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-