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Agenda - Agenda Packets - Regular Meeting 7/20/2006
AGENDA ITEM-) July 20, 2006 TO: The Honorable Mayor and Members of the City Council FROM: A. Haviva Shane, Deputy City Attorney SUBJECT: Proposed Resolution Approving the Dedication by the City of San Jacinto Redevelopment Agency of Certain Agency Property for Public Street Purposes RECOMMENDATION: Staff recommends that the City Council, by motion, adopt the attached Resolution approving the dedication to the City of a portion of certain real property owned by the City of San Jacinto Redevelopment Agency ("Agency") for public street purposes. BACKGROUND: As part of the Wal-Mart Supercenter project at the southeast corner of Commonwealth Avenue and San Jacinto Street, Caltrans has required certain street dedications necessary to accommodate the widening of the streets adjacent to the new store. The Agency owns certain real property located on Commonwealth Avenue, commonly described as Assessor Parcel Number 439- 110-093. The Agency desires to dedicate that portion of the Agency property located on Commonwealth, further described and depicted in Exhibit "A" of the attached Resolution (the "Property"), in order to accommodate the street widening required by Caltrans. In consideration of such dedication, the developer of the Wal-Mart Supercenter has agreed to provide, at no cost to the Agency, a boundary survey of the remainder of the Agency property according to ALTA's standard of care and including monument of all corners, a new legal description, a new lot size determination and a record of survey. DISCUSSION: The Agency may, with the consent of the City Council, pay all or part of the value of land for the installation and construction of any improvement which is publicly owned within the Project Area. In order to provide such consent, the City Council Page 1 of 2 RV P UB\H S HAN E\717009.1 must make certain finding required by Health & Safety Code sections 33445 and 33421.1. In this case, the proposed dedication of Agency property would be for certain public street improvements necessary for street widening purposes, as required by Caltrans ("Improvements"). The proposed dedication of the Property for the Improvements will effectuate the purposes of the Redevelopment Plan for the San Jacinto Redevelopment Project Area because it will improve the physical condition of public streets and the physical environment of the Project Area. The Improvements will facilitate the flow of vehicular traffic, making the streets safer and promoting business retention and expansion in the Project Area. The Improvements will facilitate the timely opening of the WaI-Mart Supercenter by ensuring that the streets will be widened as required by CalTrans. This will promote job creation in the Project Area, increase economic activity in the Project Area and attract additional businesses to the Project Area. The Improvements will thus assist in the elimination of physical and economic blighting conditions in the Project Area. FISCAL IMPACT: Staff does not believe that the proposed dedication will have any negative fiscal impact as the Property would have to be dedicated by the Agency in order for any project to be developed on the southeast corner of Commonwealth Avenue and San Jacinto Street. Therefore, the Property does not have much value. In addition, the Agency is getting the benefit of the boundary survey, at no cost. ATTACHMENTS: Resolution No. Page 2 of 2 RVPUB\HSHAN E\717009.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING THE DEDICATION BY THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY OF CERTAIN AGENCY PROPERTY FOR PUBLIC STREET PURPOSES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND SECTION 33421.1 WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency") is engaged in the activities necessary to execute and implement the redevelopment plan ("Redevelopment Plan") for the Agency's San Jacinto Redevelopment Project ("Project Area"); and WHEREAS, the Agency is undertaking certain activities necessary for redevelopment in the Project Area pursuant to the provisions of the California Community Redevelopment Law (Health & Safety Code, §§ 33000 et seq.) ("CRL") and the Redevelopment Plan; and WHEREAS, certain street dedications are required by Caltrans as part of the construction of a Wal-Mart Supercenter at the southeast corner of Commonwealth Avenue and San Jacinto Street to accommodate the widening of the streets ("Improvements"); and WHEREAS, pursuant to the provisions of CRL Section 33445 and 33421.1, the Agency may, with the consent of and the adoption by the City Council of certain required findings, pay all or part of the value of the land for the installation and construction of any improvement which is publicly owned within the Project area; and WHEREAS, in order to assist with the Improvements, the Agency desires to dedicate a portion of that certain real property owned by the Agency on Commonwealth Avenue, as more specifically depicted in Exhibit "A" attached to this Resolution (the "Property"); and WHEREAS, in consideration of the dedication of the property by the Agency, the developer of the Wal-Mart Supercenter shall cause to be prepared, according to ALTA's standard of care, a survey of the remainder of the Agency property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto as follows: Section 1. Findings. The City Council hereby consents to the Agency's dedication of the Property, and finds the following: Page 1 of 3 RVPUB\HSHANE\716990.1 (a) The Agency's dedication of the Property for the Improvements is necessary to effectuate the purposes of the Redevelopment Plan because such dedication will assist in improving the physical condition of public streets and physical. environment of the Project Area by improving the flow of vehicular traffic to promote business retention and expansion in the Project Area, thus (a) increasing economic and cultural vitality of the Project Area, (b) contributing to the long-term economic development and success of the Project Area, and (c) eliminating physical blight in the Project Area. (b) There are no other reasonable means of financing the activities related to the Improvements because the City has no available General Fund revenues for this purpose. (c) The Agency's dedication of the Property for the Improvements will assist in the elimination of physical and economic blighting conditions by assisting in the improvement of the physical condition of public streets within the Project Area and by improving the flow of vehicular traffic to promote business retention and expansion in the Project Area. (d) The dedication of the Property for the Improvements is necessary to effectuate the purposes of the Redevelopment Plan because such dedication will provide for street widening which will promote the physical and economic development of the Project Area. Section 2. CEQA Compliance. The City Council has reviewed the Environmental impact Report ("EIR") previously prepared and certified on June 29, 2004 in connection with the Wal-Mart Supercenter and has determined that the EIR adequately considered the construction of the Improvements. No new or additional impacts are associated with the Improvements and therefore no subsequent or supplemental review is necessary (14 C.C.R. §§ 15162, 15163). The City Council directs staff to file a Notice of Determination with the Riverside County Clerk's Office within five (5) working days of the adoption of this Resolution. Section 3. Authorization. The City Council approves the dedication of the Property and authorizes the City Manager, with the concurrence of the City Attorney, to take such further actions and execute such other agreements as may be necessary or appropriate in administering the actions authorized by this Resolution. Section 4. Effective Date. This Resolution shall become effective upon its adoption. MOVED, APPROVED and ADOPTED, this 20th day of July, 2006 by the following vote: Ayes: Nays: Absent: Abstain: Page2of3 R V P U B\H S H AN E\716 990.1 City of San Jacinto By Dale Stubblefield, Mayor ATTEST: Dorothy Chouinard, City Clerk EXHIBIT "A" LEGAL DESCRIPTION OF PORTION OF APN 439-110-093 Page 3 of 3 RV PUB\H S HAN E\716990.1 E IBIT "A" A PORTION OF THE WESTERLY RECTANGULAR HALF OF THE SOUTHERLY RECTANGULAR HALF OF FARM LOT 78, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP OF THE SAN JACINTO LAND ASSOCIATION ON FILE IN BOOK 8, PAGES 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED AS EXHIBIT `B' A L"I'ACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF COMMONWEAL LEI AVENUE AND SAN JACINTO STREET, AS SHOWN ON PARCEL MAP NO. 32188, FILED MARCH 14, 2005 IN BOOK 212, PAGES 25 THROUGH 27 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY; THENCE EASTERLY ALONG SAID COMMONWEALTH AVENUE CENTERLINE SOUTH 89°52'20" EAST A DISTANCE OF 89.99 FEET; THENCE LEAVING SAID CENTERLINE NORTH 00°07'40" EAST A DISTANCE OF 30.00 TO THE NORTHERLY RIGHT-OF-WAY OF SAID COMMONWEALTH AVENUE AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY NORTHWESTERLY ALONG THE SIDELINE OF A ROAD EASEMENT RECORDED AS INSTRUMENT 1998-552392 NORTH 44°52'33" WEST A DISTANCE OF 32.53 FEET; THENCE NORTH 00°07'02" EAST A DISTANCE OF 17.72 FEET; THENCE LEAVING SAID ROAD EASEMENT SOUTH 43°42'06" EAST A DISTANCE OF 46.74 FEET; THENCE SOUTH 89°52'20" EAST A DISTANCE OF 182.95 FEET; THENCE SOUTH 00°07'40" WEST A DISTANCE OF 7.00 FEET TO SAID NORTHERLY RIGHT-OF-WAY OF COMMONWEALTH AVENUE; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 89°52'20" WEST A DISTANCE OF 192.31 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION OF LAND CONTAINING 1,811.54 SQUARE FEET. 1 30.00' .00' EXHIBIT "B" AN EASEMENT /N FAVOR OF 7IIE PUBLIC FOR STREET PURPOSES AND INC/OENTAL PUI?POSES AS SET FOR17/ /N A DECLARA770N OF DEO- /CA770N, DECEMBER 21, 1.998, AS INSTRUMENT NO 1998-552392 0.R TRUE PO/NT OF BEGINNING --- POINT OF COMMENCEMENT COMMON ALTH AVENUE S8.952120°E 89.99' SCALE 7"----20' NUMBER BEARING' DISTANCE Z1 NO0V7'40"E J0.00' L2 N00V7'02't 1772' LJ 500V7V0NW Z 00' A.P.N.: 439-110-093 S8952'20r 182..95' N8.95220V 1.92.J1' LJ EXCEL EKIALTRIN6 440 STATE PLACE ESCMIP11, CA 51°089 PACIVE (760) 745-8118 MINI MIMI 20 40 Chairman's Agenda REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO JULY 20, 2006 Immediately Following the Regular City Council Meeting San Jacinto. Unified School District Board Room 2045 South San Jacinto. Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order 1.2 Roll CaII PUBLIC COMMENTS. Now is the time for the public to address the Agency on any subject not listed on the agenda. Any person may address the Agency on any subject pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the. Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard at the end of number 5. Staff Reports.' !} pal, 5 s July 6, 2006 Regular RDA Minutes / Approve / Agency Secretary Resolution No. _ / A Resolution of RDA approving the dedication of certain agency property for public street purposes pursuant to Health and Safety Code Sections 33445 and 33421.1 / Approve and Adopt / City Attorney PUBLIC HEARING STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Chairman; state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes. Redevelopment Agency Agenda July20, 2006 Page 2 of 2 CHAIRPERSON 1 MEMBER REPORTS J DISCUSSIONS OPEN SESSION ANNOUNCEMENTS. CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 1431 N Lyon Avenue , Hemet; Southwest corner of Lyon Avenue and Esplanade Avenue; APN 441-070-005 Agency Negotiator: City Attorney Negotiating Parties: Mary Hurst, Trustee of the Mary G. Hurst Trust Under Negotiation; Price and Terms 7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 1380 South Lyon Avenue, San Jacinto; Northwest corner of Lyon Avenue and Esplanade Avenue; APN 431-180-035 Agency Negotiator: City Manager and City Attorney Negotiating Parties: Lisa DeForest Under Negotiation: Price and Terms 8. ADJOURNMENT It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537- 6358, at least 48-hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. If you challenge any action of the Redevelopment Agency Board in court, you may be limited to raising only those issues you or someone raised at the public hearing described in this notice, or in written correspondence delivered to the Redevelopment Agency (clo Redevelopment Secretary) at, or prior to, the public hearing. I, Dorothy L. Chouinard, Secretary of the San Jacinto Redeve/apmentAgency, do hereby certf that I caused to 6e posted the foregoing agenda the 30th day of June, 2006, as required 6y Caw. Dorothy L. Chouinard, Agency Secretary MINUTES REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO JULY, 2006, 8:40 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order Chairman Dale Stubblefield called the Regular Meeting of the San Jacinto Redevelopment Agency to order at 8:40 p.m. 1.2 Roll Call Present: Jim Ayres, Chris Carlson Buydos, Dale Stubblefield Absent Robert Ritchie, Ken Shaw 2. PUBLIC COMMENTS None 7, CLOSED SESSION * Note: 7.3 and 7.4 were to be heard prior to the Consent Calendar. 7.1, 7.2 and 7.5 were to be heard at the end•of the regular (RDA) meeting. Chairman Stubblefield changed the agendized sequence so that items were taken in the traditional order. 7,1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Northeast corner of San Jacinto Avenue and Commonwealth Avenue APNs 439-110-096; 439-1 1 0-032; 439-110- 031; 439-110-025 Agency Negotiator: Executive Director and City Attorney Negotiating Party: Lucia Development LLC Representative Under Negotiation: Price and Terms 7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property; Northeast corner of San Jacinto Avenue and Commonwealth Avenue —APNs 439-110-096; 439-110-032; 439-110- °31; 439-110-025 Page 1 of 6 Redevelopment Agency Minutes July 6, 2006 Pao 2 of 6 Agency Negotiator: Executive Director and City Attorney Negotiating Party: SAS Development LLC Representative Under Negotiation: Price and Terms CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9, subdivision (b): One (1) or more cases 7.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 439-070-022 Agency Negotiator: Executive Director and City Attorney Negotiating Party: Palm Desert Development Company Under Negotiation: Price and Terms *ADDED TO AGENDA AT TONIGHT'S MEETING to be heard with 7.1 and 7.2. 7.5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Northeast corner of San Jacinto Avenue and Commonwealth Avenue — APNs 439-110-096; 439-110-032; 439-110-031; 439-110-025 Agency Negotiator: Executive Director and City Attorney Negotiating Party: DBN Development LLC Under Negotiation: Price and Terms CONSENT CALENDAR 3.1 June 15, 2006 Regular RDA Minutes / Approve / Agency Secretary 3.2 Home Rehabilitation. Program / Approve one-time increase to the maximum funding limit of $19, 532 to alleviate an overcrowding condition / Community Development Director 3.3 Ordinance No. RDA 06-01 / Approve introduction and first reading of Ordinance No. RDA 06-01 and byfurther motion read by title only: An Ordinance of the City of San Jacinto Amending the Time Limit of the Effectiveness of the Redevelopment Plan for the Soboba Springs Redevelopment Project Area Pursuant to Health and Safety Code Section 33333.6(d) Council Member Ayres commented he would be abstaining from 3.1 and noted that without a quorum it would have to be brought back at the next meeting. M/S/C (Buydos /Ayres) moved to approve Consent Calendar items 3.2 and 3.3 as presented. Motion carried 3/0. Redevelopment Agency Minutes July 6, 2006 Page 3 of 6 Ayes: Ayres, Buydos, Stubblefield Nays: None Absent: Ritchie, Shaw Abstain; None City Attorney Ballinger instructed the Agency Board that the need exists to add an item to the RDA Closed Session by a 2/3 vote because the item came to the attention of the City on Monday, after the agenda was posted. Action is needed on the item tonight because the Board is considering other alternatives for the property. The following is a description of what was being added, as it provided to the City Clerk for the record. 7.5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Northeast corner of San Jacinto Avenue and Commonwealth Avenue — APNs 439-110-096; 439-110-032; 439-110-031; 439-110-025 Agency Negotiator: Executive Director and City Attorney Negotiating Party: DBN Development LLC Under Negotiation: Price and Terms M/S/C (Ayres / Buydos) moved to approve adding to tonight's agenda - item 7.5 Conference with Real Property Negotiators, as stated by City Attorney. Motion carried 3/0. Ayes: Ayres, Buydos, Stubblefield Nays: None Absent: Ritchie, Shaw Abstain; None Chairman Stubblefield recessed the regular meeting to go into Closed Session for items 7.3 and 7.4 at 8:45 p.m. He then reconvened the City Council Meeting and the RDA Meeting at 8:46 p.m. to simultaneously hear 4.9 from the Council's agenda and 4.1 from the RDA agenda. 4. PUBLIC HEARING 4.1 Resolution No. RDA 06-02 / A resolution approving affordable housing disposition and development agreement between the Redevelopment Agency of the City of San Jacinto and Palm Desert Development Company concerning the development of an 81-unit affordable housing development on Santa Fe Street between Esplanade Avenue and Oakwood Street and making certain findings pursuant to California Health and Safety Code Section 33433 / Approve and Adopt / Deputy City Attorney Deputy City Attorney Haviva Shane reviewed the staff report. The proposed housing development is restricted housing for low and low - moderate income. The development will only proceed forward if the developer is able to secure tax credit allocation. Staff recommends Redevelopment Agency Minutes July 6, 2006 Page 4 of 6 approval of resolutions. Mayor / Chairman Stubblefield opened the Public Hearing (City Council and RDA) at 8:50 p.m. There was no one present to question, comment, protest or objection. No written comments were received. Mayor / Chairman Stubblefield closed the Public Hearing for City Council & RDA at 8:51 p.m. M/S/C (Ayres / Buydos) moved to approve and adopt Resolution Numbers 2935 and RDA 06-02 as submitted. Motion carried 3/0. Ayes: Ayres, Buydos, Stubblefield Nays: None Absent: Ritchie, Shaw Abstain; None Chairman Stubblefield recessed the meeting at 8:52 p.m. 5. STAFF REPORTS None 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None Chairman Stubblefield reconvened the agency meeting in Closed Session at 9:10 p.m. 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION 7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Northeast corner of San Jacinto Avenue and Commonwealth Avenue - APNs 439-110-096; 439-110-032; 439-110- 031; 439-110-025 Agency Negotiator: Executive Director and City Attorney Negotiating Party: Lucia Development LLC Representative Under Negotiation: Price and Terms No reportable action Redevelopment Agency Minutes July 6, 2006 Page 5 of 6 7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Northeast corner of San Jacinto Avenue and Commonwealth Avenue —APNs 439-110-096; 439-110-032; 439-110- 031; 439-110-025 Agency Negotiator: Executive Director and City Attorney Negotiating Party: SAS Development LLC Representative Under Negotiation: Price and Terms No reportable action. 7.3 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9, subdivision (b): One (1) or more cases No reportable action. 7.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 439-070-022 Agency Negotiator: Executive Director and City Attorney Negotiating Party: Palm Desert Development Company Under Negotiation: Price and Terms Action to be taken under item 4.1. * ADDED TO AGENDA AT TONIGHT'S MEETING to be heard with 7.1 and 7.2 7.5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Northeast corner of San Jacinto Avenue and Commonwealth Avenue — APNs 439-110-096; 439-110-032; 439-110-031; 439-110-025 Agency Negotiator: Executive Director and City Attorney Negotiating Party: DBN Development LLC Under Negotiation: Price and Terms No reportable action. 8. ADJOURNMENT With no further business before the Board Chairman Stubblefield adjourned the meeting at 9:41 p.m. San Jacinto Redevelopment Agency By Dale Stubblefield, Chairman Redevelopment Agency Minutes July 6, 2006 Page 6 of 6 ATTEST: Dorothy L. Chouinard, Agency Secretary AGENDA ITEM July 20, 2006 TO: The Honorable Chair and Members of the City of San Jacinto Redevelopment Agency FROM: A. Haviva Shane, Deputy City Attorney SUBJECT: Proposed Resolution Approving the Dedication by the City of San Jacinto Redevelopment Agency of Certain Agency Property for Public Street Purposes RECOMMENDATION: Staff recommends that the Agency Board, by motion, adopt the attached Resolution approving the dedication to the City of a portion of certain real property owned by the City of San Jacinto Redevelopment Agency ("Agency") for public street purposes. BACKGROUND: As part of the Wal-Mart Supercenter project at the southeast comer of Commonwealth Avenue and San Jacinto Street, CalTrans has required certain street dedications necessary to accommodate the widening of the streets adjacent to the new store. The Agency owns certain real property located on Commonwealth Avenue, commonly described as Assessor Parcel Number 439- 110-093. The Agency desires to dedicate that portion of the Agency property located on Commonwealth, further described and depicted in Exhibit "A" of the attached Resolution (the "Property"), in order to accommodate the street widening required by CalTrans. In consideration of such dedication, the developer of the Wal-Mart Supercenter has agreed to provide, at no cost to the Agency, a boundary survey of the remainder of the Agency property according to ALTA's standard of care and including monument of all corners, a new legal description, a new lot size determination and a record of survey. Page 1 of 2 RVPUB\HSHANE\717©14.1 DISCUSSION: The Agency may, with the consent of the City Council, pay all or part of the value of land for the installation and construction of any improvement which is publicly owned within the Project Area. In order to provide such consent, the City Council must make certain finding required by Health & Safety Code sections 33445 and 33421.1. In this case, the proposed dedication of Agency property would be for certain public street improvements necessary for street widening purposes, as required by CalTrans ("Improvements"). The proposed dedication of the Property for the Improvements will effectuate the purposes of the Redevelopment Plan for the San Jacinto Redevelopment Project Area because it will improve the physical condition of public streets and the physical environment of the Project Area. The Improvements will facilitate the flow of vehicular traffic, making the streets safer and promoting business retention and expansion in the Project Area. The Improvements will facilitate the timely opening of the Wal-Mart Supercenter by. ensuring that the streets will , be widened as required by CalTrans. This will promote job creation in the Project Area, increase economic activity in the Project Area and attract additional businesses to the Project Area. The Improvements will thus assist in the elimination of physical and economic blighting conditions in the Project Area. FISCAL IMPACT: Staff does not believe that the proposed dedication will have any negative fiscal impact as the Property would have to be dedicated by the Agency in order for any project to be developed on the southeast corner of Commonwealth Avenue and San Jacinto Street. Therefore, the Property does not have much value. In addition, the Agency is getting the benefit of the boundary survey, at no cost. ATTACHMENTS: Resolution No. RV PUBIHSHAN E1717014.1 Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO APPROVING THE DEDICATION OF CERTAIN AGENCY PROPERTY FOR PUBLIC STREET PURPOSES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND SECTION 33421.1 WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency") is engaged in the activities necessary to execute and implement the redevelopment plan ("Redevelopment Plan") for the Agency's San Jacinto Redevelopment Project ("Project Area"); and WHEREAS, the Agency is undertaking certain activities necessary for redevelopment in the Project Area pursuant to the provisions of the California Community Redevelopment Law (Health & Safety Code, §§ 33000 et seq.) ("CRL") and the Redevelopment Plan; and WHEREAS, certain street dedications are required by CalTrans as part of the construction of a Wal-Mart Supercenter at the southeast corner of Commonwealth Avenue and San Jacinto Street to accommodate the widening of the streets ("Improvements"); and WHEREAS, pursuant to the provisions of CRL Section 33445 and 33421.1, the Agency may, with the consent of and the adoption by the City Council of certain required findings, pay all or part of the value of the land for the installation and construction of any improvement which is publicly owned within the Project area; and WHEREAS, in order to assist with the Improvements, the Agency desires to dedicate a portion of that certain real property owned by the Agency on Commonwealth Avenue, as more specifically depicted in Exhibit "A" attached to this Resolution (the "Property"); and WHEREAS, in consideration of the dedication of the property by the Agency, the developer of the Wal-Mart Supercenter shall cause to be prepared, according to ALTA's standard of care, a survey of the remainder of the Agency property; NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the Redevelopment Agency of the City of San Jacinto as follows: Section 1. Findings. The Agency finds and determines, based on the. information made available in the staff report accompanying this Resolution, the oral presentation of staff at the meeting at which this Resolution is adopted and other written and oral evidence presented to the Agency, that: (a) The Agency's dedication of the Property for the Improvements is necessary to effectuate the purposes of the Redevelopment Plan because such dedication will assist in improving the physical condition of public streets and physical environment of the Project Area by improving the flow of vehicular traffic to promote business retention and expansion in the Project Area, thus (a) increasing economic and cultural vitality of the Project Area, (b) contributing to the long-term economic development and success of the Project Area, and (c) eliminating physical blight in the Project Area. (b) There are no other reasonable means of financing the activities related to the Improvements because the City has no available General Fund revenues for this purpose. (c) The Agency's dedication of the Property for the Improvements will assist in the elimination of physical and economic blighting conditions by assisting in the improvement of the physical condition of public streets within the Project Area and by improving the flow of vehicular traffic to promote business retention and expansion in the Project Area. (d) The dedication of the Property for the Improvements is necessary to effectuate the purposes of the Redevelopment Plan because such dedication will provide for street widening which will promote the physical and economic development of the Project Area. Section 3. CEQA Compliance. Agency staff has reviewed the Environmental Impact Report ("EIR") previously prepared and certified on June 29, 2004 in connection with the Wal-Mart Supercenter and has determined that the EIR adequately considered the construction of the Improvements. No new or additional impacts are associated with the Improvements and therefore no subsequent or supplemental review is necessary (14 C.C.R. §§ 15162, 15163). The Agency Board directs staff to file a Notice of Determination with the Riverside County Clerk's Office within five (5) working days of the adoption of this Resolution. Section 4. Authorization. The Agency approves the dedication of the Property and authorizes the Executive Director, pursuant to review and approval by the City Attorney, to execute any documents necessary to effectuate the dedication. Page 2 of 3 R V PUB\CA LSOP\716935.1 Section 5. Effective Date. This Resolution shall become effective upon its adoption. MOVED, APPROVED, and ADOPTED, this 20th day of July, 2006 by the following vote: Ayes: Nays: Absent: Abstain: San Jacinto Redevelopment Agency by Dale Stubblefield, Chairman of the Redevelopment Agency of the City of San Jacinto ATTEST: Dorothy Chouinard, Agency Secretary EXHIBIT "A" LEGAL DESCRIPTION OF PORTION OF APN 439-110-093 EXHIBIT "B" MAP Page 3 of 3 RVPUB\CALSOP\716935.1 B IBIT A PORTION OF THE WESTERLY RECTANGULAR HALF OF THE SOUTHERLY RECTANGULAR HALF OF FARM LOT 78, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP OF THE SAN JACINTO LAND ASSOCIATION ON FILE IN BOOK 8, PAGES 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED AS EXHIBIT A [I ACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF COMMONWEALTH AVENUE AND SAN JACINTO STREET, AS SHOWN ON PARCEL MAP NO. 32188, FILED MARCH 14, 2005 IN BOOK 212, PAGES 25 THROUGH 27 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY; THENCE EASTERLY ALONG SAID COMMONWEALTH AVENUE CENTERLINE SOUTH 89°52'20" EAST A DISTANCE OF 89.99 FEET; THENCE LEAVING SAID CENTERLINE NORTH 00°07'40" EAST A DISTANCE OF 30.00 TO THE NORTHERLY RIGHT-OF-WAY OF SAID COMMONWEALTH AVENUE AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY NORTHWESTERLY ALONG THE SIDELINE OF A ROAD EASEMENT RECORDED AS INSTRUMENT 1998-552392 NORTH 44°52'33" WEST A DISTANCE OF 32.53 FEET; THENCE NORTH 00°07'02" EAST A DISTANCE OF 17.72 FEET; THENCE LEAVING SAID ROAD EASEMENT SOUTH 43°42'06" EAST A DISTANCE OF 46.74 FEET; THENCE SOUTH 89°52'20" EAST A DISTANCE OF 182.95 FEET; THENCE SOUTH 00°07'40" WEST A DISTANCE OF 7.00 FEET TO SAID NORTHERLY RIGHT-OF-WAY OF COMMONWEALTH AVENUE; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 89°52'20" WEST A DISTANCE OF 192.31 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION OF LAND CONTAINING 1,811.54 SQUARE FEET. 1 30.00' 3700' EXHINIT it 11 AN EASEMENT Al FAVOR OF 77/E PUBLIC FOR STREET PURPOSES AND INCIDENTAL PURPOSES AS SET FORTH IN A DECLARATION OF DED— ICATION, DECEMBER 21, /998 AS A/SIPA/ENT NO. 1998-552,5.92 O.R. TRUE POINT OF BEGINNING POINT OF COMMENCEMENT COMMON ALTH A NUE 589521204E 89.99' SCALE NUMBER BEARING DISTANCE Z1 NO0 ? 2 740 T J0.00' L2 NO0V7'022- 17 72' Z,5 500'07110V 7 00' /LPN.: 439-110-093 LJ EXCEL EA7AEERIN6 140 STATE PLACE ESCCISIBa CA 5E029 ROW astv 715-8118 0 20 40 MINUTES REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO JULY 20, 2006, 8:42 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1.1 Call to Order Chairman Dale Stubblefield calledthe<_Regular Meetingofthe San Jacinto Redevelopment Agency to order at 8:42 p.m Roll. Call Present: Jim Ayres, Chris Carlson Buydos, Robe Dale Stubblefield None PUBLIC COMMENTS None CONSENT CALENDAR 3.1 July 6, 2006 Regular RDA Minutes / Approve / Agency Secretary 3.2 Resolution No. RDA 06-03 / A Resolution of RDA approving the dedication of certain agency propertyfor public street purposes pursuant toHealth and Safety Code Sections 33445 and 33421.1 / Approve and Adopt / City Attorney Ritchie, Ken Shaw, M/SIC (Ayres / Buydos carried 5/0. oved to approve the Consent Calendar as present. Motion Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Absent None Abstain: None PUBLIC HEARING None Redevelopment Agency Minutes July 20, 2006 Page 2 of 2 STAFF REPORTS None CHAIRPERSON / MEMBER REPORTS ! DISCUSSIONS None Chairman. Stubblefield recessed the RDA meeting at 8:43 p.m. fist 10:03 p.m. Chairman Stubblefield reconvened the meeting, announcing the Agenda items 7.1 and 7.2 will be heard by the City Council and not the Agency Board. Board members unanimously concurred. 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION Items 7.1 and 7.2 will be heard by the City Council and not t[he Redevelopment Agency Board 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 1431 N Lyon Avenue , Hemet; Southwest corner of Lyon Avenue and Esplanade Avenue; APN 441-070-005 Agency Negotiator: City Attorney Negotiating Parties: Mary Hurst, Trustee of the Mary G. Hurst Trust Under Negotiation: Price and Terms 7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 1380 South Lyon Avenue, San Jacinto; Northwest corner of Lyon Avenue and Esplanade Avenue; APN431-180-035 Agency Negotiator: City Manager and City Attorney Negotiating Parties: Lisa DeForest Under Negotiation: Price and Terms ith no further business before meeting at 10:04 p.m. he Board Chai ned the acinto Redevelopment Agency By Dale Stubblefield, Chairman Redevelopment Agency Minutes July 20, 2006 Page 3 of 2 ATTEST: Dorothy L. Chouinard, Agency Secretary ACTION MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL JULY 20, 2006, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California . ORGANIZATION 1.1 Call to Order Mayor Dale Stubblefield called the Regular Meeting of the San Jacinto City Council to order at 7:07 p.m. 1.2 Roll CaII Present: Jim Ayres, Chris Carlson Buydos, Robert Ritchie, Ken Shaw, Dale Stubblefield Absent: None 1.3 Invocation Reverend Bob Sauter gave the invocation. 1.4 Pledge of Allegiance Vice Mayor Ken Shaw led the Pledge of Allegiance. 1.5 Special Presentations 1.5(a) Business Spotlight of the Month — Valley Towing and Salvage, John Mansperger, recipient 1.5.1 Proclamation regarding former Mayor Wendell Cutting (heard out of order following 1.5.2) 1.5.2 Recognition of student Cook -Off participants and supporting Staff of North Mountain Middle School, students and Marty Hicks accepting 2. PUBLIC COMMENTS: • Bill Savage, 121 Tradewinds Lane, San Jacinto • EJ Henderson, 434 Camino Corto, San Jacinto City Council Action Minutes July 20, 2006 Page 2 of 15 3. CONSENT CALENDAR 3.1 Warrants at 07/20/06 / Approve / Finance Director 3.2 Action Minutes July 6, 2006 / Approve / City Clerk 3,3 Ordinance No. 06-19 repealing High Density Ordinance 05-34 / Approve second reading and adopt Ordinance No. 06-19 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Repealing Interim Urgency Ordinance No. 05-34 Limiting the Development of High Density Residential Land Use Projects / Community Development Director 3.4 Grant Deed for Lots "Q" and "R" of Tract No. 31097 for Master Drainage Facilities Line G-3 — Continental Residential Inc / Approve acceptance and authorize city manager to execute same / City Engineer 3.5 Reduction of Bonds — Final Tract Map 30828 / Accept the public improvements installed by Western Pacific Housing Inc — T30828; Authorize 75% bond reduction of labor and performance bonds; and Direct City Clerk to notify developer and surety company of City's action / City Engineer 3.6 Final Tract Map 33053 — Graciela C. Cruz / Approve FTM 33053; Authorize Mayor to sign same and Authorize City Clerk to release same for recordation 3.7 Plans and specifications for the Lyon Avenue Flood Control Basin / Approve and Authorize City Clerk to advertise for public bids / City Engineer 3.8 Traffic Calming Improvements — placement and installation of speed humps along Lori Ann Street / Approve / City Engineer 3.9 Law Enforcement Contract with Riverside County / Approve proposed modification / Chief of Police 3.10 Resolution No. 2936 / A Resolution of intention initiating annexation of territory (commonly known as Oostdam Dairy — T31294) into AD No. 2003-01 for road, street and highway maintenance - Annexation 21 / Approve and Adopt Special Tax Consultant and City Attorney 3.11 Resolution No. 2937 / A Resolution approving the Engineer's Report for Annexation No. 21 (Oostdam Dairy — T31294) in AD 2003-1 / Approve and Adopt Special Tax Consultant and City Attorney City Council Action Minutes July 20, 2006 Page 3 of 15 3.12 Resolution No. 2938 / A Resolution of intention initiating annexation of territory (commonly known as Lennar Homes of California Inc — T32499) into AD No. 2003-01 for road, street, and highway maintenance - Annexation 22 / Approve and Adopt Special Tax Consultant and City Attorney 3.13 Resolution No. 2939 / A Resolution approving the Engineer's Report for Annexation No. 22 (Lennar Homes of California Inc T 32499) in AD 2003-1 / Approve and Adopt Special Tax Consultant and City Attorney 3.14 Resolution No. 2940 / A resolution approving Lighting, Landscaping, Parks District No. 2 (LLPD #2) early transfers of maintenance obligation, and outlining rules and delegation authorizing city manager authority to sign agreements / Approve and Adopt / Finance Director 3.15 Client Conflict Waiver Letter re: Lennar Homes of California Inc regarding financing districts / Approve and Authorize City Manager to execute waiver letter / City Attorney 3.16 Client Conflict Waiver Letter re: Lennar Homes of California Inc regarding CC&Rs / Approve and Authorize City Manager to execute waiver letter / City Attorney 3.17 Resolution No. 2941 / A Resolution adopting a race -neutral disadvantaged business enterprise (DBE) program, including methodology plan to achieve DBE compliance/ Approve and Adopt / City Engineer 3.18 Resolution No. 2942 / A Resolution approving the dedication by the City of San Jacinto Redevelopment Agency of certain agency property for public street purposes pursuant to Health and Safety Code Sections 33445 and 33421.1 / Approve and Adopt / City Attorney 3.19 Ordinance No. 06-20 / An Ordinance amending the time limit of the effectiveness of the Redevelopment Plan for the Soboba Springs Redevelopment Project Area pursuant to Health and Safety Code Section 33333.6(d) / Approve introduction and first reading of Ordinance No. 06-20 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Amending the Time Limit of the Effectiveness of the Redevelopment Plan for the Soboba Springs Redevelopment Project Area Pursuant to Health and Safety Code Section 33333.6(d) Note that on Agenda Item Nos. 3.10, 3.11, and 4.3 property owner is no longer Oostam Dairy: It is now known as Park Meadows II. City Council Action Minutes July 20, 2006 Page 4 of 15 M/S/C (Buydos / Ayres) motioned to approve, with update (ownership change on 3.10, 3.11, and 4.3) the Consent Calendar as presented. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None PUBLIC HEARING 4.1 Resolution No. 2943 / A resolution confirming diagram (engineer's report) and levying assessments for Lighting, Landscaping, and Parks District No. 1 (LLPD #1) for Fiscal Year 2006-2007 annual levy / Approve and Adopt / Finance Director Mayor Stubblefield opened the Public Hearing at 7:32 p.m. No one was present to support or oppose the annexation and levying assessment. City Clerk Chouinard reported there were no written comments received. Mayor Stubblefield closed the Public Hearing at 7:32:50 p.m. M/S/C (Ayres / Shaw) moved to approve and adopt Resolution No. 2943 as presented. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None 4.2 Resolution No. 2944 / A resolution confirming diagram (Engineer's Report) and levying assessments for Assessment District 2003-1 (AD 2003-1) for Fiscal Year 2006-2007 annual levy / Approve and Adopt / Finance Director Mayor Stubblefield opened the Public Hearing at 7:34 p.m. No one was present to support or oppose the annexation and levying assessments. City Clerk Chouinard reported there were no written comments received. Mayor Stubblefield closed the Public Hearing at 7:34:50 p.m. M/S/C (Ayres / Buydos) moved to approve and adopt Resolution No. City Council Action Minutes July 20, 2006 Page 5 of 15 2944 as presented. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None M/S/C (Ayres /Stubblefield) move to add Agenda Item 5.4 (requiring 2/3 vote) regarding monument for Joseph Pink at Druding Park, as the request for funding is a time sensitive item: Action is required to have the memorial done in time for the annual Veteran's Day celebration. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None 4.3 Resolution No. / A Resolution certifying the results of an election and adding property commonly known as Tract 31294 into Community Facilities District No. 2003-1 for Police and Fire Services (CFD 2003-1, Annexation No. 35 / Approve and Adopt / Special Tax Consultant and City Attorney City Attorney Ballinger continued this item until the August 3, 2006 meeting. Owner is no longer Oostam Dairy but known as Park Meadows II. 4.4 Resolution No. 2945 / A Resolution certifying the results of an election and adding property commonly known as APN 433-270-032 - Ramona State Properties, LLC - into Community Facilities District No. 2003-1(CFD 2003-1) for Police and Fire Services - Annexation No. 37 / Approve and Adopt / Special Tax Consultant and City Attorney Mayor Stubblefield opened the Public Hearing at 7:36 p.m. No one was present to support or oppose Resolution No. 2945. City Clerk Chouinard reported no written comments were received and certified the election, noting the majority is in favor of the annexation and assessment. Mayor Stubblefield closed the Public Hearing at 7:36:50 p.m. M/S/C (Ayres / Stubblefield) moved to approve and adopt Resolution No. 2945 as presented. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None City Council Action Minutes July 20, 2006 Page 6 of 15 4.5 Resolution No. 2946 / A Resolution certifying the results of an election and adding property commonly known as T32499 — Lennar Homes of California Inc - into Community Facilities District No. 2003- 1(CFD 2003-1) for Police and Fire Services - Annexation No. 36 / Approve and Adopt / Special Tax Consultant and City Attorney Mayor Stubblefield opened the Public Hearing at 7:37 p.m. No one was present to support or oppose Resolution No. 2946. City Clerk Chouinard reported no written comments were received and certified the election, noting the majority is in favor of the annexation and assessment, Mayor Stubblefield closed the Public Hearing at 7:38 p.m. M/S/C (Shaw / Ayres) moved to approve and adopt Resolution No. 2946 as presented. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None 4.6 Landscaping, Lighting, and Park District No. 2 (LLPD No. 2) Annexation No. 59 (Ramona State Plaza, LLP — APN Nos. 433-291-040 and 433-291-041) / Continued from July 6, 2006 / Special Tax Consultant and City Attorney a) Resolution No. 2947 / A Resolution initiating proceedings for the Annexation of property into LLPD No 2 — Annexation No. 59 / Approve and Adopt b) Resolution No. 2948 / A Resolution approving the Engineer's Report for Annexation No. 59 into LLPD No. 2 / Approve and Adopt c) Resolution No. 2949 / A Resolution declaring intention to annex property into LLPD No. 2 — Annexation No. 59 / Approve and Adopt d) Public Hearing / At the conclusion of the public hearing if the City determines that a majority protest does not exist, by motion approve the certification of the election results for adding certain property into LLPD No. 2 known as Annexation No. 59 / Approve and Adopt Resolution No. 2950 / A Resolution ordering annexation of territory into LLPD No. 2 and levying assessments M/S/C (Ayres / Buydos) moved to approve and adopt Resolution Nos. 2947, 2948, 2949 as presented. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None City Council Action Minutes July 20, 2006 Page 7 of 15 Absent: None Mayor Stubblefield opened the Public Hearing at 7:40 p.m. No one was present to support or oppose Resolution No. 2950. City Clerk Chouinard reported no written comments were received and certified the election, noting the majority is in favor of the annexation and assessment, Mayor Stubblefield closed the Public Hearing at 7:41 p.m. M/S/C (Ayres / Buydos) moved to approve and adopt Resolution No. 2950 as presented. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None 5. STAFF REPORTS 5.1 Planning Commission Vacancy / Appoint / City Clerk Of the Planning Commissioner applicants present the following responded to Council's questions: Tim Ryan, Don Blubaugh, Carlos Batara, and David Kruse Planning Commissioner applicants Richard Nixon and Michael Fred Allen were present but declined to comment M/S/C (Buydos / Ayres) motion to accept the sub -committee's recommendation and to appoint Mr. David Kruse to Planning Commission for the vacated position of Mr. Rod Tolliver term which expires October 2009. Council Member Buydos commented on the Planning Commissioner's duties regarding the quality of development. Council Member Ayres directed City Manager McClellan to revise the Planning Commission application so that all future applications are in a typed format. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None 5.2 Gang Activity and Enforcement Efforts Report / Receive and File / Chief of Police Chief of Police Vest introduced Sergeant John Salisbury and Deputy Stan Holmes and Deputy John Mott. City Council Action Minutes July 20, 2006 Page 8 of 15 5.3 Lyon Avenue developers request to occupy homes and use temporary sewer pump trucks prior to completion of Lyon and Ramona sewers / Approve / City Engineer Public Comments: • Charlie Bachmann, Assistant General Manager, Eastern Municipal Water District (EMWD), 2270 Trumble Road, Perris, CA • Jeff Weber, representing Lyon Avenue Co -Op, 20 Corporate Plaza, Irvine, CA City Engineer Motlagh gave the staff report and background, noting Alexander Communities, approximately a year ago, asked to have Ramona Boulevard closed to bring a major sewer trunk facility from Sanderson to their site along Ramona Blvd. and Potter. Then later they requested to close Lyon Avenue to extend south. These last two construction projects have been an ongoing issue the past 12 months. Because of ongoing water table issues, the developer has not been able to finish the trunk line. The developers requested a temporary occupancy permit based on plan by the developers to pump existing sewer facilities (until the permanent line is finished). While the pumping is being done, EMWD will accept it for use/control over approximately 2.5 months. Their request will sunset in September. They believe Ramona Boulevard sewer will be completed by that time. Engineer Motlagh explained how the street overlay will work during and after the project. City Engineer Motlagh, highlighted three points: 1) It is one request consisting of five developers (Distinguished Homes - T31384, Young California Homes - T31154, Gateway Homes — T30944, Empire Home — T30481, DR Horton T310897 and Alexander Communities — T31037). They are currently in negotiations with EMWD. EMWD will collect $50,000 to insure that the pumping is done timely; monitoring operations; and providing manhole security. 2) If approved, that part of the condition of approval is to finalize the agreement with EMWD first. 3) The city attorney is to draft language to be included in the conditions and most importantly that should there be a problem, the city is held harmless. City Engineer Motlagh noted that another developer, Alexander Communities, is making a similar request: He suggested putting these identical conditions for them. Council Member Ayres question how many units and if it would be caped at 174. Alexander Communities' number of units is 118. Engineer Motlagh responded that it is based on the time element and is to be completed by the end of September. EMWD will require to be held harmless, too. As City Council Action Minutes July 20, 2006 Page 9 of 15 they will be doing the monitoring - ensuring there are no health and safety codes violation(s), he believes the standards can be met. Council Member Ayres questioned how this compared with an earlier request by DR Horton. Engineer Motlagh responded that DR Horton's request was for temporary pumping with the safeguard EMWD would monitor. There was no truck pumping. Their second proposal for an overhead holding tank and then to be pumped was rejected. Council Member Ritchie questioned how many trucks per day. Engineer Motlagh deferred to Charles Bachmann (Eastern Municipal Water District). Engineer Motlagh responded to Council Member Ritchie's question that the water table issue has caused major delays. Council Member Ritchie noted the work on Sanderson went on for a year. Engineer Motlagh noted that the sewer line is in but the manholes have dropped because of the water table and need to be fixed. He further noted that even with the extra compaction it could happen again with unknown factors like a wet year or earthquake, which is a problem for any line in San Jacinto. Engineer Motlagh reviewed the first phase of EMWD's extension. He commented that with the City taking the lead and EMWD monitoring, the outcome should be more assured. Council Member Buydos questioned why the City was taking the lead, when it is clearly going to belong to another agency. Engineer Motlagh explained that because the occupancy permits have to be issued by the city, the city has to be the lead. EMWD has the responsibility of the sewer but they can't control the occupancy permit. Council Member Buydos commented she doesn't believe the Council should be burdened with another agency's problems. She further stated she doesn't see why the city has to be the lead and noted that this should not be common or standard practice. Engineer Motlagh commented that they have been working on this for more than a year and now are asking for help — for a time period of less than six months to resolve it. Council Member Buydos expressed the work with the developers needs to be balanced and wants to be supportive but it is unreasonable to have these lengthy disruptions. She requested that a notice of how it will work be given to every homeowner and that there is recordation it was done. She further noted that even with EMWD taking the leadership role that the problem is the city could be left holding the bag: Ramona Boulevard should have been finished a year and a half ago. She noted a recent example: Mr. Savage's recent issues at Tradewinds (primarily caused by an electric box) — the city is the lead; he didn't go to Southern California Edison to resolve the issue. Charlie Bachmann further explained that they executed taking over the sewer construction contract for Alexander Communities. They couldn't get City Council Action Minutes July 20, 2006 Page 10 of 15 a safe trench using the open trench method. The change order they had to do to utilize different technology added an additional $8,000,000 to the original $5-6 million budget. Mr. Bachmann, (EMWD spokesman) explained that they believed the micro -tunneling machine was the answer to do the installation. They have had some problems. In testing the manholes they found that they had sunk. Their preference is to dig up the manholes but they can be fixed by routing them. It causes EMWD to accept a lower standard but because of the time it takes to dig them up and the capacity drop, it is not feasible. Council Member Buydos requested affirmation that EMWD was taking full operational responsibility. Mr. Bachmann stated the responsibility falls on the developer. If they meet their requests then they will accommodate them: There are to be no health or homeowner issues. There will be a deposit; so that in the event there is a problem, EMWD will step up and get it fixed. The developer has to hold EMWD harmless, too. Discussion followed on what took place that caused the problem with not having the connection completed when the homes were ready to get their occupancy permits. EMWD noted they would have taken ownership of the line if there had not been sags in the manholes. Council Member Buydos commented that she had not heard EMWD state they are taking operations responsibility. Mr. Bachmann responded that in accommodating developments they can deviate from their common operating practices. The developers can bring their plan, explaining their bind and then make a proposal to correct it. He gave examples. Council Member Buydos asked what happens if the telemetry fails. Mr. Bachmann responded that inspectors will have a manual pumping log and will see that it is maintained. The documentation is provided to EMWD. Mr. Bachmann explained where he believes the pump station will be. Trucks will remove approximately 50,000 gallons based on 5,000 gallons per truck, which will be 10 trips per day. Council Member Buydos commented she sees this as more than a little accommodation. If it doesn't work, it is a disaster. She suggested having our engineer monitor it, also. Council Member Ayres questioned EMWD's policy. Mr. Bachmann responded that it is about practice, but at the end, it would be policy. Mr. Bachmann went on to explain that EMWD won't execute the agreement without the project's plan and that they (EMWD) are comfortable with it. Council Member Buydos commented without being 100% comfortable with it, it would be ok to continue. She further noted that not having the final plan is a big deal. Council Member Ayres commented the line goes right in City Council Action Minutes July 20, 2006 Page 11 of 15 front of Mr. Record's house and they should be able to trust him (Mr. Bachmann) for that reason. Mr. Bachmann commented that he explained to his board (EMWD) and their concern is to not have a street closed for a year. Council Member Ayres expressed concern about what would happen if they were not finished in September; and that 10 truck trips a day was not good and hoped that it would not come to that. Mayor Stubblefield believes it is an important issue that Council needs to look at. Ultimately the homeowners will come to the Council if there is a problem. Another concern is: if they can finish the improvements on schedule; the pumping is in a field and not a street. The need to be held accountable for all of these issues discussed. He further questioned if Ramona Boulevard would be finished by September. In response to Council Member Ritchie's question, Mr Bachmann responded that he had received the plan tonight and hadn't had a chance to review it. Council Member Shaw commented that he had doubts about EMWD being ready in two weeks (to bring back to council at the next meeting); noting he is not against it but is concerned about the number of trucks, as they can't pull the plug once the homeowners are in. Jeff Weber, representing Lyon Avenue Co -Op, informed the Council that the associated five builders had been able to accomplish a lot. They continue to work together to resolve the issues but the one not anticipated was the groundwater issue. He then reviewed their timeline. The plans for the repair of the manholes and pipe have been signed off. EMWD's contractor is ready to proceed. The contractor has sufficient time but there needs to be extra because of the previous challenges with the groundwater. Mr. Weber continued, stating that it is the homeowners that need to get into their homes that are having the difficulty, i.e. having to rent housing because they sold their previous home in anticipation of being able to move into the new one. Most of these projects are behind a year. He commented he would be happy to notify the homeowners with the disclosure before the Certificate of Occupancy is issued and would have the city attorney review it before it is distributed. They don't have the intention that the amount in the pipe would be over 4 ft. They know the burden is on them. He then respectfully asked for approval based on EMWD finishing with the paperwork. He suggested final approval could be given to the city manager and city engineer. Mr. Bachmann concurred with Mr. Weber. City Council Action Minutes July 20, 2006 Page 12 of 15 Council Member Buydos questioned what would happen if EMWD says it doesn't work. Mr. Weber responded that the homeowners would most likely cancel their contracts and/or escrow. She further commented that she hadn't heard the level of assurance that she wanted from Mr. Bachmann; appreciates the developers' efforts, and that it will allow the northwest corner of the city to continue to grow. City Attorney Jeff Ballinger commented that he is familiar with similar indemnifications and the city's liability falls on the developers. Mayor Stubblefield commented that he went through some of the model homes in the area and he noted their staff was telling prospective buyers it was dependent on the completion of the sewer line. He didn't see evidence that EMWD was taking responsibility and that the city was indemnified. Attorney Ballinger commented that if it didn't work, then the agreement dies. Council Member Buydos stated that she wants surety from EMWD regarding the plan. Because of previous challenges in the area, wants the conditions listed: o Senior management of the city should concur with EMWD. o Daily reports must be given to the City of San Jacinto o Homeowner notification prior to certificate of occupancy o Indemnification with the City of San Jacinto o EMWD sign off required or it will be brought back She further noted the council has the reputation to work with the developers; sees this as a special set of circumstances; wants confirmation the plan will work and that it will be absolutely finished in September. Council Member Buydos stated she trusts Mr. Bachmann's opinion and the problem can be worked out if the conditions are put into place. She reiterated it is conditioned on EMWD's approval; city's senior management needs to concur with EMWD; review the daily reports; homeowners informed and the indemnification of the city. Mr. Bachmann noted EMWD would be getting the weekly reports. She further noted that if there is any slippage, the city be notified immediately. If EMWD doesn't sign off then it needs to be brought back to council. City Manager McClellan reviewed the clarification of two items in the motion: 1) separate indemnification agreement with the city; and 2) homeowners sign off that they received the information, building officials will monitor with the CofO (Certificate of Occupancy). Mr. Weber noted that they are caped at 174 units. M/S/C (Buydos / Ayres) moved to approve Lyon Avenue developers request to occupy homes and use temporary sewer pump trucks prior to City Council Action Minutes July 20, 2006 Page 13 of 15 completion of Lyon and Ramona sewers with the following conditions: 1. (While it is based on EMWD's approval and sign off) Senior management of the city should concur with EMWD. 2. Daily and/or weekly reports must be given to the City of San Jacinto Engineer's Office 3. Homeowner notification prior to certificate of occupancy 4. Indemnification with the City of San Jacinto 5. EMWD sign off required or it will be brought back (to Council) Motion carried 4/1. Ayes: Ayres, Buydos, Shaw, Stubblefield Nays: Ritchie Abstain: None Absent: None 5.4 Joseph Pink Memorial at City of San Jacinto Veteran's Monument at Druding Park (item added by unanimous vote earlier in the meeting) M/S/C (Buydos / Ayres) moved to approve $30,000 from the General Fund for the purchase of the monument. Motion carried 5/0. Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None Mayor Stubblefield recessed the Regular Meeting to consider the agenda of the Redevelopment Agency at 8:42 p.m. Mayor Stubblefield reconvened the Regular Meeting at 8:43 p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Council Members' Reports Council Members gave their reports. City Attorney Ballinger requested an item be added to the City Council Closed Session regarding the Wal-Mart location, noting language would be provided to the City Clerk for the record. He further noted the item came to the attention of the City after the agenda was posted and needs to be discussed tonight. City Council Action Minutes July 20, 2006 Page 14 of 15 M/S/C (Stubblefield / Shaw) moved to add the following item to the City Council Agenda - Closed session: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Communities Against Blight v. City of San Jacinto (Super.Ct.No. RIC 416034; Ct.App.No.E038816) Ayes: Ayres, Buydos, Ritchie, Shaw, Stubblefield Nays: None Abstain: None Absent: None 7. CLOSED SESSION 7.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Assessor Parcel No. (APN) 435-291-014 Agency negotiator: Barry McClellan, City Manager Negotiating parties: Paul Howard and Dolly Howard Under negotiation: Price and Terms No reportable action. 7.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 413-150-026-2 - Lake Park Well Agency Negotiator: City Manager and City Attorney Negotiating Parties: Eastern Municipal Water District representative Under Negotiation: Price and Terms No reportable action. 7.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 1431 N Lyon Avenue, Hemet; Southwest corner of Lyon Avenue and Esplanade Avenue; APN 441-070-005 Agency Negotiator: City Attorney Negotiating Parties: Mary Hurst, Trustee of the Mary G. Hurst Trust Under Negotiation: Price and Terms No reportable action. 7.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 1380 South Lyon Avenue, San Jacinto; Northwest corner of Lyon Avenue and Esplanade Avenue; APN 431-180-035 Agency Negotiator: City Manager and City Attorney Negotiating Parties: Lisa DeForest City Council Action Minutes July 20, 2006 Page 15 of 15 Under Negotiation: Price and Terms No reportable action. 7.5 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Communities Against Blight v. City of San Jacinto (Super. Ct. No. RIC 416034; Ct. App. No. E038816) No reportable action. 8. ADJOURNMENT With no further business before the City Council, Mayor Stubblefield adjourned the Regular Meeting at 10:40 p.m. ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto by Dale Stubblefield, Mayor Approved as read: Approved as amended: