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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 11/19/1991E AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY DATE: November 19, 1991 TIME: 6:00 P.M. PLACE: COMMUNITY CENTER 625 South Pico San Jacinto, California 1.0 ORDER OF BUSINESS Closed Session - School Fees 2.0 ADJOURN I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this 15th day of November, 1991, as required by law. Maurice Armster, City Clerk Deputy City Clerk AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY DATE: November 19, 1991 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 South Pico San Jacinto, California 1.0 CALL TO ORDER Roll Call Moment of Silence for Reflection Pledge of Allegiance 2.0 REDEVELOPMENT AGENCY City Council will convene in session as the Redevelopment Agency 2.1 School Fees Urgency Ordinance and Cooperative Agreement RECOMMENDATION: Acting in the capacity as the City Council and the Redevelopment Agency adopt Resolutions No. and RDA No. approving Cooperative Agreement regarding School Facilities Construction; Acting as the City Council waive the full reading of Urgency Ordinance No. and read by title only regarding financing school facilities; adopt Urgency Ordinance No. and read specific findings for urgency (requires a 4/5ths vote). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT REGARDING SCHOOL FACILITIES CONSTRUCTION RESOLUTION NO. RDA A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT REGARDING SCHOOL FACILITIES CONSTRUCTION 2 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, REGARDING FINANCING SCHOOL FACILITIES 2.2 Notice of Intent to Sell Tax Allocation Bonds RECOMMENDATION: Authorize Finance Director to publish such notices as may be required by state law in connection with the sale of Tax Allocation Bonds by the Redevelopment Agency. Motion by: Seconded by: to adjourn the Redevelopment Agency. Vote: 3.0 SPECIAL PRESENTATIONS 4.0 CONSENT CALENDAR Action: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion by the City Council 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 specified items to be removed and/or discussed. Anyone wishing to discuss a Consent Calendar item should come forward, upon invitation of the Mayor, state their name, address and the Consent Calendar item number. Speakers should limit comments to three minutes. 4.1 Minutes of Regular Meeting of November 5, 1991 RECOMMENDATION: Approve the Minutes of November 5, 1991, as submitted. 4.2 Ordinance Second Reading - Time and Location Council Meetings RECOMMENDATION: Waive the full reading of Ordinance No. 941 and read by title only and adopt Ordinance No. 941 repealing Title 2, Chapter 2.04. Section 2.04.010 of the Municipal Code. ORDINANCE NO. 941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, REPEALING TITLE 2, CHAPTER 2.04, SECTION 2.04.010 OF THE CITY OF SAN JACINTO MUNICIPAL CODE RELATING TO TIME AND LOCATION OF COUNCIL MEETINGS 4.3 Claim - Kaylene Gutierrez RECOMMENDATION: City Attorney recommends the Council deny the application for leave to present claim pursuant to Government Code. City late North Mountain Comsite RECOMMENDATION: Accept withdrawal of the offer from Roger Morgan and cancel the transaction. 4.5 Warrant Register RECOMMENDATION: Approve Warrant Nos. 26701 through 26851 dated November 19, 1991, in the amount of $208,512.99 as submitted by the Finance Director. 4.6 4.7 4.8 4 l00 Hofmann Park Update RECOMMENDATION: Receive and file. Financial Report - October 31, 1991 RECOMMENDATION: Receive and file. Treasurer's Report RECOMMENDATION: Receive Potato Festival Update RECOMMENDATION: Receive and file. and file. Grand Avenue Well Filtration System RECOMMENDATION: Award the contract for the Grand Avenue Well Filtration System to the lowest bidder and authorize the Mayor to execute an appropriate contract. 4.11 Ordinance Second Reading - Change of Zone 6-91 Located north of Artesia Street, south of the Ramona Expressway, west of the easterly terminus of Burt Street, and east of San Jacinto Avenue RECOMMENDATION: Waive the full reading of Ordinance No. 942 and read by title only; adopt Ordinance No. 942. ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING CHANGE OF ZONE 6-91 AMENDING ZONING MAP OF THE CITY OF SAN JACINTO Final Maps - Forecast Homes Located west of Kirby Street, between Seventh and Cottonwood Avenues 4.12.1 4.12.2 4.12.3 Tract 24738 Tract 24738-3 Tract 24738-4 4 RECOMMENDATION: Approve the maps with the additional wording 1 be grants d -.-lot is District" and authorize maps for recordation Subdivision Agreement. unity Facilities he Mayor to sign the and execute the 4.13 Water Line Easement in Cal Ranch (The Villas) RECOMMENDATION: Accept the offer of easement from CRH, Inc., and authorize its recordation. Amend Coop Agreement - Riverside County Flood Control RECOMMENDATION: Approve an amendment to the Cooperative Agreement with Riverside County Flood Control and Water Conservation District providing for a loan of $200,000 for the construction of Line C, Stage 1 and authorize the Mayor to execute the amendments on behalf of the City. END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 4.1 through 4.14 and adopt Ordinance Nos. 941 and 942. Vote: 5.0 PUBLIC HEARINGS 5.1 Abandonment (Evans & Old Mountain) Located easterly terminus of Evans Street at Old Mountain Avenue RECOMMENDATION: Adopt Resolution No. vacating the right of way. RESOLUTION NO. Zi7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF EVANS STREET BETWEEN VILLINES AVENUE AND MOUNTAIN AVENUE 6.0 ORAL COMMUNICATIONS 7.0 CITY DEPARTMENTS 7.1 Sewer Hookup Waiver - Peterson - McNabb/Evans RECOMMENDATION: Approve an agreement for hookup at a later date and authorize the Mayor to sign and the City Clerk to submit for recordation. 7.2 2010 Update - Chadwick Verbal presentation by staff. 5 8.0 MAYOR AND COUNCIL MEMBER REPORTS/DISCUSSIONS 9.0 CLOSED SESSION 10.0 ADJOURNMENT Motion by: Seconded by: Action: to adjourn. Vote: Time: I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this 15th day of November, 1991, as required by law. Maurice Armster, City Clerk Deputy City Clerk 6 PROPOSED LANGUAGE RELATING TO SOURCES OF INDEMNIFICATION Except as otherwise provided in this Section 10(c), the obligations of the School District and the CFD under this Section 10 are required to be paid solely from the following sources: (i) Special Taxes; and (ii) fees, charges, dedications or other requirements levied and collected against development projects by the School District pursuant to Sections 53080 and 65995 of the California Government Code (or any similar subsequent legislation). To the extent the School District or the CFD has failed to meet its obligations under, or is delinquent in making payments in accordance with, this Section 10 from either of the foregoing sources, the Agency shall be entitled to offset against, and pay to the City an amount equal to any such delinquency from, (i) tax increment payable to the School District pursuant to the [describe tax sharing agreement], and (ii) tax increment otherwise payable to the School District pursuant to Section 12 or on deposit in the Trust Account. 2E9Z0051 11/13/91 ORDINANCE NO. g( ORDINANCE OF THE CITY OF SAN JACINTO REGARDING FINANCING SCHOOL FACILITIES WHEREAS, the City of San Jacinto (the "City") has experienced significant growth in the past three years; and WHEREAS, the growth experienced by the City has caused a strain on various public facilities, including school facilities; and WHEREAS, the City has caused to be prepared a School Impact Mitigation Plan, incorporated herein by reference (the "Mitigation Plan"), which demonstrates that anticipated residential developments within the City will generate additional students within the San Jacinto Unified School District (the "School District"); and )---- WHEREAS, the School District has no school facilities available to house additional students generated by new residential development within the City; and WHEREAS, the current overcrowding of school facilities is resulting in the diminishment of the quality of education available to students within the City; and WHEREAS, overcrowding of facilities may, and if allowed to continue will, further result in danger to the health and safety of students and school staff; and WHEREAS, the approval of any further general plan amendments, changes of zone, specific plan or specific plan amendments, development agreements, final maps or tentative maps or the issuance of any further building permits without conformance with the provisions of this Ordinance will adversely strain existing school facilities to the detriment of the public peace, health and safety; and WHEREAS, the City Council does hereby declare and find that this Ordinance is a matter of urgency and that the immediate effectiveness of its provisions is required to preserve the public peace, health, safety and general welfare; and WHEREAS, the School District has determined that it is necessary to establish a community facilities district (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, set forth at Title 5, Division 2, Chapter 2.5 of the California Government Code (commencing with Section 53311) (the "Act") in order to finance the school facilities 2E9Z0042 11/14/91 needed to house the students expected to be generated by residential development within the City; and WHEREAS, the Special Tax Rate and Method of Apportionment to be used by the CFD to levy taxes on property lying within the CFD (which is incorporated herein by reference) permits a special tax to be levied only on property that has been zoned for residential uses; and WHEREAS, the Mitigation Plan demonstrates that the taxes to be levied on property lying within the CFD are necessary to mitigate the expected results of residential development within the City; and WHEREAS, the City has determined that in the interest of economic fairness, all residential developments within the City should bear a portion of the cost of the school facilities needed to house students expected to be generated by such residential development; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN as follows: Section 1. (A) The City shall not approve or conditionally approve any general plan amendment, change of zone, specific plan or specific plan amendment, development agreement or any other land use entitlement (collectively, the "Land Use Entitlements") constituting a legislative act of the City with respect to any property lying within the boundaries of the School District unless and until the applicant requesting the Land Use Entitlement, and the owners of the property affected by the Land Use Entitlement (unless the Land Use Entitlement affecting such owners has been initiated by the City), have entered into and executed an agreement with the School District providing for mitigation of the Land Use Entitlement's impact upon School District school facilities in accordance with the provisions of the Cooperation Agreement. (B) Section 1(A) shall not apply to any Land Use Entitlement initiated by the City. If the City initiates any Land Use Entitlement, the City shall cause a notice to be recorded against the property affected by such Land Use Entitlement to the effect that such property will be subject to the provisions of this Ordinance. Section 2. Commencing with the date the School District adopts an ordinance pursuant to Section 53340 of the Act regarding the levy of a special tax on property lying within the boundaries of the proposed CFD (the "Ordinance Approval Date"), no final maps relating to 2E9Z0042 2 11/14/91 residential development within the City shall be approved unless the property identified on such map is part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to Section 3114.5 of the California Streets and Highways Code (the "Lien Act"). Section 3. Prior to the Ordinance Approval Date, final maps relating to residential development within the City shall be approved only upon the condition that no certificate of occupancy will be issued with respect to any parcel of land identified on such map unless such parcel of land is part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to the Lien Act. Section 4. All tentative maps, including extensions or amendments thereof, or conditional use permits relating to single-family and multifamily residential development (including but not limited to mobilehome parks) within the City shall include a condition substantially to the effect that the property identified on such map or in such permit must be part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to the Lien Act. Section 5. The provisions of Sections 2 and 3 of this Ordinance shall apply to tentative maps approved prior to the effective date hereof only if such tentative maps included a condition which required mitigation of school impacts. Section 6. This Ordinance shall be null and void if the City and the School District have failed to execute a Cooperation Agreement relating to the mitigation of other exactions to finance school facilities by December 4, 1991. Section 7. This Ordinance shall be published within 15 days after its passage at least once in The Hemet News, a newspaper of general circulation published and circulated in the District. 2E9Z0042 11/14/91 Section 8. This Ordinance shall take effect immediately upon passage at introduction pursuant to the provisions of California Government Code Sections 36934 and 36937. In the event that this Ordinance fails to receive four (4) affirmative votes, it shall become effective thirty (30) days after final passage. CITY OF SAN JACINTO Mayor Attest: City Clerk 2E9Z0042 4 11/14/91 ZOO(7 RESOLUTION OF THE CITY OF SAN JACINTO APPROVING A COOPERATION AGREEMENT REGARDING SCHOOL FACILITIES CONSTRUCTION WHEREAS, the City of San Jacinto (the "City") has experienced significant growth in the past three years; and WHEREAS, the growth experienced by the City has caused a strain on various public facilities, including school facilities; and WHEREAS, the City has caused to be prepared a School Impact Mitigation Plan, incorporated herein by reference (the "Mitigation Plan"), which demonstrates that anticipated residential developments within the City will generate additional students within the San Jacinto Unified School District (the "School District"); and WHEREAS, the San Jacinto Redevelopment Agency (the "Agency") plans to establish or amend redevelopment plans relating to redevelopment project areas which will include within their boundaries a portion of the anticipated residential developments; and WHEREAS, the School District has no school facilities available to house additional students generated by new residential development within the City; and WHEREAS, the School District desires the assistance of the City in conditioning residential development within the City on the inclusion of the property relating to such development in the CFD; and WHEREAS, the School District has heretofore submitted to the City and the Agency substantial facts and evidence which clearly indicate, and the City hereby finds, that the School District will suffer financial burden and detriment as a result of the adoption of redevelopment plans and amendments by the Agency; and WHEREAS, the City desires to set forth in a Cooperation Agreement the terms and conditions pursuant to which it will assist the School District and pursuant to which the Agency will allocate certain tax increment revenues to the School District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto as follows: Section 1. The form of Cooperation Agreement between the City and the School District attached hereto as Exhibit A is hereby approved. The officers of the City and 2E4Z010Z.WPO 11/14/91 their authorized representatives are, and each of them acting alone is, hereby authorized and directed, for and in the name of and on behalf of the City, to execute and deliver the Cooperation Agreement in substantially the form attached hereto and presented to and considered at this meeting, with such changes therein as the officer or authorized representative executing the same on behalf of the City may approve, in such officer's discretion, as being in the best interest of the City, such approval to be conclusively evidenced by the execution and delivery thereof. Section 2. All actions heretofore taken by any officer or officers of the City, as may be authorized by the City, with respect to the matters set forth in the Cooperation Agreement are hereby approved, confirmed and ratified. Section 3. The officers of the City are, and each of them acting alone is, hereby authorized and directed to take such actions and to execute such documents as may be necessary to effectuate the purposes of this Resolution. This Resolution shall take affect immediately upon its passage. The forgoing Resolution was adopted by the City Council of the City of San Jacinto on the 19th day of November, 1991. 2E4Z01QZ.WPO CITY OF SAN JACINTO By: 2 Mayor 11/14/91 EXHIBIT A COOPERATION AGREEMENT THIS COOPERATION AGREEMENT dated as of November 26, 1991, by and between the CITY OF SAN JACINTO (the "City"), a political subdivision of the State of California (the "State"), and the SAN JACINTO UNIFIED SCHOOL DISTRICT (the "School District"), a school district organized and existing under the laws of the State; WITNESS ETH WHEREAS, the School District plans to establish local school facilities financing programs throughout the School District; and WHEREAS, in connection with the local school facilities financing program the School District desires to establish with the City, the School District plans to establish one or more community facilities districts, which will include certain undeveloped property lying within the boundaries of the School District and the City (collectively, the "CFD"); and WHEREAS, the CFD will be established pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, set forth at Title 5, Division 2, Chapter 2.5 of the California Government Code (commencing with Section 53311); and WHEREAS, the School District plans to levy a special tax on the property lying within the boundaries of the CFD in order to fund the cost of additional school facilities needed to house the student population to be generated within the boundaries of the CFD from new residential development; and WHEREAS, the School District desires the assistance of the City in conditioning residential development within the City on the inclusion of the property relating to such development in the CFD; and WHEREAS, the City desires to set forth the te ms and conditions pursuant to which it will assist the School District in including property in the CFD; NOW, THEREFORE, in consideration of the te/ms and conditions herein set forth, the City and the School District do hereby agree as follows: 2E9Z0031 11/14/91 Section 1. Definitions. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, set forth at Title 5, Division 2, Chapter 2.5 of the California Government Code (commencing with Section 53311). "Additional Debt" has the meaning given to such term in Section 9(d) of this Cooperation Agreement. "Agency" means the San Jacinto Redevelopment Agency. "Assessor's Parcel" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Authorized Facilities" means $123,454,861 plus such additional amount as the School District and the City agree in writing is appropriate to fund the cost of School Facilities relating to Eligible Assessor's Parcels (as increased for inflation in each fiscal year, commencing July 1, 1992, by an amount equal to the Lee Saylor Cost of Construction Index for Class D construction), which is the aggregate amount that may be spent on School Facilities using the proceeds of Bonds or Special Taxes. "Bond Requirements" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Bonds" means the bonds permitted to be issued by the CFD pursuant to the Act in order to provide the funds to construct the School Facilities. "CFD" means, collectively, all community facilities districts established by the School District in accordance with the Act, but only to the extent of Assessor's Parcels located within the boundaries of the City. "Developed Property" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Developed Property Tax" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Eligible Assessor's Parcels" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Exempt Property" means any Assessor's Parcel lying within the boundaries of the CFD which: (i) is property of the State, entities of the State, federal or 2E9Z0031 2 11/14/91 other local governments, except as otherwise provided by Section 53317.3 of the Act, (ii) is Developed Property and has been subject to the levy of a Developed Property Tax for 30 fiscal years, (iii) has been used, zoned, authorized or designated for commercial or industrial use on the applicable general plan, specific plan or the equivalent thereof which the City utilizes and relies upon for land use planning purposes and for the approval of the development of real property, or (iv) is "common area" of a common interest development as those terms are used and defined in Section 1351 of the California Civil Code or any similar subsequent legislation. For purposes of interpreting Sections 53317.3 and 53317.5 of the Act, any Assessor's Parcel acquired by a public entity shall be deemed Exempt Property to the extent it is Undeveloped Property at the time of its acquisition. "Lease Purchase Law" means the Leroy F. Green State School Building Lease Purchase Law, set forth at Title 1, Division 10, Chapter 22 of the California Education Code (commencing with Section 17700), and all standards and regulations adopted by appropriate State agencies in the implementation of such law. "Ordinance" has the meaning given to that term in Section 3 of this Cooperation Agreement. "School District" means the San Jacinto Unified School District. "School District Attendance Areas" means the School District attendance areas for which the majority of the students serviced reside within the boundaries of the City. "School Facilities" means the educational facilities identified in Exhibit C attached hereto and by this reference incorporated herein which will be needed to mitigate the effects of the student population projected to be generated as a result of development within the boundaries of the CFD. "Special Funds" means any contributions, dedications, payments, grants or other types of funds (including State or federal funds) received by the School District and applied to the cost of financing any enhancements to a School Facility which do not increase the square footage thereof beyond that permitted in accordance with Section 7. "Special Tax" means a special tax calculated and levied on property lying within the boundaries of the CFD pursuant to Section 4 of this Cooperation Agreement and Exhibit A attached hereto. 2E9Z003I 11/14/91 "State" means the State of California. "Trust Account" has the meaning given to that term in Section 12. "Undeveloped Property" has the meaning given to such term in Exhibit A to this Cooperation Agreement. Section 2. Formation of CFD; Authorized Facilities. The School District hereby agrees to form the CFD pursuant to the Act as soon as possible following execution of this Agreement. Upon formation of the CFD, the Board of Trustees of the School District, acting as the legislative body of the CFD, shall approve, and authorize an appropriate officer to execute, this Cooperation Agreement on behalf of the CFD. The Authorized Facilities shall be reduced to the extent that (a) any School Facility is constructed or funded, in whole or in part, from allocations, moneys or funds received by the School District from the State Allocation Board or any other state or federal agency, department or division other than from Special Funds, by an amount equal to the pro rata portion of the amount of Authorized Facilities then allocable to the cost of such School Facility or portion thereof (as determined by reference to Exhibit D, after adjustments for inflation) financed by such allocation, moneys or funds, (b) any School Facility is deemed unnecessary by the School District, by an amount equal to the pro rata portion of the amount of Authorized Facilities then allocable to such School Facility, or portion thereof (as determined by reference to Exhibit D, after adjustments for inflation), or (c) any school facility acquired, constructed, purchased or leased outside School District Attendance Areas is funded by the State using or relying upon the student population generated by property lying within the CFD (the "CFD Students"), by an amount equal to the product of (1) the amount of such State funding times (2) a fraction the numerator of which is the number of students identified on the application in order to make need -based qualifications (the "Total Students") which constitute CFD Students and the denominator of which is the Total Students. Notwithstanding the foregoing sentence, Authorized Facilities shall be reduced pursuant to clauses (a) and (c) of this Section 2 only after the School District has received $30,863,715 of money from the State Allocation Board or any other state or federal agency, department or division which money would otherwise have been applied to reduce the Authorized Facilities. Section 3. Adoption of Ordinance. Prior to, or as soon as possible after, execution of this Agreement, the City will adopt an ordinance substantially in the form of 2E9Z0031 4 11/14/91 Exhibit B attached hereto and by this reference incorporated herein (the "Ordinance"). The City hereby covenants that it will take no action to rescind or amend the Ordinance without the written approval of the School District; provided, however, that the City may rescind or amend the Ordinance in its sole discretion if (i) it believes the School District has failed to perform any of its obligations, or materially breached any provisions applicable to it, hereunder, and (ii) the School District has failed to remedy such failure or breach to the reasonable satisfaction of the City within 30 days after written notice thereof. The City hereby agrees to consider and enter this Cooperation Agreement and the Ordinance into the record of the proceedings for the public hearing on any general plan amendment, change of zone, specific plan or specific plan amendment or development agreement with respect to property lying within the boundaries of the School District. Furthermore, the City may elect, in its sole discretion, to waive any condition imposed on a development project pursuant to the Ordinance if it detelmines that delays in the folmation of the first CFD impose an unreasonable burden on such development project. Section 4. Special Tax. The Special Tax may be levied and collected to provide for payment of debt service or other obligations of the CFD in the event that sufficient funds for the School Facilities are not provided by the State or other sources. The Special Tax shall be calculated in accordance with Exhibit A attached hereto and by this reference incorporated herein. All of the property within the boundaries of the CFD, except Exempt Property, shall be taxed for the purposes of, and to the extent and in the manner herein provided, pursuant to the Special Tax formula. Each year the School District shall use its best efforts to permanently reduce the maximum amount of Special Taxes that may be levied in any future fiscal year on any property lying within the CFD pursuant to Exhibit A in light of the amount the Authorized Facilities are reduced, if any, pursuant to the provisions of this Cooperation Agreement (including but not limited to Section 2 hereof). In order to permanently reduce the maximum amount of Special Taxes, the School District, consistent with applicable law, shall adopt a resolution which cannot be amended declaring its intention to reduce the maximum amount of Special Taxes which may be levied in any future fiscal year. Section 5. Reduction in Special Taxes. In addition to the Special Taxes authorized pursuant to Section 4, the School District may levy or impose other taxes or assessments on property lying within the CFD (collectively, the "Additional Taxes") subject to the following conditions: 2E9Z0031 5 11/14/91 (a) Upon the levy or imposition of such Additional Taxes, the School District shall reduce the Special Tax levied on each Assessor's Parcel within the CFD in an amount equal to the sum of (A)(1) with respect to ad valorem taxes, to the ad valorem taxes levied on such Assessor's Parcel in the immediately preceding Fiscal Year, and (2) with respect to all other Additional Taxes, to the other Additional Taxes proposed to be levied on such Assessor's Parcel in such Fiscal Year, less (B) $30.00. (b) The maximum aggregate amount of Additional Taxes which may be levied on any Assessor's Parcel lying within the CFD shall not exceed the maximum Special Taxes which otherwise could be levied on such Assessor's Parcel, absent the reduction required by Section 5(a). The School District hereby agrees to commence action as soon as feasible to place a general obligation bond measure relating to school facilities before the voters of the School District. Section 6. State Aid. The School District will use its best efforts to continuously and diligently (including timely filing of all applications therefor) pursue all legally available State funding, or funding available from any other source, for the construction or acquisition of school facilities (pursuant to the Lease Purchase Law or any other provision of applicable law). The School District covenants to use its best efforts to maximize State funding beyond the local match or contribution requirements, for the school facilities to be built on a timely basis. In applying for State funding, the School District shall take all efforts to maximize the amount of State funding that will be applicable to school facilities acquired, constructed or leased to house the student population generated (i) within the boundaries of the City, or (ii) to the extent the School District has established other local school facilities financing programs pursuant to Section 8 hereof, on a pro rata basis between the City and the jurisdictions of such other local school facilities financing programs. To the extent the School District uses or relies on the student population currently existing or generated within the boundaries of the City to qualify for State funding for anything other than a School Facility, the School District shall reduce the Authorized Facilities in accordance with Section 2. Section 7. School Facilities. All proceeds from the levy of the Special Taxes or from Bonds shall be used 2E9znn 6 11/14/91 only (i) to acquire, construct, purchase or lease School Facilities located within School District Attendance Areas, (ii) to pay any Bond Requirements of the Bonds issued by the CFD or (iii) to the extent authorized by law, to pay for any State matching contribution or fee required pursuant to the Lease Purchase Law or any subsequent law with respect to the School Facilities. The School Facilities will be used primarily to house students generated by Assessor's Parcels within the boundaries of the CFD and the City. The School District shall build each School Facility in accordance with the State Allocation Board (or any similar agency or entity) specifications, including but not limited to size and cost, which exist at the time the School District submits to the State Allocation Board (or any similar agency or entity) an application to finance such School Facility, or as such specifications may be amended from time to time. In the event that the State Allocation Board (or any similar agency or entity) no longer exists, the School District shall construct each School Facility in accordance with the standards and specifications used by similar school districts in the State. Section 8. Other Local School Facilities Financing Programs. The School District shall use its best efforts to establish other local school facilities financing programs similar to the local school facilities financing program established pursuant to this Cooperation Agreement on all undeveloped property lying both within its boundaries and outside the boundaries of the City. The economic impact on each Assessor's Parcel of such property shall be uniform and equal to the maximum extent possible to the economic impact of the Special Tax levied on equivalent Assessor's Parcels in the CFD. Section 9. Mitigation. The owner of any Assessor's Parcel within the CFD that is subject to a Special Tax shall be deemed to have fulfilled and mitigated its entire obligation to assist in financing school facilities to serve the student population to be generated by development within the boundaries of the CFD. As a result, the School District hereby covenants with the City, on behalf of the owners of such Assessor's Parcels, as follows: (a) That it hereby waives any right and will not under any circumstances at any time exercise any power or authority (under Section 53080 of the California Government Code or any other provision of applicable law) to lr!vy a fee, charge, dedication, or other form of requirement against any residential development project undertaken within the boundaries of the CFD for the purpose of funding or financing any school facilities. 2E9Z003I 7 11/14/91 (b) That it will not under any circumstances at any time require the City or any other governmental entity to exercise, or cooperate with any other governmental entity in the exercise of, the power under Title 7, Division 1, Chapter 4.7 of the California Government Code (commencing with Section 65970) or any other provision of applicable law, to require the dedication of land (except with respect to assistance in locating and identifying sites for School Facilities), the payment of fees in lieu thereof, or both for classroom or related facilities for elementary, middle or high schools as a condition to the approval of a residential development project within the boundaries of the CFD (to the extent authorized by law any requirements for State matching contributions or fees, or both, required under Section 65995 and related sections of the California Government Code and California Education Code for the construction of school facilities pursuant to the Lease Purchase Law or subsequent laws may be paid from the Special Taxes collected within the CFD and shall not be an additional assessment to any group or individual developing residential property within the CFD). (c) That it will not under any circumstances at any time oppose residential development on property located within the boundaries of the City on the basis of inadequate school facilities or seek other forms of mitigation with respect to the adequacy of school facilities, including, but not limited to, the establishment of developer fees, the payment of money by any owner, the dedication of land (except with respect to assistance in locating and identifying sites for School Facilities), or the application of an assessment or requirement of any nature against any owner or any residential property within the boundaries of the City permitted by present or future State laws, rulings, regulations and court decisions if the proceeds of such assessment or requirement will be used to finance or fund any school facilities. (d) That it will not under any circumstances at any time issue bonds, or certificates of participation or incur any other fonit of indebtedness (collectively, "Additional Debt") payable from taxes or assessments of any kind levied on any property within the boundaries of the CFD. Notwithstanding the foregoing sentence, the School 2E9Z003I 8 11/14/91 District may issue (i) the Bonds (and any bonds issued to refund any outstanding Bonds) and such bonds as have been previously authorized within the boundaries of the School District but not yet issued, (ii) Additional Debt (including Additional Debt to refund outstanding indebtedness of the School District) payable from the School District's portion of the existing property taxes and any other revenues of the School District generated from sources other than those identified in Section 4, and (iii) Additional Debt to the extent the School District complies with the provisions of Section 4. Section 10. Indemnification. (a) The School District agrees and the CFD will agree to indemnify and hold harmless the City and its respective officers and employees (collectively, the "Indemnified Persons," and individually, an "Indemnified Person") from and against any losses, claims, damages or liabilities, joint or several, to which any Indemnified Person may become subject insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of, or are based upon, (a) the establishment, formation and validation of the CFD, (b) the execution and delivery of and performance of its obligations under this Cooperation Agreement, (c) any action by the City in accordance with the Ordinance, or (d) any action taken by the City before or after the effective date of this Cooperation Agreement to condition the approval of any tentative or final tract map, zoning change or other legislative or discretionary approval on the mitigation of school impacts (including conditions which require property to be included in an assessment or other financing district). The School District agrees and the CFD will agree to reimburse each Indemnified Person for any legal or other expenses reasonably incurred by such Indemnified Person in investigating, defending or preparing to defend any such action or claim; provided, however, that the School District and the CFD shall not be liable in any such case to the extent that any such loss, claim, damage or liability arises out of, or is based upon, the willful misconduct or gross negligence of any Indemnified Person. (b) Promptly after receipt by an Indemnified Person of notice of the commencement of any action described in Section 10(a) such Indemnified Person shall, if a claim in respect thereof is to be made against the School District or the CFD under Section 10(a), notify both the School District and the CFD in writing of the commencement thereof. In case any such action shall be brought against any Indemnified Person, and such Indemnified Person shall notify the School District or the CFD of the commencement thereof, the School 2E9Z003I 9 12/14/91 District or the CFD shall be entitled to participate in and, to the extent that either wishes, to assume the defense thereof, with counsel reasonably satisfactory to such Indemnified Person, and after notice from the School District or the CFD to such Indemnified Person of its election so to assume the defense thereof, neither the School District nor the CFD shall be liable to such Indemnified Person under Section 10(a) for any legal or other expenses subsequently incurred by such Indemnified Person in connection with the defense thereof other than reasonable costs of any investigation; provided, however, that if the named parties to any such action (including any impleaded parties) include the Indemnified Person and either the School District or the CFD, and the Indemnified Person reasonably concludes that there may be one or more legal defenses available to it which are different from or additional to those available to the School District or the CFD, the Indemnified Person shall have the right to select separate counsel to assume such legal defense and to otherwise participate in the defense of such action on behalf of the Indemnified Person; provided, further, however, that neither the School District nor the CFD shall, in connection with any one such action or separate but substantially similar or related actions arising out of the same general allegations or circumstances, be liable for the fees and expenses of more than one separate firm of attorneys at any point in time for the Indemnified Person. Section 11. Reimbursement of Costs. All actual costs and expenses incurred by the City with respect to the preparation and execution of this Cooperation Agreement (including each of the exhibits hereto), including but not limited to the fees and expenses of its counsel and other experts, shall be reimbursed within one year of the anniversary of execution of this Cooperation Agreement to the extent incurred and not paid directly by the CFD or the School District, from the first revenues available from the following sources: (a) Special Taxes collected on the property within the CFD, (b) the proceeds of the issuance of any series of Bonds or (c) any other source of funds legally available to the CFD. Section 12. Redevelopment Project Areas. (a) The School District hereby agrees not to oppose the adoption of any redevelopment plan or amendment proposed by the City for adoption pursuant to the Community Redevelopment Law, set forth in Part 1 of Division 24 of the California Health and Safety Code (commencing with Section 33000) (the "Redevelopment Law"). (b) In consideration for the School District's agreement not to oppose the adoption of any such 2E9Z003I 10 11/14/91 redevelopment plan or amendment, the City and the Agency hereby agree that the School District has heretofore submitted to the City and Agency substantial facts and evidence which clearly indicate, and the City and the Agency hereby find, that the School District will suffer financial burden and detriment as a result of the adoption of redevelopment plans and amendments by the Agency. As a result, the City and the Agency hereby agree that pursuant to Section 33401 of the Redevelopment Law, the Agency shall pay into a trust account (the "Trust Account") for the benefit of the School District $0.137 for each $1.00 of that portion of tax increment allocated to the Agency pursuant to Section 33670(b) of the Redevelopment Law. Such Trust Account shall be, in a financial or other institution designated by the School District and shall earn interest which shall accrue for the benefit solely of the School District; provided however, that the City shall have the right to payment of amounts on deposit in the Trust Account in the event the School District fails to comply with Section 10(a) hereof. Promptly upon request of the School District from time to time, the Agency shall cause the funds in the Trust Account to be expended for the construction or rehabilitation of school facilities as specified by the School District. (c) The City and the Agency agree not to contest or assist other persons or entities in contesting the findings of the City and the Agency set forth in this Section 12, or to amend or alter in any manner such findings without the prior written consent of the School District. Section 13. Waiver of Actions. The School District hereby waives any claim or right of action it may have against the City (whether administrative, judicial or otherwise) with respect to: (i) the disposition of any action to which an Indemnified Person may be subject pursuant to Section 10 hereof to the extent the School District or the CFD elects not to participate in or assume the defense thereof pursuant to Section 10(b) hereof; (ii) any action taken by the City before the effective date of this Cooperation Agreement to condition the approval of any tentative or final tract map, zoning change or other legislative or discretionary approval on the mitigation of school impacts (including conditions which require property to be included in an assessment or other financing district); and, (iii) any action taken by the City after the effective date of this Cooperation Agreement (x) which complies with Section 3 of the Ordinance an the procedures set forth in Exhibit E attached hereto and by this reference incorporated herein, and (y) in accordance with Section 5 of the Ordinance. 2E9Z003I Section 14. Miscellaneous. 11 11/14/91 14.1. Successors. All of the covenants, stipulations, promises, and agreements contained in this Cooperation Agreement by or on behalf of, or for the benefit of, the parties hereto, shall bind or inure to the benefit of the successors of the respective parties. 14.2. Amendment. This Cooperation Agreement may be amended only by a written instrument executed by the School District and the City. 14.3. Severability. If any provision of this Cooperation Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. 14.4. Entire Agreement. This Cooperation Agreement supersedes and cancels any and all other agreements, either oral or written, between the parties with respect to the subject matter herein. Each party to this Cooperation Agreement acknowledges that no representation by any party which is not embodied herein or in any other agreement, statement or promise not contained in this Cooperation Agreement shall be valid and binding. The parties hereto agree to act in a manner which will not frustrate the purposes of this Cooperation Agreement. 14.5. Governing Law. This Cooperation Agreement shall be governed by and construed in accordance with the laws of the State. 14.6. Execution. This Cooperation Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. 14.7. Notices. All correspondence, notices or certificates required by this Cooperation Agreement shall be sufficiently given and served if delivered by hand directly to the offices named below or sent by United States first- class mail postage prepaid and addressed as follows: 2E9Z0031 (a) if to the School District, to San Jacinto Unified School District 600 Main Street San Jacinto, California 92583 (b) if to the City, to City of San Jacinto 12 11/14/91 201 East Main Street San Jacinto, California 92583 14.8. Terminations. In the event (i) the School District does not form the CFD, or (ii) the School District fails to adopt an ordinance pursuant to Section 53340 of the Act regarding the levy of a special tax on property lying within the boundaries of the CFD within one year from the effective date of this Cooperation Agreement, this Cooperation Agreement shall be void and cancelled in its entirety and shall be of no force or effect. 14.9. Effectiveness of Agreement. This Cooperation Agreement shall not be effective until the City Council of the City has adopted a Negative Declaration with respect hereto in accordance with the California Environmental Quality Act. 2E9Z003I 13 11/14/91 IN WITNESS WHEREOF, the parties hereto have executed this Cooperation Agreement on the day and year first above written. SAN JACINTO UNIFIED SCHOOL DISTRICT By By CITY OF SAN JACINTO By By AGREED, ACKNOWLEDGED AND ACCEPTED: SAN JACINTO REDEVELOPMENT AGENCY By: Date: COMMUNITY FACILITIES DISTRICT NO. 1 OF THE SAN JACINTO UNIFIED SCHOOL DISTRICT By: Date: 2E9Z003I 14 11/14/91 2E9Z003I EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A-1 11/14/91 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A special tax (the "Special Tax") shall be levied on each Assessor's Parcel of Taxable Property (defined below) in Community Facilities District No. 1 of the San Jacinto Unified School Dis- trict ("CFD No. 1") in each Fiscal Year, commencing July 1, 1992, or as soon thereafter as legally possible, in an amount determined by the Board of Trustees of the San Jacinto Unified School Dis- trict, acting as the legislative body of CFD No. 1, in accordance with the rate and method of apportionment described below. Section 1. Definitions. The following definitions shall apply: "Act" means the Mello -Roos Community Facilities Act of 1982, as amended. "Administrative Expenses" means the costs incurred by the School District on behalf of CFD No. 1 related to the detelfflination of the amount of annual levy of Special Taxes, the collection of the Special Taxes, the administration of the bonds of CFD No. 1, the costs associated with the Cooperation Agreement and the other administrative costs incurred in order to carry out the authorized purposes of CFD No. 1. "Assessable Space" means all of the square footage within the perimeter of a residential structure, not including any car- port, walkway, garage, overhang, patio, enclosed patio, detached accessory structure or similar area, as determined by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. "Assessor's Parcel" means a parcel of land designated on a map of the Riverside County Assessor which has been assigned a discrete identifying number. "Board" means the Board of Trustees of the San Jacinto Unified School District. "Bond Requirements" means the amount necessary, taking into consideration anticipated delinquencies, (i) to pay the principal of and interest on the bonds at that time outstanding in CFD No. 1, (ii) to make any deposits required to be made with sct to any reserve fund created with res•-ect to such bonds, and iii) to pay for Administrative Expenses. "City" means the City of San Jacinto. KRW80059 A- 1 "Cooperation Agreement" means that certain cooperation agreement dated November 19, 1991 by and between the City and the School District. "Developed Property" means any Assessor's Parcel in CFD No. 1 which is Zoned for residential use and for which a building permit for a residential dwelling unit has been issued by June 15 of the prior Fiscal Year, except for Exempt Property and Senior Property. Developed Property includes Mature Developed Property and Phased -In Developed Property. "Developed Property Tax" means either the Mature Devel- oped Property Tax or the Phased -In Developed Property Tax. "Developed Property Special Tax Revenue Requirement" means the amount of Special Tax revenues which must be generated in a particular Fiscal Year to pay the applicable Bond Requirements and/or to provide for the cost of constructing, leasing and/or acquiring the Facilities. "Eligible Assessor's Parcel(s)" shall have the meaning given such term in Section 8. "Exempt Property" means any Assessor's Parcel lying within the boundaries of CFD No. 1 which: (i) is property of the State, entities of the State, federal or other local governments, except as otherwise provided by Section 53317.3 of the Act, (ii) is Developed Property and has been subject to the levy of a Developed Property Tax for 30 fiscal years, (iii) has been used, zoned, authorized or designated for commercial or industrial use on the applicable general plan, specific plan or the equivalent thereof which the City utilizes and relies upon for land use planning purposes and for the approval of the development of real property, (iv) is "common area" of a common interest development as those terms are used and defined in Section 1351 of the California Civil Code or any similar subsequent legislation, or (v) any Assessor's Parcel with respect to which a Prepayment Tax has been paid and satisfied. For purposes of interpreting Sections 53317.3 and 53317.5 of the Act, any Assessor's Parcel acquired by a public entity shall be deemed Exempt Property to the extent it is Unde- veloped Property at the time of its acquisition. "Facilities" means those school facilities (including land) and other facilities which CFD No. 1 is authorized by law to construct, own or operate and which serve the District as identified on Exhibit "B" attached to the Resolution of Intention. "Fiscal Year" means the period starting July 1 and ending The following June 30. "Mature Developed Property" means each Assessor's Parcel of Developed Property which is no longer Phased -In Property. KRW80059 A-2 "Mature Developed Property Special Tax" shall have the meaning given such teLffl in Section 3(a). "One -Time Special Tax" shall have the meaning given such teLm in Section 6(a). "Phased -In Developed Property" means each Assessor's Parcel of Developed Property during the period commencing with the date such Assessor's Parcel changes from Undeveloped Property to Developed Property and extending for two full Fiscal Years there- after (for example, if an Assessor's Parcel changes from Undevel- oped Property to Developed Property on July 2, 1992, it will be categorized as Phased -In Developed Property until June 30, 1995). "Phased -In Developed Property Tax" shall have the meaning given to such te la in Section 3(b). "Prepayment Tax" shall have the meaning given to such term in Section 7. "Resolution of Intention" means the resolution adopted by the Board on November 12, 1991 evidencing, among other things, the Board's intention to establish CFD No. 1. "Senior Property" means each Assessor's Parcel lying within the boundaries of CFD No. 1 which, at the time of issuance of a building permit with respect thereto, is subject to a cove- nant, condition and restriction or other document or written policy which requires that one resident of such Assessor's Parcel be a senior citizen, and which constitute a "Senior Citizen Housing Development" pursuant to Section 51.3 of the California Civil Code. "Senior Property Tax" shall have the meaning given such teLm in Section 6(b). "Special Tax" means, collectively, Developed Property Taxes, Undeveloped Property Taxes, One -Time Special Taxes and Senior Property Taxes. "State" means the State of California. "Undeveloped Property" means any Assessor's Parcel in CFD No. 1 which is Zoned for residential use and for which no building permit has been issued by June 15 of the previous Fiscal Year. "Undeveloped Property Tax" shall have the meaning given such teLm in Section 4. "Zoned" means the staous of anv Assessor's ILarcel used, zoned, authorized or designed for residential use on the applicable general plan, specific plan or the equivalent thereof which the City of San Jacinto utilizes and relies upon for land use planning puLposes and for the approval of the development of real property. KRW80059 A- 3 Section 2. Classification of Property. On July 1 of each Fiscal Year, beginning July 1, 1992, the School District shall cause each Assessor's Parcel in CFD No. 1 to be classified as one of the following: Developed Property, Senior Property, Undeveloped Property or Exempt Property. It shall also cause each Assessor's Parcel of Developed Property to be classified as either Mature Developed Property or Phased -In Developed Property. The School District shall also identify any property within CFD No. 1 which qualifies as an Eligible Assessor's Parcel(s), as provided for in Section 8 hereof. Section 3. Developed Property Tax. (a) Each Assessor's Parcel of Mature Developed Property shall be subject to the levy of a special tax (the "Mature Devel- oped Property Tax") up to a maximum as indicated in Table 1A below, except for property described in Section 8 hereof, which shall be subject to the levy of the Mature Developed Property Tax up to the maximum as indicated in Table 1B below; provided, however, that the amounts contained in Table 1A and Table 1B below shall be increased for each Fiscal Year commencing July 1, 1992, by an amount equal to 2% of the maximum Mature Developed Property Tax set forth in Table 1A and Table 1B for the prior Fiscal Year. TABLE 1A MAXIMUM MATURE DEVELOPED PROPERTY TAXES FISCAL YEAR 1991-921 ASSESSABLE SPACE OF MAXIMUM TAX FOR RESIDENTIAL DWELLING UNIT FISCAL YEAR 1991-92 0 to 1199 Square Feet $298 1200 to 1399 Square Feet 352 1400 to 1599 Square Feet 406 1600 to 1799 Square Feet 460 1800 to 1999 Square Feet 514 2000 to 2199 Square Feet 568 2200 Square Feet or Greater 622 'Subject to an annual inflation factor. KRW80059 A-4 TABLE 1B MAXIMUM MATURE DEVELOPED PROPERTY TAXES FISCAL YEAR 1991-921 ASSESSABLE SPACE OF MAXIMUM TAX FOR RESIDENTIAL DWELLING UNIT FISCAL YEAR 1991-92 0 to 1199 Square Feet $298 1200 to 1399 Square Feet 352 1400 to 1599 Square Feet 406 1600 to 1799 Square Feet 460 1800 to 1999 Square Feet 514 2000 to 2199 Square Feet 568 2200 Square Feet or Greater 622 'Subject to an annual inflation factor. (b) Each Assessor's Parcel of Phased -In Developed Prop- erty shall be subject to the levy of a maximum special tax (the "Phased -In Developed Property Tax") in each Fiscal Year equal to the product obtained by multiplying the Mature Developed Property Tax as set forth in either Table 1A or Table 1B, as applicable, which would apply to such Assessor's Parcel if it had been classified as Mature Developed Property times the following coeffi- cients determined as to each Assessor's Parcel of Phased -In Devel- oped Property by reference to the number of full Fiscal Years which have elapsed since the date such Assessor's Parcel changed from Undeveloped Property to Developed Property: Number of Full Fiscal Years Elapsing Since Assessor's Parcel Became Developed Property Less than 1 More than 1, but less than 2 More than 2, but less than 3 More than 3 Coefficient .70 .80 .90 1.00 (c) A Developed Property Tax may be levied only to the extent necessary to pay the Bond Requirements and/or to provide for the cost of constructing, leasing or acc7u-ring the Facilities. A Lvelopea Property rax may be levied on each Assessor's Parcel c Developed Property for a period not to exceed 30 years commencing the first Fiscal Year in which the Developed Property Tax is levied on such Assessor's Parcel; provided, however, the expiration of such period shall not extinguish or otherwise affect the rights of KR4480059 A-5 the School District or CFD No. 1 to collect any delinquent Devel- oped Property Taxes or penalties or interest thereon. Section 4. Undeveloped Property; Undeveloped Property Tax. A Special Tax may be levied pursuant to this Section 4 on all Undeveloped Property (the "Undeveloped Property Tax") to the extent necessary to pay the Bond Requirements, subject to the limitations set forth below. In the event that on July 1 of any Fiscal Year, the maximum projected revenues that can be generated from the levy of the applicable Developed Property Tax for such Fiscal Year on all Developed Property, together with all other funds of CFD No. 1 legally available to pay the Bond Requirements, shall be insuffi- cient to pay the Bond Requirements for such Fiscal Year, then all Undeveloped Property shall be subject to a Special Tax, for such Fiscal Year only, up to an amount not to exceed, per acre of Undeveloped Property (or a proportionate amount thereof for any portion of such acre), the lesser of (i) $350, or (ii) the aggre- gate amount of the actual delinquencies in the payment of Developed Property Taxes for the prior Fiscal Year, divided by the total number of acres of Undeveloped Property in CFD No. 1. Section 5. Annual Apportionment of the Special Tax. Prior to any applicable deadline established pursuant to law, beginning with the Fiscal Year commencing July 1, 1992, the Board, acting as the legislative body of CFD No. 1, shall cause the Special Tax to be apportioned and levied as follows: First: The Board shall deteLwine the Developed Property Special Tax Revenue Requirement for such Fiscal Year. Second: The Board shall levy up to the maximum applica- ble Developed Property Tax against each Assessor's Parcel of Devel- oped Property proportionately to the extent necessary to generate sufficient revenues to equal the Developed Property Special Tax Revenue Requirement. Third: If the maximum applicable Developed Property Taxes levied against Developed Property, together with all other funds of CFD No. 1 legally available to pay the Bond Requirements, are insufficient in any Fiscal Year to pay the Bond Requirements for such Fiscal Year, the Board shall levy up to the maximum appli- cable Undeveloped Property Tax against each Assessor's Parcel of Undeveloped Property proportionately to the extent necessary to generate sufficient revenues to equal the Bond Requirements. Section 6. One -Time Special Tax; Senior Special Tax. (a) In addition to the Developed Property Tax and Unde- veloped Property Tax described in Sections 3 and 4 herein, the Board shall levy on each applicable Assessor's Parcel other than Senior Property a one-time special tax (the "One -Time Special Tax") payable at the time of issuance of each residential building permit KRW80059 A-6 for construction or expansion of a residential dwelling unit with respect to such Assessor's Parcel in an amount equal to $1.66 per square foot of Assessable Space; provided, however, that this amount shall be increased on July 1, 1992 and on each July 1 there- after by the greater of (i) four percent (4%) or (ii) the increase in the Lee Saylor Construction Cost Index for Class D construction. The One -Time Special Tax revenues shall be used to finance the con- struction, acquisition or lease of the Facilities, and not by way of limitation shall also be available to pay installment purchase payments, lease payments, payments of principal,interest and premium, if any, on any other bonds or debt of the School District now or hereafter incurred, or to pay principal and interest components on lease -purchase or other similar financing arrangements entered into or to be entered into by the School District, including issuance of certificates of participation in such financing arrangement, all or any of which were or will be used to finance facilities that would or will benefit in whole or in part territory within the boundaries of CFD No. 1. (b) The Board shall also levy on each Assessor's Parcel which constitutes Senior Property a one-time special tax (the "Senior Property Tax") payable at the time of issuance of a residential building permit for construction or expansion of a residential dwelling unit with respect to such Assessor's Parcel in an amount equal to $0.269 per square foot of Assessable Space; pro- vided, however, that this amount shall be increased on July 1, 1992 and on each July 1 thereafter by an amount equal to the greater of (i) four percent (4%) or (ii) the Lee Saylor Construction Cost Index for Class D construction. The Senior Property Tax revenues shall be used to finance the construction, acquisition or lease of the Facilities and not by way of limitation shall also be available to pay installment purchase payments, lease payments, payments of principal, interest and premium, if any, on any other bonds or debt of the School District now or hereafter incurred, or to pay principal and interest components on lease -purchase or other similar financing arrangements entered into or to be entered into by the School District, including issuance of certificates of participation in such financing arrangement, all or any of which were or will be used to finance facilities that would or will benefit in whole or in part territory within the boundaries of CFD No. 1. Section 7. Alternative Prepayment Tax. In lieu of paying an Annual Special Tax on Developed Property, the owner of any Assessor's Parcel of Undeveloped Property may irrevocably elect for all units proposed within a subdivision final map at or prior to the issuance of any building permit for any dwelling unit constructed on lots set forth on such subdivision final map to pl-er-av :He Annual Suecal Tax (the "Pre7ayment Tax") at or prier to the time of issuance of a Certificate of Occupancy with respect to such Assessor's Parcel. The maximum Prepayment Tax rate which may be levied in each Fiscal Year is set forth in Table 2A below, except for property described in Section 8 hereof, which shall be subject to a Maximum Prepayment Tax up to the maximum as indicated KRW80059 A- 7 in Table 2B below; provided, however, that the maximum Prepayment Tax rate set forth in Table 2A and Table 2B below shall be increased in each Fiscal Year commencing July 1, 1992 by an amount equal to the greater of (i) four percent (4%) or (ii) the increase in the Lee Saylor Construction Cost Index for Class D construction. Upon payment and satisfaction of any Prepayment Tax, the Assessor's Parcel with respect to which such Prepayment Tax has been levied and collected shall be characterized as Exempt Property and shall not be subject to a Developed Property Tax. Prepayment Taxes levied and collected pursuant to this Section 7 may be used to pay the Bond Requirements and to provide for the cost of financing, constructing, leasing and/or acquiring the Facilities. TABLE 2A MAXIMUM PREPAYMENT TAXES FISCAL YEAR 1991-92' ASSESSABLE SPACE OF MAXIMUM TAX FOR RESIDENTIAL DWELLING UNIT FISCAL YEAR 1991-92 0 to 1199 Square Feet 1200 to 1399 Square Feet 1400 to 1599 Square Feet 1600 to 1799 Square Feet 1800 to 1999 Square Feet 2000 to 2199 Square Feet 2200 Square Feet or Greater 'Subject to annual inflation factor. $2,563 3,029 3,495 3,961 4,427 4,893 5,359 KRW80059 A- 8 TABLE 2B MAXIMUM PREPAYMENT TAXES FISCAL YEAR 1991-921 ASSESSABLE SPACE OF MAXIMUM TAX FOR RESIDENTIAL DWELLING UNIT FISCAL YEAR 1991-92 0 to 1199 Square Feet $2,563 1200 to 1399 Square Feet 3,029 1400 to 1599 Square Feet 3,495 1600 to 1799 Square Feet 3,961 1800 to 1999 Square Feet 4,427 2000 to 2199 Square Feet 4,893 2200 Square Feet or Greater 5,359 'Subject to annual inflation factor. Section 8. Special Tax Rate Adjustment for Property within City of San Jacinto Community Facilities District No. 2. Any assessor's parcel within the boundaries of CFD No. 1 subject to the levy of a special tax levied on such assessor's parcel by the City of San Jacinto in connection with Community Facilities Dis- trict No. 2 of the City of San Jacinto (the "City CFD") on or prior to November 12, 1991 (each classified as an "Eligible Assessor's Parcel") shall pay the One -Time Special Tax in an amount equal to $1.66 per square foot of Assessable Space; provided, however, that this amount shall be increased on July 1, 1992 and each July 1 thereafter by the greater of (i) four percent (4%) or (ii) the increase in the Lee Saylor Construction Cost Index for Class D Construction, or, if applicable, shall pay the Senior Property Tax in an amount equal to $0.26 per square foot of assessable space; provided, however, that this amount shall be increased on July 1, 1992 and on each July 1 thereafter by an amount equal to the increase in the Lee Saylor Construction Cost Index for Class D Construction, shall be subject to the levy of a Mature Developed Property Special Tax up to a maximum amount set forth in Table 1B of Section 3 hereof and shall be subject to the levy of a Prepayment Tax in a maximum amount as set forth in Table 2B of Section 7 hereof. All property owners within CFD No. 1 claiming that the provisions of this Section 8 shall be applicable to their ,crouertv shall have the burden of establishing on the basis of evidence satisfactory to the Board that their assessor's parceis) is an Eligible Assessor's Parcel(s). Notwithstanding the provisions of this Section 8 as to the rates of special taxes to be levied on Eligible Assessor's Parcel(s), all other provisions of this Rate and Method of Apportionment shall be applicable to such KRW80059 A-9 Eligible Assessor's Parcel as if this Section 8 were not contained herein. Section 9. Appeals and InteLpretation Procedure. Any taxpayer whose property is subject to the levy of the Special Tax and who claims that the amount or application of the Special Tax has not been properly computed may file a notice with the Board appealing the levy of the Special Tax. The Superintendent of the School District or his or her designee will promptly review the claim and, if necessary, meet with the claimant and decide the appeal. If the findings of the Superintendent or his or her designee support a deteLmination that the amount or application of the Special Tax should be modified or changed, the Special Tax levy shall be so modified or changed and, if applicable, a refund of prior Special Tax payments shall be granted and made. If a claimant disagrees with the findings and determination of the Superintendent or his or her designee, the claimant may appeal such determination to the Board and the decision of the Board shall be final. Interpretation of this rate and method of apportionment may be made by the Board by resolution thereof for the purpose of clarifying any vagueness or ambiguity as it relates to the applica- tion of the Special Tax rate, the application of the method of apportionment, the classification of any property or any definition contained herein. Section 10. Collection of Special Tax. The Developed Property Tax and the Undeveloped Property Tax shall be levied and collected in the same manner as ordinary ad valorem property taxes in the County of Riverside. The One -Time Special Tax and the Senior Property Tax shall be levied as provided herein and shall be collected by the School District. Notwithstanding any provision to the contrary herein, CFD No. 1 may collect any Special Tax at a different time and/or in a different manner if necessary to meet its financial obligations. All Special Taxes shall be subject to the same penalties and lien priorities in the case of delinquency as is provided for ad valorem taxes; provided, however, CFD No. 1 may covenant for the benefit of bondholders to commence and dili- gently pursue to completion judicial foreclosure proceedings for the payment of delinquent installments of Special Taxes. The Special Tax shall be levied and collected only so long as it is needed to pay the Bond Requirements or to directly pay for the construction, lease and/or acquisition of the Facil- ities. KRL480059 A-10 2E9Z003I EXHIBIT B FORM OF ORDINANCE TO BE APPROVED BY CITY B-1 11/14/91 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN JACINTO REGARDING FINANCING SCHOOL FACILITIES WHEREAS, the City of San Jacinto (the "City") has experienced significant growth in the past three years; and WHEREAS, the growth experienced by the City has caused a strain on various public facilities, including school facilities; and WHEREAS, the City has caused to be prepared a School Impact Mitigation Plan, incorporated herein by reference (the "Mitigation Plan"), which demonstrates that anticipated residential developments within the City will generate additional students within the San Jacinto Unified School District (the "School District"); and WHEREAS, the School District has no school facilities available to house additional students generated by new residential development within the City; and WHEREAS, the current overcrowding of school facilities is resulting in the diminishment of the quality of education available to students within the City; and WHEREAS, overcrowding of facilities may, and if allowed to continue will, further result in danger to the health and safety of students and school staff; and WHEREAS, the approval of any further general plan amendments, changes of zone, specific plan or specific plan amendments, development agreements, final maps or tentative maps or the issuance of any further building petmits without conformance with the provisions of this Ordinance will adversely strain existing school facilities to the detriment of the public peace, health and safety; and WHEREAS, the City Council does hereby declare and find that this Ordinance is a matter of urgency and that the immediate effectiveness of its provisions is required to preserve the public peace, health, safety and general welfare; and WHEREAS, the School District has determined that it is necessary to establish a community facilities district (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, set forth at Title 5, Division 2, Chapter 2.5 of the California Government Code (commencing with Section 53311) (the "Act") in order to finance the school facilities 2E9Z0042 needed to house the students expected to be generated by residential development within the City; and WHEREAS, the Special Tax Rate and Method of Apportionment to be used by the CFD to levy taxes on property lying within the CFD (which is incorporated herein by reference) pe/mits a special tax to be levied only on property that has been zoned for residential uses; and WHEREAS, the Mitigation Plan demonstrates that the taxes to be levied on property lying within the CFD are necessary to mitigate the expected results of residential development within the City; and WHEREAS, the City has determined that in the interest of economic fairness, all residential developments within the City should bear a portion of the cost of the school facilities needed to house students expected to be generated by such residential development; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN as follows: Section 1. (A) The City shall not approve or conditionally approve any general plan amendment, change of zone, specific plan or specific plan amendment, development agreement or any other land use entitlement (collectively, the "Land Use Entitlements") constituting a legislative act of the City with respect to any property lying within the boundaries of the School District unless and until the applicant requesting the Land Use Entitlement, and the owners of the property affected by the Land Use Entitlement (unless the Land Use Entitlement affecting such owners has been initiated by the City), have entered into and executed an agreement with the School District providing for mitigation of the Land Use Entitlement's impact upon School District school facilities in accordance with the provisions of the Cooperation Agreement. (B) Section 1(A) shall not apply to any Land Use Entitlement initiated by the City. If the City initiates any Land Use Entitlement, the City shall cause a notice to be recorded against the property affected by such Land Use Entitlement to the effect that such property will be subject to the provisions of this Ordinance. Section 2. Commencing with the date the School District adopts an ordinance pursuant to Section 53340 of the Act regarding the levy of a special tax on property lying within the boundaries of the proposed CFD (the "Ordinance Approval Date"), no final maps relating to 2E9Z0042 2 residential development within the City shall be approved unless the property identified on such map is part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to Section 3114.5 of the California Streets and Highways Code (the "Lien Act"). Section 3. Prior to the Ordinance Approval Date, final maps relating to residential development within the City shall be approved only upon the condition that no certificate of occupancy will be issued with respect to any parcel of land identified on such map unless such parcel of land is part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to the Lien Act. Section 4. All tentative maps, including extensions or amendments thereof, or conditional use permits relating to single-family and multifamily residential development (including but not limited to mobilehome parks) within the City shall include a condition substantially to the effect that the property identified on such map or in such permit must be part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to the Lien Act. Section 5. The provisions of Sections 2 and 3 of this Ordinance shall apply to tentative maps approved prior to the effective date hereof only if such tentative maps included a condition which required mitigation of school impacts. Section 6. This Ordinance shall be null and void if the City and the School District have failed to execute a Cooperation Agreement relating to the mitigation of other exactions to finance school facilities by December 4, 1991. Section 7. This Ordinance shall be published within 15 days after its passage at least once in The Hemet News, a newspaper of general circulation published and circulated in the District. 2E9Z0042 3 Section 8. This Ordinance shall take effect immediately upon passage at introduction pursuant to the provisions of California Government Code Sections 36934 and 36937. In the event that this Ordinance fails to receive four (4) affirmative votes, it shall become effective thirty (30) days after final passage. CITY OF SAN JACINTO Mayor Attest: City Clerk 2E9Z0042 4 2E9Z003I EXHIBIT C SCHEDULE OF SCHOOL FACILITIES C-1 11/14/91 EXHIBIT "C" SCHEDULE OF SCHOOL FACILITIES San Jacinto Unified School District shall provide, through the establishment of Community Facilities District No. 1 thereof (the "CFD") financing for costs involved in design, inspec- tion, acquisition and construction of the facilities, including but not limited to those, set forth below. 1. Elementary Schools Elementary school facilities including, but not limited to, classrooms, administration, library, kitchen, multi -purpose room, storage, mechanical, custodial, open corridors and other elementary school facilities. 2. Middle Schools Middle school facilities including, but not limited to, classrooms and laboratories, administration, gymnasium, shower/locker facilities, kitchen, library, multi -purpose room, performing arts center, storage, mechanical, custodial, bleachers and other middle school facilities. 3, High Schools High school facilities including, but not limited to, classrooms and laboratories, administration, gymnasium, shower/locker facilities, kitchen, library, multi -purpose room, performing arts center, storage, mechanical, custodial, bleachers and other high school facilities. School acquisition and construction will include all buildings, relocatable facilities, transportation facilities, appurtenances, utility hookups, street frontage improvements, landscaping, land acquisition and rights in real property, and fixtures and equipment with a useful life of at least five years to begin operation of the Schools. The financing shall also include, but not be limited to, the costs associated with the Cooperation Agreement, the estimated costs of construction or acquisition of buildings, or both; acquisition of land, rights -of -way, water, sewer, or other capacity or connection fees; lease payments for school facilities, and to pay installment purchase payments, lease payments, payments of principal, interest and premium, if any, on any other bonds or debt of the School District now or hereafter incurred or to pay principal and interest components of lease - purchase or other similar financing arrangements entered into or to be entered into by the School District, including issuance of certificates of participation in such financing arrangement, all or any of which were or will be used to finance facilities that would KRW80059 C-1 benefit, in whole or in part, territory within the boundaries of the Community Facilities District, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued pursuant to the Act, architectural, engineering, inspection, legal (including legal and other costs incurred in connection with litigation or legal and/or equitable challenges to the foLmation of the CFD and/or the issuance of the Bonds of the CFD, and/or the levy of the Special Tax within the CFD), fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the CFD due and payable prior to the expiration of one year from the date of completion of the facilities, not to exceed two years; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. The description of the school facilities, as set forth herein, is general in its nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes in lieu, or modification to the proposed work in order to accomplish the works of improvement, and any such substitution shall not be construed to be a change or modification in the proceedings as long as the school facilities provide a service substantially similar to that as set forth herein. Notwithstanding the provisions of Exhibit "D" to this Cooperation Agreement with respect to the number of facilities and the moneys allocated to the different types of facilities, the School District reserves the right to adjust such numbers and dollars between and among categories of school facilities. KRW80059 C-2 EXHIBIT D PRELIMINARY ESTIMATES FOR CALCULATION OF AUTHORIZED FACILITIES 1. Elementary Schools School facilities for elementary schools each of which, if operated on a year-round basis, would house approximately students from kindergarten through sixth grade on a year-round basis. Estimated Cost: 2. Middle Schools School facilities for Middle Schools each of which, if operated on a year-round basis, would house approximately students from seventh and eighth grades on a year-round basis. Estimated Cost: $ 3. High Schools School facilities for High School which, if operated on a year-round basis, is sufficient to house approximately students from ninth to twelfth grades on a traditional basis. Estimated Cost: $ 2E9Z003I D-1 11/14/91 EXHIBIT E PROCEDURES RELATING TO FINAL MAPS APPROVED BEFORE CFD ORDINANCE APPROVAL DATE 2E9Z003I E-1 11/14/91 EXHIBIT "E" PROCEDURE RELATING TO FINAL MAPS APPROVED BEFORE CFD ORDINANCE APPROVAL DATE For any tentative map approved prior to the effective date of the City's "Ordinance of the City of San Jacinto Regarding Financing School Facilities," and for which the City imposed a condition upon such map requiring the proposed project to mitigate its impacts on the school facilities of the San Jacinto Unified School District, at the time such map is submitted to the City for final approval, the City shall restate such condition as follows: "No certificate of occupancy shall be issued with respect to any parcel of land identified on this map unless either: (1) such parcel of land is a part of the legal boundaries of the Community Facilities District of the San Jacinto Unified School District as evidenced by a notice of special tax lien filed with the Riverside County Recorder, or (2) the applicant for the map has presented written evidence to the City that it has mitigated the adverse impacts of its project on School District facilities to the satisfaction of the San Jacinto Unified School District." DJM80142 MEMO TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development DATE: November 15, 1991 SUBJ: Proposed Urgency Ordinance and Cooperative Agreement Regarding Financing School Facilities In September the City Council directed Staff to form a committee consisting of representatives from the school district, the development community, Staff, and the City's consultants. This committee was to review the proposal that had been presented to the Council in September and determine whether it was the best proposal available to create a "win - win" involved. situation for all parties The committee met for many hours, the result of which is attached. On November 19th the Staff and consultants will briefly summarize these documents for you and the public, and the developers on the committee are to also express their support for them. Staff recommends the Council take testimony, close the "hearing", and consider the ordinance and cooperative agreement. Respectfully Submitted, BRIAN MC NABB Director of Community Development BKM:lr CITY RESOLUTION REDE OP1 i' ACEN SOLUTION V2_ RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT REGARDING SCHOOL FACILITIES CONSTRUCTION WHEREAS, the City of San Jacinto (the "City") has experienced significant growth in the past three years; and WHEREAS, the growth experienced by the City has caused a strain on various public facilities, including school facilities; and WHEREAS, the City has caused to be prepared a School Impact Mitigation Plan, incorporated herein by reference (the "Mitigation Plan"), which demonstrates that anticipated residential developments within the City will generate additional students within the San Jacinto Unified School District (the "School District"); and WHEREAS, the San Jacinto Redevelopment Agency (the "Agency") plans to establish or amend redevelopment plans relating to redevelopment project areas which will include within their boundaries a portion of the anticipated residential developments; and WHEREAS, the School District has no school facilities available to house additional students generated by new residential development within the City; and WHEREAS, the School District has heretofore submitted to the City and the Agency substantial facts and evidence which clearly indicate, and the Agency hereby finds, that the School District will suffer financial burden and detriment as a result of the adoption of redevelopment plans and amendments by the Agency; and WHEREAS, the Agency desires to set forth in a Cooperation Agreement the terms and conditions pursuant to which it will allocate certain tax increment revenues to the School District; NOW, THEREFORE, BE IT RESOLVED by the governing body of the San Jacinto Redevelopment Agency as follows: Section 1. The form of Cooperation Agreement between the City and the School District and approved by the Agency attached hereto as Exhibit A is hereby approved. The officers of the Agency and their authorized representatives are, and each of them acting alone is, hereby authorized and directed, for and in the name of and on behalf of the Agency, to execute and deliver the Cooperation Agreement in substantially the form attached hereto and presented to and considered at this meeting, with such changes therein as the 2E4ZOIR1.WPO 11/14/91 officer or authorized representative executing the same on behalf of the Agency may approve, in such officer's discretion, as being in the best interest of the Agency, such approval to be conclusively evidenced by the execution and delivery thereof. Section 2. All actions heretofore taken by any officer or officers of the Agency, as may be authorized by the Agency, with respect to the matters set forth in the Cooperation Agreement are hereby approved, confirmed and ratified. Section 3. The officers of the Agency are, and each of them acting alone is, hereby authorized and directed to take such actions and to execute such documents as may be necessary to effectuate the purposes of this Resolution. This Resolution shall take affect immediately upon its passage. The forgoing Resolution was adopted by the governing body of the San Jacinto Redevelopment Agency on the 19th day of November, 1991. SAN JACINTO REDEVELOPMENT AGENCY By: 2E4Z0IR1.WPO 2 11/14/91 EXHIBIT A COOPERATION AGREEMENT THIS COOPERATION AGREEMENT dated as of November 26, 1991, by and between the CITY OF SAN JACINTO (the "City"), a political subdivision of the State of California (the "State"), and the SAN JACINTO UNIFIED SCHOOL DISTRICT (the "School District"), a school district organized and existing under the laws of the State; WITNESSETH WHEREAS, the School District plans to establish local school facilities financing programs throughout the School District; and WHEREAS, in connection with the local school facilities financing program the School District desires to establish with the City, the School District plans to establish one or more community facilities districts, which will include certain undeveloped property lying within the boundaries of the School District and the City (collectively, the "CFD"); and WHEREAS, the CFD will be established pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, set forth at Title 5, Division 2, Chapter 2.5 of the California Government Code (commencing with Section 53311); and WHEREAS, the School District plans to levy a special tax on the property lying within the boundaries of the CFD in order to fund the cost of additional school facilities needed to house the student population to be generated within the boundaries of the CFD from new residential development; and WHEREAS, the School District desires the assistance of the City in conditioning residential development within the City on the inclusion of the property relating to such development in the CFD; and WHEREAS, the City desires to set forth the terms and conditions pursuant to which it will assist the School District in including property in the CFD; NOW, THEREFORE, in consideration of the terms and conditions herein set forth, the City and the School District do hereby agree as follows: 2E9Z0031 11/14/91 Section 1. Definitions. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, set forth at Title 5, Division 2, Chapter 2.5 of the California Government Code (commencing with Section 53311). "Additional Debt" has the meaning given to such term in Section 9(d) of this Cooperation Agreement. "Agency" means the San Jacinto Redevelopment Agency. "Assessor's Parcel" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Authorized Facilities" means $123,454,861 plus such additional amount as the School District and the City agree in writing is appropriate to fund the cost of School Facilities relating to Eligible Assessor's Parcels (as increased for inflation in each fiscal year, commencing July 1, 1992, by an amount equal to the Lee Saylor Cost of Construction Index for Class D construction), which is the aggregate amount that may be spent on School Facilities using the proceeds of Bonds or Special Taxes. "Bond Requirements" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Bonds" means the bonds permitted to be issued by the CFD pursuant to the Act in order to provide the funds to construct the School Facilities. "CFD" means, collectively, all community facilities districts established by the School District in accordance with the Act, but only to the extent of Assessor's Parcels located within the boundaries of the City. "Developed Property" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Developed Property Tax" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Eligible Assessor's Parcels" has the meaning given to such term in Exhibit A to this Cooperation Agreement. "Exempt Property" means any Assessor's Parcel lying within the boundaries of the CFD which: (i) is property of the State, entities of the State, federal or 2E9Z0031 2 11/14/91 other local governments, except as otherwise provided by Section 53317.3 of the Act, (ii) is Developed Property and has been subject to the levy of a Developed Property Tax for 30 fiscal years, (iii) has been used, zoned, authorized or designated for commercial or industrial use on the applicable general plan, specific plan or the equivalent thereof which the City utilizes and relies upon for land use planning purposes and for the approval of the development of real property, or (iv) is "common area" of a common interest development as those terms are used and defined in Section 1351 of the California Civil Code or any similar subsequent legislation. For purposes of interpreting Sections 53317.3 and 53317.5 of the Act, any Assessor's Parcel acquired by a public entity shall be deemed Exempt Property to the extent it is Undeveloped Property at the time of its acquisition. "Lease Purchase Law" means the Leroy F. Green State School Building Lease Purchase Law, set forth at Title 1, Division 10, Chapter 22 of the California Education Code (commencing with Section 17700), and all standards and regulations adopted by appropriate State agencies in the implementation of such law. "Ordinance" has the meaning given to that term in Section 3 of this Cooperation Agreement. "School District" means the San Jacinto Unified School District. "School District Attendance Areas" means the School District attendance areas for which the majority of the students serviced reside within the boundaries of the City. "School Facilities" means the educational facilities identified in Exhibit C attached hereto and by this reference incorporated herein which will be needed to mitigate the effects of the student population projected to be generated as a result of development within the boundaries of the CFD. "Special Funds" means any contributions, dedications, payments, grants or other types of funds (including State or federal funds) received by the School District and applied to the cost of financing any enhancements to a School Facility which do not increase the square footage thereof beyond that permitted in accordance with Section 7. "Special Tax" means a special tax calculated and levied on property lying within the boundaries of the CFD pursuant to Section 4 of this Cooperation Agreement and Exhibit A attached hereto. 2E9Z003I 11/14/91 "State" means the State of California. "Trust Account" has the meaning given to that te/m in Section 12. "Undeveloped Property" has the meaning given to such term in Exhibit A to this Cooperation Agreement. Section 2. Formation of CFD; Authorized Facilities. The School District hereby agrees to form the CFD pursuant to the Act as soon as possible following execution of this Agreement. Upon formation of the CFD, the Board of Trustees of the School District, acting as the legislative body of the CFD, shall approve, and authorize an appropriate officer to execute, this Cooperation Agreement on behalf of the CFD. The Authorized. Facilities shall be reduced to the extent that (a) any School Facility is constructed or funded, in whole or in part, from allocations, moneys or funds received by the School District from the State Allocation Board or any other state or federal agency, department or division other than from Special Funds, by an amount equal to the pro rata portion of the amount of Authorized Facilities then allocable to the cost of such School Facility or portion thereof (as determined by reference to Exhibit D, after adjustments for inflation) financed by such allocation, moneys or funds, (b) any School Facility is deemed unnecessary by the School District, by an amount equal to the pro rata portion of the amount of Authorized Facilities then allocable to such School Facility, or portion thereof (as determined by reference to Exhibit D, after adjustments for inflation), or (c) any school facility acquired, constructed, purchased or leased outside School District Attendance Areas is funded by the State using or relying upon the student population generated by property lying within the CFD (the "CFD Students"), by an amount equal to the product of (1) the amount of such State funding times (2) a fraction the numerator of which is the number of students identified on the application in order to make need -based qualifications (the "Total Students") which constitute CFD Students and the denominator of which is the Total Students. Notwithstanding the foregoing sentence, Authorized Facilities shall be reduced pursuant to clauses (a) and (c) of this Section 2 only after the School District has received $30,863,715 of money from the State Allocation Board or any other state or federal agency, department or division which money would otherwise have been applied to reduce the Authorized Facilities. Section 3. Adoption of Ordinance. Prior to, or as soon as possible after, execution of this Agreement, the City will adopt an ordinance substantially in the form of 2E920031 4 11/14/91 Exhibit B attached hereto and by this reference incorporated herein (the "Ordinance"). The City hereby covenants that it will take no action to rescind or amend the Ordinance without the written approval of the School District; provided, however, that the City may rescind or amend the Ordinance in its sole discretion if (i) it believes the School District has failed to perform any of its obligations, or materially breached any provisions applicable to it, hereunder, and (ii) the School District has failed to remedy such failure or breach to the reasonable satisfaction of the City within 30 days after written notice thereof. The City hereby agrees to consider and enter this Cooperation Agreement and the Ordinance into the record of the proceedings for the public hearing on any general plan amendment, change of zone, specific plan or specific plan amendment or development agreement with respect to property lying within the boundaries of the School District. Furthermore, the City may elect, in its sole discretion, to waive any condition imposed on a development project pursuant to the Ordinance if it deteLmines that delays in the formation of the first CFD impose an unreasonable burden on such development project. Section 4. Special Tax. The Special Tax may be levied and collected to provide for payment of debt service or other obligations of the CFD in the event that sufficient funds for the School Facilities are not provided by the State or other sources. The Special Tax shall be calculated in accordance with Exhibit A attached hereto and by this reference incorporated herein. All of the property within the boundaries of the CFD, except Exempt Property, shall be taxed for the purposes of, and to the extent and in the manner herein provided, pursuant to the Special Tax formula. Each year the School District shall use its best efforts to permanently reduce the maximum amount of Special Taxes that may be levied in any future fiscal year on any property lying within the CFD pursuant to Exhibit A in light of the amount the Authorized Facilities are reduced, if any, pursuant to the provisions of this Cooperation Agreement (including but not limited to Section 2 hereof). In order to permanently reduce the maximum amount of Special Taxes, the School District, consistent with applicable law, shall adopt a resolution which cannot be amended declaring its intention to reduce the maximum amount of Special Taxes which may be levied in any future fiscal year. Section 5. Reduction in Special Taxes. In addition to the Special Taxes authorized pursuant to Section 4, the School District may levy or impose other taxes or assessments on property lying within the CFD (collectively, the "Additional Taxes") subject to the following conditions: 2E9Z0031 5 11/14/91 (a) Upon the levy or imposition of such Additional Taxes, the School District shall reduce the Special Tax levied on each Assessor's Parcel within the CFD in an amount equal to the sum of (A)(1) with respect to ad valorem taxes, to the ad valorem taxes levied on such Assessor's Parcel in the immediately preceding Fiscal Year, and (2) with respect to all other Additional Taxes, to the other Additional Taxes proposed to be levied on such Assessor's Parcel in such Fiscal Year, less (B) $30.00. (b) The maximum aggregate amount of Additional Taxes which may be levied on any Assessor's Parcel lying within the CFD shall not exceed the maximum Special Taxes which otherwise could be levied on such Assessor's Parcel, absent the reduction required by Section 5(a). The School District hereby agrees to commence action as soon as feasible to place a general obligation bond measure relating to school facilities before the voters of the School District. Section 6. State Aid. The School District will use its best efforts to continuously and diligently (including timely filing of all applications therefor) pursue all legally available State funding, or funding available from any other source, for the construction or acquisition of school facilities (pursuant to the Lease Purchase Law or any other provision of applicable law). The School District covenants to use its best efforts to maximize State funding beyond the local match or contribution requirements, for the school facilities to be built on a timely basis. In applying for State funding, the School District shall take all efforts to maximize the amount of State funding that will be applicable to school facilities acquired, constructed or leased to house the student population generated (i) within the boundaries of the City, or (ii) to the extent the School District has established other local school facilities financing programs pursuant to Section 8 hereof, on a pro rata basis between the City and the jurisdictions of such other local school facilities financing programs. To the extent the School District uses or relies on the student population currently existing or generated within the boundaries of the City to qualify for State funding for anything other than a School Facility, the School District shall reduce the Authorized Facilities in accordance with Section 2. Section 7. School Facilities. All proceeds from the levy of the Special Taxes or from Bonds shall be used 2E9100.31 6 11/14/91 only (i) to acquire, construct, purchase or lease School Facilities located within School District Attendance Areas, (ii) to pay any Bond Requirements of the Bonds issued by the CFD or (iii) to the extent authorized by law, to pay for any State matching contribution or fee required pursuant to the Lease Purchase Law or any subsequent law with respect to the School Facilities. The School Facilities will be used primarily to house students generated by Assessor's Parcels within the boundaries of the CFD and the City. The School District shall build each School Facility in accordance with the State Allocation Board (or any similar agency or entity) specifications, including but not limited to size and cost, which exist at the time the School District submits to the State Allocation Board (or any similar agency or entity) an application to finance such School Facility, or as such specifications may be amended from time to time. In the event that the State Allocation Board (or any similar agency or entity) no longer exists, the School District shall construct each School Facility in accordance with the standards and specifications used by similar school districts in the State. Section 8. Other Local School Facilities Financing Programs. The School District shall use its best efforts to establish other local school facilities financing programs similar to the local school facilities financing program established pursuant to this Cooperation Agreement on all undeveloped property lying both within its boundaries and outside the boundaries of the City. The economic impact on each Assessor's Parcel of such property shall be uniform and equal to the maximum extent possible to the economic impact of the Special Tax levied on equivalent Assessor's Parcels in the CFD. Section 9. Mitigation. The owner of any Assessor's Parcel within the CFD that is subject to a Special Tax shall be deemed to have fulfilled and mitigated its entire obligation to assist in financing school facilities to serve the student population to be generated by development within the boundaries of the CFD. As a result, the School District hereby covenants with the City, on behalf of the owners of such Assessor's Parcels, as follows: (a) That it hereby waives any right and will not under any circumstances at any time exercise any power or authority (under Section 53080 of the California Government Code or any other provision of applicable law) to levy a fee, charge, dedication, or other form of requirement against any residential development project undertaken within the boundaries of the CFD for the purpose of funding or financing any school facilities. 2E9Z0031 7 11/14/91 (b) That it will not under any circumstances at any time require the City or any other governmental entity to exercise, or cooperate with any other governmental entity in the exercise of, the power under Title 7, Division 1, Chapter 4.7 of the California Government Code (commencing with Section 65970) or any other provision of applicable law, to require the dedication of land (except with respect to assistance in locating and identifying sites for School Facilities), the payment of fees in lieu thereof, or both for classroom or related facilities for elementary, middle or high schools as a condition to the approval of a residential development project within the boundaries of the CFD (to the extent authorized by law any requirements for State matching contributions or fees, or both, required under Section 65995 and related sections of the California Government Code and California Education Code for the construction of school facilities pursuant to the Lease Purchase Law or subsequent laws may be paid from the Special Taxes collected within the CFD and shall not be an additional assessment to any group or individual developing residential property within the CFD). (c) That it will not under any circumstances at any time oppose residential development on property located within the boundaries of the City on the basis of inadequate school facilities or seek other forms of mitigation with respect to the adequacy of school facilities, including, but not limited to, the establishment of developer fees, the payment of money by any owner, the dedication of land (except with respect to assistance in locating and identifying sites for School Facilities), or the application of an assessment or requirement of any nature against any owner or any residential property within the boundaries of the City permitted by present or future State laws, rulings, regulations and court decisions if the proceeds of such assessment or requirement will be used to finance or fund any school facilities. (d) That it will not under any circumstances at any time issue bonds, or certificates of participation or incur any other form of indebtedness (collectively, "Additional Debt") payable from taxes or assessments of any kind levied on any property within the boundaries of the CFD. Notwithstanding the foregoing sentence, the School 2E970031 11/14/91 District may issue (i) the Bonds (and any bonds issued to refund any outstanding Bonds) and such bonds as have been previously authorized within the boundaries of the School District but not yet issued, (ii) Additional Debt (including Additional Debt to refund outstanding indebtedness of the School District) payable from the School District's portion of the existing property taxes and any other revenues of the School District generated from sources other than those identified in Section 4, and (iii) Additional Debt to the extent the School District complies with the provisions of Section 4. Section 10. Indemnification. (a) The School District agrees and the CFD will agree to indemnify and hold harmless the City and its respective officers and employees (collectively, the "Indemnified Persons," and individually, an "Indemnified Person") from and against any losses, claims, damages or liabilities, joint or several, to which any Indemnified Person may become subject insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of, or are based upon, (a) the establishment, formation and validation of the CFD, (b) the execution and delivery of and performance of its obligations under this Cooperation Agreement, (c) any action by the City in accordance with the Ordinance, or (d) any action taken by the City before or after the effective date of this Cooperation Agreement to condition the approval of any tentative or final tract map, zoning change or other legislative or discretionary approval on the mitigation of school impacts (including conditions which require property to be included in an assessment or other financing district). The School District agrees and the CFD will agree to reimburse each Indemnified Person for any legal or other expenses reasonably incurred by such Indemnified Person in investigating, defending or preparing to defend any such action or claim; provided, however, that the School District and the CFD shall not be liable in any such case to the extent that any such loss, claim, damage or liability arises out of, or is based upon, the willful misconduct or gross negligence of any Indemnified Person. (b) Promptly after receipt by an Indemnified Person of notice of the commencement of any action described in Section 10(a) such Indemnified Person shall, if a claim in respect thereof is to be made against the School District or the CFD under Section 10(a), notify both the School District and the CFD in writing of the commencement thereof. In case any such action shall be brought against any Indemnified Person, and such Indemnified Person shall notify the School District or the CFD of the commencement thereof, the School 9 11/14/91 2E9Z0031 District or the CFD shall be entitled to participate in and, to the extent that either wishes, to assume the defense thereof, with counsel reasonably satisfactory to such Indemnified Person, and after notice from the School District or the CFD to such Indemnified Person of its election so to assume the defense thereof, neither the School District nor the CFD shall be liable to such Indemnified Person under Section 10(a) for any legal or other expenses subsequently incurred by such Indemnified Person in connection with the defense thereof other than reasonable costs of any investigation; provided, however, that if the named parties to any such action (including any impleaded parties) include the Indemnified Person and either the School District or the CFD, and the Indemnified Person reasonably concludes that there may be one or more legal defenses available to it which are different from or additional to those available to the School District or the CFD, the Indemnified Person shall have the right to select separate counsel to assume such legal defense and to otherwise participate in the defense of such action on behalf of the Indemnified Person; provided, further, however, that neither the School District nor the CFD shall, in connection with any one such action or separate but substantially similar or related actions arising out of the same general allegations or circumstances, be liable for the fees and expenses of more than one separate firm of attorneys at any point in time for the Indemnified Person. Section 11. Reimbursement of Costs. All actual costs and expenses incurred by the City with respect to the preparation and execution of this Cooperation Agreement (including each of the exhibits hereto), including but not limited to the fees and expenses of its counsel and other experts, shall be reimbursed within one year of the anniversary of execution of this Cooperation Agreement to the extent incurred and not paid directly by the CFD or the School District, from the first revenues available from the following sources: (a) Special Taxes collected on the property within the CFD, (b) the proceeds of the issuance of any series of Bonds or (c) any other source of funds legally available to the CFD. Section 12. Redevelopment Project Areas. (a) The School District hereby agrees not to oppose the adoption of any redevelopment plan or amendment proposed by the City for adoption pursuant to the Community Redevelopment Law, set forth in Part 1 of Division 24 of the California Health and Safety Code (commencing with Section 33000) (the "Redevelopment Law"). (b) In consideration for the School District's agreement not to oppose the adoption of any such 2E9Z003I 10 11/14/91 redevelopment plan or amendment, the City and the Agency hereby agree that the School District has heretofore submitted to the City and Agency substantial facts and evidence which clearly indicate, and the City and the Agency hereby find, that the School District will suffer financial burden and detriment as a result of the adoption of redevelopment plans and amendments by the Agency. As a result, the City and the Agency hereby agree that pursuant to Section 33401 of the Redevelopment Law, the Agency shall pay into a trust account (the "Trust Account") for the benefit of the School District $0.137 for each $1.00 of that portion of tax increment allocated to the Agency pursuant to Section 33670(b) of the Redevelopment Law. Such Trust Account shall be, in a financial or other institution designated by the School District and shall earn interest which shall accrue for the benefit solely of the School District; provided however, that the City shall have the right to payment of amounts on deposit in the Trust Account in the event the School District fails to comply with Section 10(a) hereof. Promptly upon request of the School District from time to time, the Agency shall cause the funds in the Trust Account to be expended for the construction or rehabilitation of school facilities as specified by the School District. (c) The City and the Agency agree not to contest or assist other persons or entities in contesting the findings of the City and the Agency set forth in this Section 12, or to amend or alter in any manner such findings without the prior written consent of the School District. Section 13. Waiver of Actions. The School District hereby waives any claim or right of action it may have against the City (whether administrative, judicial or otherwise) with respect to: (i) the disposition of any action to which an Indemnified Person may be subject pursuant to Section 10 hereof to the extent the School District or the CFD elects not to participate in or assume the defense thereof pursuant to Section 10(b) hereof; (ii) any action taken by the City before the effective date of this Cooperation Agreement to condition the approval of any tentative or final tract map, zoning change or other legislative or discretionary approval on the mitigation of school impacts (including conditions which require property to be included in an assessment or other financing district); and, (iii) any action taken by the City after the effective date of this Cooperation Agreement (x) which complies with Section 3 of the Ordinance an the procedures set forth in Exhibit E attached hereto and by this reference incorporated herein, and (y) in accordance with Section 5 of the Ordinance. 2E92003I Section 14. Miscellaneous. 11 11/14/91 14.1. Successors. All of the covenants, stipulations, promises, and agreements contained in this Cooperation Agreement by or on behalf of, or for the benefit of, the parties hereto, shall bind or inure to the benefit of the successors of the respective parties. 14.2. Amendment. This Cooperation Agreement may be amended only by a written instrument executed by the School District and the City. 14.3. Severability. If any provision of this Cooperation Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. 14.4. Entire Agreement. This Cooperation Agreement supersedes and cancels any and all other agreements, either oral or written, between the parties with respect to the subject matter herein. Each party to this Cooperation Agreement acknowledges that no representation by any party which is not embodied herein or in any other agreement, statement or promise not contained in this Cooperation Agreement shall be valid and binding. The parties hereto agree to act in a manner which will not frustrate the purposes of this Cooperation Agreement. 14.5. Governing Law. This Cooperation Agreement shall be governed by and construed in accordance with the laws of the State. 14.6. Execution. This Cooperation Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. 14.7. Notices. All correspondence, notices or certificates required by this Cooperation Agreement shall be sufficiently given and served if delivered by hand directly to the offices named below or sent by United States first- class mail postage prepaid and addressed as follows: 2E9Z003I (a) if to the School District, to San Jacinto Unified School District 600 Main Street San Jacinto, California 92583 (b) if to the City, to City of San Jacinto 12 11/14/91 201 East Main Street San Jacinto, California 92583 14.8. Terminations. In the event (i) the School District does not form the CFD, or (ii) the School District fails to adopt an ordinance pursuant to Section 53340 of the Act regarding the levy of a special tax on property lying within the boundaries of the CFD within one year from the effective date of this Cooperation Agreement, this Cooperation Agreement shall be void and cancelled in its entirety and shall be of no force or effect. 14.9. Effectiveness of Agreement. This Cooperation Agreement shall not be effective until the City Council of the City has adopted a Negative Declaration with respect hereto in accordance with the California Environmental Quality Act. 2E9Z003I 13 11/14/91 IN WITNESS WHEREOF, the parties hereto have executed this Cooperation Agreement on the day and year first above written. SAN JACINTO UNIFIED SCHOOL DISTRICT By By CITY OF SAN JACINTO By By AGREED, ACKNOWLEDGED AND ACCEPTED: SAN JACINTO REDEVELOPMENT AGENCY By: Date: COMMUNITY FACILITIES DISTRICT NO. 1 OF THE SAN JACINTO UNIFIED SCHOOL DISTRICT By: Date: 2E9Z003I 14 11/14/91 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 2E9Z003I A-1 11/14/91 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A special tax (the "Special Tax") shall be levied on each Assessor's Parcel of Taxable Property (defined below) in Community Facilities District No. 1 of the San Jacinto Unified School Dis- trict ("CFD No. 1") in each Fiscal Year, commencing July 1, 1992, or as soon thereafter as legally possible, in an amount deteLmined by the Board of Trustees of the San Jacinto Unified School Dis- trict, acting as the legislative body of CFD No. 1, in accordance with the rate and method of apportionment described below. Section 1. Definitions. The following definitions shall apply: "Act" means the Mello -Roos Community Facilities Act of 1982, as amended. "Administrative Expenses" means the costs incurred by the School District on behalf of CFD No. 1 related to the detelmination of the amount of annual levy of Special Taxes, the collection of the Special Taxes, the administration of the bonds of CFD No. 1, the costs associated with the Cooperation Agreement and the other administrative costs incurred in order to carry out the authorized purposes of CFD No. 1. "Assessable Space" means all of the square footage within the perimeter of a residential structure, not including any car- port, walkway, garage, overhang, patio, enclosed patio, detached accessory structure or similar area, as deteiiitined by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. "Assessor's Parcel" means a parcel of land designated on a map of the Riverside County Assessor which has been assigned a discrete identifying number. "Board" means the Board of Trustees of the San Jacinto Unified School District. "Bond Requirements" means the amount necessary, taking into consideration anticipated delinquencies, (i) to pay the principal of and interest on the bonds at that time outstanding in CFD No. 1, (ii) to make any deposits required to be made with !ID any reserve fund created with res7:: tc such bonts, and to pay for Administrative Expenses. "City" means the City of San Jacinto. KRW80059 A-1 "Cooperation Agreement" means that certain cooperation agreement dated November 19, 1991 by and between the City and the School District. "Developed Property" means any Assessor's Parcel in CFD No. 1 which is Zoned for residential use and for which a building peLmit for a residential dwelling unit has been issued by June 15 of the prior Fiscal Year, except for Exempt Property and Senior Property. Developed Property includes Mature Developed Property and Phased -In Developed Property. "Developed Property Tax" means either the Mature Devel- oped Property Tax or the Phased -In Developed Property Tax. "Developed Property Special Tax Revenue Requirement" means the amount of Special Tax revenues which must be generated in a particular Fiscal Year to pay the applicable Bond Requirements and/or to provide for the cost of constructing, leasing and/or acquiring the Facilities. "Eligible Assessor's Parcel(s)" shall have the meaning given such teLm in Section 8. "Exempt Property" means any Assessor's Parcel lying within the boundaries of CFD No. 1 which: (i) is property of the State, entities of the State, federal or other local governments, except as otherwise provided by Section 53317.3 of the Act, (ii) is Developed Property and has been subject to the levy of a Developed Property Tax for 30 fiscal years, (iii) has been used, zoned, authorized or designated for commercial or industrial use on the applicable general plan, specific plan or the equivalent thereof which the City utilizes and relies upon for land use planning purposes and for the approval of the development of real property, (iv) is "common area" of a common interest development as those terms are used and defined in Section 1351 of the California Civil Code or any similar subsequent legislation, or (v) any Assessor's Parcel with respect to which a Prepayment Tax has been paid and satisfied. For purposes of interpreting Sections 53317.3 and 53317.5 of the Act, any Assessor's Parcel acquired by a public entity shall be deemed Exempt Property to the extent it is Unde- veloped Property at the time of its accruisition. "Facilities" means those school facilities (including land) and other facilities which CFD No. 1 is authorized by law to construct, own or operate and which serve the District as identified on Exhibit "B" attached to the Resolution of Intention. "Fiscal Year" means the period starting July 1 and ending rie•=olicw1:17. June3. "Mature Developed Property" means each Assessor's Parcel of Developed Property which is no longer Phased -In Property. KR W80059 A-2 "Mature Developed Property Special Tax" shall have the meaning given such term in Section 3(a). "One -Time Special Tax" shall have the meaning given such term in Section 6(a). "Phased -In Developed Property" means each Assessor's Parcel of Developed Property during the period commencing with the date such Assessor's Parcel changes from Undeveloped Property to Developed Property and extending for two full Fiscal Years there- after (for example, if an Assessor's Parcel changes from Undevel- oped Property to Developed Property on July 2, 1992, it will be categorized as Phased -In Developed Property until June 30, 1995). "Phased -In Developed Property Tax" shall have the meaning given to such term in Section 3(b). "Prepayment Tax" shall have the meaning given to such term in Section 7. "Resolution of Intention" means the resolution adopted by the Board on November 12, 1991 evidencing, among other things, the Board's intention to establish CFD No. 1. "Senior Property" means each Assessor's Parcel lying within the boundaries of CFD No. 1 which, at the time of issuance of a building permit with respect thereto, is subject to a cove- nant, condition and restriction or other document or written policy which requires that one resident of such Assessor's Parcel be a senior citizen, and which constitute a "Senior Citizen Housing Development" pursuant to Section 51.3 of the California Civil Code. "Senior Property Tax" shall have the meaning given such term in Section 6(b). "Special Tax" means, collectively, Developed Property Taxes, Undeveloped Property Taxes, One -Time Special Taxes and Senior Property Taxes. "State" means the State of California. "Undeveloped Property" means any Assessor's Parcel in CFD No. I which is Zoned for residential use and for which no building permit has been issued by June 15 of the previous Fiscal Year. "Undeveloped Property Tax" shall have che meaning given such term in Section 4. "7cned" rneans the sta:us of any :l_sseseor's 1=e=e1 zoned, authorized or designed for residential use on the applicable general plan, specific plan or the equivalent thereof which the City of San Jacinto utilizes and relies upon for land use planning purposes and for the approval of the development of real property. KRW80059 A-3 Section 2. Classification of Property. On July 1 of each Fiscal Year, beginning July 1, 1992, the School District shall cause each Assessor's Parcel in CFD No. 1 to be classified as one of the following: Developed Property, Senior Property, Undeveloped Property or Exempt Property. It shall also cause each Assessor's Parcel of Developed Property to be classified as either Mature Developed Property or Phased -in Developed Property. The School District shall also identify any property within CFD No. 1 which qualifies as an Eligible Assessor's Parcel(s), as provided for in Section 8 hereof. Section 3. Developed Property Tax. (a) Each Assessor's Parcel of Mature Developed Property shall be subject to the levy of a special tax (the "Mature Devel- oped Property Tax") up to a maximum as indicated in Table 1A below, except for property described in Section 8 hereof, which shall be subject to the levy of the Mature Developed Property Tax up to the maximum as indicated in Table 13 below; provided, however, that the amounts contained in Table 1A and Table 113 below shall be increased for each Fiscal Year commencing July 1, 1992, by an amount equal to 29s. of the maximum Mature Developed Property Tax set forth in Table 1A and Table 1B for the prior Fiscal Year. TABLE 1A MAXIMUM MATURE DEVELOPED PROPERTY TAXES FISCAL YEAR 1991-921 ASSESSABLE SPACE OF MAXIMUM TAX FOR RESIDENTIAL DWELLING UNIT FISCAL YEAR 1991-92 0 to 1199 Square Feet $298 1200 to 1399 Square Feet 352 1400 to 1599 Square Feet 406 1600 to 1799 Square Feet 460 1800 to 1999 Square Feet 514 2000 to 2199 Square Feet 568 2200 Square Feet or Greater 622 'Subject to an annual inflation factor. <RW80059 A-4 TABLE 1B MAXIMUM MATURE DEVELOPED PROPERTY TAXES FISCAL YEAR 1991-92' ASSESSABLE SPACE OF MAXIMUM TAX FOR RESIDENTIAL DWELLING UNIT FISCAL YEAR 1991-92 0 to 1199 Square Feet $298 1200 to 1399 Square Feet 352 1400 to 1599 Square Feet 406 1600 to 1799 Square Feet 460 1800 to 1999 Square Feet 514 2000 to 2199 Square Feet 568 2200 Square Feet or Greater 622 'Subject to an annual inflation factor. (b) Each Assessor's Parcel of Phased -In Developed Prop- erty shall be subject to the levy of a maximum special tax (the "Phased -In Developed Property Tax") in each Fiscal Year equal to the product obtained by multiplying the Mature Developed Property Tax as set forth in either Table 1A or Table 1B, as applicable, which would apply to such Assessor's Parcel if it had been classified as Mature Developed Property times the following coeffi- cients determined as to each Assessor's Parcel of Phased -In Devel- oped Property by reference to the number of full Fiscal Years which 'nave elapsed since the date such Assessor's Parcel changed from Undeveloped Property to Developed Property: Number of Full Fiscal Years Elapsing Since Assessor's Parcel Became Developed Property Less than 1 More than 1, but less than 2 More than 2, but less than 3 More than 3 Coefficient .70 .80 .90 1.00 (c) A Developed Property Tax may be levied only to the extent necessary to pay the Bond Requirements and/or to provide for he lost of constructing, leasing or acauirna he Facilities. A Leve_:peu 2-,r0rperty =ax may ze levied on eacn Assessor's 2,arcei c: Developed Property for a period not to exceed 30 years commencing the first Fiscal Year in which the Developed Property Tax is levied on such Assessor's Parcel; provided, however, the expiration of such period shall not extinguish or otherwise affect the rights of KR W80059 A-5 the School District or CFD No. 1 to collect any delinquent Devel- oped Property Taxes or penalties or interest thereon. Section 4. Undeveloped Property; Undeveloped Property Tax. A Special Tax may be levied pursuant to this Section 4 on all Undeveloped Property (the "Undeveloped Property Tax") to the extent necessary to pay the Bond Requirements, subject to the limitations set forth below. In the event that on July 1 of any Fiscal Year, the maximum projected revenues that can be generated from the levy of the applicable Developed Property Tax for such Fiscal Year on all Developed Property, together with all other funds of CFD No. 1 legally available to pay the Bond Requirements, shall be insuffi- cient to pay the Bond Requirements for such Fiscal Year, then all Undeveloped Property shall be subject to a Special Tax, for such Fiscal Year only, up to an amount not to exceed, per acre of Undeveloped Property (or a proportionate amount thereof for any portion of such acre), the lesser of (i) $350, or (ii) the aggre- gate amount of the actual delinquencies in the payment of Developed Property Taxes for the prior Fiscal Year, divided by the total number of acres of Undeveloped Property in CFD No. 1. Section 5. Annual Apportionment of the Special Tax. Prior to any applicable deadline established pursuant to law, beginning with the Fiscal Year commencing July 1, 1992, the Board, acting as the legislative body of CFD No. 1, shall cause the Special Tax to be apportioned and levied as follows: First: The Board shall determine the Developed Property Special Tax Revenue Requirement for such Fiscal Year. Second: The Board shall levy up to the maximum applica- ble Developed Property Tax against each Assessor's Parcel of Devel- oped Property proportionately to the extent necessary to generate sufficient revenues to equal the Developed Property Special Tax Revenue Requirement. Third: If the maximum applicable Developed Property Taxes levied against Developed Property, together with all other funds of CFD No. 1 legally available to pay the Bond Requirements, are insufficient in any Fiscal Year to pay the Bond Requirements for such Fiscal Year, the Board shall levy up to the maximum appli- cable Undeveloped Property Tax against each Assessor's Parcel of Undeveloped Property proportionately to the extent necessary to generate sufficient revenues to equal the Bond Requirements. Section 6. One -Time Special Tax; Senior Special Tax. (a) In addition to the Developed Property Tax and Unde- veloped Property Tax described in Sections 3 and 4 herein, the Board shall levy on each applicable Assessor's Parcel other than Senior Property a one-time special tax (the "One -Time Special Tax") payable at the time of issuance of each residential building peimit KRW80059 A-6 for construction or expansion of a residential dwelling unit with respect to such Assessor's Parcel in an amount equal to $1.66 per sauare foot of Assessable Space; provided, however, =hat this amount shall be increased on July 1, 1992 and on each July 1 there- after by the greater of (i) four percent (4%) or (ii) the increase in the Lee Saylor Construction Cost Index for Class D construction. The One -Time Special Tax revenues shall be used to finance the con- struction, acquisition or lease of the Facilities, and not by way of limitation shall also be available to pay installment purchase payments, lease payments, payments of principal,incerest and premium, if any, on any other bonds or debt of the School District now or hereafter incurred, or to pay principal and interest components on lease -purchase or other similar financing arrangements entered into or to be entered into by the School District, including issuance of certificates of participation in such financing arrangement, all or any of which were or will be used to finance facilities that would or will benefit in whole or in part territory within the boundaries of CFD No. 1. (b) The Board shall also levy on each Assessor's Parcel which constitutes Senior Property a one-time special :ax (the "Senior Property Tax") payable at the time of issuance of a residential building permit for construction or expansion of a residential dwelling unit with respect to such Assessor's Parcel in an amount equal to $0.269 per square foot of Assessable Space; pro- vided, however, that this amount shall be increased on July 1, 1992 and on each July 1 thereafter by an amount equal to the greater of (i) four percent (4%) or (ii) the Lee Saylor Construction Cost Index for Class D construction. The Senior Property Tax revenues shall be used to finance the construction, acquisition or lease of the Facilities and not by way of limitation shall also be available to pay installment purchase payments, lease payments, payments of principal, interest and premium, if any, on any other bonds or debt of the School District now or hereafter incurred, Dr to pay principal and interest components on lease -purchase :r other similar financing arrangements entered into or to be entered into by the School District, including issuance of certificates of participation in such financing arrangement, all or any of which were or will be used to finance facilities That would Dr will benefit in whole or in part territory within the boundaries of CFD No. 1. Section 7. Alternative Prepayment Tax. In lieu of paying an Annual Special Tax on Developed Property, the owner of any Assessor's Parcel of Undeveloped Property may irrevocably elect for all units proposed within a subdivision final map at or prior to the issuance of any building peLinit for any dwelling unit constructed on lots set forth on such subdivision final map to =nP Ar=a1 2"Ec-Lal Tax ,;t:he 7=x") 7-,1 721-lor the time of issuance of a Certificate of Occupancy with respect to such Assessor's Parcel. The maximum Prepayment. Tax rate which may be levied in each Fiscal Year is set forth in Table 2A below, except. for property described in Section 8 hereof, which shall be subject to a Maximum Prepayment Tax up to the maximum as indicated KRW80059 A-7 in Table 2B below; provided, however, that the maximum Prepayment Tax race set forth in Table 2A and Table 2B below shall be increased in each Fiscal Year commencing July 1, 1992 by an amount equal to che greater of (i) four percent (4%) or (ii) the increase in the Lee Saylor Construction Cost Index for Class D construction. Upon payment and satisfaction of any Prepayment Tax, the Assessor's Parcel with respect to which such Prepayment. Tax has been levied and collected shall be characterized as Exempt Property and shall not be subject to a Developed Property Tax. Prepayment Taxes levied and collected pursuant to this Section 7 may be used to pay the Bond Requirements and to provide for the cost of financing, constructing, leasing and/or acquiring the Facilities. TABLE 2A MAXIMUM PREPAYMENT TAXES FISCAL YEAR 1991-921 ASSESSABLE SPACE OF MAXIMUM TAX FOR RESIDENTIAL DWELLING UNIT FISCAL YEAR 1991-92 0 to 1199 Square Feet 1200 to 1399 Square Feet 1400 to 1599 Square Feet 1600 to 1799 Square Feet 1800 to 1999 Square Feet 2000 to 2199 Square Feet 2200 Square Feet or Greater 'Subject to annual inflation factor. $2,563 3,029 3,495 3,961 4,427 4,893 5,359 KRU80059 A-8 TABLE 2B MAXIMUM PREPAYMENT TAXES FISCAL YEAR 1991-92' ASSESSABLE SPACE OF MAXIMUM TAX FOR RESIDENTIAL DWELLING UNIT FISCAL YEAR 1991-92 0 to 1199 Square Feet $2,563 1200 to 1399 Square Feet 3,029 1400 to 1599 Square Feet 3,495 1600 to 1799 Square Feet 3,961 1800 to 1999 Square Feet 4,427 2000 to 2199 Square Feet 4,893 2200 Square Feet or Greater 5,359 'Subject to annual inflation factor. Section 8. Special Tax Rate Adjustment for Property within City of San Jacinto Community Facilities District No. 2. Any assessor's parcel within the boundaries of CFD No. 1 subject to the levy of a special tax levied on such assessor's parcel by the City of San Jacinto in connection with Community Facilities Dis- trict No. 2 of the City of San Jacinto (the "City CFD") on or prior to November 12, 1991 (each classified as an "Eligible Assessor's Parcel") shall pay the One -Time Special Tax in an amount equal to $1.66 per square foot of Assessable Space; provided, however, that this amount shall be increased on July 1, 1992 and each July 1 thereafter by the greater of (1) four percent (49,-;) or (ii) the increase in the Lee Saylor Construction Cost Index for Class D Construction, or, if applicable, shall pay the Senior Property Tax in an amount equal to $0.26 per square foot of assessable space; provided, however, that this amount shall be increased on July 1, 1992 and on each July 1 thereafter by an amount equal to the increase in the Lee Saylor Construction Cost Index for Class D Construction, shall be subject to the levy of a Mature Developed Property Special Tax up to a maximum amount set forth in Table 1B of Section 3 hereof and shall be subject to the levy of a Prepayment Tax in a maximum amount as set forth in Table 2B of Section 7 hereof. All property owners within CFD No. 1 claiming that the provisions of this Section 8 shall be applicable to their -roprtv shall have the burden of establishing on the basis of evicenta satisfactry to the Board that their assessor's carosis) is an Eligible Assessor's Parcel(s). Notwithstanding the provisions of this Section 8 as to the rates of special taxes to be levied on Eligible Assessor's Parcel(s), all other provisions of this Rate and Method of Apportionment shall be applicable to such KRW80059 A-9 Eligible Assessor's Parcel as if this Section 8 were not contained herein. Section 9. Appeals and InteL_vretation Procedure. Any taxpayer whose property is subject to the levy of the Special Tax and who claims that the amount or application of the Special Tax has not been properly computed may file a notice with the Board appealing the levy of the Special Tax. The Superintendent of the School District or his or her designee will promptly review the claim and, if necessary, meet with the claimant and decide the appeal. If the findings of the Superintendent or his or her designee support a determination that the amount or application of the Special Tax should be modified or changed, the Special Tax levy shall be so modified or changed and, if applicable, a refund of prior Special Tax payments shall be granted and made. If a claimant disagrees with the findings and determination of the Superintendent or his or her designee, the claimant may appeal such detelfflination to the Board and the decision of the Board shall be final. Interpretation of this rate and method of apportionment may be made by the Board by resolution thereof for the puLpose of clarifying any vagueness or ambiguity as it relates to the applica- tion of the Special Tax rate, the application of the method of apportionment, the classification of any property or any definition contained herein. Section 10. Collection of Special Tax. The Developed Property Tax and the Undeveloped Property Tax shall be levied and collected in the same manner as ordinary ad valorem property taxes in the County of Riverside. The One -Time Special Tax and the Senior Property Tax shall be levied as provided herein and shall be collected by the School District. Notwithstanding any provision to the contrary herein, CFD No. 1 may collect any Special Tax at a different time and/or in a different manner if necessary to meet its financial obligations. All Special Taxes shall be subject to the same penalties and lien priorities in the case of delinquency as is provided for ad valorem taxes; provided, however, CFD No. 1 may covenant for the benefit of bondholders to commence and dili- gently pursue to completion judicial foreclosure proceedings for the payment of delinquent installments of Special Taxes. The Special Tax shall be levied and collected only so long as it is needed to pay the Bond Requirements or to directly pay for the construction, lease and/or acquisition of the Facil- ities. KRW80059 A-10 2E9Z003I EXHIBIT B FORM OF ORDINANCE TO BE APPROVED BY CITY B-1 11/14/91 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN JACINTO REGARDING FINANCING SCHOOL FACILITIES WHEREAS, the City of San Jacinto (the "City") has experienced significant growth in the past three years; and WHEREAS, the growth experienced by the City has caused a strain on various public facilities, including school facilities; and WHEREAS, the City has caused to be prepared a School Impact Mitigation Plan, incorporated herein by reference (the "Mitigation Plan"), which demonstrates that anticipated residential developments within the City will generate additional students within the San Jacinto Unified School District (the "School District"); and WHEREAS, the School District has no school facilities available to house additional students generated by new residential development within the City; and WHEREAS, the current overcrowding of school facilities is resulting in the diminishment of the quality of education available to students within the City; and WHEREAS, overcrowding of facilities may, and if allowed to continue will, further result in danger to the health and safety of students and school staff; and WHEREAS, the approval of any further general plan amendments, changes of zone, specific plan or specific plan amendments, development agreements, final maps or tentative maps or the issuance of any further building permits without conformance with the provisions of this Ordinance will adversely strain existing school facilities to the detriment of the public peace, health and safety; and WHEREAS, the City Council does hereby declare and find that this Ordinance is a matter of urgency and that the immediate effectiveness of its provisions is required to preserve the public peace, health, safety and general welfare; and WHEREAS, the School District has determined that it is necessary to establish a community facilities district (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, set forth at Title 5, Division 2, Chapter 2.5 of the California Government Code (commencing with Section 53311) (the "Act") in order to finance the school facilities 2E9Z0042 needed to house the students expected to be generated by residential development within the City; and WHEREAS, the Special Tax Rate and Method of Apportionment to be used by the CFD to levy taxes on property lying within the CFD (which is incorporated herein by reference) permits a special tax to be levied only on property that has been zoned for residential uses; and WHEREAS, the Mitigation Plan demonstrates that the taxes to be levied on property lying within the CFD are necessary to mitigate the expected results of residential development within the City; and WHEREAS, the City has determined that in the interest of economic fairness, all residential developments within the City should bear a portion of the cost of the school facilities needed to house students expected to be generated by such residential development; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN as follows: Section 1. (A) The City shall not approve or conditionally approve any general plan amendment, change of zone, specific plan or specific plan amendment, development agreement or any other land use entitlement (collectively, the "Land Use Entitlements") constituting a legislative act of the City with respect to any property lying within the boundaries of the School District unless and until the applicant requesting the Land Use Entitlement, and the owners of the property affected by the Land Use Entitlement (unless the Land Use Entitlement affecting such owners has been initiated by the City), have entered into and executed an agreement with the School District providing for mitigation of the Land Use Entitlement's impact upon School District school facilities in accordance with the provisions of the Cooperation Agreement. (B) Section 1(A) shall not apply to any Land Use Entitlement initiated by the City. If the City initiates any Land Use Entitlement, the City shall cause a notice to be recorded against the property affected by such Land Use Entitlement to the effect that such property will be subject to the provisions of this Ordinance. Section 2. Commencing with the date the School District adopts an ordinance pursuant to Section 53340 of the Act regarding the levy of a special tax on property lying within the boundaries of the proposed CFD (the "Ordinance Approval Date"), no final maps relating to 2E9Z0042 2 residential development within the City shall be approved unless the property identified on such map is part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to Section 3114.5 of the California Streets and Highways Code (the "Lien Act"). Section 3. Prior to the Ordinance Approval Date, final maps relating to residential development within the City shall be approved only upon the condition that no certificate of occupancy will be issued with respect to any parcel of land identified on such map unless such parcel of land is part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to the Lien Act. Section 4. All tentative maps, including extensions or amendments thereof, or conditional use permits relating to single-family and multifamily residential development (including but not limited to mobilehome parks) within the City shall include a condition substantially to the effect that the property identified on such map or in such permit must be part of the legal boundaries of the CFD, as evidenced by a Notice of Special Tax Lien filed with the Riverside County Recorder pursuant to the Lien Act. Section 5. The provisions of Sections 2 and 3 of this Ordinance shall apply to tentative maps approved prior to the effective date hereof only if such tentative maps included a condition which required mitigation of school impacts. Section 6. This Ordinance shall be null and void if the City and the School District have failed to execute a Cooperation Agreement relating to the mitigation of other exactions to finance school facilities by December 4, 1991. Section 7. This Ordinance shall be published within 15 days after its passage at least once in The Hemet News, a newspaper of general circulation published and circulated in the District. 2E9Z0042 3 Section 8. This Ordinance shall take effect immediately upon passage at introduction pursuant to the provisions of California Government Code Sections 36934 and 36937. In the event that this Ordinance fails to receive four (4) affirmative votes, it shall become effective thirty (30) days after final passage. CITY OF SAN JACINTO Mayor Attest: City Clerk 2E9Z0042 4 EXHIBIT C SCHEDULE OF SCHOOL FACILITIES 2E9Z003I C-1 11/14/91 EXHIBIT "C" SCHEDULE OF SCHOOL FACILITIES San Jacinto Unified School District shall provide, through the establishment of Community Facilities District No. 1 thereof (the "CFD") financing for costs involved in design, inspec- tion, acquisition and construction of the facilities, including but not limited to those, set forth below. 1. Elementary Schools Elementary school facilities including, but not limited to, classrooms, administration, library, kitchen, multi -purpose room, storage, mechanical, custodial, open corridors and other elementary school facilities. 2. Middle Schools Middle school facilities including, but not limited to, classrooms and laboratories, administration, gymnasium, shower/locker facilities, kitchen, library, multi -purpose room, performing arts center, storage, mechanical, custodial, bleachers and other middle school facilities. 3. High Schools High school facilities including, but not limited to, classrooms and laboratories, administration, gymnasium, shower/locker facilities, kitchen, library, multi -purpose room, performing arts center, storage, mechanical, custodial, bleachers and other high school facilities. School acquisition and construction will include all buildings, relocatable facilities, transportation facilities, appurtenances, utility hookups, street frontage improvements, landscaping, land acquisition and rights in real property, and fixtures and equipment with a useful life of at least five years to begin operation of the Schools. The financing shall also include, but not be limited to, the costs associated with the Cooperation Agreement, the estimated costs of construction or acquisition of buildings, or both; acquisition of land, rights -of -way, water, sewer, or other capacity or connection fees; lease payments for school facilities, and to pay installment purchase payments, lease payments, payments of principal, interest and premium, if any, on any other bonds or debt of the School District now or hereafter incurred or to pay principal and interest components of lease - purchase or other similar financing arrangements entered into or to be entered into by the School District, including issuance of certificates of participation in such financing arrangement, all or any of which were or will be used to finance facilities that would KRW80059 C-1 benefit, in whole or in part, territory within the boundaries of the Community Facilities District, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued pursuant to the Act, architectural, engineering, inspection, legal (including legal and other costs incurred in connection with litigation or legal and/or equitable challenges to the formation of the CFD and/or the issuance of the Bonds of the CFD, and/or the levy of the Special Tax within the CFD), fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the CFD due and payable prior to the expiration of one year from the date of completion of the facilities, not to exceed two years; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. The description of the school facilities, as set forth herein, is general in its nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes in lieu, or modification to the proposed work in order to accomplish the works of improvement, and any such substitution shall not be construed to be a change or modification in the proceedings as long as the school facilities provide a service substantially similar to that as set forth herein. Notwithstanding the provisions of Exhibit "D" to this Cooperation Agreement with respect to the number of facilities and the moneys allocated to the different types of facilities, the School District reserves the right to adjust such numbers and dollars between and among categories of school facilities. KRU80059 C-2 EXHIBIT D PRELIMINARY ESTIMATES FOR CALCULATION OF AUTHORIZED FACILITIES 1. Elementary Schools School facilities for elementary schools each of which, if operated on a year-round basis, would house approximately students from kindergarten through sixth grade on a year-round basis. Estimated Cost: 2. Middle Schools School facilities for Middle Schools each of which, if operated on a year-round basis, would house approximately students from seventh and eighth grades on a year-round basis. Estimated Cost: 3. High Schools School facilities for High School which, if operated on a year-round basis, is sufficient to house approximately students from ninth to twelfth grades on a traditional basis. Estimated Cost: $ 2E9Z003I D-1 11/14/91 EXHIBIT E PROCEDURES RELATING TO FINAL MAPS APPROVED BEFORE CFD ORDINANCE APPROVAL DATE 2E9Z003I E-1 11/14/91 EXHIBIT "E" PROCEDURE RELATING TO FINAL MAPS APPROVED BEFORE CFD ORDINANCE APPROVAL DATE For any tentative map approved prior to the effective date of the City's "Ordinance of the City of San Jacinto Regarding Financing School Facilities," and for which the City imposed a condition upon such map requiring the proposed project to mitigate its impacts on the school facilities of the San Jacinto Unified School District, at the time such map is submitted to the City for final approval, the City shall restate such condition as follows: "No certificate of occupancy shall be issued with respect to any parcel of land identified on this map unless either: (1) such parcel of land is a part of the legal boundaries of the Community Facilities District of the San Jacinto Unified School District as evidenced by a notice of special tax lien filed with the Riverside County Recorder, or (2) the applicant for the map has presented written evidence to the City that it has mitigated the adverse impacts of its project on School District facilities to the satisfaction of the San Jacinto Unified School District." DJM80142 CITY ORDINANCE MEMORANDUM TO: Mayor and City Council via Pamela S. Easter, City Manager FROM: Anna A. Vega, Finance Director SUBJECT: Redevelopment Tax Allocation Bonds Public Notice DATE: November 17, 1991 RECOMMENDATION Authorize the Finance Director to publish such notices as may be required by state law in connection with the sale of Tax Allocation Bonds by the Redevelopment Agency. BACKGROUND The Finance Director and C. M. deCrinis, the City's financial advisor, met with the Finance Committee to discuss their interest in issuing Redevelopment Tax Allocation Bonds. All parties were in accord with the advantages of doing such an issue at this time. The intent is to sell up to $5,000,000 in Tax Allocation bonds to finance an upcoming list of needs being developed by the redevelopment consultants and staff. Secondly, since the Redevelopment Agency did not issue any bonds during this calendar year, the Agency can take advantage of not having to calculate the arbitrage rebate required by law. If bonds are issued under $5,000,000 in one single year the calculation does not have to be done, saving the Agency about $2,000 to $3,000 in annual calculation fees. The above recommended action sets in motion procedures to allow the Redevelopment Agency to issue Tax Allocation Bonds. At the December 3, 1991 Council meeting, the Agency will decide whether to go forward or not with the sale of such bonds. The Agency may determine not to go forward with the financing without liability until it actually awards bonds to the best bidder. The notice of intention to sell bonds will be published in the Bond Buyer on November 22 and in the Hemet News on December 4. These publications must be made at these times in order to accommodate the financing schedule which is, to close prior to December 31, 1991. //-/f- ?'/ STAFF REPORT DATE: November 19, 1991 TO: Honorable Mayor and City Council FROM: Pamela L. Lee, Interim Deputy City Clerk SUBJECT: Minutes of Regular Meeting November 5, 1991 RECOMMENDATION: Approve the minutes of November 5, 1991, as submitted. MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY November 5, 1991 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 7:30 P.M. by Mayor Boykin at the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Ford, Hafliger, Leahy, Richards and Mayor Boykin Absent: None A Moment of Silence was observed for Reflection Pledge of Allegiance was led by Mayor Boykin 2.0 SPECIAL PRESENTATIONS 2.1 Rick Gaches, District Manager of the Southern California Auto Club presented to Mayor Boykin and the City a Safety Award 3.0 CONSENT CALENDAR A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford to approve the consent calendar items 3.1 through 3.20, with the exception of items 3.5 and 3.6 to be discussed in closed session, as submitted. Motion carried on a 5-0 vote. 3.1 Minutes of Regular Meeting of October 22, 1991 Approved the Minutes of October 22, 1991, as submitted. 3.2 Minutes of Special Meeting of October 29, 1991 Approved the Minutes of October 29, 1991, as submitted. 3.3 Ordinance - Time and Location Council Meetings Waived the full reading of Ordinance No. 941 and read by title only and introduced Ordinance No. 941 repealing Title 2, Chapter 2.04. Section 2.04.010 of the Municipal Code. ORDINANCE NO. 941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, REPEALING TITLE 2, CHAPTER 2.04, SECTION 2.04.010 OF THE CITY OF SAN JACINTO MUNICIPAL CODE RELATING TO TIME AND LOCATION OF COUNCIL MEETINGS 3.4 Warrant Register Approved Warrant Nos. 26561 through 26700 dated October 31, 1991, in the amount of $662,528.80 as submitted by the Finance Director. 3.7 Agreement for Preparation of a Parkway Master Plan Approved the preparation of a Parkway Master Plan by Kammeyer and Associates, authorized the City Manager to negotiate an appropriate contract for the Mayor's signature, and authorized the use of $23,410 in Parkway Funds for the work. 3.8 Amend Engineering Services Contract - NBS Lowry Street and Storm Drain Design - Esplanade between State Street and San Jacinto Avenue Approved contract amendments in the amount of $40,000 for Construction Engineering and Administration Services by NBS Lowry and increased the contract amount to $194,650. 3.9 Consultant Selection - Water and Sewer Master Plans Approved the selection of Kennedy/Jenks Consultants of Irvine to prepare Water and Sewer Master Plans for the City and authorized the City Manager to negotiate an appropriate contract for a not to exceed amount of $108,462. 3.10 Contract for Title III Funds - Fiscal Year 1991/92 Approved the contract with Riverside County Office on Aging for remaining nine months of the fiscal year for a grant in the amount of $5,260. 3.11 User Fee Study Awarded the contract to David M. Griffith & Associates, Ltd., in the amount of $35,000.00 plus expenses not to exceed $5,000, for the purpose of conducting a study on current City fees and charges and any other fee currently not being addressed. 3.12 Ratification of Defense (Esplanade Associates) Ratified the hiring of Orrick, Herrington & Sutcliffe (bond counsel) to defend the suit filed against the City and Brian McNabb. 2 3.13 Meridian Street Quitclaim - Rancho San Jacinto Accepted Quitclaim Deed dated May 22, 1991, from William Webb Corwin; authorized the Mayor to execute a Quitclaim to PR Equities; and authorized the release of performance, labor and material bonds posted for the Meridian Street improvements. 3.14 Final Map - Parcel Map 26580 (Arrowhead Pacific) Located between the Ramona Expressway and Idyllwild Drive, approximately 200 feet west of the intersection of State Street and Ramona Expressway Approved final Parcel Map 26580 and authorized the Mayor to sign the map for recordation. 3.15 Bid Award - School Crossing Warning Lights - Esplanade/Commonwealth (Parkhill Elementary) Awarded the contract to AMPCO Electric, Inc., authorized the Mayor to execute an appropriate contract on behalf of the City and approved the expenditure of $12,800.00 funds from the Community Facilities District No. 2. 3.16 Filtration System - Grand Avenue Well Received and filed. 3.17 Public Works Plans/Studies Consultants Fiscal Year 1991/92 Received and filed. 3.18 Capital Outlay Equipment Purchase Approved the purchase of Capital Outlay Equipment from Anderson Company in the amount of $7,200; Systems Sources, Inc. in the amount of $13,900; for a total expenditure of $21,100. 3.19 Change Orders - Western Landscape - CFD #2 Approved Change Orders 7 through 11 in the total amount of $25,578.00. 3.20 Agreement for Acquisition of Improved Easement (Holcomb) Buena Vista Avenue - Tract 23300 Approved the agreement for purchase of improved easement and authorized the Mayor to execute said agreement, at a cost not to exceed $11,591.25. 4.0 PUBLIC HEARINGS 4.1 Appeal - SP 2-88 Amendment (Rancho San Jacinto Development - Continued from 10/8/91) Located south of Esplanade Avenue between Mountain Avenue, Meridian Channel, and Meridian Street. 3 Community Development Director McNabb gave a brief report and pursuant to a request by the applicant, recommended that the matter be tabled. Mr. McNabb also advised, if the matter were to come back for consideration, it would be re -advertised. A MOTION was made by Councilmember Ford, seconded by Councilmember Hafliger to table this item to allow staff and representatives of Peacock Radaker to continue to discuss alternate uses. Motion carried on a 5-0 vote. 4.2 Northwest Improvement Area (Continued from 10/8/91) Community Development Director McNabb reviewed the recommendation and noted the additional handouts presented earlier in the evening, including; letters from the San Jacinto Unified School District, Larry Lynch, Eastern Municipal Water District and a copy of a letter from the City to Mr. Ken Smith; and mitigating monitoring conditions. Also noted that the correct acreage should read 150 instead of 178, and the correction regarding bridges. Mayor Boykin opened the public hearing. Dave Cottington, speaking as a representative land owner in area, advised that he had been following the plan and process for almost a year. Commended staff for their hard work and a job well done. Urged adoption. Donald Holmes, 142 South Sheriff, representing the request to withdraw from project. Advised that Tentative Tract Map 26246 had been approved, and wanted to know what the final school figure would be. Mr. McNabb advised that a final figure was not yet available. Mr. Holmes advised he had attended many school board meetings where the matter was tabled. With regard to sewers, he believed that they had an approved sewer plan, and now EMWD proposed considerable revisions and was limiting them to 330 feet from Cottonwood with gravity flow to all the others, while the original sewer plan was adequate. Felt that each time an agreement is reached, the conditions are changed and they have to start all over. With regard to flood control, they are trying to find solutions, and the planning staff had requested they wait another 6-8 months to see what happens. Did not feel they were receiving a fair shake and therefore requested withdrawal. If they should be included, requested a written guarantee that there would be no 4 assessment for which they did not directly benefit from. Finally, requested that the Cottonwood sewer line be used, and the profiles confirmed that. Mr. Holmes, in response to Council inquiries, state that they would not benefit by levy for water accumulation. Stated the City needed to take care of the water being dumped upon them. Mike Record, 27410 Hemet Street, commended staff and urged support of the plan. Stated the project would remedy many of the existing conditions. Greg Hahn, Maclin Markets representative, favored adoption of the project and commended staff. Stated that the Planning Commission had reviewed the project in detail and urged Council adoption. Randy Record, 1480 De Anza, a property owner in the area, commended the plan. Felt that many had paid taxes for years, but that all should pay their fair share for facilities to relieve the existing conditions for the benefit of all. Urged that all concerned parties work together and requested Council approval. There being no further testimony, Mayor Boykin closed the public hearing. In response to Council inquiry, Mr. McNabb advised that a letter could be provided to Mr. Holmes containing the general city policy. Further stated, if Mr. Holmes were able to develop now, there appears to be capacity at Cottonwood and would not require an assessment. However, if he did not develop for two years, then they would need to address how to sewer the site. Mr. Holmes options were to go with the Northwest Plan and an assessment district or get into a parallel line on Cottonwood with EMWD and they would have to pay their fair share. Timing is of the essence. Mr. McNabb further clarified for Council that the sewer lines would ultimately be the City's and hence the City policies would have to apply. Unless the City were to change their standards or specifications, they would only be permitted to connect to the 27 inch line. In addition, the original plan showed only one foot of coverage which would be inadequate. Further, due to the meandering streets of the tract layout, distance is limited. Also clarified the reimbursement/credit policy of the City in the event the developer constructed the necessary facilities, depending upon whether they are interim or permanent. Agreed to write a letter on the general policy. Clarified that final engineering and plan checking would be the only accurate way to make determinations. City Manager Easter explained the necessity for the School District to continue providing letters, to preserve their rights, until such time as an agreement is reached. Felt comfortable with the City position of taking action at that time. City Attorney Cox stated that if an agreement were not reached, the City could expect a challenge to the project from the School District. Would not give an opinion as to the success of such a challenge, it all hinged on what would happen at the next meeting. A MOTION was made by Councilmember Richards, seconded by Councilmember Leahy to adopt the Mitigated Negative Declaration; deny the request to delete 315 acres from the Northwest Area Conceptual Specific Plan which would result in non -uniform and illogical boundary; and direct staff to write a letter to Mr. Holmes and other affected property owners advising of the City's general policy regarding flood control and sewers; approve modification request to allow "Community Commercial" land use designation at the northwest corner of Community College Drive and State Street; and adopt Resolution No. 2004 approving an amendment to the Land Use, Circulation, Hazards Management, and Aesthetic, Cultural, and Recreational Resources Elements of the General Plan and adopt the Northwest Area Conceptual Specific Plan as amended including the mitigating monitoring conditions. Motion carried on a 4-0-1 vote with Councilmember Ford abstaining. A MOTION was made by Councilmember Ford to amend the motion and table for two weeks. Motion failed for lack of a second. Councilmember Ford stated that although in favor of the project, felt the school agreement was needed first. Mr. Ford saw no reason to take action at that time, felt more investigation and more definite statements were needed for the people in that area. Still need to address some issues. RESOLUTION NO. 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING AMENDMENT TO THE LAND USE ELEMENT CIRCULATION ELEMENT, AESTHETICS, CULTURAL, RECREATIONAL RESOURCES ELEMENT, AND HAZARDS ELEMENT OF THE SAN JACINTO GENERAL PLAN FOR THE FIRST CYCLE OF 1991 4.3 General Plan Amendment 2-91 Located north of Artesia Street, south of the Ramona Expressway, west of Vernon Avenue and east of San Jacinto Avenue At the hour of 8:30 P.M. Councilmember Hafliger declared a conflict of interest and left the Council chambers. Community Development Director McNabb gave a brief report on the background of the proposal. Requested that Council action include the mitigating monitoring conditions added to item 4.2 previously adopted that evening. Anticipated filing an annexation in the next 3- 5 months and will continue to work with residents. In response to Council inquiry, advised that the street issues would be addressed later in the circulation element. Confirmed that the school issues were addressed in the staff report. Finally, that the presentation applied to this proposal, as well as item 4.4 following on the agenda that evening. Mayor Boykin opened the public hearing. There being no speakers wishing to present testimony, Mayor Boykin closed the public hearing. A MOTION was made by Councilmember Leahy, seconded by Councilmember Richards to adopt Resolution No. 2005 approving General Plan Amendment 2-91 and grant a Negative Declaration with mitigating measures, including the mitigating monitoring conditions. Motion carried on a 4-0-1 vote with Councilmember Hafliger abstaining. RESOLUTION NO. 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, APPROVING AMENDMENT TO THE LAND USE ELEMENT OF THE SAN JACINTO GENERAL PLAN 7 4.4 Change of Zone 6-91 Located north of Artesia Street, south of the Ramona Expressway, west of the easterly terminus of Burt Street, and east of San Jacinto Avenue A MOTION was made by Councilmember Leahy, seconded by Councilmember Richards to waive full reading and read by title only and introduce Ordinance No. 942 approving change of zone 6-91 and grant a Negative Declaration with mitigating measures, including the mitigating monitoring conditions. Motion carried on a 4-0-1 vote with Councilmember Hafliger abstaining. ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING CHANGE OF ZONE 6-91 AMENDING ZONING MAP OF THE CITY OF SAN JACINTO At the hour of 8:37 P.M. Councilmember Hafliger returned to the Council chambers. 5.0 ORAL COMMUNICATIONS None 6.0 CITY DEPARTMENTS 6.1 Options in Considering Final Tract Maps Prior to Agreement and Ordinance - Financing School Facilities City Manager Easter advised that this matter was a follow up to Council request for options when considering final tract maps before an agreement for school facilities fees is reached. Community Development Director McNabb recommended that Council direct staff to prepare an ordinance for development limitations, to be available in the event an agreement is not reached at the next meeting with the School District. There being no objections from the Council, Mayor Boykin so directed staff to have an urgency ordinance available at the meeting of November 19, 1991. 7.0 MAYOR AND COUNCIL MEMBER REPORTS/DISCUSSIONS 7.1 Museum Board Appointment 8 A MOTION was made by Councilmember Ford, seconded by Councilmember Hafliger to appoint Louise Powell to the Museum Board with a term of office ending June 30, 1994. Motion carried on a 5-0 vote. 7.2 San Jacinto River Park Proposal Councilmember Leahy advised of a meeting, including the YMCA, regarding a proposal for the Hemet Youth Baseball use of the San Jacinto River Park, which would mean the County leasing to the City, and the City subleasing the facilities. Requested that the City review the feasibility. Based upon Council discussion, depending on action taken, suggested that the issues reviewed include liability, funding maintenance and also the possibility of a model car raceway with Mark Morgan. With regard to possible annexation, the issue of Country Lakes would have to be addressed first. A MOTION was made by Councilmember Ford, seconded by Councilmember Hafliger to direct staff to work with Councilmembers Leahy and Richards (Recreation and Parks Subcommittee) to investigate facility and proposal, in consultation with Valley Wide Recreation District. Motion carried on a 5-0 vote. Additional Issues to Address: Councilmember Richards requested that subcommittees or committees be established to look at various situations. More specifically, a request from the Soboba Tribal Council concerning a bridge across the river. Felt that a committee was needed to review and study the issue. Hearing no objections, Mayor Boykin appointed Councilmembers Ford and Richards to act as an ad hoc committee and work with the City Manager to establish some outline how to approach this, bearing in mind the funding situation, and the need for staff to act as the contact person for the City. Councilmember Richards requested that Mayor Boykin proclaim Friday as "Tiger Day" in honor of the homecoming, with Councilmember Richards providing the specific language for the proclamation. 8.0 CLOSED SESSION 9 At the hour of 9:01 P.M. the City Council convened in closed session pursuant to Government Code Section 54956.9 (b) (1) for potential litigation (Items 3.5 and 3.6 from the Consent Calendar: 3.5 Claim - Lisa Marshall 3.6 Claim - Honee Michelle Larcom - File #13741 MD At the hour of 9:38 P.M. the Council reconvened in open session with all Councilmembers present. 3.5 Claim - Lisa Marshall Rejected the claim pursuant to Government Code on a vote of 5-0. 3.6 Claim - Honee Michelle Larcom - File #13741 MD Rejected the claim pursuant to Government Code on a vote of 4-1 with Councilmember Leahy dissenting. Council directed the City Attorney to send a letter to Premier Homes advising them the Council would hear their brief request for reconsideration at the Council meeting of December 3, 1991. 9.0 ADJOURNMENT There being no further business A MOTION was made by Councilmember Leahy, seconded by Councilmember Ford to adjourn. Motion carried on a 5-0 vote. The hour of adjournment being 9:40 P.M. Submitted by Maurice Armster, City Clerk Deputy City Clerk 10 Approved by Francis R. Boykin, Mayor 11-if- 9/ STAFF REPORT DATE: November 19, 1991 TO: FROM: SUBJECT: Honorable Mayor and Council Pamela L. Lee, Deputy City Clerk Time and Location of Council Meetings RECOMMENDATION: Waive the full reading of Ordinance No. 941 and read by title only and adopt Ordinance No. 941 repealing Title 2, Chapter 2.04, Section 2.04.010 (Ordinance 689) of the Municipal Code relating to the time and location of City Council meetings. The City Council, at the regular meeting of October 22, 1991, adopted Resolution No. 1999 establishing rules and procedures for conduct of City Council meetings and other related functions. Said resolution contained the time and location of such meetings, in addition to other guidelines. Pursuant to Council direction at that meeting, staff brought forward the necessary ordinance to repeal the existing guidelines with regard to Council meetings, which was introduced at the November 5, 1991, meeting. The action now is to adopt the ordinance, which will then be effective January 1, 1992. ORDINANCE NO. 941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, REPEALING TITLE 2, CHAPTER 2.04, SECTION 2.04.010 OF THE CITY OF SAN JACINTO MUNICIPAL CODE RELATING TO TIME AND LOCATION OF COUNCIL MEETINGS The City Council of the City of San Jacinto, California, does ordain as follows: Title 2, Chapter 2.04, Section 2.04.010 relating to the time and location of City Council meetings is hereby repealed. Said City Council, on October 22, 1991, by Resolution No. 1999, did adopt Rules and Procedures for conduct of City Council meetings and other related functions, including the time and location of City Council meetings. The effective date of this ordinance shall be January 1, 1992. APPROVED AND ADOPTED this 19th day of November, 1991. Francis R. Boykin, Mayor ATTEST: Maurice Armster, City Clerk Deputy City Clerk The foregoing ordinance was introduced at a regular meeting on the 5th day of November, 1991, and subsequently adopted at a regular meeting the 19th day of November, 1991, by the following vote: AYES: NOES: ABSENT: ABSTAIN: I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 941 on file in this office. Deputy City Clerk 4/. 3 if /7- fi STAFF REPORT DATE: November 19, 1991 TO: Honorable Mayor and City Council FROM: Pamela L. Lee, Interim Deputy City Clerk SUBJECT: Claim - Kaylene Gutierrez RECOMMENDATION: Deny the Application for Leave to Present Late Claim, as untimely. Claimant previously submitted a claim to the City on October 3, 1991. The City Attorney Attorney subsequently returned the claim as untimely. Claimant has now filed an Application for Leave to Present A Late Claim. The City Attorney has recommended that this also be denied as untimely. //- /9- 9/ STAFF REPORT DATE: November 19, 1991 TO: Honorable Mayor and City Council FROM: Pamela L. Lee, Interim Deputy City Clerk SUBJECT: North Mountain Communication Site RECOMMENDATION: Accept the withdrawal by Roger Morgan and cancel the transaction. The City Attorney has recommended that the Council take the above action pursuant to the receipt of a letter from Mr. Morgan indicating he wishes to withdraw his offer to sell the above referenced site. The City Attorney memorandum is attached for your information. Th0NiA5 H. CC _.At-tES A, COX EEVERLY HCANIPER November 13, 1991 COX, COX & CAMPER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Laos EAST FLORIDA AVENL/ HEMET, CALIFORNIA 2543 To: Mayor and Members of the City Council From: Jim Cox Re; North Mountain Communication Site TELEPHONE AREA CODE 714 t552- i40 0 FAX (714) ES:2-355Q The City has recently received a letter from Roger Morgan indicating his intent to cancel the transaction and withdraw his offer to sell the North Mountain communication site to the City. In order to create a clear record of events, I have suggested that this matter be placed on the consent calendar fOr the Council to take action accepting Mr. Morgan's withdrawal of the offer and cancelling the transaction. Sincerely, James A. Co, November 5, 1991 Ms. Pamela S. Easter City Manager 201 E. Main St. San Jacinto, CA 92583 Dear Pam, I was surprised to see in the Hemet News on November 1 that the issue of the Comsite sale to the City is still alive. Having heard nothing from you or Mr. Cox since his last letter, which must be at least six weeks old by now, I assumed there was no further interest. In any event, I would like to terminate the discussion and rescind any offer that may still be implied at this point. Please advise and thank the Council for their consideration of this matter. Sincerely, INTERMAC, INC. ogeMor a President MEMORANDUM TO: Mayor and City Council via Pamela S. Easter, City Manager kROM: Anna A. Vega, Finance Director SUBJECT: Register of Demands DATE: November 19, 1991 RECO I IN a ATION Approve warrant numbers 26701 through 26851 dated November 19, 1991 in the amount of $ 208,512.99. I , . A listing of the warrants is attached for your review and approval. CIT1 OF SAN JACINTO 6LCD12 9EGISTE� �� -UBITED DEMANDS PAG[ GH[CK Z6703* 267O4* 267O7* 2670O* 267O9* 28710» 26711* 26712* 26713* 26714* 26715* 26716* 26717* 26718* 26719* 26720* 26721* 26722* 26723* 26724* 26725* 26726* Ui&lED DATE i1/15/91 SO, CH^ �AS �UUTHERN CALIF. EDI2ON SO, C�^ GAS SmU[HERN CALIF, EDISON HEALTH NET PUBLIC EMP. RET^ SYSTEM SO^ CA. GAS SOUTHERN CALIF. EDISON SAN JACINTO TREASURER'S DENT! CARE OF CALIF. AVP VISION PLAN SO° CA. GnS SQUTHERN C�LIF^ EDISON U,S^ POSTMASTER �SPHALT COUNCIL EASTERN MUNI^WATER DIST TAMRA GERARD GRAFlX EXPRESS INT'L COUNCIL 8HOPPING UNDERGROUND GHORING SOUTHERN CALIF. EDISON SO. CA, GAS THE CARPET MAN U,S^ POSTMASTER SOUTHERN CALIF- EDISON SO^ CA^ 8AG CONTRACT INDUSTRIES 26728* 26729* RIVERSIDE CU- EMP^ 26730* JO^ GA. GAS 26731* SOUTMERH CALIFLDISQ, !AFL TY-nLEEN CORP. SOUTHEKN ClLlF' E2lSUN 26735* RIVERSIDE COUNVi CLEkK CO, RIVERSIDE BUILDING SQ, CA. GAS 26738* �UUTHERM CALIF, EDISON VENTURE IWN 26740* vOUTHERN CALIF, EDISON 26741« SO^ CA^ GAS 26/42 CYNTHIA JEFFS 26743 BAR�Y DACKLUND �6/44 xnND� HICKS 267�5 LAWRIli. NCE PRESTON 26746 SAMUEL RlCKMAN �67�7 JENNIFER ROYSTEh 26748 o-1 LUCK & KEY 26749 n~B^I^ ATTORNE� mLEKT BARRICADE GESCRIPTION PAYMENT COLLECTIONS PAYMEHT COLL[CTIONS PAYMEHT COLLECTIONS PAYMENT COLLECTIONS MEDICA|- INS|)RANCE RETIREMENT CONTR. PAYMENT COLLECTIONS PAYMENT COLLECTIONS ESTABLISH CASH DRAWER BENEFIT -DENTAL INS, V7SI�� PLAN ING^ PAYMENT COLLECTIONS PAYMENT COLLECTIONS REPLEHIGH POSTAGE METER REGISTRATION-P,W^ i'' 40TER METER-C,F.D^ t2 NEWSLETTER DESIGN -4-GQAPHIC PRINTS-ADMIN^ BLDG, CGNFERE�CE-COUNCIL SEMINAA-WATER PAYMENT COLLECTIONS PAYMENT COLLECTIONS DEPOSTI CARPET/VINYL-BLDG POSTAGE -WATER BILiS P001ENT COLLECTIONS P�YHEAT COLL[CTIONS OFFICE FURNITURE DEFERR[D COMP^ DEDUCTIONS CRE�Ir UNION DED||CTTONS PAYhENT COLLECTIONS PAYMENT COLLECTIONS SEMINAR-CASTILLO POY:[NT COLLECTIONS PAYMENT CCK'LE[TIONS ANNEX t59-LAFCO FEE GEMIWAP-3HIPMAN PAYMENT COLLECTIONS PAYMENT COLLECTTONS DE�GGIT'CATERING/XMAS PARTY PAYMENT COLLECTIONS PAYMENT COLLECTIONS CASHIER -PART-TIME HELP SCAOOL-P.D^/PO8T REIMB, ��HI#AP-P.D^/POST REIMB^ N�RC^ CONFERENCE-P^D- REIMB^-A/C CLASS RElMB^ �EF&ICES CLAIM-WILSON CELLULAR PHONES BARPICADES-POTATO FFSTIVAL AMOUNT 190^Q6 150,49 19,212^82 19,230^19 69^10 352^41 200^OO 2,465^55 93O^26 33O^45 332.16 98O^O0 6O^O0 5^521,5O 242^43 350^26 82O^00 150^O0 236^40 322^98 4'000^O0 90O,O0 297^O8 3'379^38 1,195^O0 2,O19.00 244^i9 487^25 280^15 1,275^00 758^52 1,6G2^39 150^OO 1'783^20 633^22 a48^00 246^OO 246.00 227^8O 5O.00 410,OO 14O^62 10O.0O 4^09 63^20 GL�D12 . 1 . IT( UF SAY ]ACINTO kEGI3TER JF A/|DITED DEMANDS �AGE CHECK 2�754 26755 26758 a6759 2676D 26761 26762 267�3 267b4 26765 26766 26767 26768 26771 m772 26773 26774 26775 n6776 26778 26779 26780 26781 �678� 2�/G/ z6788 26789 W792 26793 2b790 2679� A6796 2677y ?6798 26�99 2d8O0 2�8O1 268O2 WNITED "ALIFORNTA BANK A/C 201398 DATE 11/15/01 ISSUED TO wLPHA BETA eRROW PRINTING E.S. BABCOCK n SONS BOB'S LUMBER LA. 6UILDI11 0FFlCIAL CALIF^ CONTINUING CALDWELL FLARES WIqTERS CERTIFIED WELDINS MICHAEL C^ CHESNUT SANDRA DnLBEY mENTLEY EASON FORECAST COR�^ FORECAST CORP, RUBEH GUZMAN JULIE HALL JOHN MARVEY WE MARTINEZ INDALECIO/CLARA MQNTUYA CANKELARIO MORENO ANTHGNY NQLIN HENRY ROBBINS KATHLEEN SOLEY BOB YOUNG COM SER CU^ C^E.D^ COMPUTER RESOURCES CONRAD & ASSOCIATES CREST MEDICAL INC, L^N, �URTISS D^J^ JOHNGON DESIGN GERwLD DAVENPORT DE �ROS BLUEPRINlN6 ROGER SAUCE DENNEi EAGTERH MUNI^WATER DlST OK^M^P, [HE EXECUTIVE GALLER\ DAVID EVANS & ASSOClATE EVANS TIRE CO. FERGUSON.PRAET&SHERMAN FIRE SPRIMKLER v)DVISURY FIRST INTERSTATE BANK GTEL GENEKAL TELEPHQNE CO^ DOLE/EN WEST OIL GRAFZ( EXPRESS HARBOR TRUCK BODIEs QEMET [LEC^ MOTOR HE�ET HEATING � COOL1NG HEMET �MDUSTRIAL SUPPLY HEMET NEWS HEMET OIL INC^ DESCRIPTION ��PPLI�S-F.D. 0L00D PRESSURE CARDS LAD TESTS -WATER 2UPPLIES REGIGTRATION-CHABWICK PCBLICATION-BLDG^ 6CHGCL �EE-CONSULTING SERVICE HOSE R��L-WATER ASSOCIATE PLANNER SERVICES REIMB^ WATER DEPOSIT REIMB^ WATER DEPOSIT REIHB^ WATER DEPOSIT REIMB^ WATER DEPOSIT REIHB^ WATER DEPOSIT REIMB^ WATER DEPOSIT REIMB. WATER DEPOSIT REIMB^ WATER DEPOSIT REIM% WATER DEPOSIT REIMB, WATER DEPOSIT REIMB^ WATER DEPOSIT REIMBo WATER DEPOSIT REIMB^ WATER DEPOSIT REIMB^ WATER DEPOSIT RADIO MAINTENANCE -ALL DEPT^ P,W^ ELECTRICAL MAINTENANCE PRINTER CABLE/USA CARDS nUDIT EXAMINAT7ON OXYGEN-F^D^ E&ITP, GUPPLIE8-F,1. DEGIGA SERV%CES-COMM. DEV^ �SPL�HADE/PLwNN^ 4SST, MYLAR9 BUILDlHG INSPECTOR SERVlCES JTILITI�S MEDICAL PRODUCTS -FAD CALENDA�/ORGANTZER-F^D ENGINEERING SERVICFS TIRFS & REPAIRS LECAL-CLAIM/WILGON SEHINAR-WILSON BUSIHESS CARD STMT, MATNT. P,D^ & C.C^ PHO�E S�RVICES DISPENSING �ASTE UIL QQLANCE-GRAPHIC PRINTING REFAIA PLATFQRM TRUCK -WATER REPAIA #OTOR FGR POOi�SALLE PARK SERVICES & SUPPLTES FARTS -SEWER LATERAL LEGAL ADVERTISING GASOLINE AMOUNl 88.06 132^74 15,479^56 1'420^88 1'62O^O0 4^17 25.31 424^30 376^30 29^96 l9.86 55^95 177^O0 36^44 50^OO 5O^00 16^82 5O^00 50^00 812^60 22^96 237^OO 5^43O^OO 37^5O 8,630.78 245^O0 181^51 3~150.00 1,134^44 349^97 1O6^95 5^83O^92 2,719,23 88.68 580.28 4,818^62 57^5O 77^O6 6U^OO 57.50 51^73 68^60 144^25 1.007.16 � CITY OF SA# JACINTO m5isCLR u; AUDITED DEMANDS PAGE CHECK 26805 208O7 26808 2�809 2681O 26811 26812 26813 2b@11 26815 26816 26817 2�G18 2�81i 2�82O 26821 26822 26823 26824 26825 26826 26827 26828 26829 261530 26831 ��832 �6833 .1bu00 26830 26837 26838 26u39 76840 26841 26842 26843 26844 26845 268+s 26G47 26848 26849 26850 26851 UMITED (ALIFORNIA BANK A/C 201398 DATE 11/15/91 ISGUE� rg Hl STANDORD AUTOMOTTVF HILLTOP SOFTWARE HUUSE OF QUALIlY H01383 .10ATIONERY CORF^ INLAND CHEVROLET INDUSTRIAL ASPHAL[ lNLAND DISPOSAL, ENC. INLAND UNIFORMS: L�WTON PRINTING, lNC^ LEAGUE OF CALIF. CITIES LEAGUE OF CAL^CITIES MARKMAN^ ARZYNSKI MISSION UNIFORM SERVICE PACIFIC LEARNING SYSlEM NEWPGRTWAVE SOFT|�ARE /1ORTGN BATTERY MFG^ CO^ JVEiNIGHT INDUSTRIAL PAGENET LARRY PIERCE PLUMBING PRESS -ENTERPRISE PRISON INDUSTRIES QUALITY TRANSMISSIONS KACEWAY FORD RICE DEVELOPMEN[ SAPIETY -KLEEN CORP, 8A14 DIEGO REGIONAL SAN JACINTO ELECTRIC hT^ S"J^ VALLEY WELDlN8 KUTH SCHWAB SEARS. ROEBUCK & CU, JECUOITY PACIFIC 8ANK SECURITY PACIFIC 1Ar1OM SENSUS TECHNOLOGY SHARP BUILDIN8 SUPPLY [HE SIGN CENTER^ [NC. SO^ CALIFORMIA E3}SON SO,, CALIFORNIA GAS CO~ SPARKLETTS JOHN 7OWNSEL UNDERGROUND SERVICE mLE VALLEN SAFETY SUPPLY VALLEY RESOURCE WGRA WORKSHOP CKRL WARREN & CO. WEAR & WOOD WRl7E PRICE XEROX CORPORATION PACTELL DESCRIPTION PEPPIR VNIT 109-P-D^ PROGRAMMING SERVICES 00% ;ARTS /}FFIM QUPPLIES MAINTFNANCE-PRINTER VEHICLE REPAIRS COLD MIX -STREETS TOILET EQUIPT,-POTATO FESTIVAL MAGAZINES-P^D^ FUBLICATICAI- BLDG^ A��U�L SEMINAR-MONTEREY-CLERK CITY AWARDS DINNER LEGAL SERVICES-HOUSEL/CLAIM UNI�ORM CLEANING- P^W^ PRE;IEW YIDEO-F,D^ CGMPUT�R SUPPLIES �ATTERY-P^D^ ��PPLIEg-ALL DEPTS^ REXTAL RADIO PAGERS -ALL DEPTS^ WATER SUPPLIES SUBSCRIPTIONS & ADS GLOVES-F^D. REBUILT TRANS-P^D^ PARTS-P^D^ PEIMD^ GTREET TREES SUPPLIES TUITION-ROYSTER-POST REIMB, REPL RECTJFTER-BRAND WELL C�AHN�L IRON -WATER RECEPrIOHIST/CASHIER-PART-TIME [8GLS-P^W^ �7 60ND REFUNDING ESCROW % SOND REFUNDING ESCROW 104TER METERS BUILDING SUPPLIES NEIGABORHOOD WATCH SIGNS -DONATIONS UTILITIES UTILlTIES MOHTHLY RENTAL -WATER S[MINAR-WATER UTILITY FAX NOTIFICATIONS SUPPLIES-F^D^ SEPARATE WATER BILLS BUDGET G[MINAR-VE0A LIAB^ CLAIMS -INSURANCE ADJUSTERS WGRKERS' COMP^ '\DMIN^ OFFICE SUPPLIES COPIER MAINTENANCE PAGING SYSTEM FOR F.D^ ----------- AMOUNT 122^50 1,231.47 1,575,37 201.O0 3O0^00 209^38 7O4^36 53^77 149^26 14O^00 44^OO 1,209^90 481^53 35^00 71^81 114^97 538,72 305^00 142.14 215^6O 123-85 857^52 810^30 13,Soo. O0 138^50 339^0O 75,37 75^O0 i68^00 53,82 2,T50-0O Z,800,00 7,318,p6 1,468^8O 851.0O 12,914^78 5,722^32 191^43 90^60 10.00 66^81 78^66 155.0O 2,088^81 8^613^00 10~78 283.52 822^20 FINAL TOTAL 208,512^90 CITY OF SAN JACINTO Page 4 REGISTER OF AUDITED DEMANDS Prepaid Checks FUND 10 51,427.41 FUND 39 725.00 FUND 11 142.11 FUND 40 6,486.83 FUND 14 747.73 FUND 50 28,246.37 FUND 18 9,558.90 FUND 65 21,867.66 FUND 20 7,727.91 FUND 66 227.80 FUND 24 131.56 FUND 91 529.32 FUND 25 2,579.49 FUND 96 7,847.07 FUND 32 162.50 PAYROLL 45,252.82 FUND 36 5,521.50 MISC. 19,330.92 PAYROLL $ 208,512.90 MEMORANDUM TO: Mayor and City Council via Pamela S. Easter, City Manager FROM: Anna A. Vega, Finance Director SUBJECT: Financial Report DATE: November 19, 1991 RECO 1 ID4 ATION Receive and File SUMMARY See attached detail of monthly financial transactions. CITY OF SAN JACINTO ' FINAhCIAL REPORT OF ACTIVITY FOR 7HE PEFIOD 7NBING 10/31/91 FUMD qO, DESCRIPTION l� GENERAL FUND 1.�4 SEWER MAINTENANCF � �EVELOPMENT 18 WORKMANG COMPENSATION 1NSUR*NCE FQ; z0 LIABILITY INSURANCE FUND 21 GAS TAX FUND 22 MEASURE A - GAS TAX FUND 23 LOCAL TRANSPORATION FUND 24 TRmFFIC SAFETY FUND LIGHTING MAINTENANCE FL|ND 27 lNTEREST FUND 28 PARK DEVELOPMENT FUND 29 HC8 - HUD FUND 31 SWIMMING POOL FUHD Q PARKWAY DEVELOPMENT FUND 15 COMMUNI[Y FACILITIES 0IS7RICT 0 56 cOMMUNI7Y FACILITIES DISTRICT �2 LOMMUNITY FACILITIES DISlRICT 03 38 UNDERGROUND UTILITY 39 FLOOD CUNTROL +O cAPITAL IMPRO�EMENT FUND 41 TRAFFIC SIGNALIZATION +2 ASSESSMENT DIST, 45 WATER SURCH�RGE FUNB 47 WATER CAPITAL lMPROVEMENT VUND 50 WATER FU�D �5 [RUST �CCOUNT FUND ASGE7S FORFEITURE/EVIDEN.E MONIES 75 PAYROLL FUND 91 SOBOBA PROJECT F�ND �OBOB� DEBT SE|NVICE kEDEVELOTMENT PROJEC� FUND Y7 nEDEV[LOPMENT DEBT �ERVICF OUND RESPECTFULLY SUBMITTED^ PAMEL� S^ EASTEK ClTY MANAGER REVENUES TO DATE 45^OO4 300 730000 54^1O5 148,877 9"419 36,681 12O.1Z0 44,749 14,/50 2^453 95^441 2,327 29,575 266,521 11,462 16,576 17,971 7~221 4,711 205,596 455~642 1O'241 1l7 1!1 49^238 EXPENDITURES 7O DATE 1,432,728 7O,451 96~286 164,516 11,165 114,894 87,129 1~783 59.034 14,031 t3,OOO 1,501 5/499 1^50O 25,811 351,977 38,374 65'5O2 270~786 �98^574 30,129 22,288 750 3,523^81O CASH BALANCE 217,472CR 9/163CP 86,634CR 153,813CR 65'439 55'6O5C� 146,708 8,204 1O,386CR 120,130 40,056 13,OOOCF 7'684CF 13,S95 2+453 78,836 48,30OCF 29,575 266,521 20'85001:'� 16'576 13,056C� 7,221 4,711 6,817 59,8O7 16,183CF 3,783 17.677CR 639C� 3,711 49'238 ------- 253,260 ';7I1 Y OF 6AN JACINTO ENPE40I710E REPORT wCCOUNT DEPAR7nENT oPPROPRIATION EXPENDITURES 3ENENAL 9]ND 10-1100 CIlY COMM; 10-12OO ClTY MANAGER CITY CLER| �INANCE TR[ASURER `�l[� ATTORNEY PLANNING COMMUNITY BUMFLOFMEHT 1O-1900 8ENERAL GOVERNMENT CIVIC 1O-22OO INGURANCE N/\' 10-225O PERSONNEL 10-2400 ANNEXATION N/D 10-250O Hum DEPARTMEMTAL 10-3100 POLICE i0-3200 FIRE z0-330: CUMMUNIlY DEVELOPME�\ BUILDING ^0-400 /`UBLlC gERUlCES 'MIMAL REGULATIONS �o-��O� PUBLIC 3�FET� ' COMMUNl��TT�N� 10-4100 PUBLI[ WORKS ENGINEERING �DMIN 10-*150 PUBLIC WORKS CORPORATION !0R0 z0-+2O0 PUBLIC WORKS STREET MINTEUMCE 10-*40O PUDLIC WORKS ?TREE! :LEANING 10-4550 PUBLlC WORIS EQUIPMENT MAI�TENHNCE 1O-61O0 PUBLIC SERVICE MUSEUM 10-7100 PUBLIC WORKS PARK',.:*., 1O-74OO PUBLIC 3ERVICE2 cOMMUMf CENTYR 3WIHMIMG POOL FUNB 10 TOTAL 'UMD 11 rO7AL 3EW�R nAIN7ENANC[ , \/[VELuPMB�i LO-4600 130LIC WOR�S SEWER lRmnSMI�SIO� MNl 14-+610 LIFT 3TAT[00 FUND 14 TOTAL WORKMANS COMPEN8ATION INSUR�N[E FN� z8-�350 �ORKM�N~S COMPENS�TIUH N/D FUND 1t? TOTAn. LIaBILIl lNSURANCE FUND INSU�ANC[ N/� pUND 20 HuTAL G06 [An �DMD .:1-8210 PUBLlC 'AORKS STREET oA7NT CONST^ �1-8250 P"BLIC WORKS STREEl /'IGHTI@G MAIHT FUND 21 TOTAL MEASURE a - GAS T�X FUHD 183^874 184.085 1^9O5 55~50O 463,147 68^475 434,182 2,O81^804 813^983 306^252 48^64O 131,110 274^857 7,800 O6,018 29~00O 5,427,694 PAGE 24^3O4 28^462 13,406 33~334 417 27^392 79,311 1^975 161CR 19^OOO 129^406 608,482 231,152 81^95O 11^957 50,979 7~768 51,132 2^431 3,366 2,649 1^822 1,432,728 255 164-516 11^l65 11^164 ^ % 56 15 44 18 22 49 17 28 30 29 28 27 25 28 6 17 31 111 111 49 49 4 4 iL Ti 02 SV# .A[INTO'n" ACCOUNT DEPAR7MEN1 nPPROPRIATION FXPENDITURES % �[R[ET IMPROVEMEP/TG-ni]BLIC WORKS 450^O00 114^894 26 ^l]ND 22 %TAL 45O^O0O 114,894 26 �QCAL [CANSPORH7ION FUMD *RT^ 8 �3-623� PUBLIC WURKS STREE\ 58 FUND 23 rOTAL 58 TRAFFIC SoFETY FUND 24-8240 PUBLIC WORKS 7RAFFIC 8AFETY 11O,O00 1^783 FUND 24 TOTAL 110'000 1,782 LI8H[IN6 MAINTENANCE FUND 25-71OO P||BLIC WORKS PARKS 25-823O �UBLIC 14R OKS OTREET LI6HTIN3 YAIOT 3O2,320 FUHD 25 TOTAL 3O2,320 PARk JLY[LUPMENT rUND 28-7150 PUBLIC WORKS P�RK DEVELOPHENr rUHD 28 [OTAL MCD - HUD FUND 29-86bO PUBLIC WURKS HOUSING & COMMi]NITY DV 29-8661 DOWNTOWN WATEK FUMD 29 TOTAL SWIMMING POOL FUND 31-8210) PUBLIC WORKS STREET MoINT^ & 170yST- 31-8400 3WIMMING POOL FUND 31 TOTAL PARkWhY J[VELOPMENT FUND PVENl FUwD �2 ��7A� CGMMUNIT.' FACILITIES DI�TRICT v| 35-25:O HON-DEP�RTMENTAL FUND 35 TOTAL 3O0.000 3O0,000 98^328 98^328 11^500 11,5OO 2 49+5O7 16 59^O33 20 |4^031 14,031 13^O00 5 5 13,000 13 1,5OO COMMUNITY FACILITIES DISTRIul �2 �6-25O0 rOM-uEPARTMEHTAL 1OO.80o 25^811 36-83d0 COMMUNITY FoCILITIES FUND 26 TOTAL 100^900 25'81O COMMUmIT, FACILITIES DISTRIC7 �3 �7-256O �ON-D�PARTMENTAL FUND 3- TOTAL FLUOD CONTROL 39-8230 PUBLIC WORMS STREE! m riTGHWA' TMPRV `UND 39 TOTAL CAPl[aL iMPROV[HENT FUND 700.000 9 9 13 13 52^526 1480 1420 ACCOUHl DEPARTMMil 7 ����ITi OF SA� J�CINTO �YpENDIT|TAT ! EPORT �EpIw ENDING 1O/31,'91 nPPROPRIATION �ON-DEP�RT�EH[AL PUBLIC kUkKS �QUlPhE',r ii�Ii�TEN�NCE FUHD `0 /OTAL *SSESSMENT DIST. �2-H50v *S3ESSMENT DISTR[CT 170 42-85O1 ASSESSMENT DISTRICT vQ-1 FUND +2 TOTAL DEBT SERVICE -COMMUNITY FACILIiIE5 2 43-25OO MON-DEPORTMENTAL FUND 43 TOTA- WATER SURCHARGE FUND 45-9�OO WATER [ANK LOAN FUND 45 TOTAL W�TEk FUND �O-�o0O WATER PURVEY�NCE 5A-94O� DOMESTIC WATEK 50-9*02 |RANSMISSION AND DISTRIBUTION 50-94M PUMPING EXPENSES 50-9410 WATER TREATMENT AND STORAGE 50-947* WATER DEPARTMENT C137OhER ACCOUNTS 5O-96OO WATER TANK LOAN FUND "70 TOTAL [RUST ACCOUNT FUND 65-6650 [RUST FUND CLEARINC FUM "D5 TO701- �OBUBM �'ROJECT FUHD 91'f/00 kEDEVEL8PMENT PROJE[7 FUMD 91 TOTAL 151,800 151,000 1O8,8O3 1O8,8O3 1.230^335 7XPFNDITURES 38^373 18^427 47^075 65^501 212,524 455 45'556 12,250 �98.574 22,288 22.288 PAGE 3 ° 12 43 17 22 52 52 5 5 SOBUBa DEBT S[RVICE /2-v7OO EDNELOPMENT PROJECT 75O 1 FUND 92 TOTj|. 1 �UW-nOD 1NCOME wOUSIHG 94-Y7�0 NEDEVELUPMENT P|'[}.)EC| KEDEVELOPhEN[ PROJECT FUN0 9o-�700 REDEVELUPMENT PKGJEC� FUND 9n \OTAL REDEVELUPMENT DEBT SERVICE FUND 93~574 93,574 23 CIT`/ OF G�N ]ACINT0��' �%PEH�I�UPE REPORT ACCOUNT uEPARTMEHT REDEVELOPMENT PRUJECT FUND ;7 )OTAL LUW-MUD INCOME /|OUSI�!G �^J, Pk�JECl v9-�70O �EDEVELUPMENT vROJE�T FUND "� TOTAL LEDGER TOTAL PAGE APPROPPlATION EXPENDITURES % 943.714 843,714 4 3^523^809 138 RE�E�UE REPORT NUhBER DESCRIPTIO� ESTIMATED REVEHUE TO -DATE PEVENUE PAGE uENERAL FUND to-0110 /A"E3 [URRETT YEAR 810'974 3 10-0111 TAX[S CURREM YEAR io-o115 [AXES MIOR ,EARS 10-ol17 PENALTIES 10-m20 .11E3 AND USE 7MES 212/413 25 z0-ol3O lRANSIEWT 3ICUPw(CY l�� 2^18O 17 L0-n141 IF GAG FR�NCHISE 1^747 10-0142 SOUTHERN CALIF EDISON FR�NCHISE 208 1u-014J CABLE TEL[V[SIUN rRAMCkISE 29,943 z0-0144 REFUSE FRANCHISE 41,405 lV-A145 WATER FRANCHISE 10,433 10-016o BUSINESS LICEN3E 118,00O 11/724 10 10-0165 PROPERTY TRANSFER TAX 58,000 171119 30 1.0-0211) ANIMAL LICENSEY 3^O0O 1,298 43 ��-o2l2 8IC`/CLE LlCENSEG �2w 47 38 10-o21O OR�DING 2.424 BUILDING PERMT3 600^000 76'632 13 PLUMBIN8 PERMITS 10,574 ELECTRICAL |`ERMITS 12^488 MECHAMICAL PERMITS 5^343 z0-0236 3TREET & CURB PERMITS 29^926 10-0240 PRE-IM8PECTIOK 30 10-025O OTHER LICENYE3 & PERMITS 21O 4 OTHER CODE FIHES 410 18 FORFEITS *ND PEfAL|TFS LITT[R lNVESTMENT [ARNINGS lv-�41z lA[ER[ST M: L[)wN8 lH7ERES7 L �GEi,r 10-144o LoBOK. KEHT"' 7�4I-` �A-�501 "UPI LEME|[[AL ! PO['[PTY 012 10-o50b WTAi[ VaHICLE IN ' lE� 234 10-05O9 JEHlCLE OFF pUAD 160 2 zO-O510 HOMEOWMER16 7Ax RELIEF 14^50O 801 10-0511 LlCENSE '/[RIFICATIOM 10-0513 TRAILER 00AC|1 IN-LMj LO-0515 CIGARETTE rAXES 25^O0O 13 10-0529 1"^8^S.T. 21^000 15 z0-0530 SPECIAL SUPPL^ �TATE SU90E0T7O� 10-0567 LEASE-RENTmL CIT7 PRUPERT! 35.5OO 22 hO-0568 LEASE/RENT 10-n580 WnSTE MANAGEMENl CET� GRANTS nl8HWoY C*R�IER� IN-LIE� w75 �ONI�G FEES 22,121 ANNEX6TION FEE 690 GEHERAL M-aN F[ES 25O 10-0605 SUBDIVI8lOM FEE� 4,49O Ld-un10 MAPS^ PUBLICATIOMS, ETC, 1^315 1O-0615 6PECINL POLICING 790 18 /.600 14 5 MUM 1 NUMBER DEGCRIPTION �7I14 OF SAN JACINTO'��' oE;E�UL K��uxT pE[�I�D cNDING |0/31/91 GENERAL FUND 10-0u2O FIRE SPRlNKLERS PERMIT3 �T^ 10-0625 SPECIAL FIRL ESTIMATED REVEMU[ TO -DATE REVE@UE 4.989 143 PAGE % , 10-���O pLAN �HECKING FEE� A1,663 28 10-o635 PLAN S[OROGE FEE�: 31559 10-06+0 PLAN CHECKlN8 ENGlMERING 23,919 10-o645 ENGINEERING MU: 891400 4,795 5 10-0646 TRAFFIC ENGINEERING 10-O647 FLOOD CUNTROL E&GINEIRIHE z0-0650 STREET AND SIDEWALK R[FAIH 80^50O 1,767 2 lO-O66O WEED AND "OT CLEANINU FE[S 65,000 i8,478 28 10-0675 SENIOR CITIZENS 1/625 10-0076 SENIOR CITIZENS DONA\ION'�:` 160 10-07O1 JALE CIF* PROPERTY 22^00O 250 1 10-:720 "EWER P[RMITu 17^20O 3,312 19 1O-,721 MARM /]NDINANCE nE i6^4O0 10-o745 CON! TRIBUTIONS MA-07V`100E4r 38 10-O78Q CERTIFICATE OF OCCUPANM' 550 10-o796 OTHER REVENUL 67,157 10-0791 MISC, 1,953 17 10-O794 SWIMMING PQOL rE[S 10-0795 UTILITY COLLECT ION8 23^654CR 10-0999 OVER & SHOR} 2640'. FUND 10 TOTAL 963.217 [ITLE lIIB GRAM'', 11-0675 [ITLE IlI B 1,748 �6 FUND 11 TO[AL 6.600 1^748 26 6EWER MAIMTEAANC[ � �EVELOPMENT 1*-0410 .HVESTMENT ��RNlNGL ^+-'/+1! mTEREST FROh , (m L0v aEWEN PENhlT� �EWER �AI�TENANC[ FEES U7HLR REVENUL MIA FED .,SSETS FUND 14 OTAL WORKMANS COMPEN8ATIGH [HSURANCE FND 18-00)0 WORkMAN~S COMPENSATlU� �8-O8n5 DIVIDENDS FUND 18 TOTAL UNEMPL/jYMENT INGUGANCE FUi1D 19-�810 UNEMPLOYMENl L1ADIL�i) lNSUR*MCE FUND 20-0790 OTHER REVEUUE 20-0830 LIABILITY INS^ FUND 2O TOTAL 11*,5O0 4O,308 Z6 30 14 12+496 14 OF �,AN JACIHTO �}E;ENUE 01ONT *CC0JqT NUMBER DESCRlPTION KUHD 21-01110 INVESTMENT Em0NINGS 21-V506 UPS VAX 21�m 21-v567 6AS iAX 2107 21-O506 GAS [wX 2107.5 21-0509 VEHICLE UFF ROAD 21-u516 6AS TAX 2105 FUND 21 TOTk� MEASURE A - GAS TAX FUND 22-o410 INVESTMENT EARNIHG� 22-O520 �EA�URE A - GAS [A� PEVENUE FUND 22 TOTAL LOCAL FUND 101^ U 231-0+1O lNVESTMENT EARNINGS 23-k550 wRTICLE 8 nPPROPRIATION PUND 23 T00L rRAFFIC SAFETY FUND 24-O237 STREET & FRAFFIC SIGNS. PERMIT FEES 24-0310 VEHICLE CODE FINES 24-0410 INVESTmENT EARNINGS FUND 24 TOTAL LIGHTIi�G /1AINlEHANCE FUND 25-0110 [AXES CURRENT YEAR OE/]]RED �5-v1lz [AXES 2URREN7 yEAk UNgE?URED INVEST11EHT 7ARNIN% .UPPLEIENUL ��OPEPTY rAX HU�E8WN�R'S l�� |�EL��r .�UN LOM^ �IR 7A� ��MD �SSES3iENl FUND 25 �OTAL 1NDUG[|ll*L DEVELOPMENT AU[HORI7/ 26-0410 lNVESTMENT E�RNINGS 26-0790 OTHER REVENUE DOND PROCEEDS FUND 26 TOTAL INTEREST FUND �7-O41O lNVESTHE�T E�RNIMGS PAKK DEVELOPM[NT FUND 28-�410 lNVESTMENT EARuIk/GS 128-0d5O STREET AND SIDEWALK REPAIR PARK DEVELUPMEN\ ESTIMo7FD REVENUE 138^25O 4.000 12,10O 9�.950 41,88O 1,85O TO -DATE REVFNUE 44.414 ^ 33 32 100 22,334 32 95^433 Al 67~200 148^877 6,794 9,419 22,45O 1,371 J,100 11^65O !�35O i91 �5,182 l^591 6O^626 z20,13O 12O^130 26 25 149 149 CIT\ O� [AN JACINTO'��`' PEAENA|E kTf'uR\ ACCOUNl wU�BER CESCRIPTION PARK DEVELUPMEAT FQND 28—��8v �TA[E 0RANT3 FUND 28 TOTAL HCD — .|UD FUND �9—O592 HCD 6RANTS 29-0791 REVENUE FUND 29 TOTAL SWIMMING 31-01lO 31—O�1O 31—O72O POOL FUND TAXES CURRENT YEAR SECURED lNVESTMENT EARNINGs ADMISSION FEES OTHER REVEMUE CONCESSI�N lNCOh[ POOL �DMISSlONS POUL �ESSONS �OOL CONCESSIONS POOL SHORTAGES FUND 31 TOTAL PARKWAY DEVELOPMENT FUND 32—V673 PARKWAY DEVELOFMENl FUND 32 TOTAL COMMUNITY FACILITIES DISTNI0 41 35—01�O [AAES CURRENT YEAR 0'01017! TAXES PRIUR 'EARS 35—n79A JTPic R REVENUE H]ND 35 70T^L COMMUN1)Y FAClLlTIES OIGTRICl V2 36-01l0 TAXES CURRENT cEAR SECUPED jo—01l5 VAXES PRIOR ad-3410 liVAESTMENT EARNIN0,; 36-0412 INTEREST FISC"L AGEN[ OTHER REYEHUE FUND 3! [OT6L CUMMUNITY FAC1LlTIE3 DI6TRICT 0 37-0110 T/mES CURxENl YE00 X[URED �7—V41� lNVESTMENT ��RuINGS 37—�655 PROP[RTY ASSESS�E�T6 37-07�O OTHER RE'/[NUE FUND 37 TGTAL UNDER8RUUi�D UTILITY ESTJMATED KIEVENUE 98,328 87.000 PAGE TO —DATE REVENUE % 45,274 21 17°0O0 !8,170 18^171 2^092 3 M) = ^ - ]F AN .'ACINTO RE;ENUT REPORT `ERI�D 7WDTH6 10/31/91 �CCOUNl �UMBER :!ESCkIPTION UhDERGRUUND UTILIr\ FUND �8 7UTAL ~LdOD CONTROL 39-0410 lWESTMENT EARNING8 39-A422 &AP[TYL [MPROVEMENTS-�TORM DRAI�S 39-0825 FLGOD CONTROL IMPROVEMENT ^UND 39 TOTAL EST[MATED REVFN|/E cAPITAL IMPROVEMENT FUND �0-0411 lJTEREST FROM RDA LOANS CAPITAL IMPRDVEMENTS - STRU�TUR[S +V-0421 O0O TO -DATE REVENUE 45^O89 81O 440,08O 44O^89O 11,386 4^396 PABE 5 % 59 53 47 49 SIGHnLIZATI0N SPELIAL �TORM DRAIN PROCEEDS FROM UASE TRANGACrIDri5 FUND 40 TOTAL 15^782 37 (RAFFIC 3I8NALIZATION 41-O410 INVESTMENT EARNINGS 41-0423 SIGNALIZATION 41-0825 SIGNALIZATION lMPROWMEN� FUND -11 TOWL ASSESSMENT DIST. 42-V110 [AXES CURRENT vEAR SECUREI! �2-u115 TAXES PRIOR fEARS 42-o4z0 INVESTMENT [ARNINGS t51 '�2 o.�O UTHER �EVENUE MISC, FUND 42 TOTAL 12 DEB[ SUN! CAI -COMMUNITv WCIL1lIEs �- 4J-0110 [AXES CURRENT 7EAR SE[UPED +3-O�1O INVESTMENT EARNIHGS *3-04l2 �N7EREST FLSCAL oGENr .`ROCEEDS FROM LEASE T�ANSo[�TIONS FUND z3 TOTAL WA|ER SU8CH�R8E FUND +5-�4zO IHV[STMENT 0AwIN8u +5-0710 JUWWR8E ASSESSMENT 967^OQO 967,0OO 4 FUND +5 ,OTpo 7,601 17 WATER jmPITAL IMPRUWMENT FUND 47-0�10 INV[STMENT EARNING� �7-O825 �AlE� CAPITAL lMPROVEmWT FUND 17 TUTS/ 5O.)00 10 1O ACC8UNl 4UMDER WA[EK FU1 JESCR[PTION n�RiOD �N�I�� lNVESTMENT EARNING3 \�A[ER DEPARTMENT REV�Nl/G3 MTER CAPITAL IMPROVEMEHT DONATED ASSET: AATER COLLECTIONS TURN ONS FUND 50 TOTAL TRUST wCCOUNT FUND v5-O645 ENGINEERING FEEG a5-1865 M13CELLANEOUS ANNEXATION FEES WONSUMER 9EPOSITE S n I p FEES REFUSE COLLECTIONG �MWD '�OLLECT�UNS PERMIT )O OPEROTE-ST*TE FEF AIR yUALITY IMPROVEMENT NEIGHBORHOOD WATCH FUND a5 TOTAL ESTIMATED RFVENUE 2,5O0 PAGE TO -DATE REVENUE 15^569 12 % A 114 277,593 31 650 26 293^824 3O 11^765 181,619 3,591 2^454 281^T64 125^304 1,166 425 6O8,088 ASSETS FORFEITURE/EVIDENCE MONIES 66-0410 lNVESTMENT EARNINGS 66-0380 CITY'S ADJUDICATED MUNIES 60^000 11.272 19 °6-o887 UNMUDICATED MOMIES u6-O888 RElM�URSEMENT-�U^ OF f77V^ FUND �d 7OTAL 11^272 16 3UBuBA PROJECT FUND VA TNCREM[@l, iNVESiMEN[ [ORMTMh. UTHER WVENUE PROCEEDS FRUM LuAp3 FUND 91 TOTAL SOBUBm unB[ EAm, ICE IMVESTMENT EARNINM, | ]MD 92 TDTAL LOW -MOD [NCOME M8USIN8 9011Bw �4-�*A5 .'AX [NCREMENT 94-�n41O 1NV[STMENT EVRNINGG FUND 104 TOTAL kEDEVELUPMENT PROJECT FUND ,u-04O3 }= [NCREMENT p6-041A INVEHTMENl E�RNlNGS 96-0412 INTEREST FISCAL MGENT MAPS^ nUBLICADONS^ E0.^ 228 228 5,665 wfkmw|w w�+UK' nCCOU�l NUMBER 0ESCRIPTIQN kEDEVELOPMENT WROJECT FUND >�-O790 PROCEEDS FROM LEAGE TPAw�ACTIO#� Yo-oY'10 PkUCEEDS FROM LO�NS BOND PROCEEDS FUND 96 TOTAL REDEVELOPMENT DEBT SERVICE FUND 97-0405 TAX INCREMENT 97-o41O INVESTMENT EARNINGS 97-0412 INTEREST FISCAL AGENT 97-0991 PROCEEDS FROM LEASE TRANSACTIONS FUND Y7 TOTAL LOW-M8D lNCOME HOUSING S^J^ PR�J[�T �9-0�A5 [AX lNCREMENT IMVE8TMENT EARNINGS FUND 99 TOTAL ESTIMATED REVENUE 1^O32,G90 1,152^89O LETGEE TOTAL 11^665^887 PAGE TO -DATE REVENUE % 735 60.167 7 20,587 2 28,651 24 49,238 4 28 MEMORANDUM TO: Mayor and City Council via Pamel aster, City Manager FROM: Ken Leah y Treasurer SUBJECT: Treasurer's Report DATE: November 19, 1991 RECO I I4 ATION Receive and File. I A listing of City and Agency investments is attached for City Council to review and file. DATE SAN JACINTD TNSTI 2TIDN INTEREST MAT1RI` 6 PRINCIPAL SERIAL # RATE DATE AMOUNT STATE -£.A. 982579E STATE- 1&terstate 859 TOTAL INVESTMENTS se ace comely v:t» all r ?it7 DIET ?£ SAN SAC 091 ?38,000 8,085, ICs MEMORANDUM TO: Mayor and City Council via Pamela S. Easter, City Manager FROM: Anna A. Vega, Finance Directo SUBJECT: Potato Festival DATE: November 19, 1991 RECO 1 IDI ATION Receive and File BACKGROUND As budgeted in the 1991-92 fiscal year and approved by the City Council, Staff worked with the San Jacinto Business Association to promote the annual Potato Festival. This year, the Festival was held October 19-20, 1991. Based upon the information submitted from the Chief of Police and Public Works Superintendent, City expenditures were as follows: POLICE PUBLIC WORKS RENTALS SUMMARY 29.5 hours 12.6 hours and equipment Barricades Toilets/Sinks TOTAL CITY CONTRIBUTION COMPARED TO 1990 COSTS $ 955.50 431.20 94.80 704.36 $ 2,185.86 $ 4,473.92 The City of San Jacinto's contribution towards the Potato Festival were $2,288.06 less than the previous year. The City received $330.00 in Business License fees. Therefore, the City's net contribution was $1,855.86. A copy of the San Jacinto Business Association's Wrap Up Notes, regarding the Potato Festival, is attached. SAN JACINTO BUBI!NJESS ASSOCIATION 4TH ANNUAL POTATO FESTIVAL October �9, and 20, 1991 Wrap Up Notes l' Relocation to Farmer's Corner: Several downtown business owners have contacted the BJBA and stated they were very upset that the Potato Festival had moved from downtown. One person stated, "It was absolutely dead on Main Btreet^, and regretted it had been relocated, 2. During the Potato Festival representatives from the SJBA made contact with persons that were holding a Craft Show in the Farmer's Corner. They stated they had never been so busy and noted that many visitors did not have the money to make purchases at that time but had taken business cards and telephone numbers, promising to contact them at a later date. The outcome was very positive as far as the inside craft vendors were concerned' 3' In the week following the Potato Festival, various business owners in the mall were contacted and stated they were quite pleased with the outcome. A couple of the owners stated they had increased their sales by at least 31DU% during the Potato Festival and many expected return customers due to the exposure, 4. The managers of the Farmer's Corner, Darrold and Anna Bole' stated they were quite pleased with the response to the Potato Festival' Mrs. Bole stated to the Hemet News the only areas there seemed to be any problem was from limited parking and �hortage of potato foods. She added she expected those items would be taken care of at the next Festival. 15. Re Cit� provisions: a. Barricades - were satisfactory and served the purpose b' Toilets & Sinks - were satisfactory, the toilets were emptied during the late Saturday night hours, the location and set up was satisfactory, several visitors expressed surprise and were pleased with the sink facilities provided. C. Trash bin and cans were adequate for the area and people participating. d. Police protection was adequate for the area and number of people participating. G. Parking seemed to be adequate - no direct complaints were heard. Page 2 7 . Complaints: a. Two vendors that have participated in previous Festivals stated they did not do as well as they had done when the Festival was held in the downtown area, however, they both agreed the current state of the national economy may be at least partly responsible. b. Many people voiced disappointment of the lack of potato products, several stating they had looked forward to getting some potato pancakes. c. One women became quite angry that the fresh potatoes, provided by Pori -Empire, were all sold out - stating she had driven from Homeland Just to get them. 9. The two generators rented from GKN Rentals provided adequate power for all vendors, however, at least two more electrical boxes will need to be purchased prior to the next event to cut down on the multiplicity of extension cords to each box. It is recommended that one generator be rented for the Cinco de Mayo Fiesta, if held at the 5 points site, to be placed close to the stage as it's power source. 9. There was excellent participation in the Tater Trot and the trophies were well received. Sale of left over Tater Trot Squeeze bottles was poor and the remainder will be given to participating volunteers. 10. There was good participation from the San Jacinto schools in this Festival, operating the SJBA games, a potato store (potatoes furnished by Agri -Empire at no cost), and a booth for face painting. All funds received were kept by the schools, the booths and games equipment were donated by the SJBA. The participants were invited to participate in the Cinco de Mayo Fiesta. 11. A booth was provided for the Soboba Campus of the U. Davis University to sell canned drinks to raise funds for text books. The participants were invited to participate in the Cinco de Mayo Fiesta. Some advance booth applications for the Cinco de Mayo Fiesta were given to participating vendors - not all vendors were given these applications - and they were informed we will be more selective in the type and number of vendors we will accept. 13. Several persons commented that the additional trees and lighting after dark made the Farmer's Corner an ideal site for the Festival. it-/9-F/ DATE: TO: November 19, 1991 Honorable Mayor and City Council FROM: Les Evans, Interim Public Works Director SUBJECT: Award of Bids for Grand Avenue Well Filtration System RECOMMENDATION: Award the contract for the Grand Avenue Well Filtration System to the lowest bidder and authorize the Mayor to execute appropriate contract. ANALYSIS: Pursuant to City Council direction the Grand Avenue Well Filtration System Project was advertised for bids. Bids will be opened on November 19, 1991. The results of the bid opening will be presented to the City Council on the evening of the Council meeting. Funds in the amount of $325,000 are authorized for this project in the approved 199 -92 City budget. We estimate the filtration system will be in operation in the early spring. San Jacinto Police Department 160 West 6th Street San Jacinto, CA. 92583 MEMO a UM 11-/ 9 - 9/ To: Honorable Mayor and Council Members via City Manager From: Chief of Police ' Date: November 13, 1991 Subject: Hofmann Park Update This memorandum is intended to appraise Council members as to the status of Hofmann Park as we move towards its completion. I am happy to say that after several roadblocks the park is nearing completion. To date, the City has expended $16,621.20 on pouring of the sidewalk, laying of memorial bricks, landscape architect, fencing, engineering, flagpole lighting and the setting of the boulder for the Russian monument. Donated items to date are as follows: 1. Gazebo by the Hofmann family. 2. Flagpole by the Vosburg family. 3. Accent tree's (4) from the Harry Hofmann Memorial Fund. 4. Cement work separating the Police parking lot from the park. 5. Supervisor hour by Mr. Peterson during the pouring of the sidewalk. 6. Grading by Alford Puyear Construction. 7. City of Hemet dump trucks (3) with drivers to haul dirt. 8. Dirt for the establishment of the mounding in the park. 9. Contractor coordination from Bob Howe. 10. Additional duties of coordination for city staff. 11. American Flag from the Bill Vosburg family. Memorandum - Hofmann Park November 13, 1991 Page 2 12. California Bear Flag from the Native Daughters of the Golden West. 13. 1 table and bench set from AARP Chapter #989. 14. 1 Tree from San Jacinto Rotary Club. 15. Cement for sidewalk from Hemet Redi-Mix Cement Company. 16. 250 memorial bricks for the sidewalk. 17. Mr. Leo Rose - coordination of cement donation. The following is still to be completed: 1. Sprinkler System parts and supplies at an approximate cost of $9,000 to be installed by city crews. 2. Installation of turfgrass through hydroseeding at a cost of approximately $2,000 by a private firm. 3. Planting material to include trees, (shade and street) at a cost of approximately $13,000. Planting to be done by a combination of city crews and private parties. 4. Installation of a drinking fountain at a cost of approximately $1,500 and to be completed by city crews. 5. Benches w/trash receptacles (3 each) at a cost of $700. Installation to be completed by city crews. Includes pouring of concrete pads for each bench and trash receptacle. 6. Tables with benches (4 each) at a cost of $3,200. Installation to be completed by city crews. Includes pouring of concrete pads for each table with bench. 7. Purchase and installation of two signs (Hofman Memorial Park and San Jacinto Remembers) at a cost of approximately $5,000. Total cost for outstanding projects - approximately $34,400. It is anticipated the entire project, with the upcoming holidays, should be completed in January. Additionally, the park project is still receiving private donations and where we can supplement private funds for the various projects we will. Please let me know if you have any questions regarding this memorandum. MEMORANDUM DAIL: November 13, 1991 TO: Mayor Boykin and Members of the City Council FROM: Brian K. McNabb, Director of Community Development SUBJECT: Change of Zone 6-91 This item was approved by the City Council on November 5, 1991. At that time, the Council introduced and conducted the first reading of the applicable Change of Zone Ordinance, Ordinance No. 942. Therefore, at this time, Staff would like to recommend that the City Council adopt Ordinance No. 942, pursuant to the second reading. Respectfully, BRIAN MC NABB Director of Community Development ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 6-91 AMENDING ZONING MAP OF THE CITY OF SAN JACINTO THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY 0 AIN AS FOLLOWS: Section 1. That Ordinance No. 340 is hereby amended by adding thereto Change of Zone 6-91 as herein set forth. Section 2. That the zoning of the property in the City of San Jacinto shown on the attached map marked Exhibit "A" made a part hereof, is hereby established as R-1 (Residential -Single Family), C-2 (General Commercial), and A (Light Agricultural). Section 3. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 5th day of November, 1991 by the following vote: MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the day of 1991 by the following vote. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk CERTIFICATE STATE OF CALIFORNIA, CO OF RSIDE, CITY OF SAN JACINTO, I hereby certify that the foregoing is a true copy of Ordinance No. duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof held the day of 1991. WITNESS my hand and official seal of the City of San Jacinto this day of 1991. City Clerk 0 a. R-1 'Single Family R168011• .1500/0k Mane. z A < I Agricultural ,7 I co R g I 2 A ••=t 0 Agricultural ie- BURT STEET R-1 I 2 Single Family Ln C-2 CITY OF SAN JACINTO CHANGE OF ZONE 6-91 EXHIBIT "A" PROPOSED ZONING R-1 Single Family AVE.CYPR E$5 A i • SJA 0 0 SCALE 1" = 700' FIRST ST. MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development DATE: November 12, 1991 SUBJECT: Tentative Tract 24738, Tentative Tract 24738-3 and Tentative Tract 24738-4, Final Maps APPLICANT: Forecast Homes LOCATION: West of Kirby Street, between Seventh Street and Cottonwood Avenue Staff and the City Engineer has reviewed Final Tract Maps 24738, 24738-3 and 24738-4 and has found them to be in substantial compliance with the Conditions of Approval and the Subdivision Map Act. However, a question remains as to whether the applicant has satisfied Environmental Condidition #5 which reads as follows: "Participate in school mitigation which may include a school financing district, as determined by the City Council." As such, Staff recommends the Council approve Final Tract Maps 24738, 24738-3 and 24738-4 with the additional wording on the maps as follows: "No building permits shall be granted on any lot unless said lot is within a School District Community Facilities District." Additionally, Staff recommends the Council authorize the Mayor to sign the maps for recordation and execute the Subdivision Agreement. For your information, Tract 24738-1 and Tract 24738-2 have been recorded establishing 69 lots of record. Additionally, 20 building permits have been issued pursuant to school mitigation fees of $1.58 per square foot. Respectfully Submitted, BRIAN MC NABB Director of Community Development BKM SANDERSON AVENUE :A -a .,60I856„ 156 I( • ,. ^ 101 57 5 9 22 TiV4 72 :130 41. NA.LAANSNA 60131 132.4 133, 134 33 1363 ma ya m 4s, A,. 4,6 STREET s 4 1.3 A 4 i 6, P5 9133 14. RTREET 40 '40 10 39 69 89 4,11' 97 ; 2C • Mt 2 .117 -.'61 6, 4 S _ CoTTp.uw000 5 , 4644. •44.4 rr-taa ar-4. "..6 m4, 15.',6 163,4 166", 167• 1138,, /656, !To 171; 77 21 . 4jilt ,N,Ao2 AANNIAA'n tr,t/10 ,1 "a zo k 19 15 M 16 (.4 NI/N— '‘il* 14 25 1%03i37g 4nAl 36 37 I 38 39 750.) 50 9 52 53 '5'4" 5 711 , 44.4 ,,, 24472 66 t 85 6, 84 .6. 83 3 , 2 - AAA .1. ,Act -=. nr•vA "-va 82 16„ 816 806 77' 76; "r.A! 75; A64 kr 5 271 67, 274" 2 ' LOT 151 M.E5 3 5- 1S.11.1), ... 1 1 5 - • 21. k 2' 22 2272 272,11 2 T.12 • 74 73 ;, 72 71 %•+ Alt' AAA, stA6r TENTATIVE TRACT MAP NO. 24738 VICINITY MAP NTS 3.311. CANNA .1, 111:111.cCI , 1,1,1 AC7111777 NOAIECA, A1114.1111,1,111 106,1 CIVIC CAA,. 9111,1, 227,22 271C 22,222 CA 11, „5 AIA 11/18 11( (119 ANN.. 010' AAA. ,,, 11111,10 ACT 2 4 APO /111,11 HAIN ON VIA C.011i1113,1 I CV YAMS / CC TN. 1..A.211 TNI :NA INAID AC Cit.,. TANN A, 5511.1.615, 141111,,A1, CI151,11,1 NA:MN. INIIIINIVAL.A19. 111,1,11., MECCA,' 5NITINAIN CALINCANI A 1191,111 MAW/NA CAA ' 6ALIPAm A 11,1 C1C.AANY VELEPINNO: AN11., ,,,r+PAu CAB, 0.11,,,,111,1 INLAND ',ALL, CANL1A1C1 6,61,665_157 615656.5 C11.8. corrr, SIONNAIN CA; INC, ANC 1,11.171,3 SAM JACINTO SCNINN, DISC./1,N NW. AAA_AA.AA Apar,r LAID Tie VENTH 1' STREET „._ NOPT11 - INSIDINT1A1. 3119311 NESICIAIT I Al CANT - NORSE NA., WANT - VACANT MINIM. 19T SUN IICO S TIKINAN ANOS JcrneaW U&& Associates ..")113{;T'4—'•_;!--61-"ittY'r.4te j u ••• .•. .A? TENTATIVE TRACT MAP N° 24738 I.•••••it ACNI t /2cUi 5, ✓ 5 t L- i9 DO ? d ' SL'/+4'F 989'1G 04'E WARWICK n9 'f 04"5F'04"E 545'd9 g�'-s✓ 7/ 7/ T.F ITY OF SAN „ACINTD. BOUNTY OF RIVERSIDE. STATE OF CALIFORNIA a �T �L47 ti S iNb A .4I0IYISI0n aF Ct .SMITH ME NALF Os r1E Apryr, Sr I/ ejc rh[ H ME /atcF LE INC SOLInf. Sr l/A CE FARM car 11/ aF THE L.0S CE `iF S.W Jeclgra Lac ASSOC], F/ac AS DRIll Sr MV as FILE no soar 4 OaSE STY aF MAPS IlC4V 5 PA SAN al£le CSF.DIrr, LALfreliVal,, AKERS & MUSSER crvrc EnarrEEAIHS s Lus, sure-riAa ,Awawr sale EASEMENT NOTES SEE SEE'r NO V SURVEYOR'S NOTES SEE REEF 0' 2'0 40' It0 SGnLE 1' .40" -n1 CS CS m m t 04O (8) ;) SEE DEER/C ee4-k VI G 3 2 1 5, 3 5, IL I, Ct 1") e _ 1 7 5551 2+2 C ) 1( 0 '00'04' e 16 5 'ire? 5, t - ) ' ) t 'c I , I i I 1 7- t-Ct'. ;:"''1--,',.- ?I'"--i 507 13' a — 4 1.2,A5 lf tor MA N CH ELMIST E8"4"-- COURT 1 ITT 0a TA At FT«. 5'5”Astezeocer,e,"' 5.955515N T 23t 2 4 MIT 35 34 ft ft 33 Lt..toe 14 15 7 , 83 If? ;.?,/ 7.3 tor 8 25 2, 17 15 :§ 32 'IT 31 31 C. f WARWICK a ea ea 340-93' " {,1 ..er 2 7 5,1 IV E, 30 STREET PH "3, It, If 0 ' 7 SURVEYOR'S NOTES SEE SKEET SC. 2 EASEMENT NOTES SEE SEE) MS 0 '16! Er !"t STA-IE OP 4A n.G A smrvrsro. ,x Pre Sark aE .ewr5Ees) A0,7, aE A..Lt.r r.E La,se..s- aF FCSS Lifs aE The ...arcs OF SE SAN J..CEN'C CAFE A.Sc:fArlOs 5 SmS.+ Sr LAFAs Ff..E IA' Ella! d PACE SS> OF MAPS AECU'CS SE SAN DfE60 caa.rr ..4rFdi�JA. AK ER S G. MUS SER C. rr_ EASPTEEdr s c CA.c sisr5Erra5 .AA...iAR.:ssc A A 72,90 5 tl LOr 589'5404"E BIM tat Ot• 64 1.09 II zx '•Er-'5E o<•n SCALE 1=10 13 V 72G05 < :i 7s'OC 5 F 3,2 Cr ROANOKE B 9C .'c 3 56'E 75 eo a• (s.m ALtBANY UM Of `S9 5 a 2 C5c -C- COURT "® �C9.5E tal MONTPELIER w aCI al m STREET i 5,902 5 a COURT ". 41.12 MEMORANDUM TO: Honorable Mayor and Councilmembers FROM: Brian McNabb DATE: November 15, 1991 SUBJECT: Water Line Easement in Cal Ranch Homes (The Villas) As you may recall, the City looped the water line in the Villas, near Mr. Johnson's house, to address the water quality problem. The water line crossed property owned by CRH, Inc. a California Corporation. To legitimize the placement of the water line, the City must accept an easement from CRH, Inc. This property is due to be sold before the end of the month. Therefore, it is critical we finalize this grant of easement prior to sale. STAFF RECOMMENDATION The City Council accept the offer of easement from CRH, Inc. and authorize its recordation. 11°- /7 - V MEMORANDUM TO: Honorable Mayor and Councilmembers FROM: Les Evans, Interim Public Works Director DATE: November 19, 1991 SUBJECT: Amendment to Cooperative Agreement with Riverside County Flood Control and Water Conservation District Recommendation Approve an Amendment to the Cooperative Agreement with Riverside County Flood Control and Water Conservation District providing for a loan of $200,000 for the construction of Line C, Stage 1 and authorize the Mayor to execute the amendment on behalf of the City. Fiscal Funds are available in the Flood Control Fund, Account 39 Background and Analysis The City previously entered into a Cooperative Agreement with Riverside County Flood Control and Water Conservation District to share the costs of construction of a portion of Line C, between Esplanade Ave. and the Buena Vista retention basin. The City's share of the cost was $350,000. The District received bids for the project, all of which exceeded their budget by at least $130,000. All bids were rejected. The District proposes readvertising the project if the City will agree to advance $200,000 to the District to fund the construction. The $200,000 will be reimbursed to the City next fiscal year. The Line C project provides the outlet for the City's Esplanade Avenue storm drain. The District is projecting May, 1992 for completion of Line C if the City advances the funds. Therefore, the City's Esplanade storm drain project will also be delayed. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING VACATION AND ABANDONMENT OF A PORTION OF EVANS STREET, RESERVING UTILITY EASEMENTS, AND ORDERING CONVEYANCE PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8356. WHEREAS, the City Council of the City of San Jacinto, California, has by resolution dated October 22, 1991, expressed its intention to vacate and abandon the public right-of-way over property shown on attached Exhibit "A", reserving unto itself and excepting from such vacation, certain easements and rights to maintain, operate, replace, remove or renew public utility facilities in said vacated portion, and WHEREAS, a public hearing, as required by law, was conducted by the City Council on the 19th day of November, 1991; and WHEREAS, all notices and posting, as required by law of said vacation, have been posted and given; and WHEREAS, at the public hearing the following findings of fact were made: (a) The easterly terminus of the portion of Evans Street to be vacated does not intersect Old Mountain Avenue at a right angle. (b) The intersection of Evans Street and Old Mountain Avenue has been realigned to intersect at a right angle pursuant to the approval of Tract No. 26020. (c) The right of way required to facilitate the realignment of Evans Street with Old Mountain Avenue was dedicated with the recordation of Tract No. 26020, May 23, 1991. Said dedication was made by the developer, Old Mountain Road Associates, a California Limited Partnership, in lieu of the portion of Evans Street to be vacated. (d) There will be no public inconvenience suffered by the vacation and abandonment (subject to reserved easements) of the aforesaid portion of Evans Street. (e) There are existing public utility facilities located within the portion of Evans Street to be vacated. The Council finds that the public convenience and necessity requires the reservation of, and thereby excepts from abandonment, an easement and right-of-way over the entire portion of the abandoned portion of Evans Street, as shown on the attached Exhibit "A", for the purpose of maintaining, operating, replacing, removing or renewing the public utility facilities located therein. (f) The Council finds that, pursuant to Streets and Highways Code Section 8356, that this vacation is being made for the purpose of opening a new realigned portion of Evans Street and that equity requires that the abandoned portion of Evans Street be deeded to Old Mountain Road Associates, a California Limited Partnership, subject to the reservation of easements aforesaid; and WHEREAS, the City Council does hereby elect to proceed in this matter under the provisions of Chapters 3, 5 and 6, Part 3 of Division 9 of the Streets and Highways Code of the State of California; and NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS: SECTION 1: The City Council of the City of San Jacinto, California does hereby order vacation and abandonment of that certajn portion of the public right-of-way over Evans Street as shown on the attached Exhibit "A", excepting therefrom and reserving an easement and right-of-way to the City of San Jacinto over the entire portion of such abandoned portion of Evans Street as shown on the attached Exhibit "A" for the purpose of maintaining, operating, replacing, removing or renewing the public utility facilities located therein. SECTION 2: The City Council of the City of San Jacinto, California does further order that upon vacation of the portion of Evans Street shown on the attached Exhibit "A", the portion so vacated shall be conveyed by quitclaim deed and without warranty, to Old Mountain Road Associates, a California Limited Partnership, excepting therefrom such easement reserved to the City of San Jacinto as described in Section 1, above. SECTION 3: The Clerk of the City of San Jacinto shall cause a certified copy of this resolution of vacation, attested by the Clerk under seal, to be recorded in the office of the Riverside County Recorder. MOVED, PASSED, and ADOPTED this 19th day of November, 1991 by the following vote: -2- AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK CERTIFICATE MAYOR STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO I, , City Clerk of the City of San Jacinto, do hereby certify that the foregoing is a true copy of Resolution No. duly adopted by the City Council of San Jacinto at a regular meeting thereof held the 19th day of November, 1991. CITY CLERK RESOLUTION NO. 3, / (-7/ //q,/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA DECLARING THEIR INTENTION TO ORDER ABANDONMENT OF CERTAIN STREET RIGHT OF WAY DUE TO A REALIGNMENT OF EVANS STREET AT OLD MOUNTAIN AVENUE, RESERVING UTILITY EASEMENTS, AND NOTICING INTENT TO CONVEY THE VACATED PORTION PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8356. WHEREAS, the easterly terminus of Evans Street does not intersect Old Mountain Avenue at a right angle; and WHEREAS, the intersection of Evans Street and Old Mountain Avenue was realigned to intersect at a right angle pursuant to approval of Tract 26020; and WHEREAS, the right of way required to facilitate this realignment of Evans Street with Old Mountain Avenue was dedicated with the recordation of Tract 26020, May 23, 1991, said dedication having been made by the developer, Old Mountain Road Associates, A California Limited Partnership, in lieu of the portion of Evans Street to be vacated; and WHEREAS, it appears that there will be no public inconvenience suffered by the vacation and abandonment of the aforesaid portions of Evans Street; and WHEREAS, the City Council does hereby elect to proceed in this matter under the provisions of Chapters 3, 5 and 6, Part 3 of Division 9 of the Streets and Highways Code of the State of California; NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS: SECTION 1: The City Council of the City of San Jacinto, California, does hereby declare its intent to vacate and abandon certain portion of the public right-of-way under and through the property as shown on attached Exhibit "A", excepting therefrom any easement and right to maintain, operate, replace, remove or renew public utility facilities in said portion; and SECTION 2: A map of said right-of-way proposed to be vacated and abandoned is on file in the office of the Department of Community Development in the City of San Jacinto to which reference is hereby made for further particulars. SECTION 3: That the City of San Jacinto does further declare its intent, pursuant to Streets and Highways Code Section 8356, to order that the portion vacated be conveyed by deed to Old Mountain Road Associates, A California Limited Partnership. SECTION 4: Notice is hereby given to all persons interested in objecting to the proposed vacation and abandonment that a hearing thereon will be held at the City Council Chambers in the City of San Jacinto located at 625 Pico Avenue, San Jacinto, California, at 7:30 p.m., Tuesday, November 19, 1991, which set time is not less than fifteen (15) days from the adoption of this Resolution. SECTION 5: The City Clerk is directed to publish this resolution in the manner prescribed by law for the publishing of ordinances of the City and to post notices of vacation conspicuously along the line of the property proposed to be vacated at least fourteen (14) days before the date hereinabove set for hearing, said notices shall be posted and shall state that this resolution has been adopted, and the time and place hereinabove set forth for hearing thereon. MOVES, PASSED AND ADOPTED this 22nd day of October, 1991 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Deputy City Clerk -2- MAYOR ie e CERTIFICATE I hereby certify the foregoing is a true copy of Resolution No. duly adopted by the City Council of San Jacinto on the 22nd day of October 1991. Deputy City Clerk -3- i/-/2- 7/ MEMORANDUM DATE: November 13, 1991 TO: Mayor Boykin and Members of the City Council FROM: Brian K. McNabb, Director of Community Development SUBJECT: Vacation of right of way located at the easterly terminus of Evans Street at Old Mountain Avenue This item originally appeared on the City Council agenda on October 22, 1991, whereby the City Council resolved to declare its intent to vacate the right of way in question. To date, all public notices pertaining to this item have been mailed and posted, in a manner prescribed by law. Staff is recommending the abandonment of approximately 1.4 acres of right of way at the above location. This additional right of way was created due to the realignment Evans Street which will now intersect with Old Mountain Avenue at a right angle. This new alignment was first addressed by staff while reviewing Tentative Tract Map 26020. Staff recommends that the City Council adopt the attached resolution, thereby vacating the right of way in question. Respectfully, BRIAN MC NABB Director of Community Development RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF EVANS STREET BETWEEN VILLINES AVENUE AND MOUNTAIN AVENUE. THE CITY OF SAN JACINTO DOES HEREBY RESOLVE AS FOLLOWS: EREAS, the City Council of the City of San Jacinto, California, having expressed its intention to vacate and abandon the public right-of-way over the property shown on attached Exhibit "A": and, EREAS, a public hearing, as required by law, was conducted by the City Council on the 19th day of November, 1991: and WHEREAS, all notices and posting, as required by law of said vacation, have been posted and given; and WHEREAS, it is the City of San Jacinto's intention to vacate the herein described property to property's owner(s) of record; and WHEREAS, all objections of any thereto having been heard and considered, and it having been found that the City has no present or prospective use for said public right-of-way; IT IS HEREBY ORDERED AS FOLLOWS: That the proposed vacation outlined on Exhibit "A" is not within an area for which a General or Master Plan is adopted. 2. That the public right-of-way over the property described in Exhibit "A" be vacated and abandoned. 3. The City of San Jacinto and all public utilities will retain exclusive rights to all easements in existence at the time this resolution is adopted. MOVED, PASSED, and ADOPTED this 19th day of November, 1991 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Deputy City Clerk Mayor CERTIFICATE I hereby certify the foregoing is a true copy of Resolution No. duly adopted by the City Council of the City of San Jacinto on the 19th day of November 1991. Deputy City Clerk EXHIBIT "A" CITY OF SAN JACINTO DTICE OF INTENT TO VACATE RIGHT OF WAY EASTERLY TERMINUS OF EVANS STREET LOW OGNO/TY Re OJOCNTJAL VAUIYr I LOri OfNbo1Y Re®7D9J77AA. l fsard LM AL 41/44, SINGLE FAMILY ReJ/OeNCes \ Low OeNmrrr I e 'OGNTI` 7 ea+h+..et 1 • a \ PROPOSED REALIGNMENT 4. FORMER ALIGNMENT TO BE ABANDONED 1IIMIIIMI COX, COX & CAMPER A Professional Corporation Attorneys at Law 805 East Florida Avenue Hemet, California 92343 (714) 652-1400 FAX #: (714) 652-3990 FAX TRANSMITTAL DATE: November 19, 1991 FAX NO: 654-9896 TO: Brian McNabb, Mike Chestnut FROM: Jim Cox SUBJECT MATTER: Evans Street Abandonment Enclosed is a re -draft of the resolution for abandonment for tonights Council meeting. Thanks. TRANSMITTING 4 PAGES, INCLUDING COVER SHEET NOTE: THE INFORMATION CONTAINED IN THIS FAX MESSAGE MAY CONTAIN ATTORNEY -CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE (714) 652-1400 AND ASK FOR PAT. MEMO TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development DATE: November 13, 1991 SUBJ: REQUEST FROM CATHY PETERSON FOR RELIEF FROM CITY ORDINANCE REQUIREMENT TO CONNECT TO SEWER The Council received a request from Cathy Peterson for relief from the City requirement to connect to sewer if within 200 ft. of an existing sewer. Staff has reviewed the request and determined that an agreement to connect to sewer at a later date will suffice given the undeveloped nature of the property around that of Ms. Peterson. We have prepared the agreement and sent it to Ms. Peterson. At the writing of this memo, it had not been returned. Normally, this item would not be on the agenda until it had been executed. In order to avoid a delay and possible reduce the financial impact on Ms. Peterson, staff recommends the City Council approve the agreement with Ms. Peterson and authorize the Mayor to execute it upon its return from the property owner. Respectfully Submitted, BRIAN MC NABB Director of Community Development BKM:gva WHEN RECORDED MAIL CITY OF SAN JACINTO P.O. BOX 488 SAN JACINTO, CA 92383 AGREEMENT TO INSTALL SEWER MAIN AND LATERAL AND CONNECT TO SEWER THIS AGREEMENT made and entered into this day of 1991, by and between CATHY M. PETERSON, hereinafter referred to as First Party, and the City of San Jacinto, California, a municipal corporation, hereinafter referred to as CITY. WITNESSETH WHEREAS, First Party is the present owner of that real property located in the City of San Jacinto, County of Riverside, State of California described as follows: That portion of Farm Lot 86 of the Lands of San Jacinto Land Association as shown by map on file in Book 8, page 357 of maps, San Diego County Records, described as follows: BEGINNING at the Southwest corner of the Easterly 3 acres of said Farm Lot 86; thence Northerly along the Westerly line of the Easterly 3 acres, a distance of 333 feet to the true point of beginning, a distance of 100 feet; thence Northerly, parallel with the Westerly line of said Easterly 3 acres, 327 feet, more or less, to the Northerly line of said Farm Lot 86; thence Easterly on the Northerly line of said Farm Lot 86, 100 feet to the Northwest corner of said Easterly 3 acres of Farm Lot 86; thence Southerly of the Westerly line of said Easterly 3 acres, 327 feet more or less to the true point of beginning. WHEREAS, The Ordinances of said CITY requires the connection to sewer, when available within 200 feet of the above described property, and; WHEREAS, the subject property is 198 feet from the nearest sewer, and; WHEREAS, said CITY also requires the installation of the sewer main in Artesia Street from side property line to side property line, and; WHEREAS, First Party does not desire at this time to install the said sewer main and, WHEREAS, the CITY finds that the installation of the required sewer main at this time would be impractical and said CITY is willing to temporarily waive the requirements of said improvements, but will require said installations to be made by the First Party or its successors or assigns at some future date as may be determined by the CITY. NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows: -1- That the installation of the sewer main required by said CITY, be deferred for such a period of time as may be determined by the CITY upon the terms and conditions set forth herein. 2. That when said CITY deems that the installation of the sewer necessary, the CITY shall give written notice to the First Party to make said improvements, or pay their fair share of the improvements within ninety (90) days from the date said First Party receives the written notice requiring that said installations or payment be made. 3. City will not request the installation of the improvements until one or more adjacent properties also is required to install similar public improvements. 4. That in the event that the First Party refuses to make the required public improvement or pay the required cost of improvement within the time allotted, the CITY shall have the option of bringing such legal action as the law may afford to enforce the installation of said public improvements or the CITY at its sole option may make said improvements and may either enforce the collection of said costs of said public improvement by such legal actions, together with reasonable attorney's fees and costs, or may cause said costs of said improvements to be made a lien against the real property as herein above described. 6. It is understood and agreed by the parties that this agreement shall be recorded with the County of Riverside, and shall be binding upon the heirs, transferees, successors and assigns of the parties hereto. Time is declared the essence of this agreement and this contract shall be deemed to have been executed and to be performed in the County of Riverside, State of California. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above. CITY OF SAN JACINTO Owner, First Party Francis Boykin, Mayor ATTEST: Deputy City Clerk -2-