2004. H:Meetings\Executive\Minutes\20041050304 M3 WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY REVISED AGENDA Monday, June 7, 2004 - 1:00 p.m. Riverside County Administrative Center Board Hearing Room -First Floor Annex 4080 Lemon Street Riverside, CA 92501 1. CALL TO ORDER — Robin Reeser Lowe 2. ROLL CALL 3. PUBLIC COMMENT At this time members of the public may address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the Board that 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. Any person wishing to address the Board 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 Board in writing and only pertinent points presented orally. 4. MINUTE APPROVAL — May 3, 2004 5. CONSENT CALENDAR: No Items 6. POLICY CALENDAR: 6.1 Status Report — Jurisdiction Joint Powers Agreement Execution 6.2 Verbal Report - USFWS / CDFG Western Riverside County MSHCP 10A Permit signing date 6.3 MSHCP Implementation 6.4 Consideration and possible approval of JPA By -Laws 6.5 RCA Budget FY 04/05 6.6 RCA Committee Appointments RCA Board Agenda June 7, 2004 Page 2 of 2 7. GENERAL ANNOUNCEMENTS A. Thursday - June 10, 2004 — 9:30 a.m. "Celebrating Conservation Planning In Western Riverside County" RCHCA / RCA Information Event Mission Inn — Galleria Room 3649 Mission Inn Avenue Riverside, CA 92501 B. Friday - June 11, 2004 — 10:00 a.m. Western Riverside County Permit Signing Ceremony Mission Inn — Music Room 3649 Mission Inn Avenue Riverside, CA 92501 8. ITEMS FOR NEXT MEETING Members are invited to suggest additional items to be brought forward for discussion. 9. CLOSED SESSION With respect to every item of business to be discussed in closed session pursuant to Government code §§ 54956.9 A. Conference with Legal Counsel pursuant to Government Code Section 54956.9(a) — Existing Litigation 1. Farm Bureau et al v. County of Riverside Riverside County Superior Court Case No.: RIC 396565 B. Conference with real property negotiator pursuant to Government Code Section 54956.8 1. Property: APN 471-270-006 (north of Smiley Boulevard, Reche Canyon Area) Negotiating Party: Henry Melendez Agency Negotiator: General Manager or designee Under Negotiation: Price/Terms/Conditions of Payment 2. Property: APN 429-140-044 (west of Juniper Flats Rd, Lakeview/Nuevo Area) Negotiating Party: Milton Higgins Agency Negotiator: General Manager or designee Under Negotiation: Price/Terms/Conditions of Payment 10. ADJOURNMENT - Meeting to be adjourned to July 12, 2004 at 1:00 PM Riverside County Administrative Center First Floor Annex — Board Hearing Room 4080 Lemon Street Riverside, CA 92501 Dorothy Chouinard - Urgent Item for the July 1, City Council Meeting Page 1 From: Chris Carlson-Buydos To: dchouinard.SanJacPO.CitySanJac Date: 6/30/04 9:04AM Subject: Urgent Item for the July 1, City Council Meeting Dorothy: Attached is a file with two letters addressed to Rep Lewis and Senator Feinstein in support of funding of trails and museums at Diamond Valley Lake. This request has come to me from MWD and letters of support need to be garnered before our next City Council meeting. Please contact me should you have any questions or concern to having this added to the agenda and prepare for the Mayor's signature. These letters (if) once signed must be faxed to the respective offices due to the continuing issues of USPS contaimentation. THX--Chris CC: PCosentini.SanJacPO CitySanJac,jayres.SanJacPO.CitySanJac To he -added_ Dorothy Chouinard - dvl letters of support.doc Page 1 Sent Via USPS Service & Fax: (202) 225-9817 July 1, 2004 Honorable Jerry Lewis 2112 Rayburn House Office Building Washington D.C. 20515 Dear Representative Lewis: The City Council of the City of San Jacinto is requesting that special consideration be given to providing S5 million in 2005 funding in the Interior Appropriations Bill for the construction of the Western Center for Archaeology and Paleontology and the System of Non -motorized Trails that are to be constructed throughout the public lands surrounding Diamond Valley Lake in Riverside County, California. The funding for these projects has been authorized in Public Law 106-500, which became law as a result of S. 2977 (Feinstein -Calvert) during the 106`h Congress. It is our hope that these projects will receive funding in the upcoming fiscal year in order to allow state and local entities to move forward with their part of these important regional programs that impact the quality of life, educational, and recreational opportunities of our valley and region. Your assistance and leadership in this regard are greatly appreciated by the hundreds of thousands of annual visitors who will be visiting Diamond Valley Lake as a source of regional education and recreation. Respectfully yours, Jim Ayres Mayor c: Randy Record, MWD Dorothy Chouinard - dvl letters of support.doc Page 2 Sent Via LISPS Service & Fax: (202) 228-3954 July 1, 2004 Senator Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington, DC 20510 Dear Senator Feinstein: The City Council of the City of San Jacinto is requesting that special consideration be given to providing $ 5 million in 2005 funding in the Interior Appropriations Bill for the construction of the Western Center for Archaeology and Paleontology and the System of Non -motorized Trails that are to be constructed throughout the public lands surrounding Diamond Valley Lake in Riverside County, California. The funding for these projects has been authorized in Public Law 106-500, which became law as a result of S. 2977 (Feinstein -Calvert) during the 106th Congress. It is our hope that these projects will receive funding in the upcoming fiscal year in order to allow state and local entities to move forward with their part of these important regional programs that impact the quality of life, educational, and recreational opportunities of our valley and region. Your assistance and leadership in this regard are greatly appreciated by the hundreds of thousands of annual visitors who will be visiting Diamond Valley Lake as a source of regional education and recreation. Respectfully yours, Jim Ayres Mayor c: Randy Record, MIND SENT VIA USPS SERVICE & FAX:(202)225-9817 July 1, 2004 Honorable Jerry Lewis 2112 Rayburn House Office Building Washington D.C. 20515 Dear Representative Lewis: The City Council of the City of San Jacinto is requesting that special consideration be given to providing $ 5 million in 2005 funding in the Interior Appropriations Bill for the construction of the Western Center for Archaeology and Paleontology and the System of Non -motorized Trails that are to be constructed throughout the public lands surrounding Diamond Valley Lake in Riverside County, California. The funding for these projects has been authorized in Public Law 106-500, which became law as a result of S. 2977 (Feinstein -Calvert) during the 106`h Congress. It is our hope that these projects will receive funding in the upcoming fiscal year in order to allow state and local entities to move forward with their part of these important regional programs that impact the quality of life, educational, and recreational opportunities of our valley and region. Your assistance and leadership in this regard are greatly appreciated by the hundreds of thousands of annual visitors who will be visiting Diamond Valley Lake as a source of regional education and recreation. Respectfully yours, Jim Ayres Mayor c: Randy Record, MWD SENT VIA LISPS SERVICE & FAX: (202) 228-3954 July 1, 2004 Senator Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington, DC 20510 Dear Senator Feinstein: The City Council of the City of San Jacinto is requesting that special consideration be given to providing $5 million in 2005 funding in the Interior Appropriations Bill for the construction of the Western Center for Archaeology and Paleontology and the System of Non -motorized Trails that are to be constructed throughout the public lands surrounding Diamond Valley Lake in Riverside County, California. The funding for these projects has been authorized in Public Law 106-500, which became law as a result of S. 2977 (Feinstein -Calvert) during the 106`h Congress. It is our hope that these projects will receive funding in the upcoming fiscal year in order to allow state and local entities to move forward with their part of these important regional programs that impact the quality of life, educational, and recreational opportunities of our valley and region. Your assistance and leadership in this regard are greatly appreciated by the hundreds of thousands of annual visitors who will be visiting Diamond Valley Lake as a source of regional education and recreation. Respectfully yours, Jim Ayres Mayor c: Randy Record, MWD CITY OF SAN JACINTO CFD 2003-1 ANNEXATION #4 BALLOT LOG Parcel Identification Property Owner Name Consent & Waiver Recd # of Votes "Yes" Votes "No" Votes Tract 22347 B&L - Robert & Marlena Holcomb ✓ 1 Tract 22347 B&L - Bemard & Lila Be mann 1 t 1 1 1. Tract 22347 B&L - Lloyd B & Joyce D. Thibodeaux Tract 22347 B&L - Lloyd H.A Mary E. and Noel Thibodeaux+ 1 Tract 22347 B&L - Dorothy S. Sear! Trust u/ 29 act Tract 22347 B&L - Larry & Shirley Maddox ✓ 1 Tract 31717 Nelson Development 'A` 9 p! 9 Tracts 29917 & 31036 Osbome Development f 89 Qq O I Tract 22950 Heritage Annendale Park LLC ✓ 16 1(;) Tract 30481 Empire Homes ✓ 44 if, Tract 29859 Groove Construction (Cameo Homes) 19 f i APN 435055055 A. Ramazan Construction V VVVV 8 CZ Ahhe0-11Ph _ . wQSl t. Mc-iPic 7- Sz& tit, & L I22347- PoP.1 L-135 -2ct2— 002-3 41 / *6 4- i 100k1 -1-M70-- _O-- `t� '-->did rno1-5t� G r'it wean rs Lgo dbi `')c 5 20 �' 2I 1 of 2 06/16/2004 14:07 6544196 SOBOBA BAND OF LUISE PAGE 02 Soboba attendees for Council to Council Meeting: Robert Salgado, Chairman Becky Salgado -Flores, Vice Chair Rose Salgado, Secretary Pamela Miranda, Treasurer Maurice Mojado, Member Karl Johnson, Attorney Kim Yearyean, Land and Resource Manager Joe Garcia, Environmental Director 06/16/2004 14:07 6544198 SOBOBA BAND OF LUISE PAGE 01 a Band of Luiseno I is F.O. BOX 487 23904 SOBOBA ROAD SAN JACINTO, CA 92581 (909) 654-2765 FAX (909) 654-4198 FAX DATE: ) u ne 16, 2004 TO: Grace FROM: Kim Yea ryea n SUBJECT: Attendees for meeting COMMENTS: attached is the list of attendees for tomorrows meeting. if someone is Unable to don't havea namend ll let you know plate up prior to tomorrows meeting yousod for them. We do not have nameplates for everyone, l tried to get them made, but the company we use only has 5 plates in stock. HARD COPY TO FOLLOW IN SNAIL MAIL: a YES ❑ NO NOTE ANY PROBLEMS WITH TRANSMITTAL OF THIS FAX, PLEASE CONTACT KIM YEARYEANAT (909) 654-2765. # OF PAGES INCLVD1NG COVER SHEET Dorothy Chouinard - RE: San Jacinto CFD Election Page 1 From: "Jeff S. Ballinger" <Jeff.Ballinger@bbklaw.com> To: "Mrunal Mehta" <Mrunal.Mehta@bbklaw.com>, "Dorothy Chouinard" <dchouinard@sanjacintoca.us> Date: 6/16/04 8:07PM Subject: RE: San Jacinto CFD Election Mrunal, If he wants to take this out of the CFD election tomorrow night, then, per Warren's conclusion, go ahead and do that. I'll call him tomorrow to see if I can allay his concems. One way or another, I'll update John before the Council meeting. I'll be in Sacramento, but will call him on this matter and you on the Policy 103 statement stuff. > ---Original Message---- > From: Mrunal Mehta > Sent: Wednesday, June 16, 2004 5:09 PM > To: Jeff S. Ballinger > Subject: FW: San Jacinto election > Original Message---- > From: Priscilla W. Anderson > Sent: Wednesday, June 16, 2004 4:50 PM > To: Mrunal Mehta > Subject: RE: San Jacinto election > Jim Chaddock 949-388-9269 x 101 represents DR Horton, evidently they > acquired title from Western Pacific Housing. He has comments to the > consent and waiver: 1)objects to signing under penalty of perjury; 20 > has a problem wl second paragraph where we recite legal > conclusions--ie, developer shouldn't have to sign to that. > Then he said something about this all being pushed over until next > week/next meeting, per his client. > Priscilla W. Anderson > Paralegal for > BEST BEST & KRIEGER LLP H********************i*******************Hex*************************** ****ree+a+ 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: "John E. Brown" <John.Brown@bbklaw.com> Dorothy Chouinard - RE: Annexation #4 Page 1 From: "Mrunal Mehta" <Mrunal.Mehta@bbklaw.com> To: "Sandy McKay" <SMckay@sanjacintoca.us> Date: 6/17/04 10:41AM Subject: RE: Annexation #4 Sandy - The law requires an unanimous vote of every developer within the annexation. Thus, every developer is required to turn in the Consent and Waiver which is a part of the ballot package. If the developer is not able to turn in his packet on time, we will need to exclude the developer's property from the annexation and the developer will be required to annex at a later time. Mrunal Original Message From: Sandy McKay [mailto:SMckay@sanjacintoca.us] Sent: Thursday, June 17, 2004 10:31 AM To: Mrunal Mehta Subject: Annexation #4 In regards to the ballots which were sent out for B&L Construction (Tract 22347) we may not get two of the ballots back. The two ballots which we may not receive back only hold two votes out of the 33 total votes. Since this is a majority vote we really do not need these two votes to pass their annexation. Is this correct? Sandy McKay Special Districts Administrative Analyst City of San Jacinto 201 East Main Street San Jacinto, CA 92583 909-654-7337 ext. 247 909-654-3728 FAX *********************************************************************************** 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: "Jeff S. Ballinger' <Jeff.Ballinger@bbklaw.com>, "Dorothy Chouinard" <dchouinard@sanjacintoca.us> " NAN JAC I NTO MEMORANDUM TO: The Honorable Mayor and City Council Members, City Manager, City Attorney, and Department Heads FROM: Dorothy L. Chouinard, City Clerk DATE: June 14, 2004 SUBJECT: June 17, 2004 Agenda Please be advised of the following: 1) The June 17, 2004 Agenda was amended with the addition of 5.3. The updated agenda and staff report has been included with this memo. 2) There is additional information for Item 6.2. 3) Agenda Item 6.10 is going to have to be continued to July 1, 2004, as we discovered after it was too late to change it that a public notice has -(c., done. Please accept my apologies for any inconvenience this may cause. City Clerk AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND JOINT MEETING WITH SOBOBA BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA JUNE 17, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Quast Tree Service, Tom Quast -- Recipient / Economic Development Specialist 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. JOINT MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SOBOBA COUNCIL OF THE BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA 3.1.1 Community Development Issues / Opportunities and Objectives / Discussion and Direction / City Council requested 3.1.2 Domenigoni Property / Discussion and Direction / Soboba Council requested City Council Amended Agenda June 17, 2004 Page 3 of 5 5.3 Lake Park Drive Well / Modifications to pumping capacity / Approve upgrades to the pumping capacity of Lake Park Drive Well and Appropriate additional funding in the amount of $200,000 for pump, stand-by generator, and motor control center / City Engineer 6. 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 and address, and the consent calendar item number. Speakers should limit comments to three (3) minutes. 6.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 06/17/04 / Approve / Finance Director 6.2 Memorandum of Understanding regarding preparation of Water Management Plan for the Hemet/San Jacinto Management Plan / Robert W. Hargreaves, City Attorney - Special Counsel for Water Matters and City Manager 6.3 Resolutions regarding the November 2, 2004 Consolidated Election / City Clerk 6.3.1 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto calling a General Municipal Election on November 2, 2004 / Approve and Adopt 6.3.2 Resolution No. _ / A Resolution of the City Council of the City of San Jacinto adopting regulations for the candidates for elective office, pertaining to the electorate and the costs thereof for the General Municipal Election on November 2, 2004 / Approve and Adopt 6.4 Resolution No. _ / A resolution reducing the Estudillo Mansion Committee Members from nine to seven / Approve and Adopt / Community Development Director 6.5 Conflict of Interest Code / City Manager or his designee to review code, file a statement of review with City Clerk, and have Code revised as necessary / Direct / City Manager 6.6 Police Officers Association and Sergeants Association negotiated contract for severance / Approve $300,000 appropriation from General Fund / City Manager Agency negotiator: City Manager Negotiating parties: City of San Jacinto and Rocky Glen LLC Under negotiation: Price and Terms 8. ADJOURNMENT City Council Amended Agenda June 17, 2004 Page 5 of 5 If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. lf, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 9. 2)o444 L eiwuc raed. exsy Gle74 4 de eit4 o6 Sag 94e'-Td. do kou4 eejq rkat 9 waded l0 le Aerated tire 6atr9oGrg agegda ride ke da$$ 4 prom, 2004 am teria&ed 4 lea.. AGENDA ITEM 53 June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Lake Park Drive Well — Modifications to Pumping Capacity RECOMMENDATION: By motion, approve the upgrades to the pumping capacity of Lake Park Drive Well per City's Consultant Stetson Engineering recommendations of June 10, 2004 (see attached); and appropriate additional funding in the amount of $200,000, to increase pumping capacity to 3,000 GPM from the originally designed 2,000 GPM. BACKGROUND: On April 1, 2004, the City Council awarded the public works contract to Beylik Drilling, Inc., in the amount of $1,134,600.00, plus 15% contingency ($1,304,790.), for the drilling of the City's fourth water well, equipment, and waterline installation on Main Street. Even though the City's contractor encountered some problems at the beginning of the project with piles of old bridge structures (unknown to the Stetson Engineering during design), the contractor has been very successful in testing for water quality and quantity. During drilling of the well, soils looked promising for greater pumping capacity than the 2,000 GPM in the original design. Therefore, under the recommendation of Stetson Engineering the well was drilled from the original design of 1,000' in depth to 1400', to increase the potential to 3,000 GPM, at an estimated cost of $200,000 for pump, stand-by generator, and motor control center (upgrades to handle the 3,000 GMP equipment). Since the City is concern with the current operation of existing wells and water reliability, staff is recommending the upgrade of the pumping equipment, which upgrade/modifications' result will most likely be equivalent to drilling another well, achieving savings due to the economy of scale. Page 1 of 2 AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY June 17, 2004 Immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 CaII to Order 1.2 Roll CaII 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: Now is the time for the public to address the Agency on any subject not listed on the agenda. Any person may address the Agency on any subject pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. 4. CITY DEPARTMENTS None 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 May 20, 2004 Regular Meeting Minutes / Approve / Agency Secretary r IF •JI • Redevelopment Agency Agenda June 17, 2004 Page 2 of 2 5.2 June 3, 2004 Regular Meeting Minutes / Approve / Agency Secretary 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION 8. ADJOURNMENT 9. a 4, elutuiaaed, sew4reSae Pauuto Re ,49eeeu, do eel* gat 9eauaedto6e putted elte pviegocu, ageedu th »t del 4 puee, 2004, as zegudied de, taut. } 'L • I 1 •1 d MINUTES REGULAR MEETING OF THE SAN JACINTO REDEVELOPMENT AGENCY MAY 20, 2004 9:07 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order Chairman Jim Ayres called the Regular Meeting of the San Jacinto Redevelopment Agency to order at 9:07 p.m. 1.2 Roll CaII Present: Ayres, Carlson-Buydos, Conner, Shaw, Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS 5. CONSENT CALENDAR 5.1 May 6, 2004 Regular Meeting Minutes / Approve / Agency Secretary M/S/C (Carlson-Buydos / Stubblefield) moved to approve Consent Calendar Items 5.1 as presented. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None Redevelopment Agency Minutes May 20, 2004 Page 2 of 2 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION None 8. ADJOURNMENT Chairman Ayres adjourned the San Jacinto Redevelopment Agency meeting at 9:08 p.m. San Jacinto Redevelopment Agency by Jim Ayres, Chairman ATTEST: Dorothy L. Chouinard, Agency Secretary MINUTES GE . DA 5-. REGULAR MEETING OF THE SAN JACINTO REDEVELOPMENT AGENCY JUNE 3, 2004 9:55 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order Chairman Jim Ayres called the Regular Meeting of the San Jacinto Redevelopment Agency to order at 9:55 p.m. 1.2 RoII Call Present: Ayres, Carlson-Buydos, Conner, Shaw, Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS Done 5. CONSENT CALENDAR Done 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION Redevelopment Agency Minutes June 3, 2004 Page 2 of 2 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8 Property: Assessors Parcel Numbers (APN) 439-110-093 Agency Negotiator: Peter A. Cosentini, RDA Executive Director Negotiating Parties: Joe Meyer doing business as San Jacinto LLC Under Negotiation: Price and Terms of Payment No reportable action 8. ADJOURNMENT Chairman Ayres adjourned the San Jacinto Redevelopment Agency meeting at 10:12 p.m. San Jacinto Redevelopment Agency by Jim Ayres, Chairman ATTEST: Dorothy L. Chouinard, Agency Secretary MINUTES REGULAR MEETING OF THE SAN JACINTO REDEVELOPMENT AGENCY JUNE 3, 2004 9:55 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 CaII to Order Chairman Jim Ayres called the Regular Meeting of the San Jacinto Redevelopment Agency to order at 9:55 p.m. 1.2 Roll CaII Present: Ayres, Carlson-Buydos, Conner, Shaw, Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS Done 5. CONSENT CALENDAR Done 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION Redevelopment Agency Minutes June 3, 2004 Page 2of2 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8 Property: Assessors Parcel Numbers (APN) 439-110-093 Agency Negotiator: Peter A. Cosentini, RDA Executive Director Negotiating Parties: Joe Meyer doing business as San Jacinto LLC Under Negotiation: Price and Terms of Payment No reportable action 8. ADJOURNMENT Chairman Ayres adjourned the San Jacinto Redevelopment Agency meeting at 10:12 p.m. San Jacinto Redevelopment Agency by Jim Ayres, Chairman ATTEST: Dorothy L. Chouinard, Agency Secretary 45 South San`°Jacinto Avenue; -San Jacinto GANIZATI PARTMENT ub lefie BER REPORT res adjourned the San DISCUSSION an Jacinto.Redeve nt-Agency. Minutes May20, 2004, Pac2e 2 of' AGENDA ITEM 6.11 June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development ment Directory SUBJECT: Reduction in the Number of Estudillo Mansion Committee Members RECOMMENDATION: By motion, approve a reduction in the number of members on the Estudillo Mansion Committee from nine to seven. BACKGROUND: The Estudillo Mansion Committee was established as an advisory committee to the City Council in 1998 for activities related to the Estudillo Mansion. On September 6, 2001, the City Council approved Resolution 2305 which set the number of permanent Committee members at nine persons, all appointed by the City Council. On June 7, 2004, at a rescheduled regular meeting of the Estudillo Mansion Committee, a motion was made, seconded and unanimously approved by all members present to reduce the number of Committee members from nine to seven. JUSTIFICATION: The Estudillo Mansion Committee members determined that this nine member body was too large for an advisory committee and should be reduced for the following reasons: 1) All nine members are rarely available on any given date to meet as a committee for the purpose of conducting normal business; 2) A nine member committee requires that at the minimum, a quorum of five members must be present to hold a business meeting; and Page 1 of 3 3) The large number of committee members makes it difficult for all members to properly voice opinions and reach a consensus on business issues before the committee For the above reasons, the Estudillo Mansion Committee requests that the City Council approve a reduction in the number of Committee members from the current nine positions to seven positions and that the three current vacancies on the Committee not be filled, thereby reducing the number of Committee Members by attrition. With a reduction of Committee members to seven, a quorum would consist of four members present for a meeting to be properly conducted. BUDGETARY IMPACT: Reducing the number of Estudillo Committee Members from nine to seven will not result in any budgetary impact. ATTACHMENTS: 1) Resolution No. , A Resolution amending Resolution No. 2305,reducing the number of appointed members on the Estudillo Mansion Committee from nine (9) to seven (7). 2) Resolution No 2305 Page 2of3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, REDUCING THE NUMBER OF APPOINTED MEMBERS ON THE ESTUDILLO MANSION COMMITTEE WHEREAS, the Estudillo Mansion Committee was established by the Redevelopment Agency of the City of San Jacinto on February 18, 1998 by adoption of Resolution 99-3; and WHEREAS, on September 6, 2001 the City Council of the City of Jacinto resolved to establish an Estudillo Mansion committee for purpose of advising on matters regarding the Estudillo Mansion by adoption of Resolution No. 2305; and WHEREAS, Section 3 of Resolution No. 2305 specifies that the Estudillo Mansion Committee shall be comprised of nine (9) appointed members. NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, Resolution 2305 is amended as follows: vote: Section 3: The City Council shall appoint seven members to the Estudillo Mansion Committee. APPROVED and ADOPTED this 17th day of June, 2004 by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto by Jim Ayres, Mayor RESOLUTION NO. 2305 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE WHEREAS, on the 18th day of February, 1998, the Redevelopment Agency of the City of San Jacinto established an Estudillo Mansion Committee by the adoption of RDA 99-3, WHEREAS, in order to clarify the purpose, membership, and operating procedures for the Estudillo Mansion Committee and to establish that the Estudillo Mansion Committee is a Committee of the City of San Jacinto, rather than the Redevelopment Agency; WHEREAS, the Council wishes to ratify the make-up of the committee to include nine members, two of which may reside outside the City of San Jacinto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. Estudillo Mansion Committee Established. The City Council hereby establishes an Estudillo Mansion Committee. Section 2. Purpose. The Committee is established for the purpose of advising on matters regarding the Estudillo Mansion. Section 3. Membership. The Estudillo Mansion Committee shall be comprised of nine members. Members shall be City residents, except that four members may reside outside the City. The Estudillo Mansion Committee shall be appointed by the City Council and be advisory to the Council. Members of the Estudillo Mansion Committee shall serve without compensation. Section 4. Appointment Term. To provide for staggered terms of office, three terms will expire on August 1, 2002, three will expire on August 1, 2003, and three terms will expire on August 1, 2005. All succeeding appointments to the Estudillo Mansion Committee shall be for a four-year term. A committee member whose term has expired shall continue to hold office until a successor has been appointed. Section 5. Vacancies and Removal of Members. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term in the same manner as for an original appointment. Members may be removed by the City Council for inefficiency or nonperformance of duty; misconduct; or malfeasance in office, or for having more than two unexcused absences, or four excused absences during a twelve-month period. Section 6. Meetings Conducted in Accordance with the Ralph M. Brown Act. Meetings of the Estudillo Mansion Committee shall be held in accordance with the Ralph M. Brown Act of the State of California to insure that all meetings are open to the public, that items to be discussed are included on an agenda which is posted a minimum of 72 hours in advance of a Committee meeting, and that there is opportunity for members of the public to address the Committee during meetings. Section 7. Organization; The Estudillo Mansion Committee shall elect a chair from its members. ` The Committee shall elect its own vice -chairperson and create and fill such other offices as it may determine it requires. The vice - chairperson shall preside in the absence of the chairperson. The Estudillo Mansion Committee shall hold meetings as required. A majority of the members of the Committee shall constitute a quorum. The Committee shall adopt rules for transaction of business and shall keep a written record of meetings, transactions, and findings which shall be a public record. Section 8. Subcommittees of the Committee. The Committee may organize into subcommittees in order to achieve its purpose. The chairpersons of these subcommittees shall be members of the Committee. Additional persons may be recruited to serve on the subcommittees. Section 9. Voting. A majority vote of a quorum of the Estudillo Mansion Committee shall be necessary to legally act on any matter before the Commission. Section 10. Conflict of Interest. Each member of the Committee may vote on all questions put to the Committee unless a conflict of interest or an appearance fairness question under state law is present. Section 11. Funding. The City of San Jacinto may provide financial support from its annual operating budget to the Estudillo Mansion Committee for its work and activities. Section 12. Staff Support. The City's Redevelopment Operations Manager or designee shall be staff liaison to support Committee tasks. vote: Approved and adopted this 6th day of September, 2001, by the following -2- Ayes: Ayres, Carlson-Buydos, Good, Williams Noes: None Absent: Conner Abstain None Attest: Susan Matthew, City Clerk Patrick A. Williams, Mayor AGENDA ITEM CP' June 17, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director SUBJECT: Reduction in the Number of Estudillo Mansion Committee Members RECOMMENDATION: By motion, approve a reduction in the number of members on the Estudillo Mansion Committee from nine to seven. BACKGROUND: The Estudillo Mansion Committee was established as an advisory committee to the City Council in 1998 for activities related to the Estudillo Mansion. On September 6, 2001, the City Council approved Resolution 2305 which set the number of permanent Committee members at nine persons, all appointed by the City Council. On June 7, 2004, at a rescheduled regular meeting of the Estudillo Mansion Committee, a motion was made, seconded and unanimously approved by all members present to reduce the number of Committee members from nine to seven. JUSTIFICATION: The Estudillo Mansion Committee members determined that this nine member body was too large for an advisory committee and should be reduced for the following reasons: 1) All nine members are rarely available on any given date to meet as a committee for the purpose of conducting normal business; 2) A nine member committee requires that at the minimum, a quorum of five members must be present to hold a business meeting; and Approvals City Manager: Finance Director: Page 1 of 3 3) The large number of committee members makes it difficult for all members to properly voice opinions and reach a consensus on business issues before the committee For the above reasons, the Estudillo Mansion Committee requests that the City Council approve a reduction in the number of Committee members from the current nine positions to seven positions and that the three current vacancies on the Committee not be filled, thereby reducing the number of Committee Members by attrition. With a reduction of Committee members to seven, a quorum would consist of four members present for a meeting to be properly conducted. BUDGETARY IMPACT: Reducing the number of Estudillo Committee Members from nine to seven will not result in any budgetary impact. ATTACHMENTS: 1) Resolution No. , A Resolution amending Resolution No. 2305,reducing the number of appointed members on the Estudillo Mansion Committee from nine (9) to seven (7). 2) Resolution No 2305 Page 2 of 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, REDUCING THE NUMBER OF APPOINTED MEMBERS ON THE ESTUDILLO MANSION COMMITTEE WHEREAS, the Estudillo Mansion Committee was established by the Redevelopment Agency of the City of San Jacinto on February 18, 1998 by adoption of Resolution 99-3; and WHEREAS, on September 6, 2001 the City Council of the City of Jacinto resolved to establish an Estudillo Mansion committee for purpose of advising on matters regarding the Estudillo Mansion by adoption of Resolution No. 2305; and WHEREAS, Section 3 of Resolution No. 2305 specifies that the Estudillo Mansion Committee shall be comprised of nine (9) appointed members. NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, Resolution 2305 is amended as follows: vote: Section 3: The City Council shall appoint seven members to the Estudillo Mansion Committee. APPROVED and ADOPTED this 17th day of June, 2004 by the following Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto by Jim Ayres, Mayor RESOLUTION NO. 2305 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE WHEREAS, on the 18th day of February, 1998, the Redevelopment Agency of the City of San Jacinto established an Estudillo Mansion Committee by the adoption of RDA 99-3, WHEREAS, in order to clarify the purpose, membership, and operating procedures for the Estudillo Mansion Committee and to establish that the Estudillo Mansion Committee is a Committee of the City of San Jacinto, rather than the Redevelopment Agency; WHEREAS, the Council wishes to ratify the make-up of the committee to include nine members, two of which may reside outside the City of San Jacinto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. Estudillo Mansion Committee Established. The City Council hereby establishes an Estudillo Mansion Committee. Section 2. Purpose. The Committee is established for the purpose of advising on matters regarding the Estudillo Mansion. Section 3. Membership. The Estudillo Mansion Committee shall be comprised of nine members. Members shall be City residents, except that four members may reside outside the City. The Estudillo Mansion Committee shall be appointed by the City Council and be advisory to the Council. Members of the Estudillo Mansion Committee shall serve without compensation. Section 4. Appointment Term. To provide for staggered terms of office, three terms will expire on August 1, 2002, three will expire on August 1, 2003, and three terms will expire on August 1, 2005. All succeeding appointments to the Estudillo Mansion Committee shall be for a four-year term. A committee member whose term has expired shall continue to hold office until a successor has been appointed. Section 5. Vacancies and Removal of Members. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term in the same manner as for an original appointment. Members may be vote: removed by the City Council for inefficiency or nonperformance of duty; misconduct; or malfeasance in office, or for having more than two unexcused absences, or four excused absences during a twelve-month period. Section 6. Meetings Conducted in Accordance with the Ralph M. Brown Act. Meetings of the Estudillo Mansion Committee shall be held in accordance with the Ralph M. Brown Act of the State of California to insure that all meetings are open to the public, that items to be discussed are included on an agenda which is posted a minimum of 72 hours in advance of a Committee meeting, and that there is opportunity for members of the public to address the Committee during meetings. Section 7. Organization. The Estudillo Mansion Committee shall elect a chair from its members. The Committee shall elect its own vice -chairperson and create and fill such other offices as it may determine it requires. The vice - chairperson shall preside in the absence of the chairperson. The Estudillo Mansion Committee shall hold meetings as required. A majority of the members of the Committee shall constitute a quorum. The Committee shall adopt rules for transaction of business and shall keep a written record of meetings, transactions, and findings which shall be a public record. Section 8. Subcommittees of the Committee. The Committee may organize into subcommittees in order to achieve its purpose. The chairpersons of these subcommittees shall be members of the Committee. Additional persons may be recruited to serve on the subcommittees. Section 9. Votino. A majority vote of a quorum of the Estudillo Mansion Committee shall be necessary to legally act on any matter before the Commission. Section 10. Conflict of Interest. Each member of the Committee may vote on all questions put to the Committee unless a conflict of interest or an appearance fairness question under state law is present. Section 11. Funding. The City of San Jacinto may provide financial support from its annual operating budget to the Estudillo Mansion Committee for its work and activities. Section 12. Staff Support. The City's Redevelopment Operations Manager or designee shall be staff liaison to support Committee tasks. Approved and adopted this 6th day of September, 2001, by the following -2- Ayes: Noes: Absent: Abstain Attest: Ayres, Carlson-Buydos, Good, Williams None Conner None Susan Matthew, City Clerk 44J Patrick A. Williams, Mayor RESOLUTION NO. 2305 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE WHEREAS, on the 18th day of February, 1998, the Redevelopment Agency of the City of San Jacinto established an Estudillo Mansion Committee by the adoption of RDA 99-3, WHEREAS, in order to clarify the purpose, membership, and operating procedures for the Estudillo Mansion Committee and to establish that the Estudillo Mansion Committee is a Committee of the City of San Jacinto, rather than the Redevelopment Agency; WHEREAS, the Council wishes to ratify the make-up of the committee to include nine members, two of which may reside outside the City of San Jacinto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. Estudillo Mansion Committee Established. The City Council hereby establishes an Estudillo Mansion Committee. Section 2. Purpose. The Committee is established for the purpose of advising on matters regarding the Estudillo Mansion. Section 3. Membership. The Estudillo Mansion Committee shall be comprised of nine members. Members shall be City residents, except that four members may reside outside the City. The Estudillo Mansion Committee shall be appointed by the City Council and be advisory to the Council. Members of the Estudillo Mansion Committee shall serve wifhout compensation. Section 4. Appointment Term. To provide for staggered terms of office, three terms will expire on August 1, 2002, three will expire on August 1, 2003, and three terms will expire on August 1, 2005. All succeeding appointments to the Estudillo Mansion Committee shall be for a four-year term. A committee member whose term has expired shall continue to hold office until a successor has been appointed. Section 5. Vacancies and Removal of Members. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term in the same manner as for an original appointment. Members may be -1- removed by the City Council for inefficiency or nonperformance of duty; misconduct; or malfeasance in office, or for having more than two unexcused absences, or four excused absences during a twelve-month period. Section 6. Meetings Conducted in Accordance with the Ralph M. Brown Act. Meetings of the Estudillo Mansion Committee shall be held in accordance with the Ralph M. Brown Act of the State of California to insure that all meetings are open to the public, that items to be discussed are included on an agenda which is posted a minimum of 72 hours in advance of a Committee meeting, and that there is opportunity for members of the public to address the Committee during meetings. Section 7. Organization. The Estudillo Mansion Committee shall elect a chair from its members. The Committee shall elect its own vice -chairperson and create and fill such other offices as it may determine it requires. The vice - chairperson shall preside in the absence of the chairperson. The Estudillo Mansion Committee shall hold meetings as required. A majority of the members of the Committee shall constitute a quorum. The Committee shall adopt rules for transaction of business and shall keep a written record of meetings, transactions, and findings which shall be a public record. Section 8. Subcommittees of the Committee. The Committee may organize into subcommittees in order to achieve its purpose. The chairpersons of these subcommittees shall be members of the Committee. Additional persons may be recruited to serve on the subcommittees. Section 9. Voting. A majority vote of a quorum of the Estudillo Mansion Committee shall be necessary to legally act on any matter before the Commission. Section 10. Conflict of Interest. Each member of the Committee may vote on all questions put to the Committee unless a conflict of interest or an appearance fairness question under state law is present. Section 11. Funding. The City of• San Jacinto may provide financial support from its annual operating budget to the Estudillo Mansion Committee for its work and activities. Section 12. Staff Support. The City's Redevelopment Operations Manager or designee shall be staff liaison to support Committee tasks. vote: Approved and adopted this 6th day of September, 2001, by the following - 2 - Ayes: Ayres, Carl son-Buydos, Good, Williams Noes: None Absent: Conner Abstain None Attest: Susan Matthew, City Clerk Patrick A. Williams, Mayor RESOLUTION NO. 2305 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING AN ESTUDILLO MANSION COMMITTEE WHEREAS, on the 18th day of February, 1998, the Redevelopment Agency of the City of San Jacinto established an Estudillo Mansion Committee by the adoption of RDA 99-3, WHEREAS, in order to clarify the purpose, membership, and operating procedures for the Estudillo Mansion Committee and to establish that the Estudillo Mansion Committee is a Committee of the City of San Jacinto, rather than the Redevelopment Agency; WHEREAS, the Council wishes to ratify the make-up of the committee to include nine members, two of which may reside outside the City of San Jacinto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. Estudillo Mansion Committee Established. The City Council hereby establishes an Estudillo Mansion Committee. Section 2. Purpose. The Committee is established for the purpose of advising on matters regarding the Estudillo Mansion. Section 3. Membership. The Estudillo Mansion Committee shall be comprised of nine members. Members shall be City residents, except that four members may reside outside the City. The Estudillo Mansion Committee shall be appointed by the City Council and be advisory to the Council. Members of the Estudillo Mansion Committee shall serve without compensation. Section 4. Appointment Term. To provide for staggered terms of office, three terms will expire on August 1, 2002, three will expire on August 1, 2003, and three terms will expire on August 1, 2005. All succeeding appointments to the Estudillo Mansion Committee shall be for a four-year term. A committee member whose term has expired shall continue to hold office until a successor has been appointed. Section 5. Vacancies and Removal of Members. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term in the same manner as for an original appointment. Members may be -1- removed by the City Council for inefficiency or nonperformance of duty; misconduct; or malfeasance in office, or for having more than two unexcused absences, or four excused absences during a twelve-month period. Section 6. Meetings Conducted in Accordance with the Ralph M. Brown Act. Meetings of the Estudillo Mansion Committee shall be held in accordance with the Ralph M. Brown Act of the State of California to insure that all meetings are open to the public, that items to be discussed are included on an agenda which is posted a minimum of 72 hours in advance of a Committee meeting, and that there is opportunity for members of the public to address the Committee during meetings. Section 7. Organization. The Estudillo Mansion Committee shall elect a chair from its members. The Committee shall elect its own vice -chairperson and create and fill such other offices as it may determine it requires. The vice - chairperson shall preside in the absence of the chairperson. The Estudillo Mansion Committee shall hold meetings as required. A majority of the members of the Committee shall constitute a quorum. The Committee shall adopt rules for transaction of business and shall keep a written record of meetings, transactions, and findings which shall be a public record. Section 8. Subcommittees of the Committee. The Committee may organize into subcommittees in order to achieve its purpose. The chairpersons of these subcommittees shall be members of the Committee. Additional persons may be recruited to serve on the subcommittees. Section 9. Voting. A majority vote of a quorum of the Estudillo Mansion Committee shall be necessary to legally act on any matter before the Commission. Section 10. Conflict of Interest. Each member of the Committee may vote on all questions put to the Committee unless a conflict of interest or an appearance fairness question under state law is present. Section 11. Funding. The City of San Jacinto may provide financial support from its annual operating budget to the Estudillo Mansion Committee for its work and activities. Section 12. Staff Support. The City's Redevelopment Operations Manager or designee shall be staff liaison to support Committee tasks. vote: Approved and adopted this 6th day of September, 2001, by the following -2- Ayes: Ayres, Carlson-Buydos, Good, Williams Noes: None Absent: Conner Abstain None Attest: Susan Matthew, City Clerk Patrick A. Williams, Mayor From: GtevenPaoarow To: Ballinger, Jeffery; Hu|to, Tim; Williams, Randy Subject: ERN/MPJR, Inc. (Mackey Parcel) As|understood the Agency's intentions for the Mackay Parcel, they requested that the following points be transmitted to Mackay by the Agency in order to continue with the negotiation process on these parcels. 1)The ERN to be executed by buyer within (insert # days) "to start the clock dcking".(no more free time, buyer either wants todothe deal ornot since the Agency has other offers coming in). Deposit for the first six months of the ERN shall be due and payable with the executed agreement. (title issues on the parcels to be cleared during escrow not during the ERN period; deposit to be non-refundable, unless clear title cannot be conveyed to buyer by Agency, the unused portion of deposit shall bereturned tobuyer). 2) Buyer shall demonstrate toAgency during the first six month periodofthe ERN that aconcerted effort is being made to acquire additional parcels necessary to complete an integrated development. Buyer's performance measures should include . |E. letter of interest, and purchase offer to be sent to owners of non -agency owned parcels, appraisals of these properties made at buyer's cost, if possible escrows should beopened bybuyer for the acquisition ofnon-Agency owned parcels. Performance measures may include marketing of parcels to "end users" however, the Agency is interested in Mackay taking down the parcels whether ornot they have anend user online. 3) Purchase price of Agency parcels to be determined at the initiation of the DDA process based upon a new Agency appraisal of the parcels. 4) Buyer shall prepare a preliminary site plan (master plan) showing an integrated site development including the Agency and non -Agency owned parcels. All other aspects ofthe ERN shall remain unchanged. If there are other points that | missed, please let me know but this is what | picked up at the meeting. Steven. Overview of Purchase; :fers for NE Corner Commo ealth & San Jacinto Ave Site Information: Location: Existing Conditions: NEC Commonwealth and San Jacinto, APN 439-110-055 Approximately 1.98 acres net, 2.27 Gross Vacant Land, C-2 Zoning, Community Commercial General Plan Designation Appraised Value: $260,000 as of July, 2001, $280,000, Fall of 2002 Previous Offers: $ 75,000 from Denny's, $130,000 from Gary Spates and Paula Lawrence, $260,000 from Baker's Current Accepted Offer: $300,000 with Jacobs Development Current Alternative Offers: $525,000 for the NE comer exclusively, $627,300 for NE Comer and nearby agency property. Both offers from PSI —Pacific Southwest Investments Background: Over the past two years several offers from private parties to acquire the northeast corner of San Jacinto Ave and Commonwealth have been tendered to the agency. An exclusive right to negotiate offer from Jacobs Development, a principal party to the Walmart project across the street, was agreed to in principle. The offer was considered more favorable, by the Agency Board, than other pending offers because the principals expressed interest in pursuing adjoining sites and developing a larger and more cohesive development with Walmart. After several months of addressing title issues and formalizing a contract, the exclusive right to negotiate was submitted to the Agency for approval in May. No apparent progress had been made by Jacobs Development in acquiring the adjoining parcels during this time and substantial higher offers had been received. The Agency decided to postpone final approval of the ERN and research what progress has been made by Jacobs Development in acquiring the adjoining parcels and investigate the legitimacy of the recent offer by PSI. Staff inquired with Dennis Mackey, Senior Vice President of Jacobs Development, what progress had been made with the adjoining parcels and their response was: • They wanted to secure the ERN and their rights to the NE Corner of San Jacinto & Commonwealth before investing time and money on acquiring adjoining parcels. • They have been working with prospective end users regarding the potential sites and wanted to secure their interest before acquiring the property. • They have a long standing relationship with the property owners of a 3 acre site fronting Commonwealth, not far from the NE corner, and anticipate an amicable acquisition upon finding an end user. ■ They have recently hired Grubb & Ellis to start marketing the site Staff requested a history of developments and background of principals from PSI. PSI sent a letter with a list of past and current projects, but no background of the principals. They also raised their offer on the NE corner from the mid $400,000 to $525,000 and a separate offer to acquire adjoining Agency properties for an additional $102,300 or $627,300. Attachments: Marketing Flyer by Grubb & Ellis for Jacobs Development. Offers and Company Background Information from PSI or Community Shopping Cen er San Jacinto, California _..o Pads & Shops Available For more information, contact Sandie Smith Senior Associate 909.418.2033 sandie.smith@cbre.com Angie Nett Senior Marketing Spedalist 909.418.2058 angie.nett@cbre.com CB Richard Ellis, Inc. 4141 Inland Empire Blvd., Suite 100 Ontario, CA 91764 main: 909.418.2000 fax: 909.418.2100 SEC & NEC OF SAN JACINTO STREET & COMMONWEALTH AVENUE SAN JACINTO, CALIFORNIA PREMISES: Free -Standing Pads Shops ± 1,000 - ±6,200 SF AVAILABILITY: Pads-3rd Qtr 2005 Shops-4th Qtr 2005 www.cbre.com CBRE DEMOGRAPHICS 2003 Est. Population 3 miles: 86,691 5 miles: 121,065 2003 Est. Avg. Family Household Income 3 miles: $46,604 5 miles: $50,150 AMENITIES Anchored by Major Discount Department\ Grocery Store Co -Tenants: Walgreens and Wendy's High -Growth Residential ±11,260 Units* Planned *Source: City of San Jacinto CB RICHARD ELLIS 2004 EB Rkhard Ellis, Inc. lhe information above has been obtained from sources bettered reliable. While we do nal doubt ih accuracy, we have not verified it and ncke no guarantee, warranty or represenahon about it. it is your resr onslblity a independently confirm ih accuracy and completenes. Any pnajedfons, opinions, assumptions or estineles used are for example only and do not represent the current or future pedatnence of the property. The value of this transaction to you depends on lax and other factors which should be evoluated by your tax, financial and legal odvisors. You and your odvisors should conduct a careful, independent irreestiealion of the property to determine to your satisfaction the suitobilgy of the property for your needs. May 15, 2004 Mr. Tim Hults Mr. Randy Williams Community Development Department City of San Jacinto 201 E. Main Street San Jacinto, California 92583 RE: NEC San Jacinto Street and Commonwealth Avenue, San Jacinto, California Letter of Intent to Purchase dated May 15, 2004 by Joe Konars and Steve Satkowiak Gentlemen, Per our recent telephone discussion, I am sending this revised Letter of Intent to register our interest in purchasing the above referenced property currently owned by the Redevelopment Agency of the City. We have developed, sold and leased retail commercial properties in Southern California since the mid 70's. We acquire only a few properties each year at the direction of those tenants we are working with. This allows us to conduct our business in a preferred style . A recent development in the adjacent City of Hemet included Pep Boys Automotive Service Center and Burger King Restaurant. A copy of the flyer prepared in marketing the site is attached. We have long standing relationships with several major retail tenants as well, including Goodyear Tire and Rubber Company, 7-11 Food Stores, EZ Lube, to name a few. In response to your request for a history of developments, I am enclosing three pages with an asterisk (*) denoting those projects currently under construction with a rendering of an EZ Lube project in San Marino, California. The services of Laurich Properties, whose principal offices are located in Las Vegas, Nevada and Rancho Mirage, California have been utilized on occasion. You may wish to visit their web site at www.laurichproperties.com I trust the attached documentation will meet with our acceptance and approval. We look forward to working with you on this project.. Sincerel CIE CO M LJ ; Irv` L PACIFIC SOUTHWESTERN INVESTMENTS 629 Edith Way Long Beach, CA 90807 (562) 981-0957 fax (562) 981-0487 joekonars@charter.net v ENT JOE B. KONARS Completed Projects and under construction* 1987 through April 2004 1. Mobil Oil Service Station 16925 Foothill Boulevard, Fontana 2. Exxon Oil Company — Service Station 8900 Beverly Boulevard, Whittier 3. Midas Muffler 215 N. Azusa Avenue, W Covina 4. 7-11 Market West Ramsey Street, Banning 5. 7-11 Market 1594 W. 7th Street, Upland 6. 7-11 Market 17710 Foothill Blvd. Fontana 7. 7-11 Market-PWS Laundry -Pioneer Take Out, Chevron Service Station 855 West Alosta Avenue, Glendora 8. Bob's Big Boy Restaurant -Exxon Oil Company Service Station -El Polio Loco — Office Building Oxnard / Saviers Road, Oxnard 9. Goodyear Tire and Rubber Service Center 801 Lincoln, Venice 10. Carl's Jr. — Goodyear Service Center 1415 Diamond Bar Boulevard, Diamond Bar 11. International House of Pies 1200 Baldwin Avenue, Arcadia 12. International House of Pies 10580 Lakewood Blvd. Downey 13. Goodyear Tire Center 9100 Firestone Blvd. Downey 14. Taco Bell — Winston Tire 13000 Telegraph Road, Santa Fe Springs 15. LaViccio's Market 200 E. La Veta, Orange 16. 7-11 / Chief Auto Parts 4417 E. Rosecrans Avenue, Compton 17. 7-11 Food Store — Chief Auto Parts 5621-23 Mission Boulevard, Rubidoux 18. Pep Boys — Burger King 2050 W. Florida Avenue, Hemet 19. El Pollo Loco -Burger King 14325-14329 Lakewood Boulevard, Downey 20. Pep Boys 9350 Whittier Boulevard, Pico Rivera 21. Pep Boys 4645 Pacific Coast Highway, Long Beach 22. * Farmer Boys Restaurant 81951 Highway #111, Indio 23. Wendy's Hamburgers 187 Mountain Avenue, Upland 24. Pep Boys 6800 Warner Avenue, Huntington Beach 25. Pep Boys 4046 Grand Avenue, Chino 26. Van's Athletic Shoes Moreno Valley 27. Van's Shoes — Taco Bell 11620 Imperial Highway, Norwalk 28. Pep Boys 1240 N. Azusa Avenue,. Covina 29. Carl's Jr. Restaurant Palmdale 30. Conroys Flower Shops 12565 Lakewood Boulevard, Downey 31. Econo-Lube N Tune- Conroys 14229 Imperial Highway, La Mirada 32. Pay Less Shoe Source 10801 Hawthorne Boulevard, Lennox 33. 7-11— Beauty Supply — Food 913 S. Prairie Avenue, Inglewood 34. 7-11 Food Store 1100 S. La Brea Avenue, Inglewood 35. 6 Unit Apartment Complex 3722 Howard Street, Los Alamitos 36. Residence 18802 Mauna Loa, Azusa 37. Single Family Residence 110 Country Club Road, Glendora 38. Single Family Residence 30 Corinthian Walk, Long Beach 39. Single Family Residence 2721 Hidden Hills Way, Corona 40. Winchell Donut House Balboa Boulevard at A Street, Newport Beach 41. EZ Lube 8122 Masi Drive, Rancho Cucamonga 42. EZ Lube 305 N. Citrus Street, Covina 43. Auto Zone 211 N. Katella Avenue, Orange 44. EZ Lube 18544 Ventura Boulevard, Tarzana 45. EZ Lube 4359 Sunset Boulevard, Los Angeles 46. *EZ Lube 2995 Huntington Drive, San Marino 47. *EZ Lube 3232 E. Chapman Avenue, Orange LETTER OF INTENT THIS LETTER OF INTENT TO PUCHASE REAL PROPERTY is made and entered into this 15th day of May 2004 and constitutes an agreement by which Joe Konars and Steve Satkowiak, (Buyers) and the Re -Development Agency and City Council of the City of San Jacinto (Sellers) agree to buy and sell the subject real property on the terms and conditions essentially as set forth herein. The property consists of approximately 86,248 square feet of net building area and is described as the North East Corner of San Jacinto Street and Commonwealth Avenue, in the City of San Jacinto, Riverside County, California. The property is also referenced as Riverside County Assessor's number #439- 110-093, together with all rights, easements, licenses, permits, benefits, improvements, betterments, accretions and interests appurtenant thereto (collectively the Property) upon which to develop, maintain and operate a 3,500 square foot Restaurant with Drive Thru provision and patio dining area and approximately 15,000 square feet of commercial office, retail and accessory uses including parking, landscape and signage as approved by the parties and the city of San Jacinto's planning and building department. 1. PURCHASE PRICE: Five hundred twenty-five thousand and no/100 Dollars ($525,000.00) DEPOSIT: Ten Thousand and no/100 Dollars ($10,000.00) into interest bearing account with escrow holder. This deposit shall remain refundable to buyer until the expiration of the contingency period. CLOSING FUNDS: At close of escrow buyer shall deposit in cash or certified funds the balance of the purchase price plus buyers estimated closing costs, pro -rations and charges. 2. ESCROW: The parties shall enter into an escrow with First American Title Insurance Company. 3. CLOSE OF ESCROW: The date a Grant Deed is recorded in the name of the Buyer. Close shall occur on or before 8-31-2004. 4. CONDITION OF TITLE: As approved in writing by Buyer within ten (10) days of its receipt of a preliminary title report, including legible copies of all covenants, conditions, restrictions, easements and rights of way of record. 5. TITLE POLICY: Title shall be evidenced by the willingness of the title company to issue its ALTA Extended coverage form policy of Title Insurance in the amount of the purchase price showing title vested in Buyer, subject to the approved condition of title. 6. CONTINGENCIES TO CLOSE OF ESCROW: (a) Buyers approval of the legal description of the premises and matters disclosed by all title documents delivered to buyer at sellers expense, including a preliminary title commitment to issue its ALTA form policy dated after the date of this agreement. (b) Buyers approval of An ALTA survey of the property. (c) Buyers approval of a color coded map Page 2 May 15, 2004 Tim Hults Randy Williams plotting all easements disclosed by the title commitment and or survey. (d) Buyers approval of Restrictions imposed by the Agency, if any, not yet recorded.. (e) Inspections and Studies. On or before the expiration of the contingency period buyer shall have approved the results of any and all inspections, investigations, tests, and studies, including without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections and approvals, engineering tests, economic feasibility studies and soils, seismic and geologic reports) with respect to the property as buyer may elect to make or obtain. The costs of all inspections and tests shall be borne by buyer. Buyer shall have the right to enter the premises for purposes of conducting such inspections and tests. (e) Buyers ability to obtain all building and sign permits required by buyer for its intended use of the property. (f) IN THE EVENT BUYER HAS NOT SATISFIED ITSELF WITH RESPECT TO THE PROPERTY AND CONDITIONS TO ITS DEVELOPMENT ON OR BEFORE SIXTY (60) DAYS FOLLOWING MUTUAL EXECUTION OF THIS LETTER, THIS AGREEMENT SHALL TERMINATE AUTOMATICALLY. In the event of such termination, Escrow Holder shall return the initial deposit to buyer plus accrued interest and neither buyer or seller shall have any further or continuing obligation to the other. 7. COSTS AND EXPENSES. The title policy shall be paid by Seller, except that the cost of the ALTA shall be paid by buyer. Escrow fees shall be shared equally. Seller to pay all transfer taxes. Taxes and assessments shall be pro -rated to close of escrow. 8. HAZARDOUS WASTE — SEISMIC ZONE: To the best of sellers knowledge and belief AND without investigation, there is no evidence of contamination , hazardous waste or toxic substances in existence on or below the surface of the land, nor is the property within a DELINEATED SPECIA STUDIES ZONE that encompasses a potentially or recently active trace of an earthquake fault. 9. LEGAL FEES: In the event legal action is commenced by any party to this agreement against the other, to enforce the provisions hereof, the prevailing party shall be entitled to have and recover from the other party all costs and expenses of suit including reasonable attorney fees. 10. BROKERAGE FEES: NONE. PURCHASER IS A LICENSED REAL ESTATE BROKER PURCHASING FOR HIS OWN ACCOUNT Page 3 May 15, 2004 Tim Hults Randy Williams 11. FINANCING CONTINGENCY: NONE. 12. Sellers warrant that there are no leases in effect oral or written and that exclusive possession shall be given buyer at close. 13. NO RESTRICTIONS: There shall be no restrictions, requirements, prohibitions, or limitations imposed against the property without buyers written approval following acceptance hereof. 13. Sewer. Seller warrants purchasers ability to connect to the municipal sewer system as required with payment of customary connection charges. 14. Expiration: This letter shall expire by its own terms on May 31, 2004. A formal offer to purchase shall be prepared by purchaser containing the provisions hereof and such other terms and provisions as contained in similar contracts for the purchase of Real Property upon acceptance by seller. This letter is our letter of intent or agreement. It is intended as a discussion of terms leading to a mutually agreeable form of purchase contract. We look forward to working with you, the Agency and Planning Staff on this transaction. If you have any questions or need further information, please feel free to call me. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Steve Satkowiak Page 4 May 15, 2004 Tim Hults Randy Williams Approved and Accepted this day of May , 2004 Tim Hults Community Development Director City of San Jacinto, California I sincerely appreciate your timely response to this letter and will make myself available personally or by telephone to discuss any issue with you. Please contact the undersigned with your intention to proceed with this transaction. Sincerely, MENT Mr. Tim Hults Mr. Randy Williams Community Development Department City of San Jacinto 201 E. Main Street San Jacinto, California 92583 May 25, 2004 RE: NEC San Jacinto Street and Commonwealth Avenue, San Jacinto, California Revised Letter of Intent to Purchase dated May 25, 2004 by Joe Konars and Steve Satkowiak Gentlemen, Per our recent telephone discussion, I am sending this revised Letter of Intent to register our interest in purchasing the above referenced property currently owned by the Redevelopment Agency of the City. We have developed, sold and leased retail commercial properties in Southern California since the mid 70's. We acquire only a few properties each year at the direction of those tenants we are working with. This allows us to conduct our business in a preferred style . A recent development in the adjacent City of Hemet included Pep Boys Automotive Service Center and Burger King Restaurant. A copy of the flyer prepared in marketing the site is attached. We have long standing relationships with several major retail tenants as well, including Goodyear Tire and Rubber Company, 7-11 Food Stores, EZ Lube, to name a few. In response to your request for a history of developments, I am enclosing three pages with an asterisk (*) denoting those projects currently under construction with a rendering of an EZ Lube project in San Marino, California. The services of Laurich Properties, whose principal offices are located in Las Vegas, Nevada and Rancho Mirage, California have been utilized on occasion. You may wish to visit their web site at www.laurichproperties.com I trust the attached documentation will meet with our acceptance and approval. We look forward to working with you on this project.. PACIFIC SOUTHWESTERN INVESTMENTS 629 Edith Way Long Beach, CA 90807 (562) 981-0957 fax (562) 981-0487 joekonars@charter.net LETTER OF INTENT THIS LETTER OF INTENT TO PUCHASE REAL PROPERTY is made and entered into this 25th day of May 2004 and constitutes an agreement by which Joe Konars and Steve Satkowiak, (Buyers) and the Re -Development Agency and City Council of the City of San Jacinto (Sellers) agree to buy and sell the subject real property on the terms and conditions essentially as set forth herein. The property consists of approximately 106,708 square feet of net land area and is described as the North East Corner of San Jacinto Street and Commonwealth Avenue, in the City of San Jacinto, Riverside County, California. The property is also referenced as Riverside County Assessor's numbers #439-110-093, #439- 110-025, #439-110-031 and #439-110-32 together with all rights, easements, licenses, permits, benefits, improvements, betterments, accretions and interests appurtenant thereto (collectively the Property) upon which to develop, maintain and operate a 3,500 square foot Restaurant with Drive Thru provision and patio dining area and approximately 15,000 square feet of commercial office, retail and accessory uses including parking, landscaping and signage as approved by the parties and the city of San Jacinto's planning and building department. 1. PURCHASE PRICE: Six hundred twenty-seven thousand three hundred and no/100 Dollars ($627,300.00) DEPOSIT: Ten Thousand and no/100 Dollars ($10,000.00) into interest bearing account with escrow holder. This deposit shall remain refundable to buyer until the expiration of the contingency period. CLOSING FUNDS: At close of escrow buyer shall deposit in cash or certified funds the balance of the purchase price plus buyers estimated closing costs, pro -rations and charges. 2. ESCROW: The parties shall enter into an escrow with First American Title Insurance Company. 3. CLOSE OF ESCROW: The date a Grant Deed is recorded in the name of the Buyer. Close shall occur on or before 8-31-2004. 4. CONDITION OF TITLE: As approved in writing by Buyer within ten (10) days of its receipt of a preliminary title report, including legible copies of all covenants, conditions, restrictions, easements and rights of way of record. 5. TITLE POLICY: Title shall be evidenced by the willingness of the title company to issue its ALTA Extended coverage form policy of Title Insurance in the amount of the purchase price showing title vested in Buyer, subject to the approved condition of title. 6. CONTINGENCIES TO CLOSE OF ESCROW: (a) Buyers approval of the legal description of the premises and matters disclosed by all title documents delivered to buyer at sellers expense, including a preliminary title commitment to issue its ALTA form policy dated after the date of this agreement. (b) Buyers approval of An ALTA survey of the property. (c) Buyers approval of a color coded map Page 2 May 15, 2004 Tim Hults Randy Williams plotting all easements disclosed by the title commitment and or survey. (d) Buyers approval of the provisions of a Disposition and Development Agreement by the Agency, if any, not yet recorded. (e) Inspections and Studies. On or before the expiration of the contingency period buyer shall have approved the results of any and all inspections, investigations, tests, and studies, including without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections and approvals, engineering tests, economic feasibility studies and soils, seismic and geologic reports) with respect to the property as buyer may elect to make or obtain. The costs of all inspections and tests shall be borne by buyer. Buyer shall have the right to enter the premises for purposes of conducting such inspections and tests. (e) Buyers ability to obtain all building and sign permits required by buyer for its intended use of the property. (f) IN THE EVENT BUYER HAS NOT SATISFIED ITSELF WITH RESPECT TO THE PROPERTY AND CONDITIONS TO ITS DEVELOPMENT ON OR BEFORE SIXTY (60) DAYS FOLLOWING MUTUAL EXECUTION OF THIS LETTER, THIS AGREEMENT SHALL TERMINATE AUTOMATICALLY. In the event of such termination, Escrow Holder shall return the initial deposit to buyer plus accrued interest and neither buyer or seller shall have any further or continuing obligation to the other. 7. COSTS AND EXPENSES. The title policy shall be paid by Seller, except that the cost of the ALTA shall be paid by buyer. Escrow fees shall be shared equally. Seller to pay all transfer taxes. Taxes and assessments shall be pro -rated to close of escrow. 8. HAZARDOUS WASTE — SEISMIC ZONE: To the best of sellers knowledge and belief AND without investigation, there is no evidence of contamination , hazardous waste or toxic substances in existence on or below the surface of the land, nor is the property within a DELINEATED SPECIA STUDIES ZONE that encompasses a potentially or recently active trace of an earthquake fault. 9. LEGAL FEES: In the event legal action is commenced by any party to this agreement against the other, to enforce the provisions hereof, the prevailing party shall be entitled to have and recover from the other party all costs and expenses of suit including reasonable attorney fees. 10. BROKERAGE FEES: NONE. PURCHASER IS A LICENSED REAL ESTATE BROKER PURCHASING FOR HIS OWN ACCOUNT Page 3 May 15, 2004 Tim Hults Randy Williams 11. FINANCING CONTINGENCY: NONE. 12. Sellers warrant that there are no leases in effect oral or written and that exclusive possession shall be given buyer at close. 13. NO RESTRICTIONS: There shall be no restrictions, requirements, prohibitions, or limitations imposed against the property without buyers written approval following acceptance hereof. 13. Sewer. Seller warrants purchasers ability to connect to the municipal sewer system as required with payment of customary connection charges. 14. Expiration: This letter shall expire by its own terms on May 31, 2004. A formal offer to purchase shall be prepared by purchaser containing the provisions hereof and such other terms and provisions as contained in similar contracts for the purchase of Real Property upon acceptance by seller. This letter is our letter of intent or agreement. It is intended as a discussion of terms leading to a mutually agreeable form of purchase contract. We look forward to working with you, the Agency and Planning Staff on this transaction. If you have any questions or need further information, please feel free to call me. IN WITNESS WHEREOF, the parties hereto have executed this agreement as o e dy and year first above written. Page 4 May 15, 2004 Tim Hults Randy Williams Approved and Accepted this day of May , 2004 Tim Hults Community Development Director City of San Jacinto, California I sincerely appreciate your timely response to this letter and will make myself available personally or by telephone to discuss any issue with you. Please contact the undersigned with your intention to proceed with this transaction. Sincerely, PHONE NO. : 310 438 0713 Jun. 02 2004 11:18AM P1 ' '`` AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY June 3, 2004 Immediately Following the Regular City Council Meeting 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 CaII 2. PUBLIC COMMENTS Now is the time for the public to address the Agency on any subject not listed on the agenda. Any person may address the Agency on any subject pertaining 10 Redevelopment Agency business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS: None 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. None 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION Redevelopment Agency Agenda June 3, 2004 Page 2 of 2 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATO>S California Government Code Section 54956.8 Property: Assessor Parcel Number (APN) 439-110-093 Agency Negotiator: Peter A. Cosentini, RDA Executive Director Negotiating Parties* Joe Meyer doing business as San Jacinto LLC Under Negotiation: Price and Terms of Payment 8. ADJOURNMENT 9. Dowdy 4. eifogi.coAd. Secnetaary ad else Sao %ari'sto Redevelahment /Igeec . do luaedcy curtyjq flat 1 canoed to de ;tooted du kneyaiwy agend41 tlse2rtic day ad Nay 2004. out 'teguD ed 4 lac.. Pasarovv - ERN/MPJR, Inc. (Mackey Parcel) Page 1 From: "Steven Pasarow" <spasarow@sanjacintoca.us> To: <jsballenger@bbklaw.com>, "Randy Williams" <rwilliams@sanjacintoca.us>, "Tim Hults" <thults@sanjacintoca.us> Date: 6/4/04 9:22AM Subject: ERN/MPJR, Inc. (Mackey Parcel) Jeff, As I understood the Agency's intentions for the Mackay Parcel, they requested that the following points be transmitted to Mackay by the Agency in order to continue with the negotiation process on these parcels. 1) The ERN to be executed by buyer within (insert # days) "to start the clock ticking", (no more free time, buyer either wants to do the deal or not since the Agency has other offers coming in). Deposit for the first six months of the ERN shall be due and payable with the executed agreement. (title issues on the parcels to be cleared during escrow not during the ERN period; deposit to be non-refundable, unless clear title cannot be conveyed to buyer by Agency, the unused portion of deposit shall be returned to buyer). 2) Buyer shall demonstrate to Agency during the first six month period of the ERN that a concerted effort is being made to acquire additional parcels necessary to complete an integrated development. Buyer's performance measures should include , IE, letter of interest, and purchase offer to be sent to owners of non -agency owned parcels, appraisals of these properties made at buyer's cost, if possible escrows should be opened by buyer for the acquisition of non -Agency owned parcels. Performance measures may include marketing of parcels to "end users" however, the Agency is interested in Mackay taking down the parcels whether or not they have an end user on line. 3) Purchase price of Agency parcels to be determined at the initiation of the DDA process based upon a new Agency appraisal of the parcels. 4) Buyer shall prepare a preliminary site plan (master plan) showing an integrated site development including the Agency and non -Agency owned parcels. All other aspects of the ERN shall remain unchanged. If there are other points that I missed, please let me know but this is what I picked up at the meeting. Steven. AGENDA MINUTES REGULAR MEETING OF THE SAN JACINTO REDEVELOPMENT AGENCY :TUNE 17, 2004 9;38 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to. Order Vice Chairman Chris Carlson-Buydos, called the Regular Meeting of the San Jacinto Redevelopment Agency to order at 9:55 p.m. Roll Call Present: Carlson-Buydos, Conner, Shaw, Stubblefield. Absent: Ayres PUBLIC COMMENTS" None PUBLIC HEARING None CITY DEPARTMENTS CONSENT CALENDAR 5:1 May 20, 2004 Regular Meeting Minutes / Approve /Agency Secretary 52 June 3 2004 Regular Meeting Minutes / Approve / Agency Secretary `S/C (Stubblefield / Conner) moved to approve Consent Calendar Items 5.1 and 5.2 as presented. Motion carried 4/0. Ayes: Conner, Shaw, Stubblefield, Carlson-Buydos Nays: None Redevelopment Agency Minutes June 17, 2004 Page 2 of 2', Absent: Ayres Abstain: None CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None OPEN SESSION ANNOUNCEMENTS CLOSED SESSION 8. ADJOURNMENT With no further business before the Agency, Vice Chairman Carlson-Buydos adjourned the San Jacinto Redevelopment Agency meeting at 9:39 p.m. San Jacinto Redevelopment Agency by Jim Ayres, Chairman ATTEST: Dorothy L. Chouinard, Agency'Secretar MINUTES REGULAR MEETING OF THE SAN JACINTO REDEVELOPMENT AGENCY JUNE 17, 2004 9:38 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order Vice Chairman Chris Carlson-Buydos, called the Regular Meeting of the San Jacinto Redevelopment Agency to order at 9.55 p.m. roY- 1:2 Roll Call Present: Carlson-Buydos Conner, Shaw, Stubblefield Absent: Ayres PUBLIC COMMENTS None PUBLIC HEARING: None CITY DEPARTMENTS CONSENT CALENDAR 5.1 May 20, 2004 Regular Meeting Minutes / Approve / Agency Secretary 5.2 June 3, 2004 Regular Meeting Minutes / Approve / Agency Secretary SIC (Stubblefield / Conner) moved to approve Consent Calendar Items 5.1 and 5.2 as presented. Motion carried 4/0. Ayes: Conner, Shaw, Stubblefield, Carlson-Buydos Nays: None Redevelopment Agency Minutes. June 17, 2004 Rage 2 of 2 Absent: Ayres Abstain: None CHAIRPERSON / MEMBER REPORTS DISCUSSIONS None OPEN SESSION ANNOUNCEMENTS CLOSED SESSION 8. ADJOURNMENT With no further business before the Agency, Vice Chairman Carlson-Buydos adjourned the San Jacinto Redevelopment Agency meeting at 9:39 p.m. San Jacinto Redevelopment Agency by Jim Ayres, Chairman ATTEST: Dorothy L. Chouinard, Agency Secre AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND JOINT MEETING WITH SOBOBA BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA JUNE 17, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order 1.2 Roll CaII 1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Business Spotlight of the Month / Quast Tree Service, Tom Quast -- Recipient / Economic Development Specialist 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. JOINT MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SOBOBA COUNCIL OF THE BAND OF LUISENO MISSION INDIANS OF THE SOBOBA RESERVATION, CALIFORNIA 3.1.1 Community Development Issues / Opportunities and Objectives / Discussion and Direction / City Council requested 3.1.2 Domenigoni Property / Discussion and Direction / Soboba Council requested City Council Amended Agenda June 17, 2004 Page 2 of 5 3.1.3 Greater Horse Shoe Property / Discussion and Direction / Soboba Council requested 3.1.4 Horse Shoe Property / Negotiate agreement to mitigate City's concerns for City's support of Horse Shoe Property Application / Discussion and Direction / City Manager requested 3.1.5 Soboba Sign Project and City Sign Ordinance / Discussion and Direction / Soboba Council requested 4. PUBLIC HEARING 4.1 Annexation of Property to Landscaping, Lighting and Park District No. 2 — (LLPD No. 2) Annexation No. 18 — APNs 435-071-013, 435-040-016, 435-055-055 / City Attorney 1 4.1.1 Resolution No. / A Resolution initiating proceedings for the Annexation of property into LLPD No. 2 — Annexation No. 18 ? Approve and Adopt 4.1.2 Resolution No. _ / A Resolution approving the Engineer's Report for the annexation of property to LLPD No. 2 — Annexation No. 18 / Approve and Adopt 4.1.3 Resolution No. _ / A Resolution declaring intention to annex property into LLPD No. 2 - Annexation No. 18 / Approve and Adopt / 4.1.4 Public Hearing - If the City Council determines that a majority protest does not exist, approve and adopt Resolution No. / A Resolution ordering annexation of territory to LLPD No. 2 (Annexation No. 18) and levying assessments CITY DEPARTMENTS 5.1 Resolution No. / A resolution certifying the results of an election and adding property to Community Facilities District No. 2003-1- Annexation No. 4 / Approve and Adopt / Special Tax Consultant and City Attorney 5.2 City Attorney Retainer Agreement with Best Best & Krieger LLP / Approve and Authorize City Manager to execute agreement / City Attorney City Council Amended Agenda June 17, 2004 Page 3 of 5 5.3 Lake Park Drive Well / Modifications to pumping capacity / Approve upgrades to the pumping capacity of Lake Park Drive Well and Appropriate additional funding in the amount of $200,000 for pump, stand-by generator, and motor control center / City Engineer 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 and address, and the consent calendar item number, , . Speakers should. limit comments to three (3) minutes, 6.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 06/17/04 / Approve / Finance Director 6.2 Memorandum of Understanding regarding preparation of Water Management Plan for the Hemet/San Jacinto Management Plan / Robert W. Hargreaves, City Attorney - Special Counsel for Water Matters and City Manager 6.3 Resolutions regarding the November 2, 2004 Consolidated Election / City Clerk 6.3.1 Resolution No. / A Resolution of the City Council of the City of San Jacinto calling a General Municipal Election on November 2, 2004 / Approve and Adopt 6.3.2 Resolution No. / A Resolution of the City Council of the City of San Jacinto adopting regulations for the candidates for elective office, pertaining to the electorate and the costs thereof for the General. Municipal Election on November 2, 2004 / Approve and Adopt 6.4 Resolution No. / A resolution reducing the Estudillo Mansion Committee Members from nine to seven / Approve and Adopt / Community Development Director 6.5 Conflict of Interest Code / City Manager or his designee to review code, file a statement of review with City Clerk, and have Code revised as necessary / Direct / City Manager 6.6 Police Officers. Association and Sergeants Association negotiated contract for severance / Approve $300,000 appropriation from General Fund / City Manager City Council Amended Agenda June 17, 2004 Page 4 of 5 6.7 Notice of Completion - Downtown Improvements / Approve and Authorize release of retention in the amount of $62,249.10, thirty (30) days after recordation of the Notice of Completion / City Engineer 6.8 Notice of Completion — First and Seventh Street Sidewalks and Miscellaneous Improvements / Approve and Authorize release of retention in the amount of $40,031.00 thirty (30) days after recordation of the Notice of Completion / City Engineer 6.9 Irrevocable Offers of Dedication of Rights -of -Way — Seventh and Sanderson Avenue / Accept Irrevocable Offers of Dedication for the northeast, northwest, and southwest corners of Seventh. Street and Sanderson Avenue to accommodate the traffic signal installation by Lennar Communities associated with T30462 / City Engineer 6.10 Resolution No. / A resolution authorizing City Manager or Finance Director to execute escrow agreement for security deposits in lieu of retention and authorizing establishment of an annual administration fee for all new escrow agreements for security in lieu of retention / Approve and Adopt / Finance Director 6.11 Landscaping, Lighting, and Park District No. 1 (LLPD No. 1) Accept the Engineer's Report for LLPD No. 1 / Approve and Adopt Resolution No. _ / A Resolution declaring the City's intention to levy and collect assessments within LLPD No. 1 for Fiscal Year 2004-2005 and giving NOTICE of setting the time and place of the hearing on the levy of the proposed assessment / Finance Director 6.12 Notice and Call for Special Meeting of the San Jacinto City Council June 30, 2004 / Receive and File / City Clerk MAYOR / COUNCIL MEMBER REPORTS/ DISCUSSIONS 7.1 Committee and / or Agency Agendas / Receive and File / City Clerk 8. CLOSED SESSION 8.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 431-110-008 Agency negotiator: City Manager Negotiating parties: City of San Jacinto and Rocky Glen LLC Under negotiation: Price and Terms 8. ADJOURNMENT City Council Amended Agenda June 17, 2004 Pace 5 of 5 If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts.is•vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. 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. �. Vatotiff efeueffaftet, et..4 4de 044Sao ,O . ceo 4ze4 eexte.0 derTeaudedre ‘vieeleigf clew& da 144day 4 paw, 2004 as lefabled 4 tw. AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY June 17, 2004 Immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order 1.2 Roll Call . PUBLIC COMMENTS None PUBLIC HEARING: Now is the time for the public to address the. Agency on any subject not listed on the agenda. Any person may address the Agency on any subject pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the. Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. CITY DEPARTMENTS None. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation ofthe Agency Chairman; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 May 20, 2004 Regular:IVleeting Minutes / Approve /Agency Secretsr Redevelopment Agency Agenda June 17, 2004 Paae2of2 5.2 June 3, 2004 Regular Meeting Minutes / Approve / Agency Secreta CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None OPEN SESSION ANNOUNCEMENTS CLOSED SESSION ADJOURNMENT . Volot4 4. e oaiKand, Sevicetunay the Sacs Peeeto Redeoela urseect rl?gexeryi do lady ce'e4q da 2 *laded meted tiePvtereaci afeoda rite lle daq o pa.te. 2004, as neeaozed 4 taro.