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Agenda - Agenda Packets - Regular Meeting 12/20/1994
DATE: TIME: SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND NDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY December 20, 1994 7:30 P. COMMUNITY CENTER 625 SOUTH PICO SAN JACINTO CALIFORNIA ORDER olI Call Prayer of: Invocation - Pastor Pledge of Allegiance PECIAL PRESENTATIONS �ployee of the 4th Qua C COMMENTS Any person may address the Council on any subject pertaining to city 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 Council. 4:0 ' REDEVELOPMENT AGENCY 5.0 CONSENT CALENDAR - CITY COUNCIUREDEVELOPMENT AGENCY Convene the Redevelopment Agency in joint session with the City Council for consideration of the following Consent ,items; 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 (3) minutes. 5.1 Minutes - Regular Meeting of November 15, 1994 RECOMMENDATION: Approve the minutes for the Regula November 15, 1994, as presented. eeting of 5,2 Minutes of Special Meeting of November 29, 1994 RECOMMENDATION: Approve the minutes of the Special Meeting of November 29, 1994, as presented. 5.3 Minutes of the Regular. Meeting. of December 6, 1994 RECOMMENDATION: Approve the minutes of the Regula December 6, 1994, as presented. eeting of 5.4 Warrant Register; RECOMMENDATION; Approve warrant numbers 39121 through 3924 dated December 15, 1994 in the amount of $2,429,683.65 and Payroll check numbers 4149 through 4244 dated November 23, 1994. 5.5 Claim Safeco Insurance Co. RECOMMENDATION: Reject the claim as recommended by the Claims Adjustor, pursuant to Government Code Section 913. 5.6 Claim - Sonya Katz RECOMMENDATION: Reject the claim as recommended by the Claims Adjustor, pursuant to Government Code Section 913. 5.7 Adoption of Ordinance Regarding an Amendment to the San Jacinto RedevelopmentPlan Time Limitations RECOMMENDATION: Waive the reading in full and read by title only, and adopt (Second Reading) Ordinance No. 1006 regarding San Jacinto Redevelopment Plan Time Limitations. ORDINANCE NO, 1006 AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING THE REDEVELOPMENT PLAN FOR THE SAN JACINTO REDEVELOPMENT PLAN FOR THE SAN JACINTO REDEVELOPMENT PROJECT IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.E Adoption of Ordinance Regarding Amendingthe San Jacinto Municipal Code Relating to Establishment of Underground Utilities - RECOMMENDATION: Waive the reading in full and read by title only, and adopt (Second Reading) Ordinance No. 1007 regarding Underground Utility Districts. ORDINANCE NO, 1007 AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING CHAPTER 12.288 OF THE SAN JACINTO MUNICIPAL CODE PERTAINING TO UNDERGROUND UTILITY. DISTRICTS 5.9 Purchase Agreement and Joint Escrow Instructions for Lin Property RECOMMENDATION: Acting in the capacity of the Redevelopment Agency, approve Purchase Agreement and Joint Escrow Instructions related to acquisition of approximately 4.74 acres on the Superblock and authorize the City. Manager to execute all documents related to this transaction. 5.10 Approval of San Jacinto Police Officers' Association (SJPOA) Memorandum of Understanding RECOMMENDATION: Adopt the Memorandum of Understanding between the City of San Jacinto and the San Jacinto Police Officers' Association for fiscal year 1994-95. 5.11 Approval of Resolution & Cooperative Agreement to. Continue a Program that allows The County of Riverside to Administer the Mortgage Certificate Program for the City of San Jacinto RECOMMENDATION: Adopt Resolution No. adopting a Mortgage Credit Certificate Program in cooperation with the County of Riverside; approve the Cooperative. Agreement between the County of Riverside and the City of San Jacinto regarding Mortgage Certificate Program for the City of San Jacinto. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF SAN JACINTO, ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF RIVERSIDE, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE IN 1995 FOR AN ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF RIVERSIDE 5.12 Standard Water Facilities and/or_Service Agreement Esplanade Avenue Waterline Improvements RECOMMENDATION: Authorize staff to execute Standard Water Facilities and/or Service Agreement related to Esplanade Waterline improvements. 5.1 S Approval of Contract for Engineering Services - Warren Road Rehabilitation RECOMMENDATION: Approve the contract with James W. Unland and Associates for the design of the Warren Road Rehabilitation Project for a fee of $27,100: 5.14 Approval of Contract for Engineering Services - San Jacinto. Avenue. Sidewalks RECOMMENDATION: Approve the contract with Cozad and Thomsen, Inc. to prepare plans for the San Jacinto Avenue Sidewalk for a fee of $7, 500: 5.15 Approval of Final Map, Tract 27702 Applicant: Premier. Homes Location: South of Washington Avenue, West of Meridian Street RECOMMENDATION: Approve Final Map 27702, and authorize the Mayor to execute the Final Map for recordation. END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.15 and adopt Resolution No. and Ordinance No. 1005. Adjourn the Redevelopment Agency and continue acting in the capacity of the City Council for the remainder of the agenda. 6.0 PUBLIC HEARINGS 7.0 CITY DEPARTMENTS 7.1 Community Oriented Policing Workshop Update - Holmes RECOMMENDATION: Receive oral report. 7.2 Approval of Resolution Regarding Restricted Parking at San Jacinto Community Center - Price/Cox, RECOMMENDATION: If the Council determines the need appropriate, adopt Resolution No. authorizing the Traffic Engineer to. Post Parking. Restrictions at the San Jacinto Community Center: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCILFOR THE CITY OF SAN JACINTO, AUTHORIZING THE CITY TRAFFIC ENGINEER TO RESTRICT PARKING AT THE SAN JACINTO COMMUNITY CENTER, AND TO POST SIGNS THEREFOR MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS Confirmation of Appointments of Representatives to Outside Committees/Councils Mayor Hafliger RECOMMENDATION: Confirm the appointments of the following Outside Committees/Councils. Update from Ad Hoc. Recycling Sub -Committee RECOMMENDATION: Receive oral report 9.0 CLOSED SESSION eahylOaks 9.1 Conference with Legal Counsel, Anticipated Litigation, Initiation of Litigation; pursuant to Government Code Section 54956.9(c) 12 cases Pending Litigation pursuant to Government Code Section 54956.9(a) Housel vs. City of SanJacinto Conference with Labor Negotiators pursuant to Government Code Section 54957.E Agency Negotiator: Cox, Kreisler Employee. Organization: San Jacinto Police OfficersAssociation, Public Employees of Riverside County (PERC) 9.4 Conference with Real Property negotiator pursuant to Government Code Section 54956.8 Property: Superblock, Area East of San Jacinto St. bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Gorman, Delgado, Peterson, Kranz, Urick Under Negotiation: Price and terms; 9.5 Conference with Real Property negotiator pursuant to. Government code Section 54956.8 Property: 393 S. Kirby St. Negotiating Parties: County of Riverside Under Negotiation: Price and terms. 10.0 ADJOURNMENT Motion by: Seconded. Action: to adjourn. Vote: I, Bob Wilson, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 15th day of December, 1994, as required by law. TO: Honorable Mayor and Members of the City Council FROM: Pamela b. Lee, Deputy City Clerk Via Pamela S. Easter, City Manager DATE: December 20, 1994 RE. Minutes of Regular Meeting of November 15, 1994 RECOMMENDATION Approve the Minutes of the Regular Meeting of November 15, 'I 994, as presented. MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY NOVEMBER 15, 1994 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 Hafliger in the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Oaks, Solorio, Williams and Mayor Hafliger Absent: Councilmember Leahy Prayer of Invocation by Pastor Irene Klugman Pledge of Allegiance led by Mayor Hafliger 2.0 SPECIAL PRESENTATIONS Staff advised that a representative of CALTRANS was present to address item 7.4. Dennis Green from CALTRANS Construction Public Affairs was shocked to hear of news reports regarding the closure of Lamb's Canyon. Advised the decision was to be on a trial basis, Monday through Thursday, from 10 PM to 5 AM to facilitate the necessary blasting to complete construction. Advised this would eliminate closures during the day and provide a safer condition for travelers in the area. Further, they had talked to law enforcement and other emergency services and CALTRANS would provide for a traffic lane for the use of emergency services. Other traffic would detour through Gilman Springs Road and CALTRANS would provide a safety patrol every hour during the closure, on Highway 79 and 60, to assure no one would be stranded. If a motorist needed assistance, law enforcement would be contacted. This action would shorten the length of the project, to about 18 months, and most comments from the public were positive. It would be on a trial basis only, and could be canceled on a 48 hour notice. 2.1 Service Awards - Roy Garcia - 10 years & Laurie Mora -5 years Roy Garcia was not present. Mayor Hafliger made a presentation to Laurie Mora. 2.2 "Make A Difference Day Presentations" November 15, 1994 City Manager Easter gave some background information on the program, identified the various projects by each recipient, and thanked staff for their assistance. Councilmember Oaks made a presentation to the Valley Merchants Bank. Councilm ember Solorio made a presentation to the San Jacinto Chamber of Commerce. Councilmember Williams made a presentation to the San Jacinto Unified School District. Mayor H afliger made a presentation to the Valley Resource Center. Mayor Hafliger introduced Albert Gonzales, who was active with the Boxing organization. He in turn introduced the State Champions. 3.0 PUBLIC COMMENTS Dorothy Gates submitted, for the record, written comments and a petition regarding the road conditions at State and De Anza. Mayor Hafliger advised that staff would review and report back at the Council meeting of December 6, 1994. City Manager Easter advised that an item later on the agenda would address the reconstruction of De Anza shortly. With regard to a four-way stop, felt it would require some traffic studies and they would not be complete by December 6th, but staff could have a time frame for additional follow up. Regarding speeding, the Chief of Police would be advised and report back December 6, 1994. Suggested that the residents present at the meeting meet with Les Evans during the break and he could provide them with more information, rather than having to wait another two weeks. Dottie McKenzie, speaking on recycling and state mandates, wanted to remind Council that OK Associates had a signed contract for solid waste collection, and felt that under Section 6 of that contract, they were granted the right to exercise their option for recycling, and that it was legal and binding. Stated the Hemet agreement was previously rejected by Council and should be denied and that no recycling plan be considered by the City until OK Associates was given their right to exercise their option. Asked that Council dismiss the side by side comparison as inappropriate and unnecessary, and give their undivided attention to the legally submitted proposal by OK Associates. It would allow OK Associates to proceed with the purchase of equipment and give the legal basis to show San Jacinto meeting the requirements of AB 939 and 638. Asked Council to make a motion and second and vote to accept the OK Associates proposal to meet state mandates and avoid penalties from lack of adherence. 2 November 15, 1994 At the hour of 7:55 P.M. convened the Redevelopment Agency in joint session with the City Council for the following items: 4.0 REDEVELOPMENT AGENCY/FINANCING AUTHORITY 4.1 Proposal for Redevelopment Agency (RDA) Assistance for Industrial Development City Manager Easter advised staff had not received comments from the developer or the contractor, and requested the matter be tabled. If comments were received it would come back November 29, 1994, or December 6, 1994. COUNCIL CONSENSUS to table the matter. At the hour of 7:56 P.M. adjourned the Redevelopment Agency and continued acting in the capacity of the City Council for the remainder of the agenda. 5.0 CONSENT CALENDAR A MOTION was made by Councilmember Solorio, seconded by Councilmember Oaks to approve the consent calendar as presented, except item 5.5 to be discussed in closed session, and item 5.13, which was pulled for separate discussion and action. Motion carried on a 4-0 vote with Councilmember Leahy absent. 5.1 Minutes - Regular Meeting of October 18, 1994 Approved the minutes for the Regular Meeting of October 18, 1994, as presented. 5.2 Minutes of Special Meeting of October 25, 1994 Approved the minutes of the Special Meeting of October 25, 1994, as presented. 5.3 Minutes of Special Meeting of October 26, 1994 Approved the minutes of the Special Meeting of October 26, 1994, as presented. 5.4 Warrant Register Approved warrant numbers 38823 through 38932, dated November 15, 1994 in the amount of $606,056.99, and Payroll check numbers 3958 through 4056, dated October 28, 1994. 5.5 Claim - Vargas, Lydia & David, Currier, Shawntel Pulled item for discussion in closed session. 3 November 15, 1994 5.6 Approval of Contract with Liebert, Cassidy & Frierson Approved the contract with Liebert, Cassidy & Frierson for representation in the area of employment relations for calendar year 1995. 5.7 Community Development Block Grant Subrecipient Agreement with Phoenix Programs, Inc. Approved the Community Development Block Grant (CDBG) Subrecipient Agreement with Phoenix Programs, Inc. for the "Jobs Unlimited" Program. 5.8 Installation of STOP signs on Lyon Avenue at Cottonwood Avenue Directed staff to install STOP signs for northbound and southbound traffic on Lyon Avenue at Cottonwood Avenue. 5.9 Resolution Declaring Items Surplus Adopted Resolution No. 2230 declaring certain property as surplus and authorizing disposal of said property. RESOLUTION NO. 2230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING DISPOSAL OF SAID PROPERTY 5.10 Request for Parade Permit for Sunday, December 11, 1994 - From 11 AM until Noon Approved the parade permit subject to providing insurance and reimbursing any costs of City Police and Public Works personnel. 5.11 Road Closure for Tinsel Triathlon on December 4, 1994 Approved the closure of Soboba Road between Gilman Springs/State Street, and the Soboba Indian Reservation, for the 9th Annual United Way Tinsel Triathlon. 5.12 Resolution Adopting Discrimination Complaint Procedures Adopted Resolution No. 2231 establishing a discrimination complaint procedure for the City, pursuant to the Americans with Disabilities Act. RESOLUTION NO. 2231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A DISCRIMINATION COMPLAINT PROCEDURE FOR PERSONS WITH DISABILITIES 5.13 Resolution Establishing Procedures for the Handling of Tort Claims Pulled for separate discussion and action. 4 November 15, 1994 5.14 Appointment of Staff Member to fill City Clerk Position Appointed Fire Captain Bob Wilson to fill the unexpired term of City Clerk, until November 1995; allocated $125.00 per month of General Funds to compensate the position. ITEM PULLED FROM CONSENT CALENDAR: 5.13 Resolution Establishing Procedures for the Handling of Tort Claims Councilmember Williams was concerned with the legal fees incurred with small dollars claims and suggested the limit for staff to handle be raised to $1,000.00, it would not be unreasonable and claims would still come to Council to see. COUNCIL CONSENSUS this matter be handled during City Departments on the agenda, and allow staff time to review and recommend an amended limit for staff to handle on claims. 6.0 PUBLIC HEARINGS 6.1 ADVERTISED - Community Development Block Grant (CDBG) Program - 21st Year, 1995-96 Fire Chief Price made a presentation as contained in the staff report on file with the City Clerk. Addressing some concerns, advised he thought the hearing was advertised and prior organizations who made application stated they received no notice. Stated there were applications on the table in the back of the room, at City Hall, and staff would mail them upon request. Again, stated the County's request to split funding in fewer and larger portions, due to the costly paperwork. Requested direction from Council regarding the use of funds for staff projects. Community Development Director McNabb advised of the following projects his staff came up with. 1. Not granting non -profits the 15% and instead dedicate the funds to meeting the ADA requirements placed on the City by the federal government. 2. In keeping with the theme of the previous year, job creation and training, use the funds on the housing program for qualifying people in the construction trades, to work on housing projects which would lead to permanent jobs. Mr. Price explained what ADA (Americans with Disabilities Act) was. 5 November 15, 1994 Council comments: 1. Felt the ADA were already city responsibilities, and shouldn't reduce non-profit funding. 2. Hesitant to put the City in front of the worth while charities. Mayor Hafliger opened the public hearing. Peggy Zisch, Mt. San Jacinto Alliance for Mentally III, gave some background on her organization. They received funding from the County, bought a home in San Jacinto and contracted with County Mental Health. They taught social and life skills to people from all over. They acquired a CALTRANS van last year, put in new carpet, and the volunteers helped run a thr ft store. Many public safety agencies had notified them they were overcrowded and it was not safe. Requested funding to expand the program, but cited that mental health funding was becoming more difficult to obtain and would be less in the future. Gayle Hepner, Valley Youth Foundation, stated they served youth, ages 12-18 years, and needed funding to continue to provide service in prevention and intervention. Ken Shaw, Phoenix Programs, Inc., thanked Council for their past support. Since there was no theme yet, reflected on a generic overview of their program. Stated they had a four bedroom, eight bed facility. Stated they assisted with long term treatment for those with mental health and people in crisis. There were four homes for independent living, one in San Jacinto and three in Hemet, one for ladies and two for men. He liked Mr. McNabb's suggestions, but instead of the City getting involved, thought it could be run independently and their people could train people in construction and help the low income. Related some of their success stories of the past year, jobs being obtained and home ownership for some they had helped. They were working with other social services to transport the elderly and disabled. Felt whatever Council decided for the upcoming year would be good for all. Mary Morse, Valley Restart Shelter, stated that the number of homeless was doubling each year and that the majority were from the local area. Cited the following statistics on their program: 90% Hemet 7% San Jacinto 3% Other County Areas Noted, in looking at the unemployment statistics and the economy in the area, there were large numbers of families, especially single parents. Stated there were three levels of needs; 1) shelter, which they provided in cooperation with churches, 2) day time center with community room, place to send and receive mail, laundry services, bathing facilities, meals 6 November 15, 1994 and transportation. The center also provided case management services for literacy, drug and alcohol recovery services and taught job skills, and 3) transitional housing. They had two for single adults and planned to expand to seven houses. Their ultimate goal was to eliminate the causes for homelessness. Bob Duistermars, United Way, encouraged Council to maintain support of non profit organizations. Felt there would always be a draw to use the 15% funding for projects within the City, but felt it should be something to do with human services. Explained the services the non profit organizations provided to the community, indicating his unique position to see the effects. Felt Council should look at projects by staff as they did the non profit organizations and should establish the same path for evaluation of both. If the City still desired to proceed with funding a City project, then tell the non profit organizations so they did not spend the time applying. In closing, stated the non profit organizations provided a tremendous service to the community, without which, it would be difficult to survive. Mr. Duistermars, in response to Council inquiry regarding whether he was representing the Area Directors, and did they hear there was a duplication of services, stated that anytime there was a reduction in funding there was a need to look at the services provided. The Area Directors let their members know so they can minimize the duplication of services and make sure all the bases were covered. Emphasized the differences as well, i.e., the mentally ill and those with job losses. Stated a calendar of information and the availability of applications was faxed to all their members. Mr. McNabb clarified that their idea was not specifically a City project, but they were hoping the non profit organizations would assist with coming up with programs for affordable housing. COUNCIL CONSENSUS to continue the public hearing to January 3, 1995. Staff advised that action would be required, i.e., the need to set a theme. COUNCIL CONSENSUS to determine a Public Service Theme of "Jobs Creation and Retention, Putting Citizens to Work"; directed staff to meet with the Area Directors' Association to review and evaluate applications; directed staff to prepare a report reflecting the recommendations of the Area Directors' Association for expenditures of CDBG funds at the January 3, 1995 City Council meeting; and directed staff to submit recommended actions for the expenditure of City sponsored projects at the January 3, 1995 City Council meeting. November 15, 1994 6.2 UNADVERTISED - Introduction of Ordinance Regarding Fire Hazard Severity Zones City Manager Easter clarified the advertised and unadvertised hearings were in keeping with Council policy for public hearings on matters not legally required to be advertised. Fire Chief Price made a presentation as contained in the staff report on file with the City Clerk. Noted the mapped areas were determined by state criteria. Mayor Hafliger opened the public hearing. There being no speakers wishing to present testimony, the public hearing was closed. A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks, to waive the reading in full and read by title only, and introduce Ordinance No. related to Hazard Severity Zones. Motion carried on a 4-0 vote with Councilmember Leahy absent. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JACINTO REQUIRING THE FIRE CHIEF TO DESIGNATE VERY HIGH FIRE SEVERITY ZONES At the hour of 8:30 P.M. Council recessed. At the hour of 8:46 P.M. Council reconvened with all members present except Councilmember Leahy. City Manager Easter congratulated Bob Wilson on his appointment to City Clerk and invited him to come forward and assume his position. 7.0 CITY DEPARTMENTS 7.1 Update on Inland Crackdown Allied Task Force (INCA) Police Chief Holmes introduced Rudy Delgado, Edward Zinicki and Benny Rincon. Mr. Rincon gave extensive history on the formation of the task force, where they were at the present time, and what the future held in store. Explained how the local agencies coordinated efforts and the extensive resources which an agency could call upon in a time of need. Told of the equipment available, which had been secured through asset forfeitures. In addition, they obtained federal grant funding, which might not otherwise be available to local agencies. In response to Council inquiries, regarding the Federal Crime Bill, the funding for narcotics would go towards multi - agency task forces. With regard to funding for youth and judicial 8 November 15, 1994 punishments, advised that additional funds were targeted to violent prone people, but only for enforcement. With regard to the actual amount spent locally for illegal drugs, he stated there was major trafficking in the valleys of Riverside County, with an increase in the Columbian and Mexican National areas, which had increased significantly since 1987. He was not aware of the actual amounts spent because they deal mainly with the suppliers rather than the users. Mr. Rincon stated there had been over $9 million worth of seizures, and that was a major impact on the activities. With regard to the supervision and management of the task force, they operated under the Bureau of Narcotics Manuals, which were very specific on every step of an operation. Every precaution was taken to prevent temptation and for the protection and safety of those involved. There was lots of supervision, both direct and indirect, that may not be seen. Procedures were in place with regard to the seizure of currency, including back up safe guards. Chief Holmes noted the task force did their own audits, as well as, the people from Sacramento. Edward Zinicki related the relative cost for clean up of labs, and the lack of such resources for local agencies. Advised that illegal drug labs had the potential for environmental damage, which involved very specialized training and carried with it large liability. Mr. Zinicki made a presentation to the San Jacinto Police Department, and recognized Howard Ballard for his involvement in the task force. Council commended Mr. Ballard for his efforts. 7.2 Revisions to Street Maintenance Projects Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. Emphasized the extremely limited availability of funding. Noted some funding was not for the purpose proposed, but it met the criteria to qualify. Identified the various funding sources and their approved uses. Noted that a portion of De Anza, which received public comments earlier, was not the portion proposed for work. Requested that Council provide direction for staff to set priorities for projects with the funds available. Identified the various proposed projects as outlined in the staff report. Suggested amending the bid and awarding. In response to Council inquiries, regarding the matching federal funds for projects, advised it was a three year call for funds totaling $280,000, which they did not anticipate any problems receiving. Further, as the economy improved, so would the funding. Clarified that FEMA funds had been calculated into the projections. As for reserves, sufficient money 9 November 15, 1994 had been set aside in the event of flooding during the upcoming winter season, but to go any lower would be a gamble. The actual status of the FEMA funds was unknown at the time. Council comments: Supported staff recommendation, except for using funds for left turn lanes at Chase. Funding was necessary for regional arterials for the immediate and long term future. The funding was intended to provide regional access and not local situations, at just one intersection. Could not justify spending that portion of funding for 100 homes when there were 8,000 in the community that needed access to and from work and getting goods and services to the valley. Personally looked at the intersection during a 45 minute period and did not see any problems, although not ideal, it did not warrant the expenditure when facing a financial deficit. Felt deficits arose by not using funds as they were intended. 2. Sought clarification that Warren Road, Gilman Springs, Lambs Canyon and Ramona Expressway met the parameter for the funding, as major arterials. Further, if funds were not expended as anticipated, savings could be derived from Measure A to match a federal grant for regional transportation. A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks, to approve the amended bid of Matich Corporation for the 1994 Pavement Rehabilitation Project, deleting the repair of Seventh Street between Jordan Avenue and Mistletoe Avenue from the project for a contract amount not to exceed $175,000.00; approve the proposed 1994-95 Street Maintenance Program proposed by the Public Works Department. Motion carried on a 4-0 vote with Councilmember Leahy absent. 7.3 Suggested Topics for Joint City Council/EMWD Board Meeting Public Works Director Evans advised he talked to the General Manager and requested Council provide input on topics and direct staff to arrange a meeting and a suggested time for the meeting. COUNCIL CONSENSUS to meet the fourth Tuesday in February. Council Suggestions: 1. Developer connection fees in cooperation with Moreno Valley and maybe tie that in. 2. Mystic Lake Wetlands as informational only, since it would be too much to resolve at one meeting. 3. Update on groundwater. 10 November 15, 1994 7.4 Request for Night Closure of SR 79/Lamb Canyon The matter had already been addressed previously in the meeting. 7.5 Status of Railroad Crossing on Esplanade Avenue Public Works Director Evans advised it would not be in the next year or two. Staff had been meeting with railroad officials and the Public Utilities Commission and hoped to have answers on right-of-way, striping and signage at the next meeting. ITEM REMOVED FROM CONSENT CALENDAR: 5.13 Resolution Establishing Procedures for the Handling of Tort Claims City Attorney Cox felt $1,000 would not be an excessive limit with no procedural changes. When a claim was received it would be copied to JPA and himself and handled as in the past. If the amount was below the established limit, and appeared to be clear liability, staff would be given the authority to negotiate and settle without bringing the matter to Council. Any claim recommended for rejection would come back on the agenda because only Council had the authority to reject. City Manager Easter advised that the Finance Director would provide, on a monthly basis, the disposition of each claim, so as to keep a handle on those types of claims. If Council saw a problem they could then address it. A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks to adopt Resolution No. 2232 establishing procedures for the handling of claims under the California Government Tort Claim Act, with the limit amount amended to read $1,000.00. Motion carried on a 4-0 vote with Councilmember Leahy absent. RESOLUTION NO. 2232 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO ESTABLISHING PROCEDURES FOR THE HANDLING OF CLAIMS UNDER THE CALIFORNIA GOVERNMENT TORT CLAIM ACT 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 WRCOG Update Opposing Unfunded Mandates 11 November 15, 1994 Councilmember Williams reported there was a meeting November 7th and another to occur in January. At the next meeting WRCOG staff would be inviting state legislators to discuss specifically putting forth legislation to address unfunded mandates. The significant part hinged on the outcome of the speakership, who could help to push through legislation to provide relief. Councilmember Oaks related the new focus of the Ramona Pageant, to look for more players of hispanic background. In addition, the bowl would not run year round, only special events. The turn out had not been good and they needed more support from the local community. City Manager Easter advised the pageant would be establishing a Community Advisory Group to provide feedback and community input on the pageant. Mayor Hafliger requested clarification from the City Attorney on the public comments earlier pertaining to the OK Associates contract. City Attorney Cox stated he believed the comment on the content of the contract was inaccurate. The contract specifically had a provision that the Hemet agreement could be considered before OK Associates offering. He felt the speaker may not have understood that. Mayor Hafliger clarified he did not ask for the proposal back on the agenda, that Hemet had asked for it. Council had looked at two proposals in June and chose CR&R, which was turned down for other reasons, and certainly opened the door for other proposals to be presented. He saw no irregularity or illegal act by doing so. He was concerned about the speakers statements and citizens getting incorrect information, a lot of telephone conversations and criticisms. The Council meeting was the proper forum for asking questions and discussing issues and he was angry by all the false information getting out to the public. Felt the speaker had not just dreamt up the allegations and issued a caution to Council regarding telephone discussions regarding such contracts, with vendors. To do so, he believed, was illegal and ethically wrong. 8.2 Cancellation of November 22nd & December 27th Study Session COUNCIL CONSENSUS since there was a special meeting November 29th, and with the holidays, the study sessions be canceled. At the hour of 9:50 P.M. Council recessed. 12 November 15, 1994 9.0 CLOSED SESSION At the hour of 10:00 P.M. Council convened in closed session, pursuant to the following, with all members present except Councilmember Leahy: 9.1 Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Agency Negotiator: Cox, Kreisler Employee Organization: San Jacinto Police Officers' Association, Public Employees of Riverside County (PERC) 9.2 Conference with Real Property negotiator pursuant to Government Code Section 54956.8 Property: Superblock, Area East of San Jacinto St. bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Gorman, Delgado, Peterson, Kranz, Urick Under Negotiation: Price and terms. 9.3 Pending Litigation pursuant to Government Code Section 54956.9(a) Housel vs. City of San Jacinto 9.4 Conference with Legal Counsel, Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) 12 potential cases 9.5 Conference with Legal Counsel, Anticipated Litigation Significant Expose to Litigation pursuant to subdivision B of Government Code Section 54956.9, 3 potential cases, Camino Los Banos fire of June 22, 1994 ITEM REMOVED FROM CONSENT CALENDAR: 5.5 Claim - Vargas, Lydia & David, Currier, Shawntel RECOMMENDATION: Reject the claim as presented, as recommended by the Claims Adjustor pursuant to Government Code Section 913. At the hour of 11:10 P.M. Council reconvened in open session, with all members present except Councilmember Leahy, and announced no reportable action being taken. A MOTION was made by Councilmember Solorio, seconded by Councilmember Oaks, to deny the Claim, agenda item 5.5, as recommended by staff. Motion carried on a 4-0 vote with Councilmember Leahy absent. REPORT OF ACTION TAKEN IN CLOSED SESSION NOVEMBER 1, 1994: 13 November 15, 1994 Report was made pursuant to Government Code Section 54957.1 of action taken in the closed session of November 1, 1994. Subject to full signature of Council findings, the Council sustained the dismissal of a police officer. 10.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 11:11 P.M. Submitted by Bob Wilson, City Clerk Deputy City Clerk Approved Henry Hafliger, Mayor 14 TO: Honorable Mayor and Members of the City Counc FROM: Pamela L. Lee, Deputy City Clerk a: Pamela_S. Easter, City Manager DATE: December 20, 1994 RE: Minutes of Special Meeting of November 29, 1994 RECOMMENDATION ; Approve the Minutes of the Special Meeting of November.29, 1994, as presented. MINUTES SPECIAL MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY NOVEMBER 29, 1994 1.0 CALL TO ORDER The Special Meeting of the San Jacinto City Council was called to order at 7:35 P.M. by Mayor Hafliger in the Community Center, 625 S. Pico Street, San Jacinto, California. Present: Councilmembers Leahy, Oaks, Solorio, Williams and Mayor Hafliger Absent: None A Moment of Silence was Observed for Reflection The Pledge of Allegiance was led by Mayor Hafliger 2.0 PUBLIC COMMENTS None 3.0 ORDER OF BUSINESS 3.1 Analytical Comparison of OK Associates and City -to -City Recycling Proposals City Manager Easter introduced Joyce Marshall on contract loan from WRCOG, who would make the presentation. Clarified that Council had previously directed staff to do an analysis of the proposals and Ms. Marshall was assisting in the absence of Dave Anderson. Ms. Marshall first clarified some changes with the information used in the analysis and provided a handout of the corrected information. The error resulted in a 20 cent difference in the base rate. Further, the $2.28 figure was based on a seven year amortization (the original being five years), included the 50 cent credit on the reduction of twice weekly service, and the reduced credit on the tipping fee. The additional revenue generated by the recyclable commodities would be a 50% split. Reviewed the various steps in the process, some of which would come back at a later meeting for Council action. Noted the formula for calculating diversion was established by the Integrated Waste Management Board and was required to be used. Outlined the differences and likenesses of the proposals as follows: November 29, 1994 Both proposals included public education and community awareness components, as well as residential and industrial recycling programs. Both proposals offered curbside recycling, curbside greenwaste collection and household hazardous waste (ABOP Program). However, noted by discussion with OK Associates regarding the location of the ABOP Program that they planned to locate the program at OK Associates yard. Staff was also recommending that it be at the OK Associates yard, not the City yard. Explained the commingling of greenwaste from mobile home parks, those picked up separately would be residential and those with a central pick up would be commercial. Both proposals included commercial greenwaste diversion, cardboard and office paper recycling. With OK Associates, office paper would be merged with commercial in a commingled program with glass, cans, paper, plastic, etc. Both proposals offered to provide on site composting and curbside collection of recyclables in containers they provided. OK Associates would pick up recyclables weekly and the City to City Agreement would be biweekly. Both would utilize the same processing facilities, and both would allow residents to take recyclables to alternative locations and donate to non- profit organizations. Stated that early implementation in 1995 should allow the City to meet reduction requirements, and both were voluntary. However, all residents would be charged a monthly fee. Processing of commingled cardboard and office paper would be at Inland Valley Waste Management and greenwaste at Agriscape. Ms. Marshall went through the calculations and how the revenue shortfalls were determined. Mayor Hafliger inquired if the commercial recycling annual cost of $63,000 was a low figure? Ms. Marshall indicated it was a low figure, and that $29.17 per month was extremely exaggerated. Staff did not believe most businesses would participate twice weekly, which would actually result in a more realistic figure than the $105,559 calculated. Clarified the figures were arrived at by going overboard in participation, figuring it at 100%, and if they reduced down service levels to one per week it was not likely the majority of businesses would participate more than once a week. Ms. Easter clarified for the benefit of the audience, the original proposal was based on a 5 year amortization and the alternative proposal would be for 7 years, making the difference from $2.68 to $2.28 per month. November 29, 1994 Ms. Marshall stated the OK Associates proposal was not clear on the optional program and rate structure for the commingled commercial recycling program and perhaps that could be clarified by OK Associates. Ms. Easter advised that once a decision was made by Council on the proposal, they would then need to hold rate hearings and set rates, so the analysis was an estimate and the actual costs would be determined at a later date. The figures did not include any franchise or administrative costs for the City to implement the mandate by the state. With regard to OK Associates, an issue to be dealt with was the delinquency factor from billing in arrears. At the same time as setting rates. Council would want to consider billing in advance. Emphasized how important the public education was to obtain maximum participation. Felt the cost for public education outlined in the proposals was low and staff would come back with recommendations to consider, relative to the rates. Would want to be accurate so staff would not have to come back in six months to address the costs again. Also of concern was the indemnification, noting that failure to meet the 25% diversion would be the responsibility of the City. As for the voluntary separation, staff would need to know just how voluntary, and how incorrect placement on the wrong day would be handled. Finally, there was the contingency. If Council did not want indemnification, perhaps some incentive program available proportionately to hauler, residents, and/or businesses, and what would the contingency be in the event Agriscape did not continue to accept the disposals, and were there other providers available. The greenwaste would be a large aspect to the whole program to meet diversion requirements. Council would be asked at the next meeting to adopt several key elements required for the necessary monitoring and development, in addition to that provided by either proposal, and the staff time to fulfill requirements needed to be considered in the rate structure adopted. Paul Hacunda, C.M. Engineering, representing OK Associates, noted the following points. They would collect recyclables and greenwaste weekly, while Hemet would collect every other week and they had done that to alleviate confusion and making it easier for the general public. Noted there would be twice weekly pick up, once for recyclables and once for greenwaste, and citizens would not have to remember which was for which week and it would all be coordinated with the refuse collection. With regard to the commercial recycling, to clear up any misunderstanding, they included commercial recycling whether it was separated or mixed. The cost to process would be $17.10, with the option of a 3 cubic yard bin at an additional cost, where as Hemet would provide November 29, 1994 62 gallon carts. The major difference was in the rate, Hemet more than $3.00 and OK Associates $2.28. Handed out a comparison sheet showing the existing with the overall rate to consumer. Noted the $1.22 difference, attributed to efficiency and experience. OK Associates was proposing to reduce and give credit on diversion from the landfill. Councilmember Leahy inquired if the $1.22 was something that would come six months down the line or would it be included from the start? Mr. Hacunda stated that OK Associates and the City would get together every six months and review the diversion amounts, but was assuming 25% and the savings was clearly the difference from $3.00 to $2.28. Mayor Hafliger inquired if they were reducing the refuse collection from twice a week to once a week? Mr. Hacunda stated that was correct. Mayor Hafliger wondered how many would be willing to give up one collection per week for a mere 50 cents, calculating that out, it amounted to about $6.00 yearly, and felt it was ludicrous to accept only a 50 cent credit. Estimated the savings to be about 25-30% to OK Associates and if the Council decided on the OK Associates agreement, it would be irresponsible to accept a 50 cent credit for selling back one weekly pickup. Mr. Hacunda stated it was that credit, on top of the efficiency realized, to have the waste hauler also doing recycling. The savings on employees and equipment off set the added increase for recycling and the OK Associates proposal for recycling was on a reduced rate, and that was how that was approached. Mayor Hafliger clarified for Mr. Hacunda, a credit of 50 cents per month for four pickups amounted to 12.5 cents a week, and no matter how it was calculated, that was a small fee for once a week refuse pickup. Mr. Hacunda suggested looking at recycling. Mayor Hafliger stated he was not looking at recycling. He was looking at the cost for refuse collection, and the credit back for the loss of once a week. Mr. Hacunda stated they would still be picking up twice weekly. November 29, 1994 Alan Ognesian, OK Associates, suggested looking at the projected shortfall in revenue and noted the budget was put together based on a specific number of hours for collection, no matter what was collected. The shortage shown would be made up by OK Associates as the waste hauler, based on the efficiency and hours saved by collection of both refuse and recyclables at one time. Councilmember Williams suggested making the assumption, if Hemet were chosen, under the same scenario, to go once a week collection, it would make sense to follow the same numbers through and credit more than the 50 cents. Mr. Hacunda agreed, stating it would be $14.84 instead of $14.01., noting that public education had tripled the budget. City Manager Easter stated it was much more in line with what it would take, noting if Council took a five year plan with a public education budget of $10,000, it was admittedly low. She expressed to Council the importance of public education and the role to make recycling successful. Mr. Hacunda inquired how much Hemet proposed for public education? City Manager Easter stated it was not clear in the proposal, but the clarification from Mr. Guzzetta, stated it would be per the direction of the Committee and Management overseeing operations, as well as the Citizen Solid Waste Advisory. The information materials were reviewed by both staffs and the committee, and the cost would be included in the rate structure. May be a representative of Hemet could delineate it. Mr. Hacunda stated the OK Associates proposal also had provided a method of recycling for multi family units, but could not tell if that was addressed by the Hemet proposal, as well as the number of containers and the size, which was included in OK Associates proposal. City Manager Easter inquired if Council would like that addressed? Mayor Hafliger suggested Hemet could address it during their presentation. He also noted the committee made provisions for that, he and Jan Leahy were both on that city to city committee. Mr. Hacunda noted they had included in the rates for recycling, the processing fees. Noted they had contracts with Agriscape and Waste Management of Inland Valley. The rates shown on the staff report and November 29, 1994 the Hemet proposal, indicated less than their rates for the same companies and he believed they would be higher after January, 1995. The figure of $2.10 per ton was hard to believe and he was interested in how they arrived at that rate. In revenue sharing, the resale of recyclables to Waste Management was a possible gain in revenue, depending upon the residue contaminates that had to be shipped to the landfill. If in fact, through education and the tagging of containers they were able to generate revenue and keep the residue level down, there would be a 50/50% share of the gain. The Hemet proposal would require recovery of City overhead but OK Associates would take care of the administration of recycling and there would be no City overhead. Assuming that the City needed to be involved, did Hemet really expect that they would spend $20,000 and not recover it, it was unclear what had to be recovered and wanted to have that answered. Mayor Hafliger suggested that staff could respond regarding City involvement and the type of background required to do that. City Manager Easter explained that staff involvement was needed to ensure the requirements of AB 939 were met, those requirements being many faceted. What she thought Mr. Hacunda was referring to was the annual diversion report to the state, which OK Associates would do. But staff would need to review the technical documents and assist with reporting to the state, as well as other things, since the City was responsible for implementation of the programs identified in the SRRE, some of which did not involve OK Associates. If desired by Council, Ms. Marshall could address the issue more specifically. Mr. Hacunda indicated that Mr. Ognesian requested he advise that OK Associates was currently doing some reporting, so it would not be uncommon for their operation. Advised that he had done the conversion rates not available at a previous meeting, as well as how they were obtained. Noted, however, if there were delays in getting the program started the diversions may not be met. While currently meeting diversion, the three months to get going would have to be made up to reach the 25%, which it was almost 10% currently. He felt confident it could be done. Noted his exception to the last paragraph in the Hemet letter referring to tipping fees of $3.73, citing that was the landfill cost the City currently paid, stating there should be an extra $1.16 and the City actually paid $4.89. Finally, the recycling processing fees were contained within the OK Associates rate and he did not want that confused. November 29, 1994 Councilmember Leahy, in the interest of keeping recycling as low cost as possible, inquired if it was conceivable to have smaller containers rather than the 60 gallon type which necessitated the automated truck, would prefer to stay manual? Mr. Hacunda advise that OK Associates had proposed an alternative program of manual collection. City Manager Easter advised that staff did not receive any information on an alternative manual collection program. Mr. Hacunda stated nothing was submitted in writing but it was laid out at a meeting because of cost consciousness, as they pursued many avenues. OK Associates would develop that if desired. Ms. Leahy inquired if it would be cheaper? Mr. Hacunda indicated it would be. Councilmember Williams inquired, regarding the amended rates, Page 20 and 20 (a), the difference in processing fees, and if cost was annualized cost, why was it impacted by the depreciation schedule? Mr. Hacunda advised one of the budgets was prior to the meeting, made with certain assumptions on the amount of material to be diverted, but after discussions with Ms. Marshall, she felt that recycling may be slightly lower and greenwaste higher, in participation. Subsequently, they did an audit and altered the amount. Noted page 20 (a) was current and the other was submitted in error, at two different times. Mr. Williams inquired, when those go up, wouldn't that impact the $2.28 base rate? Mr. Hacunda indicated it would not. Mr. Williams inquired, other than speaking of efficiencies, using the same materials and labor for recycling versus refuse, the shortfall of $384,000 would spread to the customers at a rate of about $5.00 per month, could Mr. Hacunda help him close that gap? November 29, 1994 Mr. Hacunda advised the budget was developed using information extracted from operations at OK Associates and to explain further detail would be a matter of proprietary information of a private business, which they could not disclose publicly. Mr. Williams thought it interesting that detailed information was considered proprietary, like the original document released. However, he felt this was a community program and a commitment to the community, and the best explanation that could be given to bridge the monetary gap was that it was proprietary information. Wondered if anyone could explain the gap? Councilm ember Solorio clarified that he thought the questions concerned OK Associates methods of operation and how they run their business. If the concern were cost savings to the customer and how to keep from including the deficit in the report from coming up on the trash bills, that could be addressed through the contract, when the contract was presented to the Council. Council would have total control of any contract signed by the hauler, and the benefit of legal counsel review and address the issue at that point. If the concern was the CPI, it could be addressed at the time of the contract. If the company defaulted later, that was not the concern of the Council, the concern was did they have a hauler to provide service and would it benefit the residents of the community, and not go off on other tangents. Mr. Williams wanted to point out that the Council was the guardian of the City coffers and the residents had to pay for the service they must buy. It was incumbent on the Council, when the budget was presented, to look at any glaring issues, and a $380,000 shortfall was a glaring issues. Guessed it was proprietary information and yes, Council controlled the contract, but they were not rocket scientists and at some time it was logical to think that the residents would have to make up the shortfall or the company would not provide the service if they did not make any money. If the matter was not clarified, then Council could not expect anymore. Mr. Hacunda stated that OK Associates received revenue from refuse and recycling, both residential and commercial, and they were just trying to take the recycling free standing, when what they have is a complete operation and it was their business how to manage revenue. November 29, 1994 Mr. Williams inquired if it would be safe to say that, other than the CPI, OK Associates would not be coming back and requesting to make up that gap? Mr. Hacunda stated that what OK Associates would do, was in six months check the diversion, and only if the processing fees went up, which was beyond their control, they would come back, but not for the proposal as currently presented. Mayor Hafliger found if absolutely irresponsible, and could not fathom some of Council comments. They were putting together a program for the residents they represented where there was a projected 40% short- fall, but Council was not suppose to take that into consideration when making the selection on who would do the job for the City? If Council approved a plan such as that, which was designed around smoke and mirrors, it was irresponsible financing and acting irresponsibly. Mr. Solorio stated Mr. Hafliger was correct, they were irresponsible, because they did not have all the information regarding operations of the business. In that sense, to take one facet of the operation, and to not base it on the whole solvency of that operation, was irresponsible. Mr. Oaks inquired how the figures on Page 3 were derived at? Ms. Marshall stated they were based on tonnage from a tracking system developed by Riverside County, which was true in all jurisdictions. The haulers took only a percentage, because some self haul would not fall under the jurisdiction control. Mr. Oaks inquired if any of the 11% was diverted to recycling? Ms. Marshall advised the City did not have direct control over that. It was an issue raised by WRCOG jurisdictions should only be required to reduce waste over which they have some level of control. Currently each jurisdiction is responsible for the total amount reported. Mr. Oaks inquired if that was 28.4%, how would they satisfy the 25% diversion? Ms. Marshall stated this would be taking into account, that the City could only reduce that which they had control over. So the actual reduction needed would be 28. 4 `Yo , of the 88% over which the City has control. There were other programs identified in the SRRE which the City could do November 29, 1994 something to address the self haul, which did not fall under the hauling contract. Ms. Easter stated there were a number of programs that went beyond the recycling contract. With OK Associates they would need to assure another 12% reduction to influence the contractors and landscapers into, not taking their greenwaste to the landfill, they needed to find a central point to recycle, such as at the City of Hemet yard, or taken to Agriscape. However, those programs would not involve the hauler, but be the responsibility of the City. Ms. Leahy inquired if a time would come that the 11 % going to the landfill would eventually be told they could not do so? Ms. Marshall stated there were various things proposed, such as certain material types, such as greenwaste, being banned at the landfills. Already large metallic items were banned, but the majority of what was going could be addressed in the development process. Mr. Solorio inquired how were they covering the cost of CIWM reporting currently? Mr. Marshall stated the initial development of documents was based on a fee charged the first couple of years, about 1990/91/92. Charged specifically for Integrated Waste Management and no funds since. Ms. Easter anticipated that the amount of time required to ensure the City was meeting AB 939 requirements had escalated and then tapered off. It was an issue they would like to come back and address more specifically, but it did not require a decision presently. There was not sufficient information and it would come back for Council decision. Mr. Solorio brought it up because it was mandated and would have to continue. OK Associates was willing to report and take care of that program and the in the City of Hemet proposal there was no such option. Ms. Marshall believed that was correct, but on the annual reports, there would be significant staff time which would have to be incorporated in the documents somehow, the other important components, which were detailed and time consuming to prepare. 10 November 29, 1994 Mr. Joe Guzzetta, Hemet City Manager, stated that San Jacinto could just as easily provide those reports together by both cities. The first was an issue of governance of the two cities, and with consensus it could be put together. Hemet was very supportive of a joint program, it was a primary opportunity for the two to work together with the opportunity for savings and a benefit to the citizens. They had a strong successful program in effect for over three years and they were currently diverting 35-40% of the waste stream, depending upon what base year the state gave credit for. That included greenwaste, which was 10% when first initiated and it began in full swing last month. Their program could begin immediately, with a 90 day lead time to purchase equipment. There was a potential to exceed diversions which could be used to off set any amounts that San Jacinto may be unable to obtain starting late, and they could pool diversions for the valley, as a whole, to meet the 25%. Hemet's would allow the City to continue providing twice weekly refuse service and it would be Council option to reduce to once a week and save the residents. When the committee looked at the total cost of refuse and recycling, they concurred that those $15.34 and $14.01, from earlier studies were $12.81. That was the rate Hemet currently paid and it was reasonable to expect that residents, through negotiations, could have that range. Originally the education budget was $25,000 and the committee requested it be reduced to $10,000, to reduce the cost to residents. Showed Council and the audience the various flyers and publications Hemet had developed, in English and Spanish, for both residential and commercial customers, as part of their extensive education program. It was through their serious education program that they achieved the 35- 40% diversion, and San Jacinto would have the same benefit. The budget also contained $21,000 for administrative costs to San Jacinto, and it contained no fluff. The staff of San Jacinto had determined a reasonable amount of time and an amount to be reimbursed for cost, rather than subsidize it from the general fund. The proposal also included $77,000 in depreciation, as a conservative approach to budgeting, on top of the debt service. San Jacinto had the option to change the capital equipment to leasing, drop when the economy changes, and purchase, at any time, or could apply it back to reduce rates and be back down to bare bones at $2.25 for recycling, which did not include a reduction in tipping fees. It was essential how rates were kept low. Refuse rates with OK Associates would only be reduced 50 cents when the service was being reduced in half, to cover a partial cost of recycling, which was why their proposal looked advantageous. But if you put the two side by side, with Hemet it would be $2.25, and those were the points to be made. 11 November 29, 1994 Mr. Oaks inquired why the processing fees on page 15 of the study looked low? Ms. Marshall stated the different calculations were based on facts, provided by San Jacinto City staff and in that draft, they were talking about only implementing for nine months, but when originally prepared, they were looking at a full year of diversion. Mr. Oaks thought that surely it would be more than 3,900 in nine months. Also, he noticed the basis for depreciation on bins was ten years for Hemet and OK Associates was seven years, which put them at a disadvantage. Mr. Guzzetta stated that the way they structured the bins and trucks, if the program were discontinued at anytime, the equipment would become San Jacinto's, for them to sell to another hauler, or on the market. Mr. Oaks saw it as a disadvantage to be in the trash hauling business. Mr. Guzzetta stated, otherwise, at the end of five years, it would be paid for but the City of San Jacinto would not own it. Mr. Oaks inquired if they anticipated greenwaste increasing the first of the year? Bob Farni, City of Hemet, stated they secured a two year contract so the prices would be good for that term. Mr. Oaks inquired when that contract would expire? Mr. Farni stated it had another 18 months. Mr. Oaks inquired if the shortfall would involve a rate increase? Mr. Guzzetta stated they could absorb plus or minus 5%, not sure it was calculated that precise. Mr. Oaks envisioned the OK Associates contract, with the CPI, to increase about 6 cents in a year. Did Hemet anticipate an increase next year? Mr. Guzzetta could only relate the experience of the past years, which was less than the CPI. 12 November 29, 1994 John Herrera, City of Hemet, stated that the City of Hemet had experienced a dramatic reduction in refuse rates as a side affect, but that it was difficult to do an analysis on just one piece of the operation. Hemet had decreased their refuse cost and transferred the savings to recycling, but would fully expect to recoup the shortfall. Mr. Guzzetta stated the question of containers or bins, they take 25% of the capacity and have that in the base rate. Everything over that pays, and the larger reduction off sets the recycling cost. Mr. Hafliger stated the comparison of every cost was laid out and on that basis one could see how much would need to be increased to cover the cost. That was one advantage to see exactly what Hemet and San Jacinto spent to collect recyclables and refuse. Mr. Oaks inquired, would the Hemet revenue sharing include the savings, because with OK Associates, the savings would go to the customer? Mr. Guzzetta stated that if the refuse collection was reduced to once a week and passed along to the customer, did not see how it could exceed the Hemet proposal, because the cost was not reduced 50%. Mr. Oaks inquired how much revenue sharing there was to date? Mr. Guzzetta stated it was back in the net rates. Ms. Marshall stated that on page 10, the commingled factor for actual revenue arrived at an actual cost of $2.07, rather than $25.00. Mr. Williams inquired, on the greenwaste side, with efforts to move internally, if rates went up, would there still be the option for composting at the city yard or Domengoni? Mr. Guzzetta stated they had the capacity at the corporation yard to have some type of recycling, as well as, discussions on the general concept and they looked at composting at Domengoni, and also backyard composting to keep the waste there and use in gardens. Mr. Farni stated Hemet was doing a feasibility study on a material processing facility, and mulching, for transfer to a facility for solid waste. They expected completion next month. There was also the future opening of the City of Hemet Greenwaste Drop-off program, which would accept landscapers greenwaste and charge by the truck load. There was 13 November 29, 1994 also the Christmas tree recycling program of the past year, which was also offered to San Jacinto residents, and would be offered again for the coming year. The goal was to keep materials out of the landfill, and felt they could work with contractors in the valley. Had sent a letter to EMWD regarding Domengoni, to arrange for corn posting to be used for landscaping there. Mr. Guzzetta stated that how they treated multi family, depended upon the type of service. The could provide central bins or individual trays, but they were flexible for the benefit of mobile home parks. Mr. Williams stated, with regard to the CPI, if they were looking at 3% to OK Associates in the months ahead, at 6 cents on recycling, and if both looking at 50 cents per month, that was a boost right off the bat. On revenue sharing, with OK Associates, there was the likelihood it would be off set by the contamination charges they would be forced to pay, if he understood the paragraph correctly. Mr. Guzzetta thanked everyone for all their efforts. Mr. Hafliger noted that during the committee meetings one point that was made, was that both cities sent representative staff to WRCOG, and under the agreement many hours of staff time could be saved by sharing the representation for that and other related meetings. Mr. Guzzetta stated each city could share the representation responsibilities if desired. Francis Boykin was present due to an article in the local news. He wanted to know more about, and understand, what was being talked about. He saw that the discussions and deficit were only about recycling and not the total refuse program. As a volunteer in recycling, he did not feel it was needed once a week, perhaps once a month, and that the 32 gallon containers did not include newspaper, which were separate. Did not see why such large containers were needed, nor automatic trucks, unless there was a very unusual amount of recycling. He listened to the concerns of Council, and yes the expense looked large. Inquired what would happen if OK Associates could not meet the expenses and they lost the refuse service, and the City had to make a decision on how to handle refuse? He felt the Council should be concerned about the difference in revenue estimates. Hoped the Councilmembers elected to represent all the residents would have their interests in making the decision. Talks had occurred with regard to greenwaste and recyclables, but what about other 14 November 29, 1994 items that did not fit in either category? Hoped that would be addressed in the education part and if not, it should be considered. Ms. Leahy asked the Mayor for the speaker to stay within the 3 minute time limit. Mr. Boykin understood how it was to sit there, it had been some time, and how it was to sit in the audience, without benefit of staff reports, so could understand why people may wonder about issues. It was the responsibility of Council to consider an agreement and keep the residents in mind, if they could not be for the financial benefit, to make sure it was a solid plan to provide for recycling and other services. Dottie McKenzie believed the OK Associates option to submit a proposal took legal precedence over the already rejected Hemet proposal. Felt the Mayor was out of order to request a side by side comparison, with no motion by the Council to reinstate it. Stated OK Associates was functionally adequate and reliable, from which residents had benefitted by the credits passed on with the lower dump fees. Accepting their proposal would free the Council from the taint of acting in violation of the Brown Act. Suggested that Council let Schroeder, Veneable, and Tandy maintain their budget and let Hemet go elsewhere to replace the shortfall of their city funds. Their program was operating at a loss. As an active member of the Focus Group, urged the Council to vote to accept OK Associates proposal. Allen Pace was a new resident and had been keeping up with the issue through the papers. He was sorry about the CR&R proposal. Based on his prior positions in Orange County and contracting with private enterprise, he had more questions. On the shortfall of OK Associates, was it a long term budget loss they would be able to make up over a period of time? Thought that OK Associates was ok on the surface, but that Hemet sounded like the best deal. Would the Hemet proposal require purchasing trucks and go into the business of picking up refuse or would OK Associates continue? Felt the $28,000 shortfall would be easier to make up than the $364,000. Would the loan be paid by the profits of the business, if so ok. Would like to have more time to study the differences, other wise supported Hemet proposal. November 29, 1994 Walt Stewart stated there were all kinds of figures and the only ones he had were from the papers. The OK Associates proposal was $2.28 a months, with something about 5-7 years and would cost more, how much more? Ms. Easter explained the OK Associates proposal on a five year basis would cost $2.68 per month, and on a seven year basis $2.28. Mr. Stewart, stated that with 10,000 at $2.28 and Hemet would be 13,000, now adding the other 40 cents, they would be paying OK Associates for regular pickup $310.00 per month, if only once a month. If only once a month on refuse, that was a lot with no discount for once a week. The past week, they were suppose to have a picked up on Friday and never did. Also, they save money and the cost of recycling and refuse goes up, with no change. Council should evaluate the Hemet proposal, evaluate both to the residents and all the other details. Council had a tough job to figure it out. During the summer he evaluated OK Associates. They averaged 30 minutes per pick up, so you get four hours a month for twice weekly, and that is going to go up. That is good money, he would like to make that. But now they propose once a week and receive an increase and residents only get a reduction of 50 cents. Hoped Council would really evaluate both proposals, because OK Associates hadn't really picked up in the past. Inquired who monitored their contract? Ms. Leahy stated the problem was not pickups. Inquired if Mr. Stewart had ever called anyone? Mr. Stewart inquired if he was suppose to call someone? Ms. Leahy stated that normally one would call the city offices or OK Associates. Mr. Stewart inquired who monitored their contract? Mr. Ognesian wanted to respond from the audience. Mr. Hafliger stated the issue was getting off the subject at hand. Mr. Stewart stated he did not think he should have to call. Mr. Hafliger declared the matter off the subject again. 16 November 29, 1994 Mr. Hafliger noted the last time Mr. Stewart spoke, there was a tremendous outburst of applause when supporting the OK Associates proposal and now he was back with some doubt, which was not solicited by him nor any other Councilmember, but there was no applause. He wanted to point out that he had been called names in the past, and asked Council to take into consideration the change in attitudes of the people in the past six months. Clayton Record stated that six months ago he told Council of his concept of the issue at that time, and more important was the public involvement and the need for closer working relationships with their sister city. Thought that public involvement became necessary and they came to grips with the issue. It was even more important now to bring closer cooperation with the communities, and in a broader perspective, making it easier to support the Hemet proposal. Relating the 2010 Committee policy on regional issues and the multi -jurisdictional scope, the two cities should work closely and explore opportunities to consolidate services and make both more effective and efficient. The benefit would be a united front from the valley while preserving local government decision making on regional policies. This was an opportunity to do that, and urged the Council to look at the broader perspective. George Crowley, President of American Village Association, was present to lodge a complaint against OK Associates. He presented plastic bags of debris left behind the trash trucks as they compact themselves, including glass debris. It was his opinion the drivers should clean it up. Their area was not serviced by street sweepers and some of the debris was being picked up in tires. Was opposed to the large containers in their area, with only one car garages, they simply did not have room for them and would like Council to keep that in mind and make the contract for a reasonable size. Norm Surbeck stated he had read the papers, attended meetings, and was a member of the 2010 Committee. He did not understand how Council could consider OK Associates to service recycling and come up with a $300,000 shortfall. Felt it would cost the residents more in the long run and they would pay one way or the other, either it would fall through or it would have to be reworked again. Mr. Hacunda noted that Council had asked about recycling processing fees, which he had also questioned. OK Associates had almost $40,000 and Hemet had $14,000, and he thought he heard the answer was the revenue they collected from recycling. Projections of the Waste 17 November 29, 1994 Management contract for characterization study and tipping fees, provided a number that would project low tonnage. However, when starting a new program you have to set aside time for the public to learn and he wondered if Hemet could substantiate the claim of receiving that revenue, or was there a representative of Waste Management present to get an answer on what the tipping fee would be? Mr. Guzzetta called for a representative of Inland Waste Management? John Sasine, Inland Valley Waste Management, stated the proposal given to both were the same and each would benefit from the sale of various sorted materials with the same gain. The documents showed Hemet back down to $2.07. When they sent to OK Associates a couple months ago, the price of paper had gone up and then came back down, so the cost for processing would be exactly the same for both. Mr. Boykin inquired if someone could clarify what was considered contamination? Ms. Marshall explained that typically those were things like laundry baskets in plastic, for which there was no market and they would go into the waste stream, or food wastes in large quantity, maybe placed there by accident. That was why the public education would be an issue. Mr. Hacunda stated that in the characterization study, if they got the recyclables to the market with low contamination, the cost would come down to 82 cents a ton. He did not feel it was prudent to assume it would be that clean. OK Associates would split that revenue and the City already factored that in. Regarding the Agriscape contract, they heard Hemet's response, it was based on higher volume, or the existing contract for $4.00 per ton. OK Associates had been in the market and had a different proposal. Mr. Farni stated it was currently $4.00 a ton, and with the combination of wood waste, they averaged $2.00 a ton. They had a high volume to bring the cost down. OK Associates was greenwaste combined with wood and thought it was $4.00 a ton if contaminated, as Ms. Marshall explained. Hemet used a process of visually inspecting the deliveries to keep the contamination down to only 1-2%. Mr. Oaks thanked Ms. Marshall for her efforts and stated she had done a good job with the data available. 18 November 29, 1994 Mr. Hafliger felt the Council should consider, before voting to approve OK Associates, the need to make sure they did not accept the 50 cent buy back for once a week pickup. It was absolutely far too low and should be more like $1.50, and be reflected on the trash side. The other was the need to pay attention to the shortfall of over $300,000, that would come back to haunt the Council. As they moved through the process and there was a serious shortfall and the hauler came back and told the Council they needed more money to make recycling successful, the suggestion would be to tell them no. However, Council needed to consider if they told the hauler no, and that prevented the City from reaching the 25% diversion rate, the state would come back on the City, not the hauler, because the City did not provide the funds necessary to complete the project. May be staff or the City Attorney could address that, and take serious consideration of the 50 cents credit, because the residents deserve more than that. Noted the absence of public input since the first meeting. At that time some Council were impressed with the public input and one person spoke in favor of the Hemet proposal. Now that was reversed and more were leaning to the Hemet proposal. There being no further input, stated they were ready for a motion. Mr. Oaks noted that what they looked at in June was different than the present, because they were then talking about a MRF. People did not worry about separation and the two plans were slightly equal and the differences were not as great, which was why there was presently less input. Mr. Hafliger stated it was voluntary currently, the same as it was in June, there was no distinction or difference. Mr. Solorio agreed with the concerns on signing the contract, as noted by Mr. Hafliger. However, the contract would have the necessary checks and balances. At the present time it was only a proposal to have a contract and wording could be changed and numbers would change, and until a contract was signed, they would accomplish nothing. Ms. Leahy thought it important to point out the public cost being discussed would be more than either proposal, once franchise fees and administrative costs were added. The public needed to brace themselves for a lot more cost. Agreed the large wheeled containers, even for large families who do volunteer recycling, would not be appropriate. Perhaps 32 gallon and even 17 gallon for American Village. This would also eliminate the need for automated trucks which would cost more. Most 19 November 29, 1994 importantly was the overall cost to the people. Did not feel the shortfall was a matter to be considered, but by the same token, if OK Associates could enter into a contract with that shortfall up front and they came back or went out of business, at that time the City could go to Hemet to recycle. Presently the City did not have the flexibility to go to Hemet because of the OK Associates contract for refuse. If the possibility ever arose, the City would have the feasibility and flexibility to consider Hemet. Mr. Williams in responding to Ms. Leahy, found it ironic to talk about making sure the residents got the best price when it was already identified that the program of OK Associates was upwards of $5.00 a month per resident in arrears. To say it was ok and ignore and trudge down the road, was to ignore the obvious, and to even entertain as reasonable and logical, they could perform services at a loss. It was obvious to anybody who listened to the discussions and read the documents. It was a far stretch to suggest that OK Associates could perform to Hemet's level, where they were already achieving diversions with experienced staff in place, performing the tasks that San Jacinto would have to internalize in their own community. Hemet had an ongoing education program, and no matter where anyone sat on the issues, it was a key to the success. OK Associates had no idea of how to make that work and offered nothing in their program or plan to show how. They said they would buy an ad and he assumed it would take more than one. Looking at Hemet's, they already had the documents. He could not underscore the comments of Mr. Record regarding regionalization. The unfunded mandates were becoming a burden on the community and the motivation to combine resources would give some clout County wide, and obviously with the state. It just made sense to combine resources to address the issue. Hemet already talked about a transfer station and the opportunity to move greenwaste, which would block out a portion of the fees. He was just lost to understand how Council could leave the future in the hands of OK Associates to make the program a reality. Anybody who could read would know that was a dangerous course and there would not be a successful program. Therefore he supported the Hemet proposal. A MOTION was made by Mayor Hafliger, seconded by Councilmember Williams to adopt the City of Hemet, city -to -city proposal. Motion failed on a 2-3 vote with Councilmembers Leahy, Oaks and Solorio dissenting. Mr. Hafliger cautioned the Council to be concerned with the 50 cent credit for once weekly service for refuse, and that it would be a mistake with the $385,000 shortfall which would come back to haunt Council. 20 November 29, 1994 Ms. Leahy asked for clarification on the vote. The motion and vote were restated. Mr. Williams indicated this was a sign that residents needed to be more active on what went on in town. Felt the Council was not looking at the bigger picture and did not have the foresight to provide for regional issues. Could not just say City limits stopped at a given location, because the issues crossed those boundaries and they were significant with regard to crime, poverty, homelessness, etc., and needed to be addressed regionally. A MOTION was made by Councilmember Solorio, seconded by Councilmember Leahy, to adopt OK Associates proposal. Motion carried on a 3-2 vote with Mayor Hafliger and Councilmember Williams dissenting. Ms. Easter stated that as a result of the action, perhaps they could outline the next steps and get feedback on the specific issues, which would help the City Attorney negotiate a contract with OK Associates, and come up with a time line to bring back a proposed contract after the December 20, 1994, meeting. Ms. Leahy felt there should be more than 50 cents credit and it could be negotiated in the contract. Ms. Easter inquired if Council wanted a 5 or 7 year amortization? If for seven, there would need to be language to address the 50`)/0 diversion in the year 2000. Mr. Oaks preferred seven years. Ms. Leahy with regard to amortization, suggested using smaller containers to negate the need for automated trucks and cut the cost for using 32 gallon versus the 60 gallon containers. Ms. Easter stated they could request manual collection and smaller containers if that was the direction of Council? Mr. Solorio, with regard to the contract shortfall checks and balances, would like some language incorporated in to give a time line annually on the percentage of diversion and if accomplished, and if not, the City would have the opportunity to dismiss the contract. 21 November 29, 1994 Ms. Easter clarified, Mr. Solorio would like not only annually to review to ensure successful diversion and meeting contract terms, but also the ability to terminate. Also language to require future requests for CPI increases or extraordinary costs, at the sole expression of the Council? Mr. Solorio yes, anything above the base rate amount presently on the contract issues. Ms. Easter, clarified, it would be a continuation of automatic increases for refuse, but recycling would be the sole discretion of the Council? Mr. Solorio stated they would be tied to the CPI. Ms. Easter clarified that it would be merely upon request for the CPI? Mr. Hafliger clarified it would only be in recycling, and any increase would be through a CPI study and would be at the sole discretion of Council, to be a part of the contract. Mr. Solorio agreed with Mr. Hafliger. City Attorney Cox inquired, was it Council intent to exclude extraordinary increases, i.e., Agriscape raises their rates? Mr. Solorio stated one issue raised by staff was an alternative contingency plan which would have to be addressed by Council and not in the contract. Mr. Hafliger was concerned with the CPI, because OK Associates had already charged to refuse the expenses for recycling, correct? Staff indicated that was correct. Mr. Hafliger stated that if they were only limited to the CPI on recycling, they would just raise the rates on refuse, and Council would approve that. Mr. Solorio stated the issue was to address a recycling contract since there was already a contract for refuse. Mr. Hafliger wanted to clarify, that on the recycling contract, only the CPI was guaranteed and that the Council had the sole discretion. However, on the refuse contract, OK Associates could present numbers, such as in 2 2 November 29, 1994 the proposal, and raise those rates if they showed an increase? City Attorney Cox stated the CPI increase would be automatic. Mr. Hafliger inquired about cost above the CPI? Mr. Cox stated there was an existing clause for increases for extraordinary cost. Mr. Hafliger inquired if the information was proprietary, how could Council justify giving a raise? Mr. Solorio stated that if what Mr. Hafliger stated came to fruition, Council would have the option to grant the increase. Mr. Cox stated, that as far as recycling, they did not know yet. On refuse, the contract provided for automatic increase and no Council discretion and on extraordinary, he believed some Council discretion, but OK Associates would have to justify it. Ms. Easter brought up other issues which were points during the CR&R negotiations, such as indemnification. She believed OK Associates would be willing to provide, but at an additional cost to the City. Mr. Ognesian stated it would be additional cost to residents. Mr. Cox clarified it was indemnification for fines if they did not meet diversion goals, and apparently OK Associates took the same position as CR&R. Mr. Ognesian stated it was the same position as Hemet. Ms. Easter took the silence of the Council on this issue to mean they were not interested. Mr. Cox indicated the contract for recycling would be prepared as an amendment to the existing contract. At the hour of 10:20 P.M. Councilmember Williams left Council Chambers. Mr. Cox advised he would amend the contract because the recycling issues would affect other parts of the refuse contract. In view of that, were there any other issues Council wished addressed? 2 3 November 29, 1994 Ms. Leahy inquired if it would be appropriate to have Council representatives at the meetings. Mr. Cox stated, if it was the desire of Council they could appoint an ad hoc subcommittee. Councilmembers Leahy and Oaks volunteered to be on the ad hoc subcommittee. Ms. Easter advised there would be several things going on concurrently, noting they would be scheduling the rate setting hearings to formally set rates, and included in the hearing, the delinquency issues and administrative needs. Staff wold also request OK Associates to work with staff to outline the public education program and include in the program of work that it be evaluated annually, with diversions, to be sure the Council would be comfortable with it. Also, following Council direction, that Council wanted to pursue a contingency plan if Agriscape went out of business, what would be done. Felt it was appropriate to work with OK Associates on that and include them in the discussions? Mr. Oaks stated his understanding was that OK Associates would take care of greenwaste the first of the year, that was what he would like to see. Ms. Easter stated that at prior meetings they had discussed some caveats and there was a need to have a rate in place, and doubted OK Associates would pick up without a rate established. Staff would work to set a hearing, probably in January. There would need to be a lot of public education and it may not be immediate, may have to wait until February. Residents needed to understand before starting, to be successful, probably best to start with greenwaste and commingle. Staff would talk to OK Associates and their consultant. Ms. Mckenzie wanted to ask questions. Mr. Hafliger suggested she address them after the meeting. Ms. Leahy commended Bob Wilson for being Community Builders Citizen of the Year. At the hour of 10:25 P.M. Council recessed. At the hour of 10:30 P.M. Council reconvened with all members present except Councilmember Williams. 2 4 November 29, 1994 Ms. Easter requested clarification on one item. Did Council wish to consider smaller containers and a manual operation to reduce cost? Council indicated they would consider a manual collection alternative. Clarification on timing for a contract, staff would try to bring back December 20, 1994. At the hour of 10:32 P.M. Council convened in closed session, with all members present, pursuant to the following: 4.0 CLOSED SESSION 4.1 Conference with Real Property negotiator pursuant to Government code Section 54956.8 Property: Superblock, Area East of San Jacinto St. bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Delgado, Peterson, Kranz, Urick Under Negotiation: Price and terms At the hour of 10:54 P.M. Council reconvened in open session with all members present and announced no reportable action being taken. 5.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 10:56 P.M. Approved Submitted by Henry Hafliger, Mayor Bob Wilson, City Clerk Deputy City Clerk 2 5 ECOMMEN MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY DECEMBER 6, 1994 1 0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order at 7:35 P.M. by Mayor Hafliger in the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Leahy, Oaks, Solorio, Williams and Mayor Hafliger Absent: None A Prayer of Invocation was given by Pastor Gene Leavell The Pledge of Allegiance was led by Mayor Hafliger COUNCIL CONSENSUS to move to item 8.3 on the agenda 8.3 Annual City Council Reorganization Mayor Hafliger turned the meeting over to City Clerk Wilson, who called for nominations for Mayor. Councilmember Leahy nominated Councilmember Solorio Councilmember Oaks nominated Councilmember Hafliger Councilmember Solorio declined nomination. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks to close nominations. Motion carried on a 5-0 vote. Councilmember Hafliger was declared Mayor on a vote of 3-1-1, with Councilmember Solorio dissenting and Councilmember Hafliger abstaining. City Clerk Wilson turned the meeting back to Mayor Hafliger. Mayor Hafliger opened the floor for nominations for Mayor Pro Tern. 1 December 6, 1994 Councilmember Williams nominated Councilmember Solorio Mayor Hafliger nominated Councilmember Williams Councilmember Williams declined nomination. Councilmember Oaks nominated Councilmember Leahy A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks, to close nominations. Motion carried on a 5-0 vote. Councilmember Solorio was declared Mayor Pro Tern on a vote of 3-2 for Solorio and 2-3 for Leahy, with Councilmembers Oaks and Leahy dissenting on Solorio and Councilmembers Solorio, Williams and Mayor Hafliger dissenting on Leahy. At the hour of 7:40 P.M. Council recessed. At the hour of 7:41 P.M. Council reconvened Mayor Hafliger explained his preference for seating arrangements and the reasoning for it. If there were no objections from the Council, it would continue. At that time Councilmembers Solorio and Williams changed seats. 2 0 SPECIAL PRESENTATIONS None 3.0 PUBLIC COMMENTS Walt Stewart spoke regarding the recycling proposal with OK Associates, approved November 29, 1994. Requested that there be a reduction in the monthly cost to the residents for the once weekly refuse collection, and not give the full amount to OK Associates. City Manager Easter advised that staff would be meeting with OK Associates the following week to discuss the issue. Dorothy Gates spoke again on the resident's concerns regarding traffic on De Anza. Due to the excessive speeding, she requested speed limit signs be posted from Lyon to State, both directions and that a two way stop at State and De Anza be made into a four-way stop. If cost was the issue, she would gladly pay for it herself. 2 December 6, 1994 Councilmember Williams inquired if she had met with staff following the last meeting? Ms. Gates indicated she did, and was advised the matter was on the agenda. City Manager Easter advised there was an update on the matter under item 7.2 of the agenda. Rick Thomsen spoke as one of the sponsors of the Tinsel Triathelon, and thanked the City for their participation. Hoped to make the event an annual one, which would benefit the City. At the hour of 7:50 P.M. convened the Redevelopment Agency in joint session with the City Council for the following items: 4.0 REDEVELOPMENT AGENCY/FINANCING AUTHORITY 4.1 ADVERTISED PUBLIC HEARING - San Jacinto and Soboba Redevelopment Implementation Plans, and the Housing Compliance Plan Community Development Director McNabb made a presentation as contained in the staff report on file with the Secretary. In response to Council inquiries, advised the Project Area Committee was not involved once the plan was adopted. In response to Council, advised that the Five Corners signalization could be added on Page 6, if desired by the Agency. A MOTION was made by Agency Member Leahy. seconded by Agency Member Oaks to amend the plan to include Five Corners signalization. Motion carried on a 5-0 vote. President Hafliger opened the public hearing. Ken Brass voiced concern regarding the posted notice for the hearing. Based on his understanding of the redevelopment program, clarified if it was correct, as well as the amounts and base year. Inquired how the City intended to fund the bridge? 3 December 6, 1994 Mr. McNabb indicated Mr. Brass was correct on his understanding. Although he did not have all the information requested, the projected revenue for 94/95 was $150,000. Further, the City had, and would continue to, pursue all available funding sources for the bridge. The City could look at selling bonds. Executive Director Easter clarified that currently there were insufficient funds in the Mello Roos to pay bond service. The City had applied for grants, which were still pending. The modest improvements were done along Lake Park Drive in the interim, to prevent flooding, since the full improvements would be some time in coming. Mr. McNabb advised the matter would be reviewed annually at budget time, to see if cash flow would be sufficient to complete the project. In response to Mr. Brassprior questions pertaining to the use of RDA funds, stated they could be used only for affordable housing. Mr. Brass thanked the Agency for the interim improvements and reported they were proceeding well. There being no other speakers wishing to present testimony, President Hafliger closed the public hearing. Mr. McNabb, in response to Agency inquiries, confirmed the tax increments were subject to pass throughs, to other agencies such as the schools, and the result was approximately 40% to the City. Public Works Director Evans, in response to Agency inquiries, advised that staff had applied for federal funding, following the serious storms of 1993. At that time the Soboba Indians provided letters of support, that being the only support they were able to provide. Perhaps if a major portion of the funding were generated, the Indian Band may want to participate. A MOTION was made by Agency Member Leahy, seconded by Agency Member Solorio, to approve the plans as amended. Motion carried on a 5-0 vote. 4.2 Inland Empire Marketing Program 4 December 6, 1994 Candace Cassell made a presentation as contained in the staff report on file with the Secretary. Suggested if more specific details were needed, the Director of IEEP would be present later during the meeting. In response to Agency inquiries regarding the means of measuring effectiveness of the program, she advised it could be determined by the number of leads achieved, and their quality rather than quantity. Further, outlined the target areas to market and the need to identify the local area separately from the Los Angeles Metropolitan area. Staff addressed Agency concerns with regard to past poor performance, and the city's prior dropping of membership. Explained the new direction the IEEP was taking in marketing the local areas and not just the larger, more predominant places. Emphasis would be on educating businesses interested in relocating, on the alternatives to moving out of state. They would also encourage tourism and the film industry, which to date had been successful. Recently there had been several leads per month on the film industry. President Hafliger pointed out the success achieved by attendance at the Annual Shopping Center Conference, and the improved name recognition for the City. Also pointed out the need to attract business and industry to help generate the necessary funding for projects like the Soboba Springs Bridge, discussed under item 4.1 of the agenda. Executive Director Easter clarified the City needed a full program for economic development, including such avenues as the IEEP and Russ Beckner. In the broad sense, to make businesses aware of the Inland Empire, and to work with commercial brokers and make contacts, both opportunities were needed. AGENCY CONSENSUS to consider the matter later in the meeting when the IEEP Director would be present to respond more fully to questions. At the hour of 8:39 adjourned the Redevelopment Agency and continued acting in the capacity as the City Council for the remainder of the agenda. 5.0 CONSENT CALENDAR Mayor Hafliger requested that items 5.5 and 5.6 be pulled for separate consideration. 5 December 6, 1994 A MOTION was made by Councilmember Oaks, seconded by Councilmember Solorio, to approve the consent calendar as presented, with the exception of items 5.5 and 5.6. Motion carried on a 5-0 vote. 5.1 Minutes - Regular Meeting of November 1, 1994 Approved the minutes for the Regular Meeting of November 1, 1994, as presented. 5.2 Minutes of Special Meeting of November 8, 1994 Approved the minutes of the Special Meeting of November 8, 1994, as presented. ' 5.3 Warrant Register Approved warrant numbers 38933 through 39120, dated November 30, 1994, in the amount of $514,887.68, and Payroll check numbers 4057 through 4148, dated November 10, 1994. 5.4 Adoption of Ordinance Regarding Fire Hazard Severity Zones Waived the reading in full and read by title only and adopted Ordinance No. 1005 regarding Fire Hazard Severity Zones. ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY OF SAN JACINTO REQUIRING THE FIRE CHIEF TO DESIGNATE VERY HIGH FIRE SEVERITY ZONES 5.5 Resolution Establishing Policy for the Maintenance of Sewer Laterals Removed for separate consideration. 5.6 Amendment of Landscape Maintenance Contract - Excel Landscape Removed for separate consideration. 5.7 Award of Bid - Esplanade Water Line & Street Widening Awarded the bid for the Esplanade Avenue Water Line and Street Widening to Nottson Construction, Inc., for $224,186.00 and authorized the Mayor to execute the appropriate contract on behalf of the City. 6 December 6. 1994 5.8 Final Map - Tract 26427-1 (TMP Land Mortgage) Location: Rancho San Jacinto Phase II - North side of Washington Avenue, between Beringer Drive and Meridian Street Approved the final map and authorized the Mayor to execute the map for recordation. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATION CONSIDERATION: 5.5 Resolution Establishing Policy for the Maintenance of Sewer Laterals Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. Explained that staff lacked the necessary equipment and man hours to do many of the jobs which were not the responsibility of the City. Further, due to the severe lack of funding for plugged sewers resulting from negligent property owner actions, and the ability to bill and collect for such repairs. It was suggested that property owners call on private vendors for repairs. Mr. Evans pointed out it was much more cost effective and efficient for property owners to contact private businesses to have the work completed. In cases where there was City responsibility, property owners could file claims to recover the cost from the City. Emphasized the difficulty and cost for collections for the City. Clarified that most problems occurred in the older sections of town, where clean outs did not exist. Council concerns: 1. That the City had the burden of responsibility and to do less would be placing the burden on the property owner and cutting back on the services provided. Suggested that clean outs be installed, where none exist, when work was performed, to minimize repairs in the future. 2. Feeling that if the problem existed within the right-of-way, it would be a City responsibility. If it were a property owner responsibility, the cost could be placed on the water or tax bill. 3. Suggested that the City contract with a private vendor to perform the work with payment to come from the responsible party. 4. The concerns were no different than other public utility. 5. City should take responsibility and if that responsibility turned out to be that of the property owner, then they could be billed for the service. 7 December 6, 1994 City Manager Easter clarified the direction she was hearing from Council, as they would like a policy brought back establishing responsibility for the City to maintain sewer laterals. Inquired, to what point? Mayor Hafliger suggested the Council take a hard look at playing big brother. Historically sewer lines had been the responsibility of property owners from the street to the connection and he was hearing conflicting statements. Statements that the City was losing money and yet, proposing a plan that somebody would have to pay for. Perhaps there could be a small tax placed on all citizens to pay for property owners sewer problems. Now it was proposed that the City take over maintenance of sewer lines from the lateral to the house and he was not sure the City wanted to do that. Mr. Oaks clarified responsibility would be from the property line to the sewer line. Mr. Hafliger stated that was what staff proposed. Mr. Williams thought the proposal did not say specifically, there was no distinction and indication who was responsible. It did say, it was a problem to just go in and take care of it and bill the property owners. Mr. Hafliger thought the problem was when property owners did their own work. Mr. Evans stated he would like to come back and propose in the future, when lines were blocked, the City have several local firms willing to respond on a time and materials basis. If it was in the City right-of-way, City would incur the cost. If it was determined to be on the property owners side, the City would attempt to recover from them. Also, that clean outs be installed at the same time the work was done. Mr. Oaks inquired if RDA funds could be used for the cleanouts? Mr. McNabb indicated they could, to the extent that housing funds were to benefit low or moderate income housing. Funds could be used for rehabilitation, restoration, or for the creation of new housing opportunities. Rick Thomsen stated, that although the issue did not affect him, he was concerned about the precedent being set for other utilities, i.e., storm drains in the right-of-ways. It could suddenly become the responsibility of property owners. Suggested if a policy were adopted, notices should be sent via the utility bills. 8 December 6, 1994 COUNCIL CONSENSUS to table the matter and direct staff to bring back a policy. 5.6 Amendment of Landscape Maintenance Contract - Excel Landscape Russell Cunnius asked if there was a representative of Excel Landscape present? Inquired if it was the same contractor or a new one? City Manager Easter explained the landscaping was installed by a private company and maintained for an initial period of time. However, it had transitioned to the City for maintenance. Mr. Cunnius felt it was not being maintained and presented pictures of the problems he saw. Stated he had called in complaints. At first they were responded to, but then his call of three weeks ago still had gone unanswered. Mr. Evans stated staff would look into the matter. In response to Council, stated the contract would take affect immediately upon approval. Further, staff had been satisfied with the contractor's performance to date. Explained that landscaping expenses were spread city-wide and any savings would go to off set other costs, or result in an adjustment to the assessment. Staff would be reporting back in January on the status of the rebate program. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to amend the contract with Excel Landscape for landscape maintenance to include the maintenance of the new Las Brisas landscaping, on Ramona Expressway, for an annual fee of $5,700.00. Motion carried on a 5-0 vote. COUNCIL CONSENSUS to return to item 4.2 on the agenda. and reconvened the Redevelopment Agency. 4.2 Inland Empire Marketing Program John Husing, Director of IEEP, explained the background of their program and the goal to establish an identity for the region. The three areas of concern were, increasing the number of companies relocating to the area, increase film production locally, and increase tourism. Explained how the unified effort would help with bond ratings through their plans to target 9 December 6, 1994 financial institutions. Pointed out the overall size, economically, of both Riverside and San Bernardino Counties, being equivalent to the state of Kansas. They were targeting specific company sizes, those with 10-50 employees and those with 50-300 employees, and each of their specific needs. By joining forces, the numbers would make the area more competitive with Orange and Los Angeles Counties. Clarified there would be audits and all funding would be accounted for. Mr. Husing, in response to the Agency, advised he was not optimistic about having the region separated from the other counties on the issues of air quality, but they could have some influence on that. Felt if the Speaker of the House changed, there might be opportunities to lobby the state legislature to make laws more competitive. Stated in the past, the organization had not been as effective. However, with the philosophical changes there was a better understanding of the municipalities. Knew if they used public funds it was incumbent upon them to bring specific deliverables. Each local area felt they were lacking attention, but the leads would go to the areas most likely to meet the needs of the interested businesses. With a two county population of 9.2 million, there was a need for an advocate of the region. Felt they would have their 85% commitment and the goal was for 100% participation within both counties. Agency concern there would be a need to promote the area heavily once the dam was built, but the City specifically needed to obtain name recognition. A MOTION was made by Agency Member Leahy, seconded by Agency Member Oaks to authorize staff to enter into an agreement with the Inland Empire Economic Partnership (IEEP) for the development and implementation of the Inland Empire Marketing Program as attached, and authorize disbursement of $2,832 for the City's involvement in the regional effort. This participation will be for fiscal year 1994-95. Motion carried on a 5-0 vote. Executive Director Easter inquired if the Agency would like Mr. Husing's perspective on the economy? Mr. Husing stated he had been an economist for thirty years, and had seen recovery with jobs up by 13,000 as compared to Orange County, who gained 500 businesses and lost 34,400 jobs. Felt growth would accelerate next year and be driven by small manufacturing and 10 December 6, 1994 transportation, with construction to follow. Thought most development would be on the western edges of the counties. As those locations became scarce, there would be a search spread inland. At the hour of 9:21 P.M. Council recessed, while the Redevelopment Agency adjourned. At the hour of 9:35 P.M. Council reconvened with all members present. COUNCIL CONSENSUS to move to item 7.4 on the agenda. 7.4 HOME Grant Application - Affordable Senior Apartments Location: Rancho San Jacinto (90 Units) Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk, Explained the fee waiver would amount to about $100,000, and the ordinance would sunset in 1995. Handed out a schedule of events. Explained the federal law pertaining to senior housing, and the inherent problems with the changing of the rules and regulations of the system. Further, a public hearing was not required because one was conducted on the CUP. The deadline for the application was December 12, 1994, and the one time only extension would expire December 31, 1994. If those deadlines were not met, the project would have to start all over. Councilmember Leahy stated the Chair of the Senior Committee of the Valley expected, by the end of January, 1995, the rules would be spelled out more specifically. Jim Silverwood, Applicant, provided some history on the project. Stated they were not proposing any additional phases on the site because a market demand did not exist for more. The earliest they anticipated a demand would be two years. They proposed to process the actual parcel map and divide it from the other units. So long as it was in conformance, it could be accomplished later. They would make it a stand alone project. Had met with neighboring residents and wanted to address their concerns. If approved by the County, they would apply to the California Tax Credit Allocation Board, with a March 10, 1995 deadline. It was not just an administrative, but a competitive process. The prior year, of 125 applications submitted, only 50 were approved. There would be no 11 December 6, 1994 funding from HUD but they would have to meet the Fair Housing Act for an exemption for Senior Housing. If approved, they then had a commodity to sell to infuse capital to build the project. Typically, 50% of the project costs would be derived from the sale of tax credits. These were not highly leverage projects and had a lot of funds at risk. Investors would receive the credits back if owned for fifteen years. If they fell out of conformance, they would lose the credits, resulting in a loss of millions. That was an important aspect to take into consideration when addressing the adequacy of funds for maintenance. They would work with a national management company with strict procedures. Regarding the concerns on age limits being amended, he stated it could not happen due to the strict regulations and monitoring. There would be annual audits, as well as the state audit every 4-5 years, and the right of the county and local entities to monitor. There would be a binding agreement to restrict the housing to only seniors. They would be willing to record such an agreement to run with the property, and detail the age group, income level and actual rents. There would be no exemption from the Mello Roos. They would pay the taxes during construction and the Mello Roos in lump sum. The positive side of the project was it would allow the City high leverage, matching funds from the RDA, and fee deferrals. It would provide senior housing and the economic impact would be in excess of $4 million to the local economy, with impact fees and construction. Bob Zambon advised there would be a Senior Housing Protection Committee meeting December 8, 1994, at 1:00 P.M. Based on his experience, he was neither for or against the project. The success depended upon the management. Suggested the site plan be reviewed for accuracy, because he did not agree with the layout. Also felt it needed to be reviewed for potential community benefits. He did not understand why the budget showed no real estate taxes being paid out of operating expenses? Mike Caldwell had met earlier with Mr. Silverwood, and speaking personally, he could agree only with the guarantee of the senior restrictions remaining in perpetuity. Felt it was important to develop housing opportunities for the seniors. He was disappointed that, although a public hearing was not required, neighboring residents were not notified. Rick Thomsen deferred his time. 12 December 6, 1994 Allan Hacker stated his concern was, that the matter came up suddenly, with action being needed by next week. That was not sufficient time to review what had to be done. Not that it meant it was negative, it just caused red flags and concerns to be raised. Suggested Council look closely before making a decision, and if necessary delay action. Artis Lowenberg stated she was not opposed when the CUP was approved, but now the circumstances were different. Her concern was the senior status, which she would not be opposed to. She was not aware of any guarantee that the senior limitation could not be broken. Concerned whether it would meet ADA compliance, as an example, for the two story with no elevator. Would the kitchens and baths comply with ADA? Inquired if there was litigation with the RDA, how would it affect the project? What about a traffic study? Now there was the Superblock, which would also impact traffic and the seniors. Suggested the matter be tabled until issues were resolved and questions answered. Fred Rodriguez stated that although supportive of rights and needs of seniors, he was concerned about the other 20% of the housing not required to be senior. Also concerned with the fact that HUD could change the rules and the makeup of the neighborhood. Jim Conner was opposed to what he felt was a piece meal project. He came home one evening and found a superblock right next door and he viewed that as a cancer on the community. Suggested that redevelopment be taken out to Sanderson or Warren Road, but not on Hewitt and Esplanade. Identified what he felt was a disproportionate share of housing size versus the overall lot size, and the lack of space for amenities. Would like the company investigated. Felt someone should review the revenue projections, $0 tax, and proposed rentals for $400, when such units currently went for $300 or less. Felt the revenues and expenses were unrealistic, and there was too much emphasis on rushing the project through. Hoped Council would do the right thing. Mr. McNabb, in responding to inquiries, advised that a public hearing was previously conducted on the project. Even as designed, the project would have to meet ADA requirements, including the most restrictive state requirements for the handicapped, including elevators if required. The same thing would apply to kitchens and bathrooms, if required. The majority of units, however, had ground floor access. There would be covenants to run with the property to meet redevelopment requirements, 13 December 6, 1994 and an agreement would have to be negotiated on the age and income restrictions. Discussions on the project began a month ago, and due to the complications of the application process and the shortness of the deadlines, it could not be placed on the agenda until the present time. Apologized for not getting notice in the Rancho San Jacinto newsletter. As for the Senior Status, it would be defined by federal law and there were no guarantees in this case. The RDA litigation would have no effect on the project, it was a different area. The project would be conditioned for a traffic study and no left turns from the project on Hewitt, unless the study showed it would be safe, and it would take into consideration the Superblock. HUD would not be involved unless there was a complaint filed, which could be the case in any housing project. The intent was for 100% seniors, however the law specifically states 80% was required. The entire 298 units had always been discussed as being phased, and the issue would really be market driven. It had never been presented as anything other than apartments. In response to Council, stated the extension was granted administratively, and only one extension could be granted. Mr. Silverwood stated the project would have to meet ADA requirements, whether it was a senior project or not. Through a complicated formula, about 50% would have to be handicapped accessible. The plans were within the constraints of the Planning Department. The goal was to use the current approvals, which could be modified and fell within substantial conformance. Increasing the size would not necessarily make it more marketable, just increase construction cost. The tax projections were based on seeking tax exemption after construction, and would not affect the Mello Roos, The Mello Roos would be paid in a lump sum. If the tax exemption were a problem, it could be calculated to make the property feasible. Mr. Silverwood, in response to Council, stated the federal government determined what qualified as senior housing. That was established by the available services, facilities and the market. As for the vacancies, the tax allocation guidelines would require they be marketed to seniors. Council concerns: 1. That the matter be held until all questions could be answered and an assurance the units would not be challenged under the Fair 14 December 6, 1994 Housing Rules, i.e., when the new rules were established. Thought it pointless until then. Concerned with senior housing upstairs and the limited mobility for seniors. Concerned about the traffic movements at the location. Facilities to be provided were unclear. 2. Feeling there was too much at stake to be rushing. Concerned about the senior zoning in light of the Riverside County litigation on the matter. Would rather have the benefit of new regulations prior to approval, to assure it would truly be for seniors. There were special fixtures needed to qualify the whole project for seniors. With all the ambiguity of the actual requirements, if it were challenged, a ruling could be made, that it did not qualify. Could a temporary extension be granted? Staff indicated it could not, unless the City ordinance were changed. 3. Not supportive based on the timing of the request alone. Concerned the source of funds showed a total of $6.3 million and the cost to develop was $6.3 million. Not supportive of spending City funds of $216,000 so the developer could make $900,000, thereby taking advantage of the community's money. Would like to focus on retaining commercial development and other projects, which the City would see a return on their investment. Felt it was hard to justify the developer making a million with the city giving 25%. Inquired if an analysis had been done to determine the impact to emergency services. Applicant indicated one had not been done. Wanted to know how the revenue and expenses were determined and what benchmark was used to determine the rental fees, which seemed high. Applicant stated the rents were based on the County median income. Concerned the absorption rate was high. Applicant advised they had done a preliminary market study. Based on that, they had scaled back the project from 120 units to 90. Mayor Hafliger suggested, since it did not appear the project would be approved, that Council ask staff to work with the builder, or Council could go on asking questions all evening and go nowhere. 15 December 6, 1994 A MOTION was made by Councilmember Solorio, seconded by Councilmember Leahy, to deny the request support a HOME Grant application because of the suddenness. Council would like a project to stand on its own merits and suggested the applicant apply for a new CUP. Suggestion was made to amend the motion to direct staff to work with the developer on another proposal. It was noted the time constraints were prohibitive. It would make no sense to come back with a totally new project and try to get waivers and extensions for the CUP itself. Amendment not accepted. Vote to approve the original motion carried on a 5-0 vote. COUNCIL CONSENSUS to proceed with public hearings. 6.0 PUBLIC HEARINGS 6.1 ADVERTISED - Adoption of the City of San Jacinto Final Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), and Non -disposal Facility Element (NDFE). Joyce Marshall, WRCOG, made a presentation as contained in the staff report on file with the City Clerk. Recommended the first four pages of Volume 1 be deleted prior to adoption. In response to Council inquiries, advised the citizens had paid for the documents back in 1992, which were boiler plate; and obtained at a bargain cost. Mayor Hafliger opened the hearing. There being no speakers wishing to present testimony, Mayor Hafliger closed the public hearing. A MOTION was made by Councilmember Leahy, seconded by Councilmember Oaks, to adopt a negative declaration; adopt Resolution No. 2233 adopting a Source Reduction and Recycling Element (SRRE) pursuant to the California Integrated Waste Management Act of 1989; adopt Resolution No. 2234 adopting a Household Hazardous Waste Element (HHWE) pursuant to the California Integrated Waste Management Act of 1989; adopt Resolution No. 2235 adopting the Non Disposal Facility Element (NDFE); and petition the state for 1990 diversion credit for excluded waste. Motion carried on a 5-0 vote. 16 December 6, 1994 RESOLUTION NO. 2233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING A SOURCE REDUCTION AND RECYCLING ELEMENT PURSUANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 RESOLUTION NO. 2234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING A HOUSEHOLD HAZARDOUS WASTE ELEMENT PURSUANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 RESOLUTION NO. 2235 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING THE NON -DISPOSAL FACILITY ELEMENT 6.2 UNADVERTISED - Introduction of Ordinance Amending San Jacinto Redevelopment Plan Time Limitations Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. A MOTION was made by Councilmember Solorio, seconded by Councilmember Oaks, to waive the reading in full and read by title only, and introduce Ordinance No. regarding San Jacinto Redevelopment Plan Time Limitations. Motion carried on a 5-0 vote. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING THE REDEVELOPMENT PLAN FOR THE SAN JACINTO REDEVELOPMENT PLAN FOR THE SAN JACINTO REDEVELOPMENT PROJECT IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6 17 December 6, 1994 6.3 UNADVERTISED - Introduction of Ordinance Amending Code Relating To Establishment of Underground Utility Districts Community Development Director McNabb made a presentation as contained in the staff report on file with the City Clerk. A MOTION was made by Councilmember Leahy, seconded by Councilmember Solorio, to waive the reading in full and read by title and introduce Ordinance No. regarding underground utility districts. Motion carried on a 5-0 vote. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING CHAPTER 12.288 OF THE SAN JACINTO MUNICIPAL CODE PERTAINING TO UNDERGROUND UTILITY DISTRICTS 7.0 CITY DEPARTMENTS 7.1 Esplanade Avenue Railroad Crossing Status Report Public Works Director Evans had no additional information to provide. COUNCIL CONSENSUS to receive and file the report. 7.2 Update on Complaint of Traffic Problems on De Anza COUNCIL CONSENSUS to receive and file the report. 7.3 Vosburg Update COUNCIL CONSENSUS to receive and file the report. 7.4 HOME Grant Application - Affordable Senior Apartments Location: Rancho San Jacinto (90 Units) Considered earlier on the agenda. 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 Selection of Representative to Ramona Pageant Advisory Committee 18 December 6, 1994 Mayor Hafliger nominated Councilmember Oaks. Councilmember Leahy suggested there be two representatives. City Manager Easter stated there could be an alternate, but it was unlikely they would meet even once a month. COUNCIL CONSENSUS to select Councilmember Oaks as the representative. 8.2 Deregulation and Direct Access - Proposed Policy B.R. Hicks, Southern California Edison (SCE), advised the Public Utilities Commission (PUC) planned to deliver energy from investor owned utilities to achieve lower cost to customers. They proposed that energy markets, large or small, should have a choice of suppliers and reduced cost. SCE believed they were competitive in the market with pooled companies and not all suppliers should be wholesalers. That would call for energy brokers to introduce new producers. Suggestions would be heard during PUC public hearings in early 1995. SCE would like a level playing field and compete with other suppliers who would be required to meet the same state requirements. The costs would then reflect the same mandates. SCE was concerned with proposals limiting customer choice. If one examined the Palm Springs proposal, it actually limits customer choice. Thought it would be in San Jacinto's best interest to review other proposals and compare. SCE would be happy to make others available, or meet with staff to discuss the issues. Mr. Hicks, in response to Council inquiries, suggested the City may want to wait for the dust to settle before considering a position on any proposal. Council suggestion that it was a complicated issue and perhaps, with the lack of information and an already over burdened staff, should allow the PUC to sort it out. Mr. Hicks clarified for Council, that the utilities out of state did not have the air quality control requirements that California did, which made a huge difference in cost, as well as the facility qualifying requirements. They were also required to utilize other power sources, such as in the San Gorgonio pass. SCE was forced to purchase energy from them and pay 19 December 6, 1994 more per kilowatt hour, and those costs were passed on to the consumer. That one factor meant SCE did not make anything on it. Finally, in other states, regional entities were not required to pay taxes, which in San Jacinto, that was a major contributor to the general fund. Council comment that power provided elsewhere did not have the continuity, resulting in brown outs. Most were run by coops with antiquated transmission lines, which would increase costs when replacementwas needed. City Manager Easter noted that the concern regarding air quality and the linking of Los Angeles with Inland Empire, as noted during the IEEP discussions, was also a concern she suggested that WRCOG pursue. Mayor Hafliger related the benefits of a recent seminar attended. Ms. Easter indicated there would be a presentation on that seminar upcoming. Councilmember Williams advised he would be stepping down as the WRCOG representative. Councilmember Leahy requested that Council send a letter to the Board of Supervisors, regarding providing raises to top executives, comparable to Orange County, in light of the announcement of Orange County's bankruptcy. Councilmember Williams felt there was no connection in the Orange County situation and the San Bernardino County issues. Felt it would not be wise to have less competent individuals than the private market, and it was not a position the Council should be taking. Suggested that individuals could take their own personal positions. Ms. Leahy inquired if that personal position could be stated on City stationery? Mayor Hafliger advised that personal opinions should not be given in a manner which would imply consent from the Council. Staff advised, pursuant to Council's rules and procedures, that review and appointment to Council subcommittees and representative positions, such as WRCOG, would come back at the next meeting. 20 December 6, 1994 Councilm ember Leahy stated, that although she would not be going for re- election in November, she would like to suggest the Mayoral appointment be on a rotational basis. Felt it was an effective way to select the Mayor. Would like to look at adopting that system for the next time. Mayor Hafliger equated the Mayor position to that of running a $5 million business. Suggested that one would not see a company like GM rotate their Chairman. Felt there was no other way, when that individual was suppose to be the spokesperson for the Council. If the City went by rotation, and the other four were opposed, not sure that would be a representative spokesperson. 8.3 Annual City Council Reorganization Considered earlier on the agenda. At the hour of 11:25 P.M. Council convened in closed session, with all members present, pursuant to the following: 9.0 CLOSED SESSION 9.1 Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Agency Negotiator: Cox, Kreisler Employee Organization: San Jacinto Police OfficersAssociation, Public Employees of Riverside County (PERC) 9.2 Conference with Real Property negotiator pursuant to Government Code Section 54956.8 Property: Superblock, Area East of San Jacinto St, bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Gorman, Delgado, Peterson, Kranz, Urick Under Negotiation: Price and terms. 9.3 Conference with Legal Counsel, Anticipated Litigation, Initiation of Litigation, pursuant to Government Code Section 54956.9(c) - 12 cases At the hour of 11:25 P.M. Council reconvened in open session with all members present and announced no reportable action being taken. 21 December 6, 1994 10.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 11:26 P.M. Submitted by Approved Bob Wilson, City Clerk Deputy City Clerk Henry Hafliger, Mayor 22 ... • STAFF REPORT TO: Mayor and City Council FROM: Anna A. Vega, Finance Director Via Pamela S. Easter, City Manager SUBJECT: Appnwal of Register of Audited Demands and Payroll Checks DATE: December 20, 1994 RECOMMENDATION Approve warrant numbers 39121 through 39241 dated December 15, 1994 in the amount of $2,429,683.65 and Payroll check numbers 4149 through 4244 dated November 23, 1994. • SUMMARY A listing of accounts payable warrants is attached for your review and approval. 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F'REF'AhF 1.1 12 4. 16: ,_.4S City of San into 3 rROGcAri Grt313U — - -- 19 1 2 GROUP NUMBER : 00141 ACCOUNTS PAYABLE 12/15/94 3 -- 4 ACLOUNTINb F�f_.rcIVD/TtHr.: 06/199n 5 GROUP USER ANNE. 6 6 0 TRANSO TRANS DATE VOUCHER BK ACCOUNT NUMBER F'ROJ P.O. VENDOR VENDOR NAME . INVOICE NUMBER AMOUNT 11 12 -I lit.SuRTPTIt_1N y_. _ _ DUE DATE_ irCK; CHF:Cf\ nnTe- TYFF_ LAST TRANS 3 14 15 t6 Ti 100 12/07/1994 00245E 00 065-0000-201.08-64 0000257 CURRY COPY CENTER 37350 444.12 CARDS-FIRE DEPARTMENT REIMBURSED BY MAYOR 12/15/1994 0000000 N • 19 20 200 12/0.7/1994 002459 00 010-2500-425.30-90 0001683 T.iMO AND ASSOCIATES 1 1.000.00 22 CONSULTING SERVICE SB90 CLAIMS 12/15/1994 0000000 N 23 24 300 12/07/1994 002460 00 010-3200-431.33-30 0000304 DYNA MED INC. 788743 21.34 • 26 DIAGNOSTIC PENLIGHTS FIRE DEPARTMENT 12/15/1994 0000000 N 27 ---- - ---- ---- 26 400 12/07/1994 002461 00 019--3100--431.33•-50 0001684 GOSCH FORD 84330 1.20.17 30 FLOOR MATS-•-F'OL.ICE DEPT. 12/15/1994 0000000 N 31 32 33 500 12/07/1994 002462 00 010-3100-431.21-35 0001685 MAO INSTRUMENTS 701810 445.90 34 BATTERY PACKS POLICE DEPARTMENT 12/15/1994 0000000 N 35 36 37 600 12/07/1994 002463 00 019-3100-431.33-50 0000769 NORTON BATTERY MFG. CO. 52715 116.3.7 36 REPLACED BATTERY-UNIT 112 POLICE DEPARTMENT 12/15/1994 0000000 N 39 40 "- ------ 41 700 12/07/1994 002464 00 010-3100-431.21-10 0000883 RIVERSIDE COUNTY SUPPLY 180032 19.53 +2 OFFICE SUPPLIES POLICE DEPARTMENT 12/15/1994 0000000 N 43 44 45 000 12/07/1994 002465 00 010-7400•-425.21--10 0000883 RIVERSIDE COUNTY SUPPLY 180103 6.10 46 OFFICE SUPPLIES COMMUNITY CENTER 12/15/1994 0000000 N 47 48 49 900 12/07/1994 002466 00 010-7400-425.33-10 0000883 RIVERSIDE COUNTY SUPPLY 180103 67.39 5o JANITORIAL SUPPLIES COMMUNITY CENTER 12/15/1994 0000000 N 51 52 53 1000 12/07/1994 002467 00 019-3200-431.33-50 0001365 SIGTRONICS 43183 190.27 54 REPAIR HEADSETS FIRE DEPARTMENT 12/15/1994 0000000 N 55 56 57 1100 12/07/1994 002468 00 010-3200-431.30-90 0001686 UNDERWRITERS LABORATORIES LA941170 288.00 ss GROUND LADDER TESTING FIRE DEPARTMENT 12/15/1994 0000000 N S9 61 1200 12/07/1994 002469 00 024-•4150-•410.34-50 0000311 ZUMAR INDUSTRIES, INC. 30804 1,244.51 62 ALUMINUM BLANKS PUBLIC WORKS-STREET MAINT 12/15/1994 0000000 N 63 64 1300 12/08/1994 002477 00 010-3200-431.33-10 0000883 RIVERSIDE COUNTY SUPPLY 180101 6.83 66 OFFICE SUPPLIES FIRE DEPARTMENT 12/15/1994 0000000 N 67 -- -- ----- - - -._..- ----... 66 69 70 GROUP TOTALS 71 72 73 COUNT; 13 74 AMOUNT: 3.970.53 75 - N • • • • - • . 0 - N n1 • "i"O P 2!- ' • NIN N N `41 �1 m T m m M m 1; * m O Y Q Q • O N v < 11 Q N NIN 3 N J•iN N 3; VG O N 3 b * 1.' 3P O - n • f YI '• A 0p 0 M) O O O l 0 O O O O O 0 O ' I- I) in •0 O O O 8 10 0 10 0 0 0 c 0 7� • n 0 in O I• • • N Q in N N • n n • n • n n • O .•I '0 N N N N N N •0 Cv ' IN N .. 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O O O , 3 3 3 i it 0. - I - I I I I IlkPREPARED 12 4. 16:52:45 City of Sa c i nto 0:. 11 r-Routoot t0M.513lJ TE LIST - REf'tirl- NUMESEft --.- '15 2 GROUP' NUMBED 2 00150 ACCOUNTS PAYABLE 12/15/94 7 4 raCCC)l1N'T'ING Y`F .SOD/YEAR: L6/1.99 6 CROUP USER ANNT. 6 7 a I- ....om+�r................_.o.a..o..,.,,.��.A.o..:r�.....-.a�m+��..-,.,o...mm.e,v......,..vv ' 9. IA TRANSt TRANS DATE VOUCHER BK ACCOUNT NUMBER F'ROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER AMOUNT " DESCRIPTION 1 - DESCRIPTION 2 DUE' DATE ----- -emECt 1 CHECK DATE'=TYPE LAST TRANS-- -- 1--_ 3 14 ._.-..-.--.-.....-......._.--..-......-..-...-----..-........-.-..--.-._.....----....-..--..._._..-........-__-...-..-._-.._-.........-..........-..-.--..-..-•--_..-.-.--.---...--.....-•---.-.-..-._.._-.-..-.......-..-.-_.-.-..-._.......-..__...-..-.-..---.._..-..-..-....--..--..-.._.-._..._.-.--.-..-.........----.-......._..-•_--._.. 15 16 17 100 12/12/1994 002596 00 010-3100-431.21-13 0001099 AVL ANIMAL HOSPITAL STMT 224.21 16 DOG FOOD & VET FOR REX POLICE DEPARTMENT 12/15/1994 0000000 N 19 20 21 200 12/12/1994 002597 00 050-9000-450.33-•30 0000924 ALL PURE CHEMICAL_ 21697 791.64 22 CHLORINE CYLINDERS WATER DEPARTMENT 12/15/1994 0000000 N 21 24 23 300 12/12/1994 002590 00 050•-9000--450.33-30 0000924 ALL PURE CHEMICAL 21.805 1,739.55 26 CHLORINE CYLINDERS WATER DEPARTMENT 12/15/1994 0000000 N 21 400 12/12/1994 002599 00 010--3100--431.31--25 0001399 ALL TRIPS -N'-' THINOS REQ 104.00 30 AIRFARE:-HARDING POST REIMBURSABLE 12/15/1994 0000000 N 31 32 i 33 'I 500 12/12/1994 002600 00 024-4150-410.34--50 0000931 AL'S KUBOTA TRACTOR LAWNM 9723 2.2.50 34 OIL-PUBLIC WORKS 12/15/1994 0000000 N 35 36 31 400 12/12/1994 002601 00 025' 7252-410.33-30 0000985 B & W FIFE & SUPPLY STMT. 46.64 36 PIPE & SUPFL.IE5 12/15/1994 0000000 N 39 40 41 7U0 12/12/1994 002602 00 02`J-r255 410.33-30 0000985 B & W PIPE & SUPPLY STMT. 121..64 42 - PIPE & SUPPLIES 12/15/1994 0000000 N Al t. 44 000 12/12/1994 002603 00 050-9000-450.33-30 0000949 E.S. BABCOCK & SONS 2951 24.00 16 BACTERIAL ANALYSIS WATER DEPARTMENT 12/15/1994 0000000 N 4' 46 900 12/12/1994 002604 00 050-9000-•450.33-30 0000949 E.S. BABCOCK & SONS 17893 40.00 50 BACTERIAL ANALYSIS WATER DEPARTMENT 12/15/1994 0000000 N 51 52 1000 12/12/1994 002605 00 050-9000-450.33-30 0000949 E.S. BABCOCK & SONS 17894 20.00 54 BACTERIAL ANALYSIS WATER DEPARTMENT 12/15/1994 0000000 N S5 56 -- - - 57 1100 12/12/1994 002606 00 050-9000-450.33-30 0000949 E.S. BABCOCK & SONS 2954 44.00 se BACTERIAL ANALYSIS WATER DEPARTMENT 12/15/1994 0000000 N 59 60 61 1200 12/12/1994 002607 00 010•-3100•••431.31--25 0000953 BARRY BACKL.UND REQ 460.00 62 VIDEO WORKSHOP POST REIMBURSABLE 12/15/1994 0000000 N B3 64 65 1300 12/12/1994 002608 00 010-3100-431.30-16 0001.688 CBIA REQ 20.00 66 MEMBERSHIP DUES POLICE DEPARTMENT 12/15/1994 0000000 N "' 66 - - - 69 1400 12/12/1994 002609 00 010-3100-431.31-25 0000179 CPOA REQ 77.00 70 USE OF FORCE COURSE POST REIMBURSABLE 12/15/1994 0000000 N 11 12 1500 12/12/1994 002610 00 010-1210-412.30-90 0001182 STATE OF CALIFORNIA 970490 420.00 /4 FINGERPRINT APPLICANTS POLICE DEPARTMENT 12/15/1994 0000000 N '5 • ®N • .- •I. O - '! • * G • O R •iN N N A!A A n n n n n *1. 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PREPARED 12/13/94. 16:52:45 City of San Jacinto PAGE 14 PROuRRM Gn313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 13 , z GROUP NUMBER : 00150 ACCOUNTS PAYABLE 12/15/94 3 i 0o11995 s GROUP USER ANNE 6 7 8 / 10 TRANS4 TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME ' INVOICE NUMBER AMOUNT " 12 DESLPIPTI13F T -- LLSUKIFTIO tt]E--2 -- -i2tf1E LHEL,IC.. CTiFCK DATE r Trt LAST ThriNS -- — - --__ 13 14 15 16 17 4600 12/12/1994 002641 00 021-4150-410.30-90 0001689 HEMACINTO RECYCLING MATER 3252,3254 1,000.00 16 CITY YARD CLEAN-UP HAULING 12/15/1994 0000000 N /9 4700 12/12/1994 002642 00 010-3100-431.31-25 0001073 RANDY HICKS PLO 03.00 SEXUAL HARASSMENT COURSE POST REIMBURSABL.E 12/15/1994 0000000 N 1 25 4800 12/12/1994 002643 00 010-3100-431.31-25 0001100 CHRISTOPHER HOLBROOK REQ 80.00 26 INVESTIGATOR'S COURSE POST REIMBURSABLE 12/15/1994 0000000 N 27 78 29 4900 12/12/1994 002644 00 019-4550-410.33-30 0000597 HOUSE OF QUALITY STMT. 210.42 30 AUTO PARTS 12/15/1994 0000000 N 31 32 33 5000 12/12/1994 002645 00 019-4550-410.33-30 0000597 HOUSE OF QUALITY STMT. 355.39 3° AUTO PARTS 12/15/1994 0000000 N 35 37 5100 12/12/1994 002646 00 019-7100-410.33-50 0000597 HOUSE OF QUALITY STMT. 18.21 3° AUTO PARTS 12/15/1994 0000000 N 39 — - --- 41 5200 12/12/1994 00264% 00 021-4150-410.33-30 0000612 INDUSTRIAL ASPHALT 531081 305.82 a2 ' COLD MIX-PUBLIC WORKS 12/15/1994 0000000 N 03 — — M 45 5300 12/12/1994 002648 00 010--3100-431.35--1'7 0000674 LA CELLULAR TELEPHONE STMT. 36.45 CAL-ID CELLULAR/FAX POLICE DEPARTMENT 12/15/1994 0000000 N 47 5400 12/12/1994 002649 00 010-1110-411.34-05 0000686 PAMELA LEE STMT. '740.27 so STAFF ASSISTANCE DEPUTY CITY CLERK 12/15/1994 0000000 N 51 53 5500 12/12/1994 002650 00 010-3100-431.35-16 0001080 MCI TELECOMMUNICATIONS 71443120 17.69 S4 LONG DISTANCE SERVICES 12/15/1994 0000000 N SS 57 5600 12/12/1994 002651 00 010-3100-431.21-60 0000707 MAIL PLUS MORE REQ 27.81 56 UPS SERVICES POLICE DEPARTMENT 12/15/1994 0000000 N 59 61 5700 12/12/1994 002652 00 010-3100--431.31--25 0001098 NATHAN MIL1.-.ER REQ 80.00 62 INVESTIGATOR'S COURSE - POST REIMBURSABLE 12/15/1994 0000000 N 63 5800 12/12/1994 002653 00 010-3100-431.33-10 0000732 MISSION UNIFORM SERVICES STMT 47.48 66 FLOOR RUNNERS POLICE DEPARTMENT 12/15/1994 0000000 N 67 6.3 5900 12/12/1994 002654 00 046-8800-450.30-90 0000748 MIJNI FINANCIAL_ SERVICES 935284 1,504.53 70 ARBITRAGE REBATE SERVICES C.F.D. '2 12/15/1994 0000000 N 71 72 6000 12/12/1994 002655 00 010-3100-431.31-25 0001049 F•MW ASSOCIATES REQ 347.00 74 1 CIVILIAN SEMINAR/CASKET POST REIMBURSABLE 12/15/1994 0000000 N 75 N T . P C ,- ..P E7. . 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J O Q D i -- Q I I I I I F'REF'AF:E:11 12�9�1. 162�;2241, City of Sa•c i nto 410E 17 0M313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 15 1 2 GROUP NUMBER t 00150 ACCOUNTS PAYABLE 12/15/94 ' ACCOUNTING FE_RIOD/YEARS 06/199J ,,' -- - _ s GROUP USER ANNE. • 6 7 _ e 9 TRANS$ TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER - AMOUNT " 1�3CRIl-TIOM 1 —_. 1 SCRIPTION 2 -DUE-DATE - -- eticCK;i-- CHECK I:'AT&'---TYPE LAST TRANS 12 —11 13 14 _._..-._._..............._....._._._._.. . . _......_._.._......_..._...._.._.._._..._.._.....__._._......._......_._......_.___._.._____.._......._-__..._.._..._._.._.--_.__._-_.._......-_..._..._...._._._.._......_......_..._........__._.._......... .._....._..._.._.........___....._._.._........_.._..._...._...._._._.._._. 15 16 --- 1 T 9100 12/12/1994 002686 00 043-8501-450.40-01 7147 0001357 NOTTSON CONSTRUCTION 1 135,144.50 1e STREET IMPROVEMENTS SOBOBA VILLAGE 12/15/1994 0000000 N 19 20 i 9200 12/12/1994 002687 00 043-0000-202.30-00 0001357 NOTTSON CONSTRUCTION 1. 13,514.45- 22 STREET IMPROVEMENtS SOBOBA VILLAGE 12/12/1994 0000000 N 23! 24 26' GROUP TOTALS 111 COUNT: 92 AMOUNT: 156.345.82 31 31 34 35 3r,1 _ 3' 3T1 39 4. 41 41 4-1 u• nT 48 - n„ 5, s1 56 56 6(. 6.' 53 64 6r fl 61, TG' 7, 72 73 74 7•� 7h TC}; HonorableMayor and Members of the City Council. FROM: Laurie Mira, Deputy City Clerk DATE: December 20, 199 Claim - Safeco Insurance Company RECOMMENDATION; Reject the claim as recommended by the claims adjustor pursuant to Government Code Section 9 3: December 13, 1994 Laurie 1Vlora Deputy City Clerk City of San Jacinto 31.East Main Street San Jacinto, CA 92583 Safeco Insurance Co. v. City of San Jacinto Loss Date 06/22/94 Our File No. JS 95-02-04 COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY Dear Ms. Mora: We are m receipt of the above -captioned claim for damages filed with the City of San Jacinto by claimant Patricia K: Bland, Manager of Safeco Insurance Company. We requestthat you take the action indicated below: f claim by authorized board/officer in accordance with Government Code Section 913. LATE CLAIM:- Do NOT reject claim but RETURN it for failure to file within time limit prescribed in Government Code Section 911.2. Transmittal NOT to contain "WARNING; required by Section 913,.butshould advise that the recourse to file "Application" for Leave to File Late Claim" as provided in Government Code Section 911.4. This must be returned within 45 days of the date claim mailed or delivered. CLAIM REJECTION: Written rejection o INSUFFICIENT CLAIM: Send nonce of insufficiency for failnre"to comply with Gove 910.4 and cite the following. specific: insufficiencies: ent Code Section 910 and/or 9 2 and/or This in the sent within 20 days of your receipt of cla AMENDED CLAIM: Reject claim as. set forth in first paragraph above, CLAIM REJECTION: APPLICATION FOR LEAVE TO FILE LATE CLAIM: Reject the Application under Government Code. Section 911.8., OPERATION OF LAW: Defer any written response pending our further adv Please provide us with a copy of any response please contact the CVJPIA office. yours, Dennis M. ploy' Claims Manager 7-710 Fred aring Drive, Suite 200, Pa equested above. f you have any questions, -0492 FAX (619 TO Honorable. Mayor and Members: of the Cit'y`Council FR( iill: Laurie Mora, Deputy. City Clerk DATE: December 20, 1994 RE: Claim -Sonya Katz RECOMMENDATION: Reject.the claim as recommended>by the clsims adjustor, pursuant to Government, Code Section 913: COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY December 13, 1994 Laurie Mora Deputy City Clerk City of San Jacinto 312 East Main Street San Jacinto, CA 92583 ltzet al. v. City of San Jacinto ss Date 06/22/94 it File No: JS 95-02 Mora: We are in receipt of the above -captioned claim for damages filed with the. City of San Jacinto by claimant Sonya Katz. We request that you take the action indicated below: CLAIM REJECTION: Written re LATE CLAIM:" Do NOT reject claim, but RETURN it forfailure to file within time limit prescribed in. Government Code Section 911.2. Transmittal NOT to contain "WARNING" required by Section 913, but should advise that the recourse to file "Application for Leave to File Late Claim" as provided in Government Code Section 911.4. This must be returned within 45 days of the date claim "mailed 'or delivered. CIENT CLAIM: Send notice ofinsufficiency fo d cite: the following specific insufficiencies: ion of claim by authorized board/o st be sent within 20" days of your receipt of claim." ED CLAIM: Reject claim as set forth in first paragraph above, CLAIM REJECTION. APPLICATION FOR LEAVE TO FILE LATE CLAIM:; Reject the Application under Government Code Section 911.8. OPERATION OF LAW:" Defer any written "response pending our further advic c n accordance with Government Code Secno 9 nt Code Section 910 and/or 910.2 and/or Please provide uswith a copy of any response requested above. If you have any questions, please contact the CVJPIA office: Very truly yours, Dennis Claims Manager 7 -710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (619} 341-0492 FAX (619 45 7 STAFF REPORT • TO: Honorable Mayor and Members of the City Council FROM: Brian McNabb, Director of Community Development via Pamela S. Easter, City Manager DATE: December 20, 1994 SUBJECT: Adoption of Ordinance No. 1006 An Ordinance amending the San Jacinto Redevelopment Plan RECOMMENDATION Staff recommends that the City Council adopt Ordinance No. 1006, waive the reading of the Ordinance in full and read by title only. BACKGROUND On December 6, 1994, the City Council introduced Ordinance No. 1006, to amend the San Jacinto Redevelopment Plan by establishing time limitations for incurring debt and • using property taxes to pay indebtedness. CCRPT-94\ADORD1006 • • ORDINANCE NO. 1006 AN ORDINANCE OF CITY OF SAN JACINTO AMENDING THE REDEVELOPMENT PLAN FOR THE SAN JACINTO REDEVELOPMENT PROJECT IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6 WHEREAS, the San Jacinto Redevelopment Agency (the "Agency") is a public body, corporate and politic, organized and existing under the Redevelopment Law of the State of California (Part 1 of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, by enacting Ordinance No. 754 adopted on June 28, 1983, the City Council of the City of San Jacinto adopted the Redevelopment Plan for the San Jacinto Redevelopment Project (the "Plan" and the "Redevelopment Project", respectively) for the redevelopment project area as therein defined (the "Original Area"); and WHEREAS, by enacting Ordinance No. 992 adopted on December 28, 1993, the City Council of the City of San Jacinto adopted Amendment No. 1 to the Redevelopment Plan ("Amendment No. 1"), which Amendment No. 1 provided for the addition of certain territory ("Added Area No. 1") to the Project Area of the Redevelopment Project; and • WHEREAS, Assembly Bill 1290, which was enacted by the State of California and became effective on January 1, 1994, amended Section 33333.6 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., (the "Community Redevelopment Law"; unless otherwise expressly set forth or unless the context otherwise requires, all references to "Section" are Section(s) of the Community Redevelopment Law) and required, in part, that redevelopment agencies impose new time limitations upon redevelopment plans adopted prior to December 31, 1993, and further required that legislative bodies of redevelopment agencies to enact ordinances amending redevelopment plans adopted prior to January 1, 1994 to comply therewith; and WHEREAS, Section 33333.6 (a) (1) of the Community Redevelopment Law provides: "The time limit on the establishing of loans, advances, and indebtedness adopted pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or paragraph (2) of subdivision (a) of Section 33333.4 shall not exceed 20 years from the adoption of the redevelopment plan or January 1, 2004. whichever is later, but does not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413. This limit, however, shall not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413. This limit shall not prevent agencies from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid."; and • PUBL:18270_1 194 I B2763.0 November 15, 1994 WHEREAS, Section 33333.6 (a) (2) provides: "The time limitation may be extended, only by amendment of the redevelopment plan, after the agency finds, based on substantial evidence that: (A) significant blight remains within the project area; and (B) this blight cannot be eliminated without the establishment of additional debt. However, this amended time limitation may not exceed 10 years from the time limit established pursuant to this subdivision or the time limit on the effectiveness of the plan established pursuant to subdivision (b), whichever is earlier."; and WHEREAS, Section 33333.6 (b) provides: "The effectiveness of every redevelopment plan subject to the provisions of Section 33333.6 shall terminate at a date which shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations."; and WHEREAS, Section 33333.6 (c) provides that except as provided in subdivisions (g) and (h), a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after 10 years from the termination of the effectiveness of the redevelopment plan pursuant to subdivision (b); and WHEREAS, Section 33333.6 (d) (1) provides: "If plans which had different dates of adoption were merged on or before December 31, 1993, the time limitations required by this section shall be counted individually for each merged plan from the date of the adoption of each plan. If an amendment to a redevelopment plan added territory to the project area on or before • December 31, 1993, the time limitations required by this section shall commence, with respect to the redevelopment plan, from the date of the adoption of the redevelopment plan, and, with respect to the added territory, from the date of the adoption of the amendment."; WHEREAS, Section 33333.6 (e) (1) provides that unless a redevelopment plan adopted prior to January 1. 1994, contains all of the limitations required by this section and each of these limitations does not exceed the applicable time limits established by this section. the legislative body, acting by ordinance on or before December 31. 1994. shall amend every redevelopment plan adopted prior to January 1, 1994. either to amend an existing time limit that exceeds the applicable time limit established by this section or to establish time limits that do not exceed the provisions of subdivision (a), (b), or (c); and WHEREAS. Section 33333.6 (e) (2) provides that the limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance required by this section. neither the legislative body nor the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans; and WHEREAS, Section 33333.6 (t) (1) provides that if a redevelopment plan adopted prior to January 1, 1994, contains one or more limitations required by this section, and the limitation does not exceed the applicable time limit required by this section, this section shall not be construed to require an amendment of this limitation; and • PUBL:18270 1 1 94 I B2763.0 2 November 15, 1994 WHEREAS, Section 33333.6 (f) (2) provides that a redevelopment plan adopted prior to • January 1. 1994. that has a limitation shorter than the terms provided in this section may be amended to extend the limitation, within the applicable time limit established by this section, pursuant to Section 33354.6; and WHEREAS, Section 33333.6 (g) provides: "The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit allocation of taxes to an agency to the extent required to eliminate project deficits created under subdivision (e) of Section 33320.5, subdivision (g) of Section 33334.6, or subdivision (d) of Section 33487, in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to implement a replacement housing program pursuant to Section 33413. In the event of a conflict between these limitations and the obligations under Section 33334.6 or to implement a replacement housing program pursuant to Section 33413, the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure of moneys in the agency's Low and Moderate Income Housing Fund in accordance with Section 33334.3 or to permit implementation of the replacement housing program pursuant to Section 33413. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (e)."; and WHEREAS, Section 33333.6 (h) provides: "This section shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the legislative body, or the agency pursuant • to this part, prior to January 1, 1994. Nor shall this section be construed to affect the right of an agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other obligation."; and WHEREAS, Section 33333.6 (i) provides that a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670, with respect to a redevelopment plan adopted prior to January 1, 1994, after the date identified in subdivision (c) or the date identified in the redevelopment plan. whichever is earlier, except as provided in paragraph (2) of subdivision (t) or in subdivision (h); and WHEREAS, Section 33333.6 (j) provides that the Legislature finds and declares that the amendments made to this section by the act that adds this subdivision are intended to add limitations to the law on and after January 1, 1994. and are not intended to change or express legislative intent with respect to the law prior to that date, and further that it is not the intent of the Legislature to affect the merits of any litigation regarding the ability of a redevelopment agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to law that existed prior to January 1. 1994; and WHEREAS, the Plan and Amendment No. 1 as previously adopted by the Agency currently contain certain time limitations which may not accord with those time limitations required by Section 33333.6; and WHEREAS, the City of San Jacinto (the "City") is adopting this ordinance to amend • certain time limitations of the Plan and Amendment No. 1, as more particularly provided below, to comply with the time limitations pursuant to Section 33333.6. PUBL:18270 1 194 I B2763.0 3 November 15, 1994 NOW THEREFORE, the City of San Jacinto does ordain as follows: Section 1. As to the Original Area, except to the extent a longer period of time may • now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law: a) the time limitation to incur indebtedness under the Redevelopment Plan as to the Original Area is amended to June 28, 2003 (twenty years from the date of adoption of the Redevelopment Plan for the Original Area); provided that this limit shall not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413 and this limit shall not prevent agencies from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. b) the time limitation to receive property taxes to pay indebtedness or to receive property taxes pursuant to Section 33670 under the Redevelopment Plan as to the Original Area is June 28, 2033 (ten years from the date of termination of the Redevelopment Plan as to the Original Area, June 28, 2023). This Section 1(b) shall supersede the text of Section 1000.00 of the Plan (for the Original Area), which superseded language shall hereafter be of no further force and effect. c) the time limitation as to the effectiveness of the Redevelopment Plan as to the Original Area shall be June 28, 2023. Section 2. As to Added Area No. 1, except to the extent a longer period of time may now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law: a) the time limitation to incur indebtedness under the Redevelopment Plan as to Added Area No. 1 is amended to December 28, 2013 (twenty years from the date of adoption of Amendment No. 1); provided that this limit shall not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413 and this limit shall not prevent agencies from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. b) the time limitation to receive property taxes to pay indebtedness or to receive property taxes pursuant to Section 33670 under Amendment No. 1 as to Added Area No. 1 is December 28, 2043 (ten years from the date of termination of Amendment No. 1, December 28, 2033). c) the time limitation as to the effectiveness of Amendment No. 1 shall be December 28, 2033. • PUBL:18270 1 l 94 I B2763.0 4 November 15, 1994 Section 3. No action with respect to the time limitation set forth in Section 33333.6 411 (a) (2) is being taken at this time but the right to consider extension of the time limitation is being reserved. Section 4. The City Council finds and determines amendments to the Plan and Amendment No. 1 as adopted by this ordinance are in compliance with the time limitations set forth in 33333.6. Section 5. The Plan as heretofore amended by Amendment No. 1 shall remain in full force and effect, unmodified except to the extent of those particular amendments expressly set forth in this Ordinance. Section 6. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in a newspaper of general circulation which is published and circulated in the City of San Jacinto. Section 7. This Ordinance shall be in full force and effect thirty (30) days after passage. PASSED AND ADOPTED at a regular meeting of said City Council held the day of , 1994, by the following roll call vote: AYES: • NOES: ABSENT: ABSTAIN: Mayor, City of San Jacinto ATTEST: City Clerk APPROVED AS TO FORM: • Pun:18270 1'94 0 B2763.0 5 November 15, 1994 "12 . 28. 10o property Owner Responsibilit • (a) y Every person owning, operating, leasing, occupying or renting a building or structure within a District shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 12 . 28 . 090 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 12 . 28 . 040 hereof, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within (10) days after receipt of such notice. (b) The notice to provide the required underground facilities may be given either by pe:.sonal sal✓ice or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises, at such premises, and the notice must be addressed to the owner thereof as such owner' s name appears on the last equalized assessment roll , and when no address appears, to General Delivery, City of San Jacinto. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it had been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall within forty-eight (48) hours after mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises. (c) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed with thirty ( 30) days after receipt of such notice, the City Engineer will provide such required underground facilities in which case the cost and expense thereof will be assessed against the property benefitted and become a Lien upon such property. (d) If upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work, provided however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer may in lieu of providing the required facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal • 2 �I� description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten 411 (10) days thereafter. (e) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there by any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. 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 pursuant to Government Code Section 36933 . INTRODUCED at a regular meeting of the said City Council on , 1994 . MOVED, PASSED and ADOPTED at a regular meeting of the City Council on , 1994 , by the following vote: AYES : NOES: ABSTAIN: Mayor ATTEST: City Clerk 3 !II TAFF REPORT Honorable Mayor and Members of the City Council FROM: Brian [ McNabb, Director of Community Develcprnen via Pamela °5. Easter, City Manager" DATE: December 0, 1994 SUBJECT: ADOPTI JNOF ORDINAi CE NO. 1007 AN ORDINANCE AMENDING THE CITY CE DE RELATING. TO TI- ESTABLISHMENTOF UNDERGROUND UTILITY DISTRICTS RECOMMENDATION Staff recommends that the City Council adopt Ordinance No. 1007, waive the reading o the, Ordinance in full and read by title only. BACKGROUND tin December 6, 1994, the City Council introduced Ordinance No. 1007, to amend Chapter 12288 of the City Code, pertaining to underground utility districts and the use. of°Rule 20 and, local funds related thereto: cos i 4\ADORD1007 ORDINANCE NO .. 1007 AN ORDINANCE OF THE., CITY _OF, SAN JACINTO, AMENDING CHAPTER 12.288 OF THE SAN ,TACINTO MUNICIPAL CODE PERTAINING TO UNDERGROUND UTILITY DISTRICTS. The City'Council for the City of San Jacinto does hereby. ordain as follows, Secti n 1. § 12:28:040 of the San Jacinto Municipal: Code is amended to read as follows: 12.28.040 Designation by Resolution If, after any such public hearing the. Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation:: The Council shall also make one or more of the following findings: (a) That such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; (b) The street or road right-of-way is extensively used by the general public and carries a heavy volume of, -pedestrian or vehicular traffic; (c) The street or road right-of-way passes through a civic area or public recreation area or an area of unusual scenic interest to the.general public. Such resolution shall include a description of the area compromising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service." A reasonable time shall be allowed for such removal and underground installation, -having due regard for the availability of funds, labor, materials and equipment necessary.for such removal and for the installation of such underground'facili'ties as may be occasioned thereby. Section 2. amended to § 12.28.100 of the San ,Jacinto Municipal Code ead as follows: 1,12.28.100 Property Owner Responsibility (a) Every person owning, operating, leasing, occupying or renting a building or structure within a District shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 12.28.090 and the telmination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 12.28.040 hereof, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within (10) days after receipt of such notice. (b) The notice to provide the required underground facilities may be given either by pe;_sbnal se-L-vice or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises, at such premises, and the notice must be addressed to the owner thereof as such owner's name appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of San Jacinto. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it had been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall within forty-eight (48) hours after mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises. (c) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed with thirty (30) days after receipt of such notice, the City Engineer will provide such required underground facilities in which case the cost and expense thereof will be assessed against the property benefitted and become a Lien upon such property. (d) If upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work, provided however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer may in lieu of providing the required facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal 2 description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter. (e) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the Council shal: hear and consider the report and all protests, if there ny any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. 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 pursuant to Government Code Section 36933. INTRODUCED at a regular meeting of the said City Council on , 1994. MOVED, PASSED and ADOPTED at a regular meeting of the City Council on , 1994, by the following vote: AYES: NOES: ABSTAIN: Mayor ATTEST: City Clerk TY OF SAN JACINTO STAFF REPORT TO Honorable Mayor, nd City Council Members, FROM: Brian McNabb;.. Director of Community Developmen via Pamela S: Easter, City Manager DATE: December 20 1994 SUBJECT: Purchase Agreement and Joint Escrow Instructions for Lin Prope NEIGHBORHOOD Rose Ranch RECOMMENDATION Approve Purchase Agreement. and Joint Escrow Instructions related to acquisition of approximately 4.74 acres on the Super Block and authorize the City Manager to execute all documents related to this transaction. FUNDING SOURCE Redevelopment Bond proceeds and other Redevelopment revenue {Fund 96) BACKGROUND The acquisition of this property from Mr. and Mrs. Lin will allow two projects to move forward: the widening of the Entrada and the construction of Phase II of San Jacinto Valley Faire. The purchase price is $4.50 per sq. ft. with the exact purchase price based on actual boundary survey of the prope BKM:Ir CCRPT-94\Lin-Agm PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (hereinafter the "Agreement"), dated as of the day of , 1994 ("Effective Date") by and between HSIUH CHIN AND TUNG HSIUH LAN LIN ("Seller") and SAN JACINTO REDEVELOPMENT AGENCY, a body politic, ("Buyer"), is entered into with reference to the recitals set forth below and constitutes (i) a contract of purchase and sale between the parties; and (ii) escrow instructions to CONTINENTAL LAWYERS TITLE, (hereinafter "Escrow Agent"). RECITALS WHEREAS, Seller owns and holds fee title to certain land and the improvements constructed thereon in the City of San Jacinto, County of Riverside, State of California, containing approximately 206,474 square feet of land area (or approximately 4.74 acres) (the "Property"), (actual square footage to be dete/mined by survey), and described on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Buyer desires to purchase, and seller desires to sell the Property pursuant to the provisions hereof; and WHEREAS, prior to the purchase of the Property, the parties shall create a separate legal parcel identifying the Property; and WHEREAS, Buyer desires to utilize the property for Redevelopment purposes. NOW, THEREFORE, the parties agree as follows: ARTICLE 1 AGREEMENT OF SALE 1.1 In consideration of the covenants herein contained, Seller hereby agrees to sell, and Buyer agrees to purchase the Property for Four Dollars and Fifty Cents ($4.50) per square foot or a total purchase price of approximately Nine Hundred Twenty -Nine Thousand One Hundred Thirty -Five Dollars and No Cents ($929,135.00) (the "Total Price"), (actual price to be dete/mined after survey), upon the terms and conditions herein set forth. The Total Price shall be payable pursuant to the provisions of Article 2 hereof. 1.2 This Agreement supersedes any and all prior agreements or representations, whether written or oral, and shall have no force or effect against Agency until approved by Agency at a regular meeting thereof authorizing execution hereof by Agency. ARTICLE 2 BUYER'S DELIVERIES TO ESCROW AGENT AND SELLER 2.1 The close of Escrow ("Closing Date") shall be no later than ten (10) days following the expiration of the Approval Period (as defined in Section 4.1 hereof). Prior to 3:00 p.m. of the business day before the Closing Date, Buyer shall deliver to Escrow Agent each of the following: 2.1.1 The cash sum of the full purchase price according to survey reduced by the amounts delivered to Escrow Agent pursuant to Section 4.2 below. 2.1.2 The amount, if any, required by Buyer under Article 7 hereof entitled "Proration, Fees and Costs", and any other documents required by this Agreement or Escrow Agent. ARTICLE 3 SELLER'S DELIVERIES TO ESCROW AGENT 3.1 Seller shall, prior to the Closing Date, deliver to Escrow Agent: 3.1.1 Seller's Grant Deed conveying the Property to Buyer, executed and acknowledged by Seller in a foLm reasonably acceptable to Buyer. 3.1.2 A Certification of Non -Foreign Status executed by Seller in a form reasonably acceptable to Buyer. 3.1.3 Seller shall pay to Seller's Agent, TIN SUN, TAI YANG REALTY, a commission of three percent (3%) of the purchase price. ARTICLE 4 CONDITIONS TO PURCHASE 4.1 Buyer's obligation to purchase, and Seller's obligation to sell the Property pursuant to this Agreement are conditioned upon the approval, waiver or satisfaction of the following conditions (the "Conditions to "Purchase") by Buyer no later than thirty-five (35) days after the Effective Date ("Approval Period"). 4.1.1 Seller shall cause Escrow Agent to deliver to Buyer a preliminary title report covering the Property with copies of all exceptions thereto within ten (10) days after the Effective Date, and Buyer shall during the Approval Period either approve, disapprove or waive the exception(s) to title disclosed 2 therein. Upon the close of escrow, Seller shall convey title to the Property free and clear of all liens, assessments, easements and encumbrances, except those approved or waived by Buyer as described above. Further, Seller shall convey title to the Property insured by a standard CLTA coverage policy of title insurance issued by CONTINENTAL LAWYERS TITLE insuring Buyer's fee simple interest in the Property. At Buyer's election, Buyer shall cause an ALTA survey to be performed for Buyer's approval, at Buyer's sole cost and expense. In the event that Seller is unable to eliminate any matter objected to by Buyer, Buyer may (i) elect to terminate this Agreement by written notice to Seller or (ii) waive all uncured title exceptions previously objected to by Buyer and take title to the Property subject to such matters. 4.1.2 During the Approval Period, Buyer, its authorized agents and representatives shall have the right to enter the Property upon prior notice to Seller, and make any and all inspections, appraisals and studies to conduct and carry out any and all engineering studies and operations required at Buyer's sole cost and expense, including but not limited to any geotechnical investigation and hazardous substance, assessments, and tests. Buyer hereby indemnifies and agrees to hold Seller and the Property harmless from any and all liabilities and expenses (including, without limitation, mechanics' liens and attorneys' fees and costs) arriving out of any such entry by Buyer or its representatives, agents or designees. 4.1.3 During the Approval Period, Buyer shall successfully negotiate and conclude a Disposition and Redevelopment Agreement with Fun Properties Inc. for development of the site and obtain Agency approval thereof following public hearing. 4.1.4 During the Approval Period, Buyer shall place with escrow a legal description together with a certification of compliance identifying the Property as a separate legal parcel. 4.2 If Buyer reasonably disapproves in writing or cannot fully satisfy any of the foregoing Conditions to Purchase contained in Section 4.1 by the expiration of the Approval Period, Buyer may terminate the Agreement in which event neither party shall have any further liability or obligation to the other. If Buyer satisfies, or approves, the foregoing Conditions to Purchase contained in Section 4.1 by the expiration of the Approval Period, this Agreement shall remain in full force and effect and Buyer shall deliver the full purchase price to the Escrow Agent. 3 ARTICLE 5 THE CLOSING 5.1 Escrow Agent shall close the escrow on the Closing Date by (i) filing for recording the Seller's Grant Deed, and such other documents as may be necessary to procure the Title Policy (described below); and (ii) delivering funds and documents as set forth in Article 7 hereof entitled "Distribution of Funds and Documents", WHEN AND ONLY WHEN Escrow Agent has procured, or is satisfied that it can procure, a CLTA standard policy of title insurance (the "Title Policy") with liability in the amount of the Total Price, insuring that the fee title to the Property is vested in Buyer subject only to Buyer's previously approved preliminary title report as set forth in Section 4.1.1 hereof. 5.2 Escrow Agent shall have no liability or responsibility for determining whether or not a party giving a notice of termination is or is not in default hereunder. Within two (2) working days after receipt of such notice from one (1) party, Escrow Agent shall deliver one (1) copy of such notice to the other party. If written objection to the termination of the escrow is delivered to Escrow Agent within a ten (10) day period after such notice, Escrow Agent is authorized to hold all funds and instruments delivered to it in connection with the escrow and may, in Escrow Agent's sole discretion, take no further action until otherwise directed, either by the parties' mutual written instructions or final order of a court of competent jurisdiction. 5.3 Neither (i) the exercise of such right of telmination; (ii) delay in the exercise of such right; nor (iii) the return of monies and documents, shall affect the right of the party giving such notice of termination to pursue legal remedies for the other party's breach of this Agreement (including but not limited to damages for the payment of all or any portion of Escrow Agent's escrow termination charges); nor shall (i) the giving of such notice; (ii) the failure to object to tetfflination of the escrow; or (iii) the return of monies and documents affect the right of the other party to pursue other legal remedies for the breach of the party who gives such notice. ARTICLE 6 PRORATION, FEES AND COSTS 6.1 All prorations and/or adjustments including taxes, assessments and charges called for in this Agreement shall be made on the basis of a thirty (30) day month unless otherwise specifically instructed in writing by the parties. Escrow Agent shall only be concerned with the prorations and/or adjustments as set forth herein and any other prorations and/or adjustments between Buyer and Seller shall be made outside of escrow. Buyer and Seller hereby direct Escrow Agent to prorate and/or adjust through escrow the following: 4 6.1.1 Real estate taxes and assessments shall be based on the most recent official information applicable to the fiscal year in which the transfer of the Property from Seller to Buyer occurs; provided, however, if such prorations as of close of escrow are later revised due to changes that occur prior to the close of escrow, Buyer and Seller agree to re -prorate the taxes and charges using such new evidence to the Closing Date. 6.2 Seller will pay (i) the title policy premium up to the cost of a standard CLTA owner's policy without additional endorsements; (ii) one-half (1/2) of Escrow Agent's escrow fee or escrow termination charge; (iii) fees for beneficiaries' statements and documentary transfer tax (to be attached after recording); and (iv) usual seller's document -drafting and recording charges. 6.3 Buyer will pay (i) one-half (1/2) of Escrow Agent's escrow fee or escrow termination charge; (ii) excess or extended title policy premium charges over a standard CLTA policy; and (iii) usual buyer's document -drafting and recording charges. 6.4 Each party warrants to the other that the warranting party has incurred no obligation by reason of this Agreement or the transaction contemplated hereby, for a real estate brokerage commission or finder's fee for which the other party would be liable and hereby indemnifies the other party from and against any damages, claims, costs and expenses including reasonable attorneys' fees arising as a result of a breach of this warranty. ARTICLE 7 DISTRIBUTION OF FUNDS AND DOCUMENTS 7.1 All cash received hereunder by Escrow Agent shall, unless otherwise disbursed as provided for herein, until the close of the escrow, be kept on deposit with other escrow funds in Escrow Agent's general escrow account(s), in any state or national bank, and may be transferred to any other such general escrow account(s), except as specifically provided herein. 7.2 Escrow Agent shall pay no interest on cash received by it hereunder. 7.3 All disbursements by Escrow Agent shall be made by checks of Escrow Agent. 7.4 Escrow Agent will, at the close of the escrow, pay, from funds to which Seller shall be entitled and from funds, if any, deposited by Seller with Escrow Agent, to the obligees thereof all encumbrances other than those permitted hereby to be shown in the Title Policy. 5 7.5 Escrow Agent will cause the County Recorder of the County of Riverside to mail the Seller's Grant Deed and the Dedication Agreement (and each other document which is herein expressed to be, or by general usage is, recorded) after recordation, to the grantee, beneficiary or person (i) acquiring rights under said document; or (ii) for whose benefit said document was acquired. 7.6 Escrow Agent will, at the close of the escrow, deliver by United States mail (or will hold for personal pickup, if requested) each non recorded document received hereunder by Escrow Agent to the payee or person (i) acquiring rights under said document; or (ii) for whose benefit said document was acquired. 7.7 Escrow Agent will, at the close of the escrow, deliver by United States mail (or will hold for personal pickup, if requested) (i) to Seller, or order, the cash portion of the Total Price, plus any proration or other credits, to which Seller will be entitled and less any appropriate proration or other charges; and (ii) to Buyer, or order, any excess funds theretofore delivered to Escrow Agent by Buyer. WA • • ARTICLE 8 TIES AND REPRESENTATIONS 8.1 Escrow Agent shall have no concern with, or liability or responsibility for, this Article. 8.2 To the best knowledge of Seller, Seller represents and warrants as follows: 8.2.1 Neither the execution nor the delivery of this Agreement, the incurrence of the obligations herein set forth, the consummation of the transactions herein contemplated, nor the compliance with the terms of this Agreement will result in a breach of any of the terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence or indebtedness, or any contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument to which Seller is a party or by which Seller or the Property may be bound. 8.2.2 The individuals executing this Agreement for Seller have the right, power, legal capacity and authority to execute and enter into this Agreement on behalf of Seller and to execute all other documents and perform all other acts as may be necessary in connection with the performance of this Agreement. 8.2.3 No approval or consent (including spousal consents) not heretofore obtained by any person or entity is necessary in connection with the execution of this Agreement by 6 Seller or the performance of Seller's obligations under this Agreement. 8.2.4 Seller has no knowledge of any violation of any laws, regulations, ordinances, codes or governmental requirements relating to or connected with the Property, including but not limited to the presence, storage, manufacture, discharge or disposal of any hazardous materials (as such telm is defined by Federal State and local laws, statues and ordinances) on or from the Property. Seller shall indemnify, defend and hold harmless Buyer and its principals, officers, employees and agents from any and all liability resulting from any hazardous materials on the Property. 8.2.5 Until the Closing Date, Seller will continue to operate the Property in substantially the same manner as in the past and will reasonably maintain the Property in its current state of repair and operating condition, and will convey the Property and deliver possession to Buyer in the same state. 8.2.6 The Property is free of any leases, contracts, or encumbrances, except as may be specifically accepted by Buyer pursuant to Section 4.1.1, above. 8.2.7 The foregoing warranties and representations will be deemed to have been made again and will be true, complete and correct as of the Closing Date. 8.3 To the best knowledge of Buyer, Buyer represents and warrants as follows: 8.3.1 Buyer has no knowledge of any transactions, suits, procedures or investigations pending or threatened against Buyer which would prevent Buyer from meeting any of its obligations under this Agreement. 8.3.2 This Agreement is valid against Buyer in accordance with its terms and each instrument to be executed by Buyer pursuant hereto or in connection herewith will, when executed and delivered, be valid and enforceable against Buyer in accordance with its terms. 8.3.3 The individuals executing this Agreement for Buyer have the right, power, legal capacity and authority to execute and enter into this Agreement on behalf of Buyer and to execute all other documents and perfoLm all other acts as may be necessary in connection with the performance of this Agreement. 8.3.4 The foregoing warranties and representations will be deemed to have been made again and will be true, complete and correct as of the Closing Date. 7 ARTICLE 9 POST -CLOSING OBLIGATIONS 9.1 Escrow Agent shall have no concern with, or liability or responsibility for, this Article. 9.2 Each party shall be entitled to and shall receive all refunds and reimbursements of funds paid by such party pursuant to any contract heretofore or hereafter entered into by such party with respect to the Property, including any public utility company or governmental agency or subdivision thereof. If, by inadvertence or otherwise, the other party receives any such refunds, reimbursements or contributions, it will immediately pay and deliver the same to the party entitled thereto. ARTICLE 10 NOTICES 10.1 Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery or as of the second business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Buyer: If to Seller: If to Escrow Agent: San Jacinto Redevelopment Agency Attn: Brian McNabb 201 East Main Street San Jacinto, California 92583 HSIUH CHIN AND TUNG HSIUH LAN LIN 7860 Beach Boulevard Buena Park, California 90620 Attn: or to such other address or to such other person as any party shall designate to the others for such purpose in the manner hereinabove set forth. ARTICLE 11 GENERAL PROVISIONS 11.1 Unless the context otherwise indicates, whenever used in this Agreement: 11.1.1 The word "cash" means (i) currency; (ii) a check(s) currently dated, payable to Escrow Agent, and honored upon presentation for payment; (iii) an amount credited by wire 8 transfer into Escrow Agent's bank account; or (iv) if Escrow Agent in its sole discretion so requires, check(s) in the form required by clause (ii) drawn on such bank(s) as Escrow Agent may require. 11.1.2 The word "party" or "parties" means Buyer and/or Seller, as the contest may require. 11.1.3 The word "escrow" means the escrow created by this Agreement. 11.1.4 The phrase "the close of escrow" means the date and time at which the Seller's Grant Deed and other documents are filed for record. 11.2 The use herein of (i) the neuter gender includes the masculine and the feminine; and (ii) the singular number includes the plural, whenever the context so requires. 11.3 Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of the terms hereof. 11.4 All exhibits referred to herein and attached hereto are a part hereof. 11.5 This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. 11.6 No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 11.7 In the event either party commences litigation for the judicial interpretation, enforcement, termination, cancellation or rescission hereof, or for damages for the breach hereof, the prevailing party shall be entitled to a judgment against the other for an additional amount equal to reasonable attorneys' fees and court and other costs incurred. 11.8 All terms of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective legal representatives, successors and assigns. 9 11.9 This Agreement shall be construed and enforced in accordance with the laws of the State of California. Time is of the essence. 11.10 In the event any term, covenant, condition, provision or agreement herein contained is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, the fact that such term, covenant, condition, provision or agreement is invalid, void or otherwise unenforceable shall in no way affect the validity and enforceability of any other term, covenant, condition, provision or agreement herein contained. 11.11 Possession and risk of loss in connection with the Property shall be transferred by Seller to Buyer at close of escrow. 11.12 The parties each agree to execute such further documents and escrow instructions and to take such further action as may be necessary or desirable to effectuate the intents and purposes of this Agreement and consummate the transactions contemplated herein. 11.13 Each of the representations and warranties made by Seller or Buyer contained herein or delivered or otherwise made by Seller or Buyer shall be true and correct on and as of the close of escrow as though made at that time without the necessity of a separate written certificate regarding same. Each party agrees to indemnify and hold the other party harmless from any and all costs, liabilities and expenses, including without limitation reasonable attorneys' fees, as may result from the incorrectness of any representations and warranties made by, or breach of any of the covenants of, the indemnifying party. 11.14 Seller agrees and acknowledges that prior to the close of escrow, Buyer shall be entitled to assign its rights hereunder to any person, partnership, joint venture, corporation or other entity without the prior written consent of Seller, in Buyer's sole and absolute discretion. 10 WHEREAS, the parties hereto have executed this Agreement on the date first written above. "SELLER" Hsiuh Chin Tung Hsiuh Lan Lin "BUYER" SAN JACINTO REDEVELOPMENT AGENCY By: Chairperson ATTEST: By: Agency Secretary EXHIBITS "A" - DESCRIPTION OF THE PROPERTY 11 CONSENT OF ESCROW The undersigned Escrow Agent hereby agrees to (i) accept the foregoing Agreement; (ii) be Escrow Agent under said Agreement for the fees therein specified; and (iii) be bound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligations, liability or responsibility under this consent or otherwise, unless and until said Agreement is fully signed by the parties, has been delivered to the undersigned, subject to general provisions attached hereto. Dated: , 1994. 12 By: Its: From. Honorable Mayor and City ;Co, Ireisler, Chief N ate December 20, Enclosed please find a ratified fiscal year 1994-95 Memorandum of tinders between the City and the San Jacinto Police Officers Association. The enclosure approved :by Association representatives at a meeting ` o December b; 1994 . In p part, the Memorandum of Understanding provides for: A`July 1, 1994 restoration to. POA members of those benefits relinquished by them during the 1993-94 fis+: ai year ( range and step .e, uniform allowance, City -paid long term disability, life, accidental death and dismemberment and optical insurance policies; tuition reimbursement proms; sick leave buy-back incentive option, vacation buy-back incentive option and Hemet Racquetball Club fee}; Lion of vacation accumulation cap so as to provide for a maximum accumulation equivalent to what any effected employee would earn during 2) year period of time; ion of senior officer eligibility qualifications; ion of dispatcher II eligibility qualifications; Evidence of corporal program having been adopted; Evidence of adoption of drug and alcohol -free work place policy and harassment and employment 'policy. ve described MOU elements are consistent with prior Council 's recommendation that the MOU be adopted by the Counc Lives MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN JACINTO, CA AND SAN JACINTO POLICE OFFICERS ASSOCIATION This Memorandum of Understanding (hereinafter "MOU 1) is entered into between the City of San Jacinto (hereinafter "CITY ") and the San Jacinto Police Officers Association (hereinafter "ASSOCIATION ") pursuant to the provisions of the Meyers-Millias-Brown Act. This MOU shall be effective for the period from July 1 g 1994, up to and including June 30`h, 1995; and thereafter shall continue in effect year -by -year unless one of the parties notifies the other in writing no later than March 15th, 1995, of the request to modify, amend or terminate the Memorandum of Understanding. ARTICLE I Recognition 1.1 The CITY recognizes ASSOCIATION as the bargaining agent for all employees of the Police Department employed by the CITY, except management , confidential , temporary, anL part-time employees . ARTICLE II Management Rights 2.1 It is understood and agreed that the CITY retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in but not limited to those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; assign work not expressly covered by job description, determine the times and hours of operation; determine normal working hours and to schedule shifts accordingly; determine the kinds and level of services to be provided, and the methods of providing them; establish its municipal policies, goals, and objectives; make technological improvements; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of CITY operations; build, move or modify facilities; establish budget procedures and determine budgetary allocations; determine the methods of raising revenue; contract out work in accordance with law; determine the procedures and standards of selection for employment and promotions; establish and enforce dress and grooming standards; determine the content and intent of job classifications; determine style and/or types of CITY issued wearing apparel, equipment or technology to be used; establish and modify productivity and performance programs and standards; establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith; and to take any action necessary to meet conditions of any emergency nature, provided that the ASSOCIATION shall be afforded the opportunity to meet and confer concerning the necessity of any such action if inconsistent with this MOU. In addition, the CITY retains the right to hire, classify, assign, evaluate, promote, terminate, transfer and discipline employees. 2.2 The City Manager may lay off a unit member because of shortage of work, lack of funds, material changes in duties or organization or other valid reasons. 2.3 The CITY has the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the CITY. 2.4 The exercise of the foregoing powers, rights, authority, duties and responsibilities of the CITY, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this MOU, and then only to the extent such specific and express terms are in conformance with law. 2.5 The City Manager and Department Heads have, and will continue to retain, exclusive decision -making authority on matters not specifically and expressly modified by specific provisions of this Memorandum, and such decision -making shall not be in any way, directly or indirectly, subject to the grievance procedure contained herein. ARTICLE HI Salaries 3.1 Salary Schedule a. Effective July 1t, 1984, the CITY agrees to contribute 7% of full-time unit members ' PERS contribution, per section 20615 of the Government Code. b. The salary matrix attached hereto and incorporated by reference as Appendix A is the City salary range and step matrix that shall be effective during the term of this agreement. 3.2 Court Appearance Pay: For off -duty court appearance pursuant to a lawful subpoena relating to events occurring during the course and scope of an employee 's employment, an employee shall be credited with a minimum of two (2) hours for the court appearance, except where the employee 's regularly scheduled work shift commences or ends within two hours after/before the court appearance, wherein the employee shall receive court appearance pay only for the actual time spent in court and the time between the end of court and commencement of the employee 's shift. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. Employees do not have the option of taking compensatory time off for court appearances. Employees required 2 to drive personal vehicles to court, will be compensated at the rate of $0.26 per mile for vehicle use. An employee who has been placed on standby will not be eligible for Court Appearance Pay unless thereafter the employee has been directed to appear in court. 3.3. Court Standby Pay: An employee may leave a telephone number where he/she may be reached while on court standby. Such time is not considered hours worked under the Fair abor Standards Act or under other City overtime policies and will not be compensated, except as set forth below. The City will pay an employee who is directed to remain on standby in reaction to activities occurring during the course and scope of employment in the following manner. If an employee is on standby for the afternoon session and is called to appear in court during that afternoon session he/she is paid for the appearance time only with a 2-hour minimum. If an employee is on afternoon session standby and is not called to appear, he/she will be paid for 1 hour of afternoon standby time. If an employee is on standby for the morning session and is not called to appear until the afternoon session he/she is paid for court appearance time during the afternoon and 1 hour of morning standby time. If an employee is on standby for the entire court day and is not called to appear, he/she will be paid for 2 hours of standby time. All standby pay shall be paid at the employee 's base hourly rate. This payment is made pursuant to this agreement, not pursuant to FLSA or other City overtime policies. Time compensated in the above manner shall not constitute hours worked for purposes of the FLSA or other City overtime policies. Employees do not have the option of taking compensatory time off for court standby. 3.4 Call Back Pay:' Call-back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call-back does not occur when an employee is held over from his/her prior shift or is working continuously prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two hours work commencing when called to duty. Call-back ends upon leaving his/her duty. Any hours worked in excess of two hours shall be credited on an hour -for -hour basis for actual time worked. 3.5 Compensation for Firearms Oualifications : Notwithstanding the provisions of Article VIII, when an officer is required to complete a firearms qualification during off -duty hours, Effective February 1, 1991 3 he/she will receive one (1) hour of compensated time. Compensated time will be at straight time when the employee 's hours worked do not exceed 171 hours in the pay period. If the 171 hours have been exceeded, the one (1) hour will be adjusted in accordance with the Fair Labor Standards Act as amended. No additional payment will be made regardless of how long or the number of times it may take the officer to complete the qualification in each qualification period. Every effort shall be made by management to qualify officers while on duty when possible. 3. 6 Increment Pay:2 Assignments to detectives, motors, and canine shall be made, and revoked, at the sole discretion of the Chief of Police. Persons assigned by the Chief of Police shall have no vested property right to such assignment. For purposes of Government Code Section 3304(b), the administrative appeal of any reassignment shall be to the Chief of Police. An employee who is so assigned for at least fifty percent (50%) of the scheduled work time during a pay period shall receive additional compensation in the following amounts: Motors - $25.00 per pay period Detectives - $25.00 per period Canine - $37.50 per period The parties acknowledge that the above amounts are for the purpose of compensating an employee for the performance of incidental overtime in conjunction with their assignment while off duty and that the City incurs no further overtime obligation pursuant to the Fair Labor Standards Act or other City overtime policies. Increment pay shall be discontinued in the event an employee is on injury -on -duty status for a period longer than a full pay period. Additionally, it is explicitly recognized that individuals so assigned and who are unable to perform the duties of their assignment because of injury (industrial or non -industrial), shall be subject to reassignment during the term of their disability, solely at the discretion of the Chief of Police. During the term of such reassignment, no increment pay shall be paid, but Labor Code Section 4850 benefits as appropriate, sick leave as appropriate, or other leave as appropriate shall be paid to the employee. Additionally, when any such officer is under internal or criminal investigation and reassigned during the course of such investigation, no increment pay shall be provided. Any determination to reassign the officer during the investigation shall be at the sole discretion of the Chief of Police and shall be based upon the nature and severity of the potential administrative or criminal misconduct. 2 Effective January 3, 1991 4 A person reassigned as described above, shall be reinstated to the position and shall commence receipt of the commensurate increment compensation unless such status is altered by disciplinary action. 3.7 Specialty Assignment Response Time: Any employee assigned to detectives, motors, and/or canine shall live no more than fifty (50) road miles from the police station and no more than sixty (60) driving minutes away from the police station. Said response time shall be based upon response time at the most congested traffic driving times. 3.8 Bilingual Compensation : Effective July 2, 1992, any affected employee thereafter certified pursuant to both a California Highway Patrol Spanish fluency examination and a cultural diversity program to be selected and administered solely at the discretion of the CITY, shall receive $50 per month base salary increase. ARTICLE IV Basic Compensation Plan 4.1 Eligibility For Merit Salary Advancement a. Salary Step Increases : Salary step increases shall be considered on a merit basis only, and then only at the following times, and in accordance with Section 4.2 below. 4.2 Oualification For Salary Advancement a. Advancement shall not be automatic, but shall be based upon merit, dependent upon merit, dependent upon increased service value of an employee to the CITY as exemplified by recommendations of his/her supervisor, length of service, performance record, special training undertaken and other objective evidence. b. Only employees rated as meeting the standard of work performance expected of the CITY employees shall qualify to advance to the salary steps above the step on which each affected employee is placed effective July 2, 1992. Merit increases shall be in one (1) full step increments and not in one-half step increments. 4.3 Merit Evaluation a. Every employee shall receive an objective, written job performance evaluation not less than thirty (30) days in advance of the employee 's anniversary date as said date may change from time to time based on promotions and similar personnel transactions that may result in a change in anniversary date. Nothing in this section shall prohibit the department head from authorizing a supervisor to provide an additional objective evaluation to an employee at times other than on an annual basis. 5 b. It shall be the duty of the department head to delegate the responsibility of every employee 's evaluation to that level of supervision having immediate knowledge of the employee 's work. An employee shall be evaluated by his/her immediate supervisor, which evaluation shall be reviewed by the department head. c. Probationary employees whether their status is new hire, promotion, or change of classification shall be given a written job performance evaluation every three (3) months during the probationary period. 4.4 Salary Step Reduction : Whenever an employee 's work performance falls below the level for which a step increase was granted, an employee 's authorized pay may be reduced to the employee 's previous step rate under written procedures established by the CITY for demotions and reduction in pay. 4.5 Eligibility for Promotion Increases : Any employee receiving a promotion shall start on the first salary step of the salary schedule for the class to which he/she is promoted and be eligible for merit increases as elsewhere provided. If the first salary step of a promoted employee 's new position is compensated at less than, or the same as, the employee 's former salary step, then the employee 's new salary step shall be at least one step above the previous step. 4.6 Probationary Period : All Non -Sworn and Sworn personnel shall be subject to a twelve (12) month probationary period prior to consideration for regular status with the CITY. An employee not meeting the minimum standards of job performance may be terminated at any time during the probationary period, without any showing of cause and without right of appeal (subject to those rights of sworn personnel as set forth in Government Code §3304(b)). The probationary period is a working period of employment whereby the employee 's performance can be evaluated and a determination made as to making the employee a regular appointee. Therefore, absence for any reason during the probationary period, totalling fifteen (15) or more working days, shall result in the employee 's probationary evaluation period being automatically extended by the total number of days so absent. Any such extension of the probationary period shall not be subject to the notice requirements of Article 8, Section 2 of the City Personnel Rules, and shall not be deemed punitive in nature. ARTICLE V Benefits 5.1 Uniform Allowance : Effective July 1, 1991, the CITY shall contribute $600.00 per year as a uniform cleaning service for Non -Sworn unit members required by the CITY to either wear a uniform or maintain a uniform on an as needed basis and effective July 2, 1993, said amount shall be increased to $780.00 per year. Effective July 2,1992, the City shall contribute $900.00 per year for Sworn unit members required by the City to either 6 wear a uniform or maintain a uniform on an as needed basis and effective July 2,1993, said amount shall be increased to $1,200.00 per year. Fach employee receiving uniform allowance shall at all times have available a clean regulation uniform for purposes of call out. Effective January 1, 1991, the city shall cease buying the initial uniforms of any employees. 5.2 Disability & Life Insurance : Full-time unit members shall be entitled to participate in the Long Term & Short Term Disability, Life and Accidental Death, Dismemberment insurance program currently in effect. 5.3 Worker 's Compensation a. Non -Sworn : The City shall compensate unit members for a period not to exceed 30 days, on industrial accident leave in the amount of the difference between worker 's compensation insurance and the until member 's regular salary. After expiration of the 30 day period, the City will pay the difference between worker 's compensation and the unit member 's regular amount of pay to the extent of the unit member 's accumulated sick leave earned by the unit member prior to his/her absence. Deductions from the unit member 's sick leave accrual shall be made on a pro rata basis, according to the number of hours of sick leave which is used to supplement worker 's compensation. After exhaustion of accumulated sick leave, the unit member may choose to supplement the worker 's compensation payments through the pro-rata use of vacation time accrued prior to the absence. If the unit member so elects, the CITY shall pay the difference between the worker 's compensation payment and the unit member 's regular salary. In no event shall the additional compensation paid to the unit member by virtue of the 30 day benefit, sick leave or vacation leave, result in the payment of a total daily, weekly or monthly compensation that exceeds the normal compensation of the worker. b. Sworn: The City shall compensate any sworn unit member who is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his/her duties in accordance with Section 4850 of the California I abor Code. 5.4 Health Insurance : Effective July 2, 1992, the CITY will pay a maximum of $148.12 per month towards the premium of health insurance for the single employee, $296.25 per month for the employee plus one (1) dependant and $340.00 per month for the employee with two (2) or more dependents. Effective July 2, 1993, the CITY contributions for the single employee, employee plus one dependant and employee plus two or more dependents will respectively be increased to $165.60, $331.20 and $380.00 7 5.5 Dental/Optical Insurance : Effective upon ratification of the City contract with the described health care providers, but in no instance earlier than acceptance by said health care providers of any individual employee 's coverage application, the City shall contribute the following annual amounts towards dental and/or optical coverage. At the option of the affected employee, all or part of the described amounts may be designated for application to the dental and/or optical programs retained by the City. Any designated annual amounts shall be prorated and distributed on a monthly basis to the designated carrier. However, no employee shall be entitled to any cash distribution of any dental/optical premium contributions not actually designated by the employee to be utilized for such purposes. Employee Only - $160.00 per year; Employee plus 1 dependent - $275.00 per year; Employee plus 2 or more dependents - $396.00 per year. Providers: DENTI-CARE; AVP VISION PLANS. 5.6 Tuition Reimbursement : (1) All affected employees are eligible to receive tuition reimbursement. Courses must have begun after appointment and be in excess of the education standards for the position. An example of this would be job -related college or university courses when the specification for the classification calls for high school graduation. (2) Employees shall be reimbursed for tuition, registration fees and texts required for the eligible courses. Expenses for parking, travel, lodging, meals, processing fees, transcript fees, materials and any other costs are not reimbursable. (3) Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by California State University, except that those enrolled in University of California courses shall be reimbursed up to the dollar amount charged for the same number of units by the UC campus attended. An employee shall not receive reimbursement in excess of five hundred dollars ($500.00) in any one fiscal year. The difference between the City's maximum obligation during any fiscal year and the amount of any actual reimbursement received by the employee during that fiscal year shall not be carried over or be available for use by the employee in any subsequent fiscal year. (4) Course work must be related to the employee 's current occupation or to a City classification to which the employee may be eligible for promotion within the employee 's current job series within the next five years. (5) Courses must be traditional classroom courses taken at colleges or universities and approved by the Western Association of Schools and Colleges. Credits given for 8 courses including, but not limited to life experience, military training, and professional training are not eligible for tuition reimbursement. (6) Course work should not be duplicate training which the employee has already had or which is to be provided in-house or previously taken courses unless special approval has been granted by the department head and the Personnel Department. (7) Courses may be approved which are required for the completion of the pre -approved job -related major. An example would be general education or elective requirements for the major as stated in the school catalog. Remedial courses or those taken as required for a non -approved major shall not be eligible. (8) Classes related to the use of purchased City -approved computer equipment may be authorized under the tuition reimbursement program if pre -approval is granted before commencement of a non -accredited class. ARTICLE VI Leaves 6.1 Sick Leaves a. Full-time unit members shall accrue sick leave at the rate of eight (8) hours per month, beginning with the first day of employment. Unit members hired between the first and fifteenth day of the month shall be credited with eight (8) hours sick leave for the month of hire; unit members hired between the sixteenth and the last day of the month shall begin to accrue sick leave on the first clay of the following month. Sick leave may accrue up to a maximum of 960 hours per unit member. b. Sick leave with pay shall be allowed by the CITY whenever a unit member 's absence is due to the unit member 's illness which prevented his/her attendance on the job and performance of duties on the day(s) of absence. c. Each unit member using sick leave must notify his/her immediate supervisor within two (2) hours before the time set for beginning his/her daily duties or as may be specified by the Department Head. d. The CITY may require a Doctor 's Certificate at any time. e. A unit member absent on an approved sick leave for less than one (1) full working day shall have his/her accumulated sick leave reduced by the number of hours absence. 9 f. If the absence is due to an off -duty accident, the City will require a written memo from the unit member explaining the circumstances of the accident and the injury. g. Sick Leave Incentive : Retroactive to January 1,1987, the City is implementing an incentive program to reduce sick leave abuse. To qualify, a unit member must have 192 hours of accumulated sick leave on record as of January 1, 1987 (and/or as of January 1 of each succeeding year in order to qualify for such succeeding year). Once qualified, a unit member may sell up to forty-eight (48) hours of sick leave back to the City if, as of the date of November 15th following the qualification date, the unit member used forty-eight (48) or fewer sick leave hours. If, throughout the year following the qualification date, more than forty-eight (48) hours are used, no buy back is available. A qualified unit member 's option to exercise this buy-back shall be exercised on the 15th day of November (if the 15th of November falls on a weekend, then the option shall be exercisable on the following Monday) with payment to be made the first pay period in December. 6.2 Vacations : Full-time unit members shall accumulate vacation leave in accordance with the following schedule: a. During the first three (3) years of service, unit members shall accrue eighty (80) vacation hours per annum. Unit members shall be eligible to take vacation leave after serving one (1) full year with the City. Under extraordinary circumstances the City may, in its discretion, permit a unit member to take vacation days prior to completion of one (1) year of service with the City. In the fourth (4 through sixth (6th) years of service, unit members shall accrue one hundred twenty (120) hours of vacation per annum. In the seventh (7`1) through tenth (10th) years of service, unit members shall accrue one hundred forty-four (144) hours per annum. After ten (10) full years of service, unit members shall accrue one hundred sixty (160) vacation hours per annum. b. Unit members hired between the first and fifteenth of the month shall be credited as per Section 6. la with vacation leave for the month of hire; unit members hired between the sixteenth and the last day of the month shall begin to accrue vacation leave ont he first day of the following month. c. It is the intent and purpose of this vacation policy that all until members avail themselves of accrued vacation time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Police Department may periodically impact the ability of a unit member to utilize any or all of his/her annual vacation accrual. therefore, it is the policy of the City that no unit member may accrue greater than the maximum number of vacation hours that the employee is eligible to earn in any consecutive two (2) year period. Upon accrual of said maximum vacation hours, no unit member shall accrue any additional 10 vacation hours unless and until utilization of accrued vacation time results in the employee 's vacation account totaling less than the maximum hours. Employees having accumulated said maximum vacation hours as of the effective date of this MEMORANDUM OF UNDERSTANDING shall not loose any excess vacation hours. However, and as indicated herein, said employees shall not accrue any additional vacation time unless and until their individual vacation accounts total less than the maximum. In the event that any unit member has both exercised his/her vacation buy back option pursuant to paragraph (f), requested and been denied the usage of vacation time, and is thus unable to accrue additional vacation time because of having reached the maximum hour limitation, then the employee 's additional monthly vacation accrual shall be converted to cash at the then existing hourly rate, distributed to the employee in such format, but shall not be included within the employee 's vacation account. d. In the event one or more holidays fall within an annual vacation leave, such holiday shall not be charged as vacation leave, and the leave shall be extended accordingly. e. Unit members who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination at the hourly rate of pay at the time of termination. f. Vacation Buyback : Effective November 15 of each year, an employee may elect, at his/her option, to cash in up to a maximum of (80) hours of accrued vacation. In order to exercise this option, an employee must have a minimum of eighty (80) hours still "on the books "after the cash in. Payment shall be made at the employee 's base salary rate. g. Scheduling of Vacation Usage : Each affected employee shall be entitled to written notice from the department head no less than six (6) months in advance of the requested dates for use of accrued vacation, as to department head 's approval or disapproval of the same. Accordingly, affected employees shall be allowed to make application for further vacation usage, more than six (6) months in advance of the requested usage dates. 6.3 Military Leave : Military leave shall be granted in accordance with the applicable provisions of State law. 6.4 Jury Leave: Any employee who is called or required to serve as a trial juror shall be entitled to a leave of absence during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between his/her full salary and any payment received by him/her except travel pay for such duty. 11 6.5 Extended Leaves of Absence : The City Manager may, upon written request of a regular full-time employee, grant a leave of absence without pay for a period not to exceed one (1) year. Failure on the part of the employee on leave, or within a reasonable time after notice by the City Manager to return to duty after such leave, shall be cause for discharge. 6.6 Serious Family Illness: Each calendar year unit members may take up to three (3) days Serious Family Illness leave in cases where their absence is required due to sickness or disability in the immediate family. The immediate family means the unit member 's spouse, child, parent, brother or sister, and may include a grandparent or grandchild if residing with the unit member . In emergency situations, additional Serious Family Illness leave may be granted at the discretion of the City. Serious Family Illness leave shall be granted by the City Manager when, in the judgment of management the relationship between the sick or disabled person and the unit member warrants the use of such leave. Serious Family Illness leave shall not accumulate from year-to-year. Unit members shall furnish, if required by the Police Chief, satisfactory proof showing the nature and extent of the illness or injury to justify the absence. 6.7 Each unit member may take up to five (5) calendar days Bereavement leave per calendar year in the event of the death of a member of the immediate family, as defined in Paragraph 6.6, above. Upon application being made to the Police Chief pursuant to this MOU and pursuant to applicable City Personnel Rules and Regulations, said bereavement leave can be supplemented by accumulated vacation leave, compensatory time off or floating holiday. ARTICLE WI Holidays 7.1 Unit members shall be granted the following holidays: a. New Year 's Day (January 15) b. Lincoln 's Birthday (February 126) c. Washington 's Birthday (3'd Monday in February) d. Memorial Day (last Monday in May) e. Independence Day (July 4) f. Labor Day (11 Monday in September) g. Columbus Day (2nd Monday of October) h. Veteran 's Day (November 11th) i. Thanksgiving Day and the day after (4th Thursday in November and the day after) j. Christmas Day (December 25th) k. Floating Holiday - each affected employee shall be allocated one (1) floating holiday during each calendar year. The holiday shall be utilized subject to 12 authorization by the department head and if not utilized, shall not accrue from year to year. Additionally, such holiday shall not be convertible to cash distribution. 7.2 When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. 7.3 If a holiday occurs on a day which is the employee 's regular day off, he/she shall be entitled to holiday pay in the amount of eight (8) hours at straight time. 7.4 If an employee works on a holiday, he/she shall be entitled to holiday pay in the amount of eight (8) hours at straight time. 7.5 At the discretion of the department head all non -essential employees may be given the holiday off with pay in lieu of pay. 7.6 Procedure On Calling In Sick On Holidays: When an employee calls in sick on a holiday, which holiday is a normal duty shift, the employee shall not be entitled to holiday pay. If the employee is entitled to holiday pay due to his hire date, on the day the employee calls in sick, the employee shall be credited with a day off in lieu of holiday pay. If the employee is not entitled to the earned holiday due to the employee 's hire date, the employee shall be charged a sick day if such day is accumulated. 7.7 Effective September 1, 1984, earned Holiday pay shall be payable on or about December 18th of each year. ARTICLE VIII Working Hours and Overtime 8.1 Fach affected sworn employee except those sworn and non -sworn employees described below as being eligible to work an alternative flex time schedule, shall be in actual attendance on duty for a minimum of twelve (12) hours on each day that the employee is assigned to work. Each such twelve (12) hour period on duty shall constitute one (1) work day. Said twelve (12) hour period shall include a thirty (30) minute lunch period and two (2) breaks of ten (10) minutes duration. 8.2 All sworn employees except those sworn and non -sworn employees described below as being eligible to work an alternative flex time schedule, shall be regularly scheduled to work fourteen (14) days in each twenty-eight (28) day work period (see Article 8.3) and subject to the needs of the department shall regularly be provided fourteen (14) scheduled days off during each twenty-eight (28) day work period subject to the needs of the department day work period. 13 Pursuant to the Fair Labor Standards Act, sworn employees are entitled to overtime at one and one-half (11/2) times their regular rate of pay for all hours worked in excess of one hundred -seventy-one (171) in the stated twenty-eight (28) day work period - see Article 8.3 and 8.4 regarding "time not considered as time worked. " However, the City shall also provide the following overtime benefits that shall be credited against required FLSA overtime payments. Said overtime program is as follows: All sworn employees regularly scheduled to work the above described fourteen (14) days in each twenty-eight (28) day work period and who work in excess of eighty (80) hours during any fourteen (14) consecutive day work period as designated by the City, shall be entitled to overtime payments equivalent to one and one-half times the employee 's hourly rate (as opposed to "regular rate "as mandated by the FLSA). Sworn employees regularly scheduled to work twenty (20) days in each twenty-eight (28) day period shall also be eligible for overtime payments equivalent to one and one-half times the employee 's hourly rate (as opposed to "regular rate "as mandated by the FLSA for hours worked in excess of forty (40) hours during any seven (7) consecutive day work period as designated by the Act. In addition, and only as regards this non-FLSA overtime program, "time worked ", shall include as an eight (8) hour period of time, holidays described in Article VII of this MOU. Nonetheless, and in determining any overtime amounts due the employee pursuant to the FLSA, neither such holiday hours or any other paid leaves of absence, shall be considered "time worked. " (See article 8.4). Each employee classified and/or assigned as a Police Detective, Secretary, Records Clerk, Dispatcher (or other non -sworn position), shall be in actual attendance on duty for a minimum of eight (8) hours on each day that the employee is assigned to work. Each such eight (8) hour period on duty shall constitute one (1) work day. Said eight (8) hour period shall include a thirty (30) minute lunch period and two (2) breaks of ten (10) minutes duration. All employees classified and/or assigned as a Police Detective, Secretary, Records Clerk, Dispatcher (or other non -sworn position), shall be regularly scheduled to work twenty (20) days in each twenty-eight (28) day work period (see Article 8.3) and subject to the needs of the department shall regularly be provided eight (8) scheduled days off during each twenty-eight (28) day work period subject to the needs of the department. 8.3 Time Worked : The maximum number of hours worked for Non -Sworn personnel per each seven (7) day work period paid at the regular rate of pay shall be forty (40) hours inclusive of breaks. The maximum number of hours worked for Sworn personnel per each twenty-eight (28) day work period paid at the regular rate shall be one hundred seventy one (171) hours inclusive of breaks. 8.4 Time Not Considered As Time Worked : The following activities shall not be considered time worked, except as provided for in this Memorandum of Understanding: 14 a) Meal breaks - except as authorized by this MOU. b) Leave of absence (vacation leave, sick leave, holiday leave, IOD, etc). c) All travel time to work and returning home in either personal or city vehicle. d) All time in off -duty training assignments (home work, study time, meal time, sleep time, etc). e) All off -duty travel to training sites and returning home. 0 All time putting on and taking off uniforms. g) All time for personal preparation and clean-up. h) All off -duty time spent in vehicle, equipment, and/or animal maintenance. i) All time worked for which unit employees have already been paid at one and one-half (1 1h) times their regular rate of pay within their 171 hours, twenty-eight (28) day work period for Sworn personnel and within forty (40) hours, seven (7) day work period for Non -Sworn personnel. j) All time spent on court standby time. k) All sleep time and meal time as defined with special detail in excess of twenty-four (24) hours. 1) All time assigned on standby assignment and/or assigned recall devices. m) Any time not authorized as work time. 8.5 Modified Work Schedule : As regards the classification and/or assignments of Police Detective, Secretary, Records Clerk, Dispatcher (or other non -sworn position), the City agrees to conduct a feasibility study with respect to the implementation of a modified work schedule in the police department. On completion of the study, the City shall make the study available to the Association. Upon request of the Association the City will meet and discuss the results and recommendations of the study. These meetings are not to be characterized as "meet and confer " or "meet and consult " within the meaning of Government Code Sections 3500 et. seq. The decision to implement any modified work schedule is at the sole discretion of the Chief of Police and the City Manager. If implemented, the modified work schedule may be revoked at any time by the City. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to "meet and confer " or "meet and consult " prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action. 8.6 Compensatory Time Off: The City presently provides each effected employee with the option of receiving earned overtime in cash payments distributed following each appropriate twenty-eight (28) day work period or, at the employee 's discretion, the option of designating each overtime hour worked, multiplied by a factor of 1.5, to be credited to a compensatory time off account, in a maximum amount of forty (40) hours as determined after multiplication of hours by the 1.5 factor. Said account and maximum accrual limitation remains in full force and effect but shall represent overtime resulting from non -training work 15 activities by effected employees. In addition to the above compensatory time off account, there shall be created a second, separate and distinct compensatory time off account that shall likewise have a maximum accrual of forty (40) hours and which shall be funded by the same arithmetic formula as described above. However, this second and distinct compensatory time off account shall be funded only by overtime work hours that result from effected employee participation in Department mandated training courses. Such training courses include, but are not limited to, range qualification, defensive tactics training and baton training. Additionally, neither of the above two (2) compensatory time off accounts shall be convertible to cash except at the time of the employee 's separation from employment with the City. Absent any said separation, the accruals shall be distributed only as time off. Either of the compensatory time off accounts described herein may be carried over from year to year (with no greater than forty (40) hours accumulated in each account) at the employee 's option. 16 ARTICLE IX Personnel Reduction Procedure 9.1 Seniority : When the CITY orders a reduction in the work force, the layoff of unit members shall be based upon seniority within the classification. 9.2 Seniority Date : A unit member 's seniority date shall be the first day he/she rendered service for the CITY. The seniority date of a returning unit member, after resignation or termination, shall be the first working day after the break in service. 9.3 Probationary Employees : Unit members on probationary status (new employees and promotional employees) shall be laid off before permanent employees in the same classification. 9.4 Ties in Seniority : Unit members in the same classification with equal seniority shall be laid off based upon past performance ratings and relative ability as determined by the CITY. 9.5 Voluntary Reduction in Rank : A unit member who is subject to layoff may, in lieu of lay-off, chose to take a reduction to a lower classification within the department provided he/she gives written notice to his/her Department Head within ten (10) calendar days after receiving a notice of layoff. In order to exercise bumping rights, the unit member seeking a voluntary reduction in rank must have previously served in the lower classification, and he/she must have seniority as a sworn officer or non -sworn member of this represented until over the unit member being displaced. 9.6 Notice : The CITY shall give affected unit members written notice fourteen (14) days prior to the effective date of the layoff. Under emergency circumstances, the notice period may be shortened. 9.7 Re-employment : Unit members laid off or taking voluntary reduction in service shall be re-employed in the inverse order of their layoff or reduction in rank. Unit members laid off or taking a voluntary reduction in rank shall be maintained on the re-employment list until such unit member once refuses to accept reinstatement. ARTICLE X Grievance Procedure 10.1 Grievance : A "grievance " shall mean a written allegation by a unit member that a violation, misinterpretation, or misapplication of the specific terms of this MOU has occurred. 17 10.2 Representatives : The unit member, administrator or CITY may be represented during any step of this procedure, except informal conference, by any person designated by such party to act on his/her behalf. 10.3 Days: Reference to "days" regarding time periods in the procedure shall mean work days. A work day is defined as all week days not designated as holidays under the terms of this MOU. 10.4 Time Limitation and Waiver : A grievance shall not be valid unless it is submitted to the CITY 's designee, on the prescribed form setting forth the facts and the specific provision of the MOU allegedly violated and the particular relief sought within fifteen (15) days after occurrence of the date the event giving rise to the grievance. Failure to appeal a grievance from one level to another within the time periods provided shall also constitute a waiver of the grievance. Failure by the CITY 's representative to issue a decision within the time periods provided herein shall constitute a denial of the grievance and the grievant may appeal to the next level. The CITY 's representative, prior to issuing a decision at Step One (1) or at Step Two (2), shall meet the grievant and his/her representative, if any. 10.5 Informal Conference : Prior to filing a grievance, the unit member must discuss the grievance with his/her immediate supervisor to adjust the alleged grievance informally. 10.6 Step 1: If the grievance is not resolved through the informal conference with the immediate supervisor, the unit member must file a grievance with the Division Commander or the Police Chief 's designee within the time prescribed in Paragraph 10.4. A written decision shall be given to the grievant within ten (10) days after receipt of the grievance. 10.7 Step 2: If the grievance is not resolved at Step 1, the grievant shall have five (5) days after receipt of the Step 2 decision to file a written appeal to the Chief of Police. The Police Chief shall give his/her written decision to the grievant within ten (10) days after receipt of the appeal. 10.8 Step 3: If the grievance is not resolved at Step 2, the grievant shall have five (5) days after receipt of the Step 2 decision to file a written appeal to the City Manager. The City Manager shall give his/her written decision to the grievant within ten (10) days after receipt of the appeal. 10.9 Mediation : After a decision is issued at Step 3, and prior to appeal to Step 4, the parties may jointly agree to submit the dispute to the State Conciliation Service for mediation. If the dispute is not resolved in mediation, the grievant shall have five (5) days after the meeting date with the mediator to appeal to Step 4. 18 10.10 Step 4: In the event the grievance is not resolved at Step 4 or mediation, the grievant shall have five (5) days after the last day of mediation, whichever is applicable, to file a written appeal with the City Manager for a hearing before the City Council. Such appeal shall be filed with the City Clerk no later than the next regularly scheduled council meeting. The City Council shall give the grievant written notice of the date and time of the hearing which shall be conducted within forty-five (45) days after such notice is given. 10.11 Hearing Procedure : The hearing shall be conducted before the City Council in executive session. Both parties may call witnesses, cross examine witnesses and introduce exhibits into evidence. The Mayor or his designee shall determine matters of procedure and rules on questions of evidence. The grievant may, if he/she chooses, be represented by counsel or other person of his/her choosing. 10.12 Final Decision : Within twenty (20) days after the hearing, the City Council shall give its written decision to the grievant, which decision shall be final and binding . AR 1'1CLE XI Specialty Programs 11.1 Specialty Programs a. Senior Officer Program - Effective upon adoption of this MOU, the senior officer program shall be modified as follows: First, the uniform sleeve patch consisting of two stripes shall be eliminated from the uniform worn by individuals assigned to the senior officer program. Second, individuals initially assigned to the senior officer program following the adoption date of this MOU shall be in receipt of "satisfactory " evaluation reports during the two (2) years immediately preceding appointment to the senior officer program, shall be in possession of an intermediate post certificate and shall have completed prior to assignment to the senior officer program four (4) years of sworn police officer law enforcement experience with the last such year having been served in the employ of the City of San Jacinto. Third, assignment to the senior officer program shall be pursuant to an advisory three sergeant panel (with the panel consisting of sergeants selected at the sole discretion of the Chief of Police), with the final determination as to assignment to the program being made at the sole discretion of the Chief of POlice. The determination of the Chief of Police shall not be subject to administrative or judicial challenge. b. Dispatcher II - Effective upon adoption of this MOU, the dispatcher II program shall be modified as follows: 19 First, individuals initially assigned to the dispatcher II program following the adoption date of this MOU shall be in receipt of "satisfactory " evaluation reports during the two (2) years immediately preceding appointment to the dispatcher II program, and shall have completed prior to assignment to the dispatcher II program, four (4) years of law enforcement dispatching experience with the last such year having been served in the employ of the City of San Jacinto. Second, assignment to the dispatcher II program shall be pursuant to an advisory three sergeant panel (with the panel consisting of sergeants selected at the sole discretion of the Chief of Police), with the final determination as to assignment to the program being made at the sole discretion of the Chief of Police. The determination of the Chief of Police shall not be subject to administrative or judicial challenge. c. Corporal Classification - On or about November 16, 1993, the City Council lawfully adopted the corporal job description and did thereby lawfully create the classified position of police corporal. Subject to the eligibility requirements set forth therein, appointments shall be made to said classification in accord with all applicable City rules, regulations, policies and procedures and at the discretion of those City officials entrusted with the authority to make said appointments. The salary attendant to said position shall be established via the meet and confer process. ARTICLE XII Drug and Alcohol Free Workplace Policy 12.1 The parties have met and conferred in good faith regarding the adoption of a drug and alcohol free workplace policy and the same is attached hereto as Exhibit B and deemed implemented upon adoption of this MOU. ARTICLE XIII Harassment In The Workplace Policy 13.1 The parties have met and conferred in good faith regarding the adoption of a harassment in the workplace policy and the same is attached as Exhibit C and shall be deemed implemented upon adoption of this MOU. ARTICLE XIV 14.1 The provisions of this MOU shall apply to all persons covered by this MOU without discrimination on account of sex, age, race, color, national origin, or creed; nor will there be discrimination in respect to hiring and retention or any condition of employment because of membership in or activities on behalf of the Association. 20 14.2 The Association has no restrictions on membership based on sex, age, color, race, national origin or creed. ARTICLE XV 15.1 During the term of this MOU, the parties shall not meet and confer with the respect to any subject or matter whether or not referred to in this MOU, unless mutually agreed otherwise. 15.2 Reopener : The parties to this Agreement acknowledge that during its term the City may present to the Association proposals for adoption of amended City Personnel Rules and for adoption of a salary plan for the position of corporal. The parties shall engage the meet and confer process in said regard(s) upon request to do so by either party. 15.3 Hemet Racquetball Club: The City presently pays on behalf of each effected employee a $3.00 per day user fee for each employee utilizing the facilities at the Hemet Racquetball Club. During the term of this agreement, the parties shall meet and confer regarding such term and condition of employment. ARTICLE XVI Savings Clause 16.1 Should any provision of the MOU, or any application thereof, be unlawful by virtue of any Federal, State or local laws and regulations, or by any court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision. But in all other respects, the provisions of the MOU shall continue in full force and effect for the term thereof. SAN JACk a OLICE OFF ERS S OCIA 0 ap ita o/. epresentative CITY OF SAN JACINTO c)-/Vq11 Pamela S. Easter, City Manager Date Anna Vega, City Negoti c„- Barry ffackiund, City Negotiator Date /2 - Date 21 Appendix RANGE STEP STEP STEP STEP STEP 25 1.674 1.758 1.847 1.941 2.039 26 1.716 1.802 1.894 1.980 2.090 27 1.758 1.847 1.941 2.039 2.143 28 1.802 1.894 1.990 2.090 2.196 29 1.847 1.941 2.039 2.143 2.251 30 1.894 1.990 2.090 2.196 2.307 31 1.941 2.039 2.143 2.251 2.365 32 1.880 2.090 2.196 2.307 2.424 33 2.039 2.143 2.251 2.365 2.485 34 2.090 2.196 2.307 2.424 2.547 35 2.143 2.251 2.365 2.485 2.610 36 2.196 2.307 2.424 2.547 2.676 37 2.251 2.365 2.485 2.610 2.743 38 2.307 2.424 2.547 2.676 2.811 39 2.365 2.485 2.610 2.743 2.881 40 2.424 2.547 2.676 2.811 2.953 41 2.485 2.610 2.743 2.881 3.027 42 2.547 2.676 2.811 2.953 3.103 43 2.610 2.743 2.881 3.027 3.181 44 2.676 2.811 2.953 3.103 3.260 45 2.743 2.881 3.027 3.181 3.342 46 2.811 2.953 3.103 3.260 3.425 47 2.881 3.027 3.181 3.342 3.511 48 2.953 3.103 3.260 3.425 3.589 49 3.027 3.181 3.342 3.511 3.688 50 3.103 3.260 3.425 3.599 3.781 51 3.181 3.342 3.511 3.688 3.875 52 3.260 3.425 3.599 3.781 3.972 53 3.342 3.511 3.688 3.875 4.071 54 3.425 3.599 3.781 3.872 4.173 55 3.511 3.688 3.875 4.071 4.277 56 3.599 3.781 3.972 4.173 4.384 57 3.688 3.875 4.071 4.277 4.494 58 3.781 3.972 4.173 4.384 4.606 59 3.875 4.071 4.277 4.494 4.722 GO 3.972 4.173 4.384 4.606 4.840 61 4.071 4.277 4.494 4.722 4.961 62 4.173 4.384 4.606 4.840 5.085 63 4.277 4.494 4.722 4.961 5.212 64 4.384 4.606 4.840 5.085 5.342 65 4.494 4.722 4.961 5.212 5.476 OG 4.606 4.840 5.085 5.342 5.612 67 4.722 4.961 5.212 5.476 5.753 68 4.840 5.085 5.342 5.612 5.897 GS 4.961 5.212 5.476 5.753 6.044 70 5.085 5.342 5.612 5.897 6.195 71 5.212 5.476 5.753 6.044 6.350 72 5.342 5.612 5.897 6.195 6.509 73 5.476 5.753 6.044 6.350 6.671 74 5.612 5.897 6.195 6.509 6.838 75 5.753 6.044 6.350 6.671 7.009 22 POA MOU Monthly Salary EXHIBIT rIB" DRUG -FREE WORKPLACE STATEMENT 1. PURPOSE The Drug -Free Workplace Act of 1988, passed by Congress on October 21, 1988, requires all grant recipients to implement a comprehensive substance abuse policy. Under the Workplace Act, to be eligible to obtain a federal grant, an employer must certify to the granting agency that it will provide a drug -free workplace. It is the intent of the City of San Jacinto to maintain a safe, healthful and productive work environment for all employees. To accomplish this, the City will act to eliminate any drug abuse which increases the potential for accidents, absenteeism, low standard performance, poor employee morale or damage to the City's reputation. Everyone covered by this statement should be aware that violations of this policy may result in discipline, up to and including termination, a requirement that the employee participate in a drug assistance or rehabilitation program, or in not being hired. Because it is widely recognized that drugs hinder one's ability to perform work safely, productively and effectively, the following statement is hereby adopted by the City of San Jacinto. 2. STATEMENT The City of San Jacinto prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. 3. ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATION OF THE PROHIBITIONS IN PARAGRAPH 2 ABOVE Within 30 days of conviction, the City shall discipline an employee, up to and including discharge, for the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. 4. NOTIFICATION OF FUNDING AGENCY IN WRITING, WITHIN TEN CALENDAR DAYS AFTER RECEIVING NOTICE OF CONVICTION BY EMPLOYEE The City will provide notice, including the position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. 5. CONDITION OF EMPLOYMENT As a condition of employment under this grant, all employees will: a. abide by the terms of this statement; and b. notify the City of San Jacinto of any criminal statute conviction for a violation occurring in the workplace no later than five (5) days after the conviction. 6. CONSENT CONSENT: I have carefully and thoroughly read the City of San Jacinto's drug - free workplace statement. I agree to follow that statement. DATE: Employee's Signature Employee's Name (Printed) 2 4 DRUG A CITY OF S a JACINTO OHOL F E LACE POUCY Because drug and alcohol use can detrimentally affect job performance and employee safety, the City is committed to achieving and maintaining a drug and alcohol free workplace. While the City has no intention of intruding into the private lives of it's employees, it will be firm in identifying and disciplining those employees whose impaired mental or physical condition, as a result of drug or alcohol use, may endanger the health or safety of fellow employees and the public at large, or interfere with the operations of the City. While on paid duty time, the employee shall not drink alcoholic beverages or use illegal drugs or controlled substances. The employee shall not work or be at work while under the influence of any of the abovementioned, or in the case of controlled substances, without authorization from a medical doctor and one's supervisor. The unlawful manufacture, distribution, dispensing, po ion, or use of any illegal drug or "controlled substance is prohibited on the job, in the City's workplace, or while subject to duty (Le. stand-by). This policy shall not prohibit the consumption of alcoholic beverages by City employ - at City sponsored events where alcohol is served. For the purpose of this Policy, the following shall be defined as follows: "Controlled Substance" denotes any substance which could potentially impair the employee's ability to effectively and safely preform the functions of his or her duties, including, but not limited to: alcohol, coca leaves, cocaine, marijuana, opium and opiates, amphetamines, methamphetamines, lysergic acid (L.S.D.), etc. As outlined below, certain prescription drugs and medications shall also be classified as controlled substances. 2. "Conviction" is a finding of guilt (including a plea of no contest), an imposition of sentence, or both, by any judicial •• charged with the responsibility to determine violations of the Federal or State criminal drug statutes. 3. "Criminal drug statute" is a criminal statute involving the manufacture, distribution, dispensation, use, or possession of any illegal drug or controlled substance. The use of prescription drugs which would not alter an employee's work performance is acceptable, if prescribed by a qualified physician. Employees must notify their supervisor before beginning work when taking drugs (prescription or non-prescription) which may interfere with the safe and effective performance of their duties. In the event there is a question regarding an employee's ability to perform assigned duties safely and effectively while using such drugs, clearance from a qualified physician may be required before the employee is allowed to resume his or her regular duties. Toward reaching this goal of a drug and alcohol free wor-kplace, the City may conduct pre -employment drug or alcohol testing of applicants for City positions. Pre -employment drug or alcohol tests shall apply only to non -City employees; City employees who apply for another City position shall not be subject to pre -employee drug or alcohol tests. Any applicant who tests positive, shall not be hired by the City. The City also reserves the right to require that an existing loyee undergo testing if the City determines that reasonable suspicion exists to believe that the employee is under the influence of any illegal drug or controlled substance, as identified in this Policy. Employees who (1) refuse to submit to a drug or alcohol test i - • lately when requested by authorized City or law enforcement personnel; (2) refuse to submit to a search of personal properties if requested by law enforcement personnel; or (3) are "convicted" of a "criminal drug statute" violation, shall be subjed to the disciplinary procedures which are outlined in this Policy. All City lockers, desks, cabinets, vehides, computer files, and disks are the property of the City and are subject to search without the employees consent by City management at any time upon notifying the employee of the City's intent. In the event that the employee cannot be contacted after a reasonable att- • , the City will conduct a search without such notification. Refusal to cooperate with a search may result in a disciplinary action, up to and including termination. Unless supervisors are directed otherwise by the Personnel Officer, employecs will be given the opportunity to be present when the search is conducted. In appropriate cases, such as a first offense, the City should make every effort to place an employee with an available employee assistance program or service for the purpose of rehabilitation, in -lieu of disciplinary action or criminal prosecution. If, in such cases the employee refuses to attend an employee assistance program or service, he or she will be subject to the disciplinary procedures which are outlined in this Policy. 2 6 DRUG CITY OF S JACINTO OHOL FREE LACE POLICY I LE NTAT1ON 1 Purpose: As outlined in the City's " Drug and Alcohol Free Workplace Policy," the City of San Jacinto is committed to maintaining a drug and alcohol free workplace. Toward that end, this Administrative Policy provides guidelines for the detection and deterrence of alcohol and drug use, while attempting to ensure that everyone is treated fairly and with confidentiality. The responsibilities of City management and other employees are also outlined. 2. Detection and Deterrence of Drug and Alcohol Use: Managers and supervisors may request that an employee submit to a drug or alcohol test when "reasonable suspicion" exists to believe that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to duty (i.e. on paid stand-by time). For the purposes of this Policy "reasonable suspicion" is a belief based upon objective facts which is sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol. Mile it is recognized that certain medical problems may cause similar symptoms, any combination of two or more of the following (A-H) may constitute "reasonable suspicion"; A Physical or verbal altercation. B. \Alde and severe mood swings. C. An accident involving City property, where it appears that the employee's conduct may be at fault. D. Unsteady walking and movement. E. Blank, glassy -eyed stare. F. Slurred or thick speech. G. Inability to perform work properly. H. Behavior which is unusual for the employee. In addition, any of the following (I-K), alone or in conjunction with each other or those symptoms listed above, may constitute probable cause; I. Possession of drugs or alcohol in the workplace or on City property. 2 7 J. Alcohol or other suspicious odor (I.e. marijuana) on breath. K Direct observation of use or possession. Reasonable suspicion shall, whenever possible, be evaluated based on personal observation by a manager or supervisor who is familiar with the employee's normal behavior, and this person may request that the employee submit immediately to a drug or alcohol test. If no one is available who is familiar with the employee's normal behavior, then at least one other manager or supervisor shall be consulted before a drug or alcohol test is requested. Information which is obtained from a reliable person with personal knowledge of the employee may also be utilized in appropriate circumstances. In the event that an employee suspects that his or her manager or supervisor is under the influence of drugs or alcohol, the employee may submit a written or oral complaint which contains detailed evidence regarding the allegation of substance abuse to his or her Department Head or the Personnel Officer. Such complaints, if made in good faith, may be made without fear of repnsal. If the written or oral complaint establishes reasonable suspicion, the manager or supervisor may be required to submit to a drug or alcohol test. Any reports or complaints which are filed as a result of this Policy and are determined to be malicious, vexatious, or not in good faith, shall not be tolerated. In such cases, the complaining individual shall be subject to disciplinary action. This applies to all managers, supervisors, and other employees who file a report or complaint which relates to drug or alcohol use. 3. Employee Responsibilities: An employee shall: A. Not report to work or be subject to duty (i.e. paid stand-by time) while the employee's ability to perform his or her duties is impaired due to drug or alcohol use. B. Submit I lately to an alcohol or drug test when requested by an authorized City representative, who has reasonable suspicion to suspect drug or alcohol abuse or impairment therefrom. C. Before beginning work, notify his or her supervisor when taking any drug or medication (non-prescription or prescription), which may interfere with the safe and effective performance of duties or operation of City equipment. D. Have the opportunity, within forty-eight (48) hours of request by an authorized City representative, to provide verification of a current prescription for any potentially impairing drug or medication which is identified in a drug test, as outlined in this Policy. The prescription must be in the employees name. 2 8 4. Management Responsibilities: Managers and Supervisors shall: A Be responsible for enforcing this policy in a fair and consistent manner. B. Encourage employees to utilize an available employee assistance program or service when the employee's job performance is deteriorating or unsatisfactory, the employee does not respond to supervisory remedies, or when a specific on-the-job incident is cause for concern. As the supervisor's role is to monitor job performance, the supervisor should not att- • to diagnose an - .loyee's problem. C. Document, in writing, the facts constituting reasonable suspicion, within forty-eight (48) hours of requesting an employee to submit to a drug or alcohol test. Any employee who refuses to submit to a drug or alcohol analysis upon request shall be advised of the requir s of this policy and the consequences of refusal. Where there is reasonable suspicion to believe that the employee is then under the influence of alcohol or drugs, the manager or supervisor shall require the rep -ntative or law enfor nt representative can arrange to transport the employee to a testing facility, or home in the event of the employee's refusal to submit to a drug or alcohol test. Any time spent remaining on the premises at the request of a supervisor or manager or time spent for City -required drug or alcohol testing shall be considered work time and shall be paid for by the City. D. Not confiscate prescription drugs or medications from an employee who has a valid prescription for such. The prescription must be in the employees name. E. •-.J with suspected offenders as discreetly, inconspicuously, res Ily, and confidentially as possible. F. Notify their Department Head or designee when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the City. If the Department Head or designee concurs that there is reasonable suspicion that an employee is possession of illegal drugs, the manager or supervisor shall not physically search employees or their personal possession, but should request that they remain on the premises until the appropriate law enforcement agency has arrived. G. May search areas which are jointly or fully controlled by the City. In the event such an area is occupied by a Peace Officer all searches shall be 29 consistent with Government Code Section 3309 (Police Officer Bill of Rights). H. Management shall not use authority under these rules to unlawfully harass, intimidate, or discriminate against employees. 5. Drug and Alcohol Testing: The drug or alcohol test may be used to test for any substance which could impair an applicants' or employee's ability to effectively and safely orm the functions of his or her job. A more sensitive, confirmatory test will be conducted if the first test is positive. The laboratory conducting the tests will not release any information to the City until this confii rdlory test is completed. Drug or alcohol tests shall be conducted in the following manner A. Pre -Employment Drug or Alcohol Tests: As outlined below, a positive result form a drug or alcohol test shall result in an applicant not being hired. This p loyment drug or alcohol testing shall apply only to non -City employcca, City employees who apply for another City position shall not be subject to pre -employment drug or alcohol tests. If the confirmatory pre -employment drug or alcohol test is positive, the applicant shall have the opportunity, within twenty-four (24) hours of the request, to provide verification of a current prescription of the drug identified in the test. If the applicant does not provide acceptable verification, if the prescription is not in the applicant's name, or if the drug is one which is likely to impair the applicant's ability to perform the required job duties, the City will consult with the City's Physician to determine the degree of potential impairment, and the applicant's suitability for employment. B. Employee Drug or Alcohol Tests: If an employee is requested to submit to a drug or alcohol test, and the results are positive, the employee shall have the opportunity, within forty-eight (48) hours of request, to provide verification of a current prescription for the drug identified in the test. If the employee does not provide acceptable verification, if the prescription is not in the employee's name, this drug or if the employee has not previously notified his or her supervisor of the use of this drug, the employee may face mandatory referral to an employee assistance program or service and disciplinary action. If, in such cases, the employee refuses to attend an employee assistance program or service, he or she will be subject to the disciplinary procedures which are outlined in the Personnel Rules. 30 6. Employee Confidentiality: Employees will be notified of the purpose for collecting urine prior to its collection for a drug test under this Policy. Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Personnel Officer. The reports or test results may be disclosed to management or supervisors on a strictly need -to -know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: (1) the info ion is compelled by law or by judicial or administrative process; (2) the information has been placed at issue in a formal dispute between the loyer and employee; (3) the information is to be used in administering an employee benefit plan; (4) the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 7. Employee Consent: I have carefully and thoroughly read the City of San Jacinto's Drug and Alcohol Free Workplace Policy and Policy Implementation. I ag without reservation to follow that Policy. Date loyee Signature Job Title Employee Name (Printed) 31 EXHIBIT "C" HARASSMENT IN EMPLOYMENT POLICY Purpose To define and issue to ail employees the City's policy on the prohibition of harassment in employment. Policy Harassment of an applicant or employee by a supervisor, management employee or co-worker on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation or age will not be tolerated. Harassment, as defined in this section, violates Title VII of the Civil Rights Act of 1964, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and the California Fair Employment and Housing Commission. Violation of this policy shall generally constitute just and reasonable cause for discipline, up to and including termination. Definition Harassment includes, but is not limited to: a) Verbal Harassment - For example, epithets, derogatory comments or slurs made in violation of the policy statement above. b) Physical Harassment - For example, assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual in violation of the policy statement above. c) Visual Forms of Harassment - For example, derogatory posters, notices, bulletins, cartoons, or drawings distributed, posted or otherwise provided in violation of the policy statement above. d) Sexual Favors - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit, unreasonably interferes with an individual's work performance or creates an offensive work environment. Pre -Grievance Process An employee who has been harassed on the job should inform the employer, its agents or supervisors of the grievance. To accommodate the unique nature of harassment complaints, a pre -grievance process is provided for the primary purpose of resolution of a complaint at the earliest possible date. Elements of this process are: a) Complaint Advisor - The City's Personnel Officer will be available to receive harassment complaints. Functions of this advisor will include but not be limited to: Advise the employee and outline the options available. ii. Obtain a factual, written statement of the complaint for the affected department head. iii. Assist in follow-up investigation, interview accused, witnesses and supervisors as appropriate, and recommend disposition of the 3 2 complaint and the outcome of the matter. b) Department Head - Authorizes investigation of the complaint, review factual information collected to determine whether the alleged conduct constitutes harassment, giving consideration to the record as a whole and the totality of circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance and the context in which the alleged incident occurred. Takes_and/or authorizes appropriate action. c) Harassment in the Chain of Command - Should an allegation of harassment involve the employee's Department Head, the Complaint Advisor may take the case to the City Manager. Should a complaint involve the City Manager, the Complaint Advisor may take the case to the Police Chief. Should an allegation of harassment involve the Personnel Officer, the City Manager shall appoint a Department Head to act as Complaint Advisor in the case. d) Confidentiality - Effort will be made to protect the privacy of the parties involved in a complaint. Files pertaining to complaints handled under the grievance process will not be made available to the general public. Files pertaining to complaints will be kept in a secure location in the City's Personnel Office. e) Timeline - A response shall be given to the complainant within 30 days of the date that the initial complaint was received by the Complaint Advisor. The complainant will be advised as to the progress of the investigation, and when to expect a recommendation for appropriate action. Formal Grievance Process Formai grievance procedures of the City, as described in the City's Personnel Rules, are available for resolution of complaints alleging harassment if the complaint is not adjusted to the satisfaction of the employee in the pre -grievance process. a) Extension of Time Reauirernents - Time limits specified in the formai grievance procedures may be extended if pre -grievance procedures for a harassment complaint were initiated within the applicable time limits for filing a formal grievance. In these instances, if the complaint is not adjusted to the satisfaction of the employee, the time limits for filing a formal grievance should begin as of the date of notification of action taken by the Department Head. If the employee did not initiate pre -grievance procedures within the time limits of the applicable formal grievance procedure, the City's Personnel Officer may recommend extension of the filing deadline for a formal complaint. it should be reemphasized that the City wishes to know of any complaint alleging harassment as soon as possible after it occurs. b) Waiver of Informal Step - Preliminary informal steps to resolve a grievance may, depending on circumstances of the complaint, be waived and the formai grievance initiated at an appropriate higher step in the process. Dissemination of Policy All employees, supervisors and managers shall be sent copies of this Policy and this Policy shall be posted in appropriate places. 3 3 STAFFREPRT TO: Honorable Mayor and Members of the City Council FRt3M: Brian. McNabb Director of Community Developmen via Pamela S. 'Easter, City Manager DATE: , . December 1994 SUBJECT: RE OLUTI >N A IC► COOPERATIVE AGREEMENT TO CONTINUE A PRO RAM THAT ALLOWS THE COUNTY OF RIVERSIDE TO ADMINISTER THE MORTGAGE CREDIT CERTIFICATE PROGRAM FOR. THE CI" I'Y OF SAN JACINTO RECOMMENDATION Staff recommends that the City Council approve this Resolution and Cooperation Agreement. DISCUSSION The Mortgage Credit Certificate ° Program (MCC}' assists, low and moderate income, first time homebuyers by providing a tax credit equal to 20% of the mortgage interest paid in given year. The tax credit increases the cash flow of the homebuyer and assists in qualifying the mortgage. Exhibit"A" shows an example of the benefits of having an MCC. For the past four years the County of. Riverside has successfully administered this program for the City of San Jacinto. The most recent allocation of June 1994, was for 8,000,000 in Mortgage Credit authority and allows the County to issue $2,000,000 in MCCs. The County began issuing MCCs under this allocation on September 22, 1994 and to date has issued MCC commitments for almost two-thirds of the available funds. It is the County's intent to operate this program on an ongoing basis and to ensure that funds. remain available. Therefore, the County is presently preparing another MCC application to the California Debt Limit Allocation. Committee for a 1995 Allocation of Mortgage Credit Certificates. The 1995 allocation requested for San Jacinto is $2,200,000.00. Exhibit "B" shows previous MCC activity in both San Jacinto and the County. Our Allotment is reserved for San Jacinto homebuyers for six months then reverts to a County wide pool. 2,200,000.00 will fund approximately 27 Certificates. Attachment: Resolution and Cooperation agreement Table 1 Effective Home Buying Power With and Wilhout a,MCC First Mortgage Amount Mortgage Interest Rate Monthly Mortgage (Principal & Interest Only) MCC Rate Monthly Credit Amount "Effective" Monthly Payment 0 Annual Income Needed * gage Without MCC $100,000 9% $804 N/A N/A $804 $34,452 With MCC $100,000 9% $804 20% $150 $654 $28.028 * Annual Income Needed is based on monthly Principal and Interest (P & I) not exceeding 28% of monthly income. Participating Cities Banning Beaumont Blythe Coachella Cathedral City Desert Hot Springs Hemet Indio Lake Elsinore Palm Desert Penis San Jacinto Total lOUUPu|nns La Uuintu Palm Springs 1888/GS $53,604 $20,405 $113.238 $O | $82.284 � $85'S56 $437'll0 $244'544 ` � $93,924 � $14,950 � $231,556 , $352.822 $l'73O.SG3 0 8 U MCC Activities 188U/81 $O $21'82S $O O $135'332 G $211,779 7 $113,981 31 $404'218 lG $174.195 5 $1\4.083 1 $15,985 14 $61,559 21 $155.131 $l.4U8'U92 8 U U $98'O8O $S3'138 0 Units 1883183 Units U $O U 1 $O D 0 $218.581 14 8 $53.400 2 ll $83.814 5 7 $16.080 1 23 $0 U 10 $53.771 3 5 $21.032 1 1 $U 0 3 $42.927 2 8 $10.151 1 $506,476 6 $26.634 2 4 $34'238 2 0 $14'111 1 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF RIVERSIDE, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE IN 1995 FOR AN ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF RIVERSIDE WHEREAS, there is a shortage in the County of Riverside (the "County") and in the City of San Jacinto (the "City") of decent housing for persons in the low and moderate end of the purchasing spectrum and a need to increase the housing supply to first-time homebuyers in the County and in the City for such persons; and WHEREAS, the Board of Supervisors of the County adopted Resolution No. 87- 564 on December 22, 1987 establishing a Mortgage Credit Certificate Program pursuant to Section 51907 et. seq. of the Health and Safety Code of the Sate of California (the "Act") and Section 25 of the Internal Revenue Code of &11986 (the "Code") to issue mortgage credit certificates to qualified first-time homebuyers by allowing them to take a tax credit equal to 20 percent of the mortgage interest paid in a given year (the "Program"); and WHEREAS, the City has found and determined that it is in the best interest of the City to participate in the Program and to consent to the operation of the Program by the County within the geographic boundaries of the City pursuant to the Act; and WHEREAS, the City has entered into a Cooperative Agreement with the County to permit the operation of the Program in the City: and WHEREAS, Section 146 of the Internal Revenue Code of 1986 limits the amount of qualified mortgage bonds that may be issued in any calendar year by entities within a State and authorizes the Governor or the Legislature of such State to provide the method of allocation within the State; and WHEREAS, Chapter 3.5 of Part 1 of Division 31 of the California Health and Safety Code (Commencing with Section 50171) governs the allocation of the State ceiling among governmental units in the State having the authority to issue qualified mortgage bonds; and WHEREAS, Section 50185 et. seq. of the Health and Safety Code and the procedures adopted pursuant thereto require a local agency to file an application with the California Debt Limit Allocation Committee prior to the issuance of qualified mortgage bonds; and WHEREAS, The City has determined to assign to the County pursuant to Section 50192 of the Health and Safety Code all of the principal amount, if any, of qualified mortgage bonds allocated to the City and to use said allocation for the issuance of mortgage credit certificates; and WHEREAS, one percent of the amount of the allocation being requested by the City is being held by the County in an escrow account; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto, as follows: Section 1: Each of the foregoing recitals is true and correct. Section 2: The City Manager, or his designee, is hereby authorized, on behalf of the City, to submit an application, and such other documents as may be required, to the California Debt Limit Allocation Committee for an allocation of $2,200,000.00 to issue qualified mortgage bonds and one hundred percent (100%) of said allocation is to be utilized for mortgage credit certificates. It is hereby authorized that, upon receipt, such allocation is to be transferred to the County, who will issue mortgage credit certificates pursuant to the terms of the Program to persons residing within the City and the County. The City Manager, or his designee, is hereby directed to take such steps and execute such documents as is necessary to effect the transfer of the allocation to the County. Section 3: The officers and employees of the City are hereby authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this resolution or the issuance of the mortgage credit certificates by the County, and all actions previously taken by such officers and employees in connection with the application for the allocation are hereby ratified and approved. Section 4: This Resolution shall take effect from and after its adoption. MOVED, PASSED AND ADOPTED by the City Council this day of , 1994. Henry Hafliger, Mayor Al i EST: Deputy City Clerk CERTIFICATE The foregoing is certified to be a true copy of Resolution No. duly adopted by the said City Council of the City of San Jacinto on the date set forth therein. Laurie Mora, Deputy City Clerk COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF SAN JACINTO THIS COOPERATIVE AGREEMENT (this "Agreement"), made and entered into as of 1994 by and between the County of Riverside, a political subdivision of the State of California (the "County"), and the City of San Jacinto a political subdivision of the State of California (the "City"). WITNESSETH: WHEREAS, the County adopted Resolution 87-564 on December 22, 1987 establishing a Mortgage Credit Certificate Program pursuant to Section 51907 et. seq. of the Health and Safety Code of the State of California (the "Act") and Section 25 of the Internal Revenue Code (the "Code") to issue mortgage credit certificates to qualified first time homebuyers by allowing them to take a tax credit equal to 20 percent of the mortgage interest paid in a given year; and WHEREAS, the City has adopted the Program and determined to cooperate with the County pursuant to the Act in the exercise of their powers under the Act for the purposes of the Program; and WHEREAS, The City pursuant to the Act and its Resolution No. adopted on , 1994, has assigned to the County its allocation for qualified mortgage bonds to be used for the Program; NOW THEREFORE, BE IT RESOLVED in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: SECTION 1: The terms used in this agreement shall, for all purposes of this Agreement, unless otherwise defined herein, have the meanings assigned to such terms in the Act. SECTION 2: The County agrees to undertake the Program using its best efforts to issue mortgage credit certificates pursuant to the Act as soon as is practicable, said mortgage credit certificates being in addition to mortgage credit certificates which the County has heretofore issued for this purpose. SECTION 3: The City hereby agrees to cooperate with the County in the exercise jointly or otherwise of their powers for the purpose of issuing mortgage credit certificates pursuant to the act by agreeing that the County shall exercise its powers to issue mortgage credit certificates under the Program, all as more specifically set forth in the Act, with respect to property located within the geographic boundaries of the City. SECTION 4: The qualified mortgage bond allocation assigned to the County by the City for the Program will be utilized consistent with Section 50197.5 of the Act. For the initial six months following the receipt and assignment of the allocations, County will use said allocation for the creation of mortgage credit certificates within the boundaries of the City. After the conclusion of said six-month period, the allocation for the Program may be used within the unincorporated county and any of participating cities. Additionally, twenty -percent of the total allocation shall be reserved for twelve months for households earning eighty percent or less of the area median income, adjusted for household size, as published by the Department of Housing and Urban Development. SECTION 5: The City agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and the intent of the Agreement. The County has entered into cooperative agreements with other cities within the County, and nothing in this Agreement shall prevent the County from entering into one or more additional agreements with other cities within the County if deemed necessary and advisable to do so by the County. SECTION 6: This Agreement may be amended by one or more supplemental agreements executed by the County and the City. IN WITNESS THEREOF, these parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized and their official seals to be hereto affixed, all as of the day and year first above written. COUNTY OF RIVERSIDE CITY OF By By Chairman, Mayor Board of Supervisors ATTEST: ATTEST: By By H:\agreemnt\MortgCre,Agm TY OF SAN JACINTO STAFF REPORT TO: .Honorable Mayor and City. Council Members . FROM: Brian McNabb,ctor of Community Development. via Pamela S. Easter, City:Manager December 20, 1994 SUBJECT: STANDARD WATER FACILITIES AND/OR SERVICE AGREEMENT ESPLANADE AVENUE WATERLINE IMPROVEMENTS NEIGHBORHOOD Rose Ranch RECOMMENDATION Authorize staff to execute Standard Water Facilities andr Service Agreement related to Esplanade Waterline improvements. FINANCIAL IMPACT This project is budgeted in the 'Redevelopment Capital Improvement budget. BACKGROUND The Council recently awarded the bid to Nottson Construction for Esplanade Avenue improvements. This bid included the installation of the missing waterline in Esplanade Avenue, which is an EMWD waterline. The total cost of the project is $224,186.00_of which the waterline cost is $50,17100. EMWD has prepared the attached agree m ment includes the following: The City pays for all EM inspection and service connections EMWD contributes $27,900 ent. In summary, the agree WD costs, associated with this project for oward this project, once it is completed Page No. 2 December 20, 1994. 3 EMWD agrees to reimburse the Clay $19,224 when the project east of the theatre develops, 4 The City agrees to turn over this waterline to EMWD upon Inal completion of the job. This job is anticipated to start in the first half of January 1995. BKM Ir, CCRPT- 4\EspWtrA rti STANDARD WATER FACILITIES AND/OR SERVICE AGREEMENT This Agreement is made and entered into this day of 199 , by and between Eastern Municipal Water District of San Jacinto , California. hereinafter referred to as District, and City of San Jacinto of San Jacinto , hereinafter referred to as Sponsor. WHEREAS. Sponsor is planning to develop [] Tract Esplanade Avenue - waterline improvements or [X] the development, within District's Improvement District No. 24 and Water Service Area No. 42 which is generally shown and depicted as the Subject Development on the map attached hereto and by this reference made a part hereof as Exhibit A: and WHEREAS., Sponsor is desirous of making financial and other arrangements with District for [X] the water system facilities to serve the Subject Development and/or for [ ] water and fire flow services therefor: and WHEREAS, the water system facilities which are generally shown and depicted as the Subject Water Facilities on the map attached hereto and by this reference made a part hereof as Exhibit B are necessary to so provide water and fire flow services for said Subject Development: and WHEREAS, the purpose of this Agreement and the hereinbelow designated exhibits, which are attached hereto and by this and other references herein made parts hereof, is to set forth and cover the detailed financial and other arrangements, by and between District and Sponsor, which shall be associated with the [X] planning, designing, furnishing, construction and installation of the Subject Water Facilities, the estimated cost of which is $ 80.250.00 as developed and shown in the Preliminary Estimate of Cost which is attached hereto and by this reference made a part hereof as Exhibit C, and the ownership, operation and maintenance thereof and/or [X] the provision of water and fire flow services therethrough for the Subject Development following their completion: and WHEREAS, upon Sponsor's fulfillment of all its obligations and responsibilities provided for in this Agreement and District's applicable Amended Rules and Regulations Governing the Provision of Water System Facilities and Service, which are hereinafter sometimes referred to as District's Rules and Regulations, and the completion of the Subject Water Facilities, District shall accept, own, operate and maintain said Subject Water Facilities and make water and fire flow services available therethrough and therefrom for Sponsor's Subject Development (and other lands, developments and inhabitants which are accessible thereto) in accord with and pursuant to said District's Rules and Regulations. NOW, THEREFORE, in consideration of the above recited premises, together with the mutual covenants hereincontained and attached hereto, it is agreed that: 1. Applicable Standard Water Facilities Agreement Related Provisions. Terms and Conditions Each and all of the provisions, terms and conditions set forth in the Applicable Standard Water Facilities Agreement Related Provisions, Terms and Conditions, which is attached hereto and by this reference made a part hereof as Exhibit D, that have been designated (by an "x" mark in the Applicable [] for that purpose) as being applicable in Paragraphs 2. and 3. hereinbelow shall be applicable for purposes of this Agreemen' and shall be appropriately applied, fulfilled and complied with by District and Sponsor 2. Sponsor's Obligations and Responsibilities Sponsor agrees to fulfill and/or perform each and all of the following listed obligations and responsibilities which are herein designated as being Applicable for Purposes of this Agreement (by an "x" mark in the [ ] for that purpose) in accord and compliance with the provisions, terms and conditions set forth in the respective referred to subparagraph(s) of attached Exhibit D and/or paragraph(s) of this Agreement: Sponsor's Obligations/ Responsibilities Relative to: A. Financial Participation in the Final Total Cost(c) B Planning, Designing & Preparation of Plans/Specifications(c) C. Furnishing & Construction(c) D. Inspection of Construction(c) E. Field Engineering Surveys & Compaction/ Materials Strength Tests F. Preconstruction Conference/Activity/ Coordination/Designation Authorized Representative G City/County Road Permits H Easements: Involving Lands of Others Involving Lands of Sponsor I Deeds: Involving Lands of Others Involving Lands of Sponsor J. Separate Cost Accounting Records K. Furnish Separate Cost Accounting Records L. Conveyance of Ownership(c) M. Payment to District to Cover District's: Engineer/Inspection Expenses Materials/Construction Expenses 2 Pursuant to: Paragraph(s) /Subpara- graph(s) of: Exhibit/ This Agree- ment(a) Not Appli- Appli- cable cable (b) (b) A.1)/4.A.&4.B. D/Hereof [X] [ ] A.2) D [X] [I A.3) D EX] [I A.4) D [X] [I A.5) D [X] [I A.6) D [X] [I A.7) D [X] [I A.8) D [I [X] A.9) D [X] [I A.10) D [ ] [X] A.11) D [I [X] A.12) D [X] [ ] A.13) D [X] [ ] A.14) [X] [] A.15)a)/6.A. D/Hereof EX] [ ] A.15)b)/6.B. D/Hereof EX] N. 0. P. Q. R. S. T. U. V. W. Irrevocable Instrument of Credit A.16)5.G D/Hereof Environmental Information/Assistance A.17) D Sponsor Holding District Harmless A.18) D Payment of Applicable District A.19)/6.C.,6.D., Charges 6.E. & 6.F. D/Hereof Billing to District for District's Fixed Final Financial Participation A.20) D Annexation of Land to Improvement District A.21/13. Formation of New Improvement District A.21/13. Assessment Districts A.22) Street Addresses A.23) D Water Pressures: High Pressure A.24) D Low Pressure A.24) D X Special Terms, Conditions and/or Requirements A.25) Y. Treatment Plant Location Notification (a) (b) (c) Hereof. For the Purposes of this Agreement. Of or to the Subject Water Facilities. D/Hereof D/Hereof D District's Obligations and Responsibilities District agrees to fulfill and/or perform each and all of the following listed obligations and responsibilities which are herein designated as being Applicable for the Purposes of this Agreement (by an "x" mark in the [ ] for that purpose) in accord and compliance with the provisions, terms and conditions set forth in the respective referred to subparagraph(s) of attached Exhibit D and/or paragraph(s) of this Agreement: District's Obligations/ Responsibilities Relative to: A. Fixed Financial Participation in the Final Total Cost(c) B. Plan Review/Approval & Construction Inspection 3 Pursuant to: Paragraph(s) /Subpara- graph(s) of: B.1)/4.C. B.2) Exhibit/ This Agree- ment(a) D/Herof D Not Appli- Appli- cable cable C. Furnishing and Construction of Portions(c) D. Acceptance, Ownership, O&M, & Service Responsibilities E. Determination of Final Total Costs F. Determination of Sponsor's Final Financial Participation G. District Holding Sponsor Harmless B.3) D [X] [ B.4)/12. D/Hereof [X] [I B.5)/8. D/Hereof [X] [] B.6)/8. D/Hereof [X] [] B.7) D [X] [ (a) Hereof. (b) For the Purposes of this Agreement. (c) Of the Subject Water Facilities. 4. Sponsor's and District's Financial Participations in the Cost of the Subject Water Facilities A. Sponsor's Final Financial Participation(a) Sponsor shall finance the Final Total Cost (actual cost) of the Subject Water Facilities less the amount, if any, of District's Fixed Financial Participation Provided for in Subparagraph 4.C. hereinbelow. The resulting cost to Sponsor, as determined by District, is hereinafter referred to as Sponsor's Final Financial Participation (a) In addition to making payment(s) of applicable District Charges pursuant the provisions of Paragraph 6. nereinbelow. B Sponsor's Estimated Financial Participation(a) - Basis for Establishing the Fixed Amounts of Credits to Which Sponsor Will be Entitled Based on the $80,250.00 estimated cost of the Subject Water Facilities developed in Exhibit C and District's Fixed Financial Participation, in tqe amount of $_27,900.00 provided for in Subparagraph 4.C. hereinbelow, Sponsor's Estimated Financial Participation (the estimated cost of the Subject Water Facilities minus District's Fixed Financial Participation, if any) is $52,350.00. Notwithstanding any other provisions set forth in this Agreement, it is hereby specifically agreed that the respective fixed amounts of Nonreimbursable and Potentially Reimbursable Credits to which Sponsor shall be entitled pursuant to the provisions of Paragraph 9, hereinbelow in consideration of Sponsor's Final Financial Participation shall be determined by District based on the amount of Sponsor's Estimated Financial Participation, Exhibit C and dimensions/lengths shown on maps/plans of the Subject Development approved by District. C. District's Fixed Financial Participation District's Fixed Final Financial Participation in the Final Total Cost of the Subject Water Facilities shall amount to the sum of $_27,900.00 as developed in the 4 Computation of District Financial Participation attached hereto and by this reference made a part hereof as Exhibit E. Such District Financial Participation, if any, shall be paid to Sponsor as provided for in Paragraph 7. hereinbelow. 5. Documents to be Furnished to District by Sponsor Sponsor shall furnish each and all of the following listed documents, which are herein designated as being Applicable for the Purposes of this Agreement (by an "x" mark in the [ ] for that purpose) and which have been duly executed by Sponsor or the involved other party, to District in accord with the indicated time schedule for each respective document(s): Pursuant to: Not Paragraph(s) Exhibit/ To be Appli-Appli- /Subpara- This Agree- Fur- cable cable Document(s) graph(s) of: ment(a) nished (b) A. City/County Road Permits A.7) D (c) [X] [ ] B. Easements A.8)&A.9) D (c) [X] [ 7 C. Deeds A.10)&A.11) D/G&H (c) [ ] [X] D. Separate Cost Accounting Records A.12)&A.13) D (d) [X] [ ] E. Bill of Sale A.14) D/F (e) [X] [ ] F. Time Certificate of Deposit in the Amount of $ A.4) D (e) [ ] [X] G. Irrevocable Instrument of Credit in the Amount of $ -0- A.16) D (e) [] [X] H Petition for Annexation to or Formation of Improvement District A.21)/13. D/Hereof (e) [ ] [X] I. Billing for District's Fixed Financial Participation A.20/2.R. D/Hereof (f) [ ] [X] J. List of Approved Street Addresses for Lots/Units of the Tract/ Development to be Served A.23) D (e) [X] [ ] (a) Hereof. (b) For the Purposes of this Agreement. (c) Not less than 15 calendar days before construction of the involved facility is to begin. (d) Within 90 calendar days after District's acceptance of the Subject Water Facilities. (e) Concurrently with Sponsors execution and delivery of this Agreement to District. (f) Within 30 calendar days after District's acceptance of the Subject Water Facilities. 5 6 Cash Payments to be Made by Sponsor to District Sponsor shall make each and all of the following listed cash payments, which are here designated as being Applicable for the Purposes of this Agreement (by an "x" mark in the [ ] for that purpose), to District concurrently with Sponsor's execution and delivery of this Agreement to District: Not Pur- Appli-Appli- suant cable cable Payment of/for: to: Amount A. Estimated Engineering & Inspection Expenses (b) $ 4,490.00 (c) EX] [ B. Estimated Materials Furnishing & Construction Expenses (d) 3,300.00 (c) Di [] C. Nonreimbursable Basic Water Frontage Charges (e) 0.00 (f) [] [X] D. Nonreimbursable Onsite Water Main Fire Flow Capacity Surcharge (g) 0.00 (h) [ ] [X] E. Nonreimbursable Special Water Frontage Charges (i) 0.00 (j) [] EX] F. Domestic Water System Facilities Financial Participation Charges (k) 0.00 (j) [ ] EX7 G. Domestic Water System Facilities (k) 0.00 (j) [ ] EXJ Financial Participation Charges (Landscape Area) H. Water for Facilities/Plumbing Testing Purposes ( ) 0.00 (m) [ 7 [X] I Meters 0.00 [ ] [X] TOTAL $ 7,790.00 Less Initial Partial Payment of Engineering Expenses Paid on 7/29/94 $ 1,500.00 Less Previous Fees Paid on N/A $ 0.00 Combined Total to be Remitted with Signed Copies of this Agreement $ 6,290.00 (a) For the Purposes of this Agreement. (b) Subparagraph A.15)a) of Exhibit D. (c) Subject to future adjustment pursuant to Subparagraph A.15) of Exhibit D. 6 (m) (n) (o) Subparagraph A.15)b) of Exhibit D. Section 10.01 of District's applicable Rules and Regulations 229(o). Fixed amount, not subject to adjustment. Section 10.04 of District's applicable Rules and Regulations 229(o). Subject to future adjustment if fire flow requirements increase. Section 10.05 of District's applicable Rules and Regulations, Resolution No. 229(o). Fixed amount, not subject to adjustment. District's Amended Domestic Water System Financial Participation Charge Policy (Resolutions Nos. 1639 and 1640, both as amended). Comprised of payment by Sponsor; Credit to Sponsor in consideration of Sponsor's Final Financial Participation pursuant to Subparagraph 9.B.4) hereinbelow; Credit assigned from another document; and applicable assessment district/community facilities district related Credit (as appropriate), subject to future adjustment responsive to the provisions of Subparagraph 16.B, hereinbelow and/or future changes in the Subject Development and attendant increases in water and/or fire flow service requirements. Section 8.04(1) of District's applicable Rules and Regulations. Subject to future adjustment based on water use as measured or otherwise reasonably determined by District's Staff. As amended. Resolution No, Resolution No, 7. Payment to be Made by District to Sponsor District shall make payment of its Fixed Final Financial Participation in the Final Total Cost of the Subject Water Facilities, if any, provided for in Subparagraph 4.C. hereinabove and attached Exhibit E. responsive to its receipt of an appropriate, as determined by District, billing therefor rendered by Sponsor pursuant to the provisions of Subparagraph A.20) of attached Exhibit D, within fifteen (15) days after receipt of such billing. Determination of the Total Final Cost of the Subject Water Facilities and Sponsors Final Financial Participation by District Following completion of the Subject Water Facilities and receipt of Sponsor's Separate Cost Accounting Records pursuant to Subparagraph A.13) of Exhibit D, District shall determine the Total Final Cost of the Subject Water Facilities and the amount of Sponsor's Final Financial Participation therein, pursuant to the provisions of Subparagraphs B.5) and B.6) of Exhibit D and Subparagraphs 3.E. and 3.F. hereinabove. 9. Credits to Sponsor Toward Payment of Applicable District Charges Based on the provisions of Subparagraph 4.B. hereinabove and Sponsor's payment of District Charges pursuant to the provisions of Paragraph 6. hereinabove, District will (in its records) credit Sponsor with payment of applicable District Charges in the below indicated respective amounts, which credits and all terms, conditions and rights associated therewith shall be individually covered and provided for in the respective listed separate related documents: 7 Amount District Charge/Surcharge/Pursuant to: of Credit Related Separate Documer- A B. 1) Basic Water Frontage Charges/ Sec. 10.01, Res. No. 229(c) $ 0.00 2) Onsite Water Main Fire Flow Capacity Frontage Surcharges/ Sec. 10.04, Res. No. 229(c) 0.00 3) Special Water Frontage Charge/ Sec. 10.05, Res, No. 229(c) 0.00 4) Domestic Water System Facilities Financial Participation Charges(s) Subparagraph 6.F.(a)(d) 0.00 C. Credits for Potentially Reimbursable District Charges of Sponsor's Final Financial Participation 1) Additional Basic Water Frontage Charges/Sec. 10.02, Res. No. 229(c) 2) Additional Capacity Charges/ Sec. 10.03, Res. No. 229(c) 3) Additional Special Water Frontage Charges/Sec. 10.06, Res, No. 229(c) $19,224.00 0.00 0.00 8 Credits for Nonreimbursable District 1) Basic Water Frontage Charges/ Subparagraph 6.C.(a) 2) Onsite Water Main Fire Flow Capacity Frontage Surcharges/ Subparagraph 6.D.(a) 3) Special Water Frontage Charges/ Subparagraph 6.E.(a) 4) Domestic Water System Facilities Financial Participation Charge(s) Subparagraph 6.F.(a) Charges Paid 0.00 0.00 0.00 0.00 by Sponsor Frontage Charge/Surcharge Receipt No. Frontage Charge/Surcharge Receipt No. Frontage Charge/Surchat, Receipt No. Domestic Water System Facilities Financial Participation Charge Receipt No. Credits for Nonreimbursable District Charges Credited in Consideration of Sponsor's Final Financial Participation Frontage Charge/Surcharge Receipt No. Frontage Charge/Surcharge Receipt No. Frontage Charge/Surcharge Receipt No. Domestic Water System Facilities Financial Participation Charge Receipt No. Credited in Consideration Frontage Charge/Surcharge Receipt No. Potentially Reimbursable Additional Capacity Chg. Agreement No. Frontage Charge/Surcharge Receipt No. (a) Of this Agreement. (b) Covers both cash payment and credit in consideration of Sponsors Final Financial Participation (as applicable). (c) As amended. (d) As computed and provided for in Exhibit I (Special Terms, Conditions and/or Requirements). The applicable Related Separate Documents Identified under this Paragraph 9.. which are hereinafter referred to as the Subject Documents and which shall be prepared by District and appropriately executed under the same date as this Agreement, shall be held by District until the Subject Water Facilities have been accepted by District pursuant to the provisions of Paragraph 12. hereinbelow and Sponsor has furnished its Separate Cost Accounting Records to District pursuant to the provisions of Subparagraph A.13) of Exhibit D. Following such acceptance and receipt of Sponsor's Separate Cost Accounting Records, a copy of each Subject Document will be promptly furnished to Sponsor by District. Sponsor shall not be entitled to any reimbursements pursuant to the Subject Documents while they are being so held by District. 10. District's Right to Complete the Subject Water Facilities Notwithstanding any other provision of this Agreement, it is hereby specifically agreed that: A. If Sponsor has not taken all actions necessary to cause construction of the Subject Water Facilities to be furnished, installed and constructed by Sponsor's Contractor(s) to have been begun by Sponsor's Contractor(s) within sixty (60) calendar days after the date of this Agreement: or B In the event at any time after construction of the Subject Water Facilities has been begun by Sponsor's Contractor(s), Contractor(s) or Sponsor, for any reason, causes work toward completion of the Subject Water Facilities to be interrupted, delayed and/or discontinued for a period of more than thirty (30) calendar days, without written District approval; or C. Construction of the Subject Water Facilities to be furnished, installed and constructed by Sponsor's Contractor(s) has not been completed by the completion date specified in Sponsor's contract(s) with Sponsor's Contractor(s), or sucl later date as District has given Sponsor written approval for: and D If Sponsor, after having been given written notice by District: 1) Specifying the involved problem (related to the provisions of Subparagraph 10.A., 10.B. or 10.C. above); 2) Allowing Sponsor a reasonable period of time within which to take remedial actions which are satisfactory to District; and 3) Stating District's intentions to exercise its rights under this Paragraph 10. if such a satisfactory remedial action is not taken by Sponsor within the allowed remedial time period, 9 has not taken remedial action which is satisfactory to the District within the remedial period set forth in said notice to Sponsor, District is hereby granted tF unqualified right to take such steps as it reasonably determines to be necessa and appropriate to complete all or such portions of said Subject Water Facilities as District determines necessary for its purposes, in which event: E. Sponsor shall be exclusively responsible for any and all legal and/or financial ramifications and/or settlements with Sponsor's Contractor(s); F. District shall have the unqualified right to demand and receive payment(s) under the Irrevocable Instrument of Credit provided for in Subparagraphs 2.N. and 5.G. hereinabove to. together with District's Financial Participation provided for in Subparagraph 4.C. hereinabove, finance such completion of all or such portions the Subject Water Facilities as District determines necessary for its purposes; and G The amount(s) of Sponsor's potentially reimbursable amounts provided for in Subparagraph 9.C. hereinabove, if any, shall, at District's discretion, be reduced by the amount, if any, of District's total expenditures toward the cost of the Subject Water Facilities which exceeds the total combined amount of its $ -0- Fixed Final Financial Participation provided for in SubparagraTTF-4.C. F-6Te-inabove and the Irrevocable Instrument of Credit payments it receives pursuant to the provisions of Subparagraph 10.F. above. 11. Force Maieure If either the District or the Sponsor is delayed, hindered or prevented from performing any term of this Agreement, or if any condition precedent or condition subsequent hereunder either occurs or is precluded from occurring, by any reason beyond eith' party's control, including without limitation any strike, walkout, inability to proa material, failure of power, restrictive laws or regulations, riot, war, act of God the default of the other party, then such performance or condition will be, as applicable, either excused or tolled during the period of delay and the applicable time period or deadline will be extended by a period equal to the period of such delay, in which event the provisions of this Agreement shall be formally amended and modified in writing as necessary to address and cover all changes, including, but not limited to, costs and financial participations of the Parties, made necessary by the problem(s) which caused the delays and the resolution(s) thereof prior to continuing with the planning, furnishing and installation of the Subject Water Facilities. 12. Acceptance of Ownership of the Subject Water Facilities As provided in Subparagraph B.4) of attached Exiibit D, the Subject Water Facilities will be accepted by District for ownership, operation and maintenance and provision of water service purposes only following their satisfactory completion and Sponsor's fulfillment of all its obligations and responsibilities provided for in this Agreement and its attached exhibits, all as determined by District. District acceptance of the Subject Water Facilities is further conditioned and contingent upon the completion of other water system facilities covered by any other agreement, by and between District and Sponsor or other party(ies) which are necessary to make water supply available to the Subject Water Facilities, all as determined by District. 10 13. Applicable Special Water Service Limitations No domestic water or fire flow service will be provided to the Subject Development from or through the Subject Water Facilities by District until they have been accepted by District, as provided for in Paragraph 12. hereinabove; Sponsor has completed arrangements, including, but not limited to, payment of all applicable District Charges, with District for such service(s) in accord with District's applicable Rules and Regulations: and, if applicable, legal proceedings, resulting in the annexation of the lands to be occupied by the Sublect Development to the appropriate existing District improvement district or the formation of a new District improvement district which includes Sponsor's involved lands as discussed in Subparagraph A.21) of attached Exhibit D and Subparagraphs 2.S., 2.T. and 5.H. hereinabove, have been completed by District with Sponsor's assistance and cooperation, all as determined by District. Following the satisfactory completion of construction and testing (pressure and purity/disinfection) and before its acceptance of the Subject Water Facilities, District will make water available for facilities (water and sewer) and plumbing testing related purposes only from and through the Subject Water Facilities under a separate Special Interim Facilities Testing Water Service Agreement, by and between District and Sponsor. Sponsor's compliance with and fulfillment of the terms and conditions of such a Special Interim Facilities Testing Water Service Agreement shall be a prerequisite condition to District's acceptance of the Subject Water Facilities for ownership, operation and maintenance and provision of water service purposes, in the same manner as if such terms and conditions were set forth herein. 14. No Occupancy of the Subject Development Before District Acceptance of Ownership of the Subject Water Facilities and Completion of Applicable Improvement District Annexation or Formation Legal Proceedings Sponsor hereby specifically agrees not to permit any portion or unit of the Subject Development to be occupied for any residential, commercial or industrial purpose, as applicable, which requires domestic water service until the Subject Water Facilities have been accepted by District for ownership, operation and maintenance and provision of service purposes. as provided for in Paragraph 12. hereinabove: Sponsor has completed arrangements, including, but not limited to, payment of all applicable District Charges, with District for such service(s) in accord with District's applicable Rules and Regulations: and, if applicable legal proceedings resulting in the annexation of the lands to be occupied by the Subject Development to the appropriate District improvement district or the formation of a new District improvement district, which includes said involved lands, have been completed by District, as discussed in Paragraph 13 hereinabove. 15. Additional Arrangements Required for Phased Development The provisions of this Agreement are based upon the development of the Subject Water Facilities and the Subject Development as a single phase project. Any and all subsequent changes of plans which result in a multi -phased project for the provision of the Subject Water Facilities and/or the provision of water service to the entire Subject Development must be arranged for under an appropriate written and duly executed amendment(s) or supplement(s) to this Agreement or a new separate agreement or agreements as determined by District. 11 16. Agreement and District Charges Applicability Limitations A. Relative to This Entire Agreement This entire Agreement, including all its provisions, shall automatically be canceled and become null and void if it has not been executed on behalf of both Sponsor and District and Sponsor has not fulfilled all of its financial arrangement and document furnishing obligations and responsibilities, which are hereinabove required to be fulfilled concurrently with Sponsor's execution of this Agreement, on or before JANUARY 30, 1995; and B Relative to District Charges For the portion(s)/unit(s) of the Subject Water Facilities and/or the Subject Development which have not been completed (as hereinbelow defined) by Sponsor on or before MAY 30, 1996 , as determined by District, the amounts of all District Water Frontage, Additional Capacity, Onsite Water Main Fire Flow Capacity and Domestic Water System Facilities Financial Participation Charges to be paid by Sponsor (pursuant to Subparagraphs 6.C., 6.D., 6.E. and 6.F. hereinabove) or credited by District in consideration of Sponsor's Final Financial Participation in the Final Total Cost of the Subject Water Facilities (pursuant to Subparagraphs 9.B. and 9.C. hereinabove) shall be subject to adjustment(s) which will reflect, include and cover the full per unit amounts of such District Charges which are applicable at the time(s) the involved portion(s) of the Subject Water Facilities and/or unit(s) of the Subject Development have been completed (as defined hereinbelow), all as determined by District. In this regard, it is specifically understood and agreed that Sponsor shall pay the full amount(s) of such adjusted District Charge(s), as a prerequisite condition to District acceptance of th involved portion(s) of the Subject Water Facilities and/or the provision of wat and sewer service to the involved unit(s) of the Subject Development by District. For the purposes of this Subparagraph 16.B., the word completed shall: 1. Relative to the Subject Water Facilities, mean those Subject Water Facilities which have been accepted and placed into service by District; and 2. Relative to the units of the Subject Development, mean those units which have been certified for occupancy by the County of Riverside or the involved city (as appropriate), all as determined by District. 17. Preparation of This Agreement This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared it. 18. Purpose of Captions Captions to Paragraphs are for convenience purposes only and are not part of this Agreement. 12 19. Binding Provision This Agreement is binding on the heirs, representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. ATTEST: EASTERN MUNICIPAL WATER DISTRICT (District) By By Mary C. White, Board Secretary John B. Brudin, General Manager (Sponsor) By (Signature) (Type Name and Title) (Type Mailing Address) 13 BEGIN CONSTRUCTION 15.65 REMOVE EXISTING 8.0. AND AV/AR. CONNECT 12' HXH ESIV AND 12- PVC TO EXIST. W/L, r CORP STOP, TO. B-407 EXIST 8" VCP SEwER PER SD 5677 30 0.14623 7.RAFHIC SCALZ I II -- ___... 21.08 12"X4" HOP TEE 4'FXH v fl .G. LEV 4.63 19 LF 4PVC STUB, CLASS 130 ES RADIAL BEARING W/ 5.0.0100 r CORP. STOP, 8..414 1ALT II PLUG C. G. ELEV. • 1564.82 THRUST BLOCKS PER B-407 ;CALE: 1" • 100' INDEX MAP GXHiltr Espt,auAve Ca. 911100 CAW— 7Y121.46-- 22.12_71 ESPLANADE AVE. . 9.75 FREEDOM WAY F.M.wo iNSTAL: CROSS.O' BFv(r+1.81256..e(0. IV ?JUNO FLAME 12.rdPEDUCER ../1.^FILamiOFF GM. Au= RsrurcR ARO SLAW r, 12.13LIND fl.4144 AM)) 'ft-m.1.128K 0/WE FREE -Dom (Lisirro TO SW rrns coNsrucriew ro PRouns) ,w4 Ti 2242.71 19 IF 13" PVC 0 RAD, BEARING, S.0.0069, C.O. ELEV. 1565.67, r CORP. STOP, 8-414 IALT. 11 PLUG, THRUST BLOCK PER 8-407 (so GA SuiLI rta D-K5i23-12.4) Ave. EXIT. er ACP PE r 0.7701 .c.„..*''......,,...s.,..,....: 3-"--- ...,..-------------_'.'""1-- . E.M.W.D. 12" PVC C-900 CLASS 150 VATERMAIN 25' S. OF C/L CONGRESS AVE ; . VICINITY MAP NOT TO SCALE 33.99 46 CL ESPLANADE AVE. 10.00 HEWITT 9.13 50 E AVE,4•15 CONGRESS AV6., REMOVE EXIST, B O. 1WI AND BLIND FLANGE 1E1, CONNECT 12" PVC TO "TEE W/ 2.12- FXH ADAPTORS IE B WI, THRUST OLE PER 8-407. EXIST 42" RCP STORM DRAIN EXIST EMwD 14- STEEL W/L PER C.270 EXIST. EMWO 24" CML,'C CLASS 150, 26 E. OF SURVEY C/L PER D-14792 END CONSTRUCTION 33.87.46 ESPLANADE AVE. • 9.75 HEWITT STREET 14" a 12" SADDLE WET TAP W/ 12- RSGV (FREI BY EMWD AT DEVELOPER'S EXPENSE. P CORP STOP, THRUST BLOCK PER 0•407 NDTE IF EXIST 14' STEEL W/L IS F HAVE LESS THAN 30" COVER, 64-X12- TEE W.' 12- BFV IN LIE CONSTRUCTING WET TAP E?t 06-101 COST ESTIMATE OF WATER FACILITIES Esplanade Ave. Developer City of San Jacinto Tract Water Improvements W.0./C.0.# 95-209 Est'r. Initials CRD I.D./S.A.# 24/42 Date 11/29/94 Sup'r Initials VJB Typist Initials tiv Implementing Facilities: Yes No X List Water Easement: Yes No X In Project Offsite Work Authorization: Yes X No Treatment Plant Notification: Needed Not Needed X Water Pressures: Normal X High Lots: Low Lots: A. Pipeline Installation: 1525'- 12" PVC, 25 - 12" CML&C, 19' - 8" PVC C-900 CL-150, 19' - 4" PVC C-900 CL 150 B. Valves, Hydrants, Fittings, & Misc.: 1 - 12" BFV 1 - 4" RSGV 3 - remove exist. B.O. 1 - 8" RSGV 3 - remove exist. AR&AV, tee & valve 1 - 12" RSGV 3 - corb. stops C. Force Account Installation:(1) 12" x 14" saddle wet tap w/12" x14" saddle wet tap w/12" F x F RSGV, (1) Remove exist. 12"x 8" tee, 6" Blowoff, 8" BFV. install 8" x 12" x 8" x 12" 47,570.00 $ 5,970. cross, 8" RSGV (S) install 12" x 6" reducer and reconnect 6" $ 8,300.00 Blowoff (W), reinstall 8" BFV (N) D. Install Service Connections 0.00 * SUBTOT $ 62,840.00 Contingencies, add to subtotal immediately preceding (10%)-4-0$ 6,280.00 SUBTOTA_L >,,, 69,120.00 Engineering (by Developer's Engineer) add to subtotal immediately preceding ( 9.6 %) »,),,>»,».>.$ 6,640.00 EMWD Engineering, Plan Review, and Construction inspection, add to subtotal immediately preceding ( 6.5%) $ 4,490.00 E. meter (EMWD Installed on Dev. installed serv. conn.) ».),$ S TOTAL ESTIMATED COST - WATER $ 80,250.00 AMOUNTS ARE TO BE ROUNDED OFF TO THE NEAREST $10.00 *Estimated costs to be incurred by EMWD Typed original to New Business CC: Engineering File, R/W File * 0.00 * APPLICABLE STANDARD WATER FACILITIES AGREEMENT RELATED PROVISIONS, TERMS AND CONDITIONS N. SPONSOR'S OBLIGATIONS/RESPONSIBILITIES Sponsor shall fulfill, comply with and/or perform (as appropriate) each and all of the following set forth obligations and responsibilities which have been designated as "Applicable for the Purposes of This Agreement" in Paragraph 2. of the Agreement to which this Exhibit D is attached, which is hereinafter sometimes referred to as this Agreement: 1) Financial Participation in Final Total Cost of the Subject Water Facilities. Sponsor shall finance the Final Total Cost of the Subject Water Facilities, in accord with the applicable provisions of Section 8.04 of the District's Amended Rules and Regulations Governing the Provision of Water System Facilities and Service, less the amount, if any, of District's Fixed Financial Participation in such Final Total Cost pursuant to the provisions of Subparagraph B.1) hereinbelow. Such financing of the Final Total Cost, less the amount of District's Fixed Financial Participation, shall constitute Sponsor's Final Financial Participation in the Final Total Cost of the Subject Water Facilities covered by this Agreement. 2) Planning, Designing and Preparation of Construction Plans and Specifications for the Subject Water Facilities Sponsor shall employ, at its sole expense, a properly qualified professional engineering firm or firms, hereinafter referred to as Sponsor's Engineer(s) to plan, design and prepare detailed construction plans and specifications for all of the Subject Water Facilities covered by this Agreement, as they are generally shown on Exhibit B, in full and complete accordance with District design criteria and standards. All such planning and design work and detailed construction plans and specifications performed and prepared by Sponsor's Engineer(s) shall be subject to review and written approval by District prior to the beginning of any construction of the involved Subject Water Facilities. Such review and approval of plans and specifications for the Subject Water Facilities, along with those for other projects, will be diligently processed by the District's Staff in the order they are received. 3) Furnishing and Construction/Installation of the Subject Water Facilities Following receipt of District approval of Sponsor's Engineer's(s') design of and construction plans and specifications for the Subject Water Facilities, Sponsor shall: a) Unless otherwise specifically authorized and approved by District in writing, request and receive at least four (4) competitive bids for the furnishing and construction/installation each and all segments/units of the Subject Water Facilities, in accord with said District approved plans and specifications, from qualified and properly licensed contractors approved by District, which approval will not be unreasonably delayed or withheld: and EXHIBIT D b) With the written concurrence of District, employ the qualified and properly licensed contractor(s) with the lowest bid(s) under each respective involved specification, hereinafter referred to as Sponsor's Contractor(s), to, in accord with such District approved plans and specifications, furnish and construct/install the Subject Water Facilities. In keeping with District's policy and notwithstanding other provisions of this Agreement and these Provisions, Terms and Conditions, in the event Sponsor, without having received prior written approval and consent from District, employs other than the qualified and properly licensed contractor(s) with the lowest bid(s) to furnish and install the Subject Water Facilities, the amount of Sponsor's credit for Potentially Reimbursable Additional Basic and/or Special Water Frontage and/or Capacity Charges, pursuant to the applicable provisions of Paragraph 9. of this Agreement (and separate documents referred to therein), shall be subject to such adjustments by District as District deems appropriate and necessary to result, insofar as is possible, in the amount of such credit being equal to the amount which would have resulted if Sponsor had employed the low bidding qualified and properly licensed Contractor(s). Sponsor shall directly pay all costs associated wits such furnishing and construction/installation of the Subject Water Facilities by Sponsor's Contractor(s). All facilities so furnished, constructed and installed by Sponsor's Contractor(s) shall be installed in strict compliance with plans and specifications therefore which have been approved in writing by District pursuant to the provisions of Subparagraph A.2) hereinabove and Subparagraph B.2). hereinbelow. In this regard, any and all deviations from such approved plans and/or specifications must be approved by District, in writing, prior to being made. Sucl District approval shall be given as expeditiously as possible. 4) Inspection of Construction by Sponsor's Contractor(s) Sponsor shall and does hereby appoint District to inspect the furnishing and construction/installation of all of the Subject Water Facilities and the performance of the involved work associated therewith to be performed by Sponsor's Contractor(s) for compliance with the approved detailed construction plans and specifications as provided for in Subparagraph A.2) hereinabove and Subparagraph B.2) hereinbelow. It is specifically understood that District's inspection personnel shall have the authority to reasonably enforce such District approved detailed construction plans and specifications for the involved facilities, which authority shall include the authority to require that any and all unacceptable materials, workmanship and/or installation be replaced, repaired or corrected by Sponsor's Contractor(s) at said Sponsor's Contractor's(s') nonreimbursable expense. District's inspection provided for herein, does not include inspection for compliance with safety requirements by Sponsor's Contractor(s). In addition, Sponsor's Contractor(s) shall be required to repair any and all installed facilities which have been damaged by any party, at no expense to District, prior to District's final acceptance of the 2 EXHIBIT D facilities covered hereby, which final acceptance shall follow final inspection and testing of such facilities after completion of all improvements, including other utilities, curbs and paving. In this regard, Sponsor specifically agrees to require Sponsor's Contractor(s) responsible for the installation of said Subject Water Facilities to so make the corrections and/or repairs determined to be necessary by District inspection personnel and to provide for and require of each Sponsor's Contractor a one-year (following date of final acceptance by District) materials and workmanship guarantee providing that said Sponsor's Contractor will repair, at its expense, all failures of facilities which it furnished, constructed and/or installed due to faulty materials or installation, including settlement of backfill, within said one-year period. Said guarantee shall be secured, insofar as District is concerned, by a Time Certificate of Deposit in favor of District in the amount set forth in Subparagraph S.F. of this Agreement to be furnished by Sponsor to District concurrently with the execution of this Agreement. Said Time Certificate of Deposit shall remain in effect until canceled by District. Said Time Certificate of Deposit shall be satisfactory to District, as to form and content and involved financial firm, and shall guarantee Sponsor's payment to District for its incurred costs of making any necessary repairs associated with facilities furnished, constructed and/or installed by Sponsor's Contractor(s) in the event Sponsor fails to cause satisfactory repair, as determined by District, of facilities or failures by Sponsor's Contractor(s) or others within 48 hours or such other longer period of time as District may reasonably determine and specify in its repair notification, based on the nature and extent of the needed repair, following notification of the need therefor by District. Notwithstanding the above provided for 48-hour or other specified repair period. District shall have the unqualified right to immediately make any emergency repairs necessary to eliminate any threat to the public's health, safety or welfare and to ensure continuity of service at Sponsor's nonreimbursable expense. 5) Field Engineering Surveys and Compaction and Materials Strength Tests Associated With Construction by Sponsor's Contractor(s) Sponsor's Engineer(s) shall provide all field engineering surveys associated with the construction of each and all of the Subject Water Facilities and/or related work to be furnished, constructed/installed and/or performed by Sponsor's Contractor(s), including building/ structure, facility, fitting and service horizontal and vertical location staking, as determined necessary by Sponsor's Engineer(s), Sponsor's Contractor(s), and/or District's inspection personnel, at Sponsor's direct expense. Sponsor shall promptly furnish to District all field notes and grade sheets, together with location, offset, and attendant data and reports, resulting from Sponsor's Engineer's(s') field engineering surveys and/or proposed facility design changes, all of which have been prepared in accordance with accepted professional engineering practices, and allow District sufficient time to approve or make any required facility design changes resulting therefrom prior to construction, which District approvals and/or design changes will be processed as expeditiously as possible. EXHIBIT D Sponsor shall be responsible for paying all soil compaction, concrete and steel strength tests and report costs associated with the Subject Water Facilities to be so furnished and constructed by Sponsor's Contractor(s) required by Sponsor's Engineer(s), appropriate public agency officials and/or District inspection personnel. Sponsor stall promptly furnish results of all such compaction and concrete and steel strength testing to District for its review, evaluation and decision as to compliance with applicable specifications, which review evaluation and decision District shall make every reasonable effort to complete within 72 hours after its receipt of each involved test result. Relative to all of the Subject Water Facilities, Sponsor's Contractor(s) stall be responsible for performing all disinfection procedures required and/or approved by District and the costs associated therewith. 6) Preconstruction Conference(s) and Activity Coordination and Designation of Sponsor's Authorized Representative Sponsor shall be exclusively responsible for coordinating the activities of all its contractors, including Sponsor's Contractor(s) hereunder, engaged in its development program. In this regard, it is specifically understood and agreed that a preconstruction conference(s) shall be arranged for and scheduled by Sponsor and District personnel shall be invited to attend and participate in any and all such preconstruction conferences concerning the Subject Water Facilities to be constructed and the other work to be performed by Sponsor's Contractor(s) hereunder. It shall also be the responsibility of the Sponsor and Sponsor's Con tractor(s) to hold safety conferences as required by law. At or prior to the above provided for preconstruction conference(s), Sponsor shall officially, in writing, designate those who have authority to represent Sponsor, relative to the furnishing and construction/ installation of the Subject Water Facilities and stall immediately advise the District of any subsequent clanges in suci authorized representation. 7) City Street and/or County Road Department Construction and Operate and Maintain Permits for the Sublect Water Facilities For those portions, if any, of the Subject Water Facilities which are to be constructed/installed by Sponsor's Contractor(s) within an existing City street and/or County road, Sponsor, at its expense and in accord with the schedule requirements set forth in Subparagraph 5.A. of this Agreement, shall be responsible for obtaining a Construction Permit from tle involved city or tle Riverside County Road Department (as appropriate) covering the construction and installation of the involved facilities. At the same time such Construction Permit is obtained by Sponsor, the involved city or the Riverside County Road Department (as appropriate) will issue an Operate and Maintain Permit to District, which will become effective upon the completion of the involved Subject Water Facilities by Sponsor's Contractor(s) and District's acceptance thereof for ownership, operation and maintenance and provision of service purposes. 4 EXHIBIT D 8) Easements Involving the Private Property of Others For those portions, if any, of the Subject Water Facilities, including access roads, which are to be constructed and/or graded by Sponsor's Contractor(s) within and across private property not owned by Sponsor, including those facilities, if any, which will ultimately be located within future public streets, Sponsor shall, in accord with the schedule requirements set forth in Subparagraph 5.B. of this Agreement, without cost to District, furnish to District an easement document(s), satisfactory to District as to the location and width of the involved easement parcel(s) and the content and form of the easement document(s), which has(have) been duly executed by the involved property owner(s) and which assure(s) District's unequivocal right to own, operate, maintain, replace, repair and provide service from and through the involved portion(s) of the Subject Water Facilities, 9) Easements Involving Sponsor Owned Lands For those portions of the Subject Water Facilities, including access roads, which are to be constructed and/or graded by Sponsor's Contractor(s), within and across property owned by Sponsor, including those facilities which will ultimately be located within future public streets, Sponsor shall, in accord with the schedule requirements set forth in Subparagraph 5.B. of this Agreement, without cost to District, furnish to District an easement document(s), satisfactory to District as to the location and width of the involved easement parcel(s) and the content and form of the easement document(s), which has(have) been duly executed by Sponsor and which assure(s) District's unequivocal right to own, operate, maintain, replace, repair and provide service from and through the involved portion(s) of the Subject Water Facilities. 10) Deeds Involving the Private Property of Others Sponsor, for the dollar consideration, if any, set forth in Exhibit C (Preliminary Estimate of Cost for the Subject Water Facilities) attached to this Agreement (which dollar consideration shall constitute a part of the Final Total Cost of the Subject Water Facilities covered by this Agreement), shall, in accord with the schedule requirements set forth in Subparagraph 5.C. of this Agreement, furnish to District a Deed document(s), satisfactory to District as to content and form, which has(have) been duly executed by the involved property owner(s), conveying to District clear unencumbered fee title to the parcel(s) of land shown on the map attached to this Agreement as Exhibit G for the purpose(s) described on said Exhibit G, if applicable for the purposes of this Agreement. 11) Deeds Involving Lands of Sponsor Sponsor, for the dollar consideration, if any, set forth in Exhibit D (Preliminary Estimate of Cost for the Subject Water Facilities) attached to this Agreement (which dollar consideration shall constitute a part of the Final Total Cost of the Subject Water Facilities covered by this Agreement), shall, in accord with the schedule requirements set forth in Subparagraph 5.C. of this Agreement, furnish to District a Deed document(s), satisfactory to District as to content and form, which has(have) been duly executed by Sponsor, conveying to District clear 5 EXHIBIT D unencumbered fee title to the parcel(s) of land shown on the map attached to this Agreement as Exhibit H for the purpose(s) described on said Exhibit H., if applicable for the purpose(s) of this Agreement. 12) Separate Cost Accounting Records To, among other things. accommodate District's water system cost capitalization records and facilitate the determination by District of the Final Total (actual) Cost of each segment/unit of the Subject Water Facilities covered by this Agreement, Sponsor shall establish and maintain individual separate cost accounting records under which all its engineering, furnishing and construction/installation expenses (excluding Sponsor's accounting expenses related to the Subject Water Facilities) related to the furnishing and construction/installation of each segment/unit of the Subject Water Facilities to be furnished and constructed/installed by Sponsor's Contractor(s) will be clearly individually shown and identified. 13) Furnishing of Cost Accounting Records to District As a prerequisite to becoming eligible to receive the Credits toward payment of applicable nonreimbursable and potentially reimbursable District Charges pursuant to the provisions of Paragraph 9. of this Agreement, Sponsor shall, within 90 days after completion of construction of all of the Subject Water Facilities by Sponsor's Contractor(s) and the written acceptance thereof by District for ownership. operation. maintenance and provision of service purposes, furnish to District an accounting report (based upon and accompanied by the above required Sponsor's individual cost accounting records). which is satisfactory to District as to form, content and documentation, showing Sponsor's total actual incurred engineering, furnishing and construction/installation costs for each segment/unit of the Subject Water Facilities. 14) Conveyance of Ownership Concurrently with its execution of this Agreement. Sponsor shall, without cost to District, execute and deliver to District the Bill of Sale, which is attached to this Agreement as Exhibit F, conveying clear title to the Subject Water Facilities to be furnished and constructed/installed by Sponsor's Contractor(s) pursuant to this Agreement effective upon the completion of said Subject Water Facilities and the acceptance thereof by District for ownership. operation and maintenance and provision of service purposes. In this regard, it is specifically understood and agreed that District shall not be obligated to accept such title or to operate and provide service through said Subject Water Facilities until satisfactory final inspection and testing thereof by District's inspection personnel has been completed and Sponsor has fully complied with all its obligations and responsibilities provided for in this Agreement and District's applicable Rules and Regulations, all as determined by District. 15) Payments to District to Cover District's Engineering and Inspection Expenses and Furnishing and Construction Related Expenses Concurrently with its execution of this document, Sponsor shall make payment to District in the respective amounts provided for in Subparagraphs 6.A. and 6.B. of this Agreement to cover: 6 EXHIBIT D a) District's estimated engineering and construction inspection related expenses incurred pursuant to the provisions of Subparagraph B.2) hereinbelow; and b) District's estimated materials furnishing and construction related expenses incurred pursuant to the provisions of Subparagraph B.3) hereinbelow, which payment to District shall be subject to additional billing(s) to Sponsor, which Sponsor shall pay within fifteen (15) calendar days of the date thereof, or refund(s) by District, which shall accompany District's final cost accounting report to Sponsor, to result in Sponsor's payment of District's actual incurred costs, as provided for in Subparagraph B.2) and B.3) hereinbelow. Such payment(s) to District of District's actual incurred costs shall constitute a portion of Sponsor's costs to be included in Sponsor's separate cost accounting records provided for and required by Subparagraph A.12) hereinabove. 16) The Furnishing of an Irrevocable Instrument of Credit In order to guarantee payment of its Financial Participation in the cost of the Subject Water Facilities, as provided for in Subparagraph A.1) hereinabove, and payment of District's incurred engineering and construction inspection related and materials furnishing and construction related expenses resulting from District's fulfillment of its responsibilities under this Agreement and to insure District's ability to complete the Subject Water Facilities, pursuant to the provisions of Paragraph 10, of this Agreement, in the event Sponsor and/or Sponsor's Contractor(s) do(es) not so complete them as herein envisioned and provided for, Sponsor shall concurrently with the execution of this Agreement, furnish District with an Irrevocable Instrument of Credit, or other security satisfactory to District in the initial amount provided for in Subparagraph 5.G. of this Agreement, which initial amount may be reduced periodically, as portions of the Subject Water Facilities are satisfactorily completed and the attendant costs are paid by Sponsor, to cover Sponsor's then estimated share of the remaining costs of the uncompleted portions of the Subject Water Facilities, as estimated and approved by District. Such Irrevocable Instrument of Credit shall be satisfactory to District, as to form and content and the involved financial institution, and shall remain in full force and effect until all of the Subject Water Facilities have been completed by Sponsor's Contractor(s); Sponsor has fulfilled all of its financial participation and other obligations and responsibilities hereunder; and District has accepted the Subject Water Facilities for ownership, operation and maintenance and provision of service purposes. 17) The Furnishing of Environmental Information and Assistance Sponsor shall, at its sole expense, upon request by District, furnish District with such information as District deems reasonably necessary for the preparation of an Environmental Impact Assessment, or, if necessary, as determined by District, Sponsor shall at its sole expense furnish to District a complete Environmental Impact Report, acceptable to District as to form and content, relative to the facilities covered by this Agreement and the Subject Development. Notwithstanding the foregoing, in the event District is prevented from carrying out its responsibilities hereunder by 7 EXHIBIT D reason of an act of God or other reasons beyond District's control, including but not limited to regulatory agency or legal actions involving environmental considerations, then District is relieved of its obligations and responsibilities under this Agreement. In this regard, nothing herein contained shall be construed or interpreted to require District to take or participate in any legal action for the purpose of securing approval for the facilities covered by this Agreement or the developments to be served thereby. All such legal action shall be solely financed and conducted by Sponsor. 18) Sponsor Holding District Harmless Sponsor hereby agrees to indemnify and hold District harmless from any and all claims for damage or damages to property or injuries to persons arising by reason of or in any manner connected with the operations covered by this Agreement that are to be performed by other than personnel and equipment supplied directly by District or a contractor(s) employed by District. Such indemnification shall include attorney's fees and court costs 19) Payment of Applicable District Charges Sponsor shall, if designated applicable in Subparagraph 2.Q. of this Agreement, as a prerequisite condition for receiving domestic water service and fire flow service from and through the Subject Water Facilities and in addition to its Final Financial Participation in the Final Total Cost of the Subject Water Facilities, pay to District those of the following District charges which are determined applicable by District: a) Nonreimbursable Basic and/or Special Water Frontage Charges, as provided for in Subparagraph 6.C. and 6.E., respectively, of this Agreement; b) Nonreimbursable Onsite Water Main Fire Flow Capacity Frontage Surcharges, as provided for in Subparagraph 6.D. of this Agreement; and c) Domestic Water System Facilities Financial Participation Charges, as provided for in Subparagraph 6.F. of this Agreement. 20) Billing to District for District's Fixed Financial Participation In the event the provisions of Subparagraph 4.C. of this Agreement provide for District Fixed Financial Participation in the Final Total Cost of the Subject Water Facilities, Sponsor shall within thirty (30) calendar days after completion of the construction/installation of the Subject Water Facilities by Sponsor's Contractor(s) and District's acceptance thereof for ownership, operation and maintenance and provision of service purposes. bill District for the amount of District's Fixed Final Financial Participation provided for in said Subparagraph 4.C. District shall, assuming such billing by Sponsor is in proper order, remit payment of its Fixed Final Financial Participation to Sponsor within fifteen (15) calendar days after receipt of the billing therefor from Sponsor. 8 EXHIBIT D 21) Improvement District Annexation/Formation Legal Proceeding Requirements In accord with applicable District Rules, Regulations and Policy, Sponsor shall, if the lands to be occupied by the Subject Development are not already located within a District improvement district and if designated applicable in Subparagraphs 2.S., 2.T. and 5.H. of this Agreement, furnish to District a petition (on a document form furnished by District), which has been duly executed by the legal owners of all the involved lands, requesting either, as determined by District, annexation of the lands to be occupied by the Subject Development to the appropriate existing District improvement district or the formation of a new District improvement district which includes said involved lands as provided for in Subparagraph 5.H. of this Agreement. 22) Assessment District Requirements a) In accord with applicable District Policy. Rules and Regulations, and if designated applicable in Subparagraph 2.U., Sponsor shall, if the lands to be occupied by the Subject Development are in one of the District's assessment districts and there has been a subdivision of the subject property subsequent to said assessment district formation, pay the assessment at the time of agreement execution or go through an apportionment of assessment procedure administered by the District's Assessment District Coordinator. b) Upon completion of the construction of the involved assessment district financed facilities and determination of the final combined and individual cash assessments, the District shall determine and establish the amount of the portion, if any, of the cash assessment for each assessment parcel within the involved assessment district which is to be credited by District toward partial payment of applicable District front footage and financial participation charges. 23) Street Addresses Sponsor shall concurrently with its execution and delivery of this Agreement to District (or as soon thereafter as possible) furnish to District a list of approved street addresses for the Lots/Units of the Tract/Development to be served by the Subject Water Facilities. 24) Water Pressures Sponsor acknowledges that water pressures to subject property may be in excess or less than normal pressures. Sponsor agrees to inform lot owners of excess pressures and install at his cost pressure regulator(s) to be owned, operated and maintained by the customer on all lots encompassed in subject property which have higher than normal water pressures. Sponsor agrees to hold the District harmless from any and all damages caused by or resulting from high pressures prior to the sale of any lot(s) and subsequent lot(s) owners)/customer(s) likewise agree to hold the District harmless from any and all high pressure generated damages to subject lot(s). The District's acceptance of the to be installed water system is subject to the installation of subject pressure regulators by Sponsor. 9 EXHIBIT D Sponsor agrees to inform lot owners within subject property of lower than normal pressures to their lot(s) and agrees to hold District harmless from any and all damages resulting from or caused by inadequate water pressure to subject lot(s). Subsequent lot(s) owner(s)/Customer(s) likewise agree to hold the District harmless from any and all low pressure generated damages to subject lot(s). 25) Special Terms, Conditions and/or Requirements Sponsor shall fulfill, comply with and/or perform (as appropriate) all Special Terms, Conditions and Requirements provided for in Exhibit I attached to this Agreement (if indicated as applicable in Subparagraph 2.X. of this Agreement). B. DISTRICT'S OBLIGATIONS/RESPONSIBILITIES District shall fulfill and/or perform each and all of the following set forth obligations and responsibilities which have been designated as "Applicable for the Purposes of this Agreement" in Paragraph 3. of this Agreement: 1) Fixed Financial Participation in the Final Total Cost of the Subiect Water Facilities Provided funds for that purpose are available, as determined by District, in accord with the provisions of Section 8.04 of District's Amended Rules and Regulations Governing the Provision of Water System Facilities and Service, District's Fixed (not subject to future adjustment) Financial Participation in the Final Total Cost of the Subject Water Facilities shall amount to the estimated cost of enlarging the size and increasing the capacity (over and above the size and capacity necessary to serve Sponsor's Subject Development) of portions of the Subject Water Facilities to be in accord with the District's water system planning for the involved District improvement district or service area, all as determined by District. The amount of such District Fixed Financial Participation, if any, shall be set forth in Subparagraph 4.C. of this Agreement. 2) Plan Review and Approval and Construction Inspection District shall review the design and detailed construction plans and specifications prepared by Sponsor's Engineer(s) for the Subject Water Facilities submitted, pursuant to the provisions of Subparagraph A.2) hereinabove: inspect and test the facilities to be furnished and installed by Sponsor's Contractor(s) under this Agreement, pursuant to the provisions of Subparagraph A.4) hereinabove: participate in preconstruction conference(s) and activity coordination activities, pursuant to the provisions of Subparagraph A.6) hereinabove; cooperate with Sponsor relative to easements, permits and/or fee title acquisitions, pursuant to Subparagraphs A.7), A.8), A.9), A.10) and A.11) hereinabove, as applicable; and all other obligations and responsibilities under this Agreement, except those associated with District's Fixed Financial Participation in the Final Total Cost of the Subject Water Facilities, on an actual cost basis. In this regard, Sponsor has heretofore made and/or shall make payment(s) to District, to cover District's estimated expenses, pursuant to the provisions of Subparagraph A.15)a) hereinabove and Subparagraph 6.A. of 10 EXHIBIT D this Agreement, with the understanding that the total aggregate amount of such payments based on estimated District expenses shall, following completion of the Subject Water Facilities and the final determination by District of its actual expenses for each involved segment/unit of the Subject Water Facilities, be subject to additional billing (if the amount of the actual expenses exceeds Sponsor's previous payment[s]) or refund (if the amount of actual expenses is less than Sponsor's previous payment[s]). Such Sponsor's payment of actual District expenses shall constitute a part of Sponsor's cost for each segment/unit of the Subject Water Facilities to be included as a part of Sponsor's cost accounting report provided for and required by Subparagraph A.12) hereinabove. 3) Furnishing and Construction of Portions of the Subject Water Facilities Sponsor shall, unless otherwise agreed by District in writing, furnish the labor, materials, equipment and facilities necessary to connect the Subject Water Facilities to District's existing water system facilities and construct/install other portions of the Subject Water Facilities, including but not limited to water meters, as provided for in the District approved plans and specifications for the Subject Water Facilities, on an actual cost basis (which includes overhead charges). In this regard. Sponsor shall make payment to District, to cover District's estimated expenses, pursuant to the provisions of Subparagraph A)15)b) hereinabove and Subparagraph 6.B. of this Agreement, with the understanding that the amount of such payment shall, following completion of the Subject Water Facilities and the final determination by District of its actual expenses, be subject to additional billing (if the amount of the actual expenses exceeds Sponsor's previous payment[s]) or refund (if the amount of actual expenses is less than Sponsor's previous payment[s]). Such Sponsor's payment of actual District expenses shall constitute a part of Sponsor's cost for each segment of the Subject Water Facilities and be included as a part of Sponsor's cost accounting report provided for and required by Subparagraph A.12) hereinabove. 4) Acceptance, Ownership, Operating, Maintenance and Service Responsibilities Following completion of the Subject Water Facilities and the conveyance of ownership by Sponsor, pursuant to Subparagraph A.14) hereinabove and Subparagraph 5.E. of this Agreement, and acceptance of such ownership by District following such Sponsor conveyance and fulfillment of its obligations and responsibilities under this Agreement and District's applicable Rules and Regulations and subject to the Applicable Special Water Service Limitations provided for in Paragraph 13. of this Agreement. District shall own, operate, maintain and assume all responsibilities and liabilities associated with the Subject Water Facilities, under its involved program, and provide water service to the lands, developments and inhabitants accessible thereto in full accord with and pursuant to its prevailing Policies and Rules and Regulations Governing the Provision of Water System Facilities and Service, as they may be amended from time to time by District's Board of Directors. 11 EXHIBIT D 5) Determination of Final Total Costs Following completion of the Subject Water Facilities; District's acceptance of the Subject Water Facilities for ownership, operation and maintenance and provision of service purposes; and Sponsor furnishing District with its accounting report in form, content and documentation satisfactory to District, pursuant to the provisions and requirements of Subparagraph A.13) hereinabove and Subparagraph 5.D. of this Agreement. District shall, based on Sponsor furnished and District cost accounting reports and using appropriate generally accepted cost accounting procedures and prudent judgment and excluding Sponsor and District accounting expenses related to the Subject Water Facilities, determine the Final Total Cost for each segment/unit of the Subject Water Facilities for its capital value and other accounting record purposes. 6) Determination of Sponsor's Final Financial Participation in the Final Total Cost Following District's determination of the Final Total Costs pursuant to Subparagraph B.5) hereinabove, District shall, as provided for in Paragraph 8. of this Agreement, determine the amount of Sponsor's Final Financial Participation in the Final Total Cost of each segment/unit of the Subject Water Facilities for its capital value and other accounting record purposes. 7) Hold Harmless District iereby agrees to indemnify and hold Sponsor iarmless from any and all claims for damage or damages to property or injuries to persons arising by reason of or in any manner connected with the operations covered by this Agreement that are to be performed directly by the personnel and equipment of District or a contractor employed by District. Such indemnification siall include, but not be limited to, attorneys' fees and court costs. 12 EXHIBIT D EXHIBIT "E" UPON THE INSTALLATION OF THE SUBJECT WATERLINE IN ESPLANADE AVENUE AND THE ACCEPTANCE OF SAME BY THE DISTRICT, THE DISTRICT WILL FORWARD A CHECK TO THE CITY OF SAN JACINTO (SPONSOR) IN THE AMOUNT OF $27,900.00 WHICH AMOUNT REPRESENTS PRE -PAID FRONTAGE FOR PROPERTIES ALONG THE NORTH SIDE OF ESPLANADE AVENUE WHICH FRONTS THE SUBJECT WATERLINE. BILL OF SALE For a valuable consideration, receipt of which is hereby acknowledged, City of San Jacinto - Esplanade Ave. water improvements (Seller), hereby bargains, conveys, and grants unto the Eastern Municipal Water District (District), a public agency of the State of California, the following described personal property, such conveyance to become effective upon completion of the construction/installation by Seller's Contractor(s) and acceptance by the District of such personal property, which is more specifically described as: The Subject Water Facilities which are to be furnished and constructed by Sponsor's Contractor(s) as described and provided for in that certain Agreement, by and between Sponsor (Seller in this Bill of Sale) and District, dated , to which this Bill of Sale is attached as Exhibit F. Seller hereby warrants that the above -described personal property is free and clear of any and all encumbrances. In this regard Seller hereby agrees to protect and defend (District's) right to own, operate, maintain and provide services through all the personal property hereby transferred to District's ownership wherein the defense of the District's right to own, operate, maintain and provide services as provided hereinabove results from any person or entity's alleged rights to any of the personal property described hereinabove or for any monetary damages resulting from the nonpayment by Seller of any person or entity having the right to file a lien against said personal property. Seller further agrees to indemnify the District for any and all losses which may be occasioned or suffered by the District as a result of any claims by others as to clear title of the personal property covered hereby. Subscribed and sworn to before me this day of 19 Notary Public in and for tne State of California Expiration Date By (Signature) (Type name and Title) By (Signature) (Type Name and Title) (Mailing Address) (Date) EXHIBIT F MEMO NO. COORD NO. FRONTAGE CHARGE/SURCHARGE RECEIPT SO/CO 1X1 (CREDITED) r 1 (PAID) ID NO. 24 _astern Municipal Water District (District) hereby acknowledges receipt of the following amounts from the below named Party(ies) (Sponsor[s]): Sponsor(s) Name and Address City of San Jacinto 201 E. Main St., P.O. Box 488 San Jacinto, CA 92581 Amount of Percent of Payment Total Payment $19,224.00 100% overing the payment of: [ ] Nonreimbursable [X] Potentially Reimbursable [X] Water [ ] Sewer [ ] Reclaimed Water Related [ ] Basic Frontage [ ] Additional Basic Frontage [ ] Special Frontage [ ] Additional Special Frontage Charges [ ] Water Main Fire Flow Capacity Frontage Surcharges, under the attached "FRONTAGE CHARGE/SURCHARGE RELATED TERMS AND CONDITIONS" which are relevant to the particular type of Frontage Charges/Surcharges involved (as above specified), applicable to the following described parcel(s) of [X] Sponsor [ ] other party owned land: Frontage Brief Legal Description/ L.F. of Charge/Sur- Total Parcel General Street Location/Tract Number Frontage charge/L.F. Charge 1. Southside of Esplanade Ave. and east of Hewitt Street. Northerly boundary of Parcel 2 of Parcel Map 19362. Plot along 1068 $ 18.00 $19,224.00 the south Right -of -Way of Esplanade Ave. beginning at Hewitt Street and extending westerly 1068 feet. / / Totals 1068 $ 18.00 $19,224.00 EASTERN MUNICIPAL WATER DISTRICT By Date: /_/ John S. Fricker, Director of New Business Record of Reimbursements and Assignments (if applicable) Sponsor Current Reimbursement Assignment New No. Date Balance Amount To (Spon.No.) Amount Balance / / $ $ $ $ / / / / / / Reimbursement Eligibility Termination Date: / / fistribution: NB / : M&R: / LIB: (Date) (Initial) (Date) (Initial) (Date) (Initial) FRONTAGE RECORDS ONLY MEMO NO. COORD NO. FRONTAGE CHARGE/SURCHARGE RECEIPT SO/CO rxi (CREDITED) I- 1 (PAID) ID NO. 24 Eastern Municipal Water District (District) hereby acknowledges receipt of the following amounts from the below named Party(ies) (Sponsor[s]): Amount of Percent ol Sponsor(s) Name and Address Payment Total Payment City of San Jacinto $9,342.00 100% 201 E. Main St., P.O. Box 488 San Jacinto CA 92581 covering the payment of: [X] Nonreimbursable [] Potentially Reimbursable [X] Water [ ] Sewer [ ] Reclaimed Water Related [X] Basic Frontage [ I Additional Basic Frontage [ ] Sp al Frontage [ ] Additional Special Frontage Charges [] Water Main Fire Flow Capacity FronLage Surcharges, under the attached "FRONTAGE CHARGE/SURCHARGE RELATED TERMS AND CONDITIONS" which are relevant to the particular type of Frontage Charges/Surcharges involved (as above specified), applicable to the following described parcel(s) of [X] Sponsor ] other party owned land: Frontage Brief Legal Description/ L.F. of Charge/Sur- Total Parcel General Street Location/Tract Number Frontage charge/L.F. Charge 1. Southside Esplanade Ave and east of San Jacinto Street. Plot along south Right - of -Way of Esplanade Ave. beginning 808 521 $ 18.00 $ 9,342.00 feet east of San Jacinto Street and extendingeasterly 521 feet. / / Totals 521 18.00 $ 9,342.00 EASTERN MUNICIPAL WATER DISTRICT By John S. Fricker, Director of New Business Date: Record of Reimbursements and Assignments (if applicable) Sponsor Current Reimbursement Assignment New No. Date Balance Amount To (Spon.No.) Amount Balance / / / / Reimbursement Eligibility Termination Date: / / Distribution: NB M&R: : LIB: (Date) (Initial) (Date) (Initial) (Date) (Initial) FRONTAGE FRONTAGE CHARGE/SURCHARGE RELATED TERMS AND CONDITIONS 1. WATER RELATED FRONTAGE CHARGES AND SURCHARGES All nonreimbursable and potentially reimbursable Basic Water Frontage (BWF), Additional Basic Water Frontage ABWF), Special Water Frontage (SWF) and Additional Special Water Frontage (ASWF) Charges and Water Main Fire Flow Capacity Frontage Surcharges (FFCF) are levied and collected by the District in accord with applicable provisions, of District's Amended Rules and Regulations Governing the Provision of Water System Facilities and Service (Resolution No. 229, as amended, of the District's Board of Directors). 2. SEWER RELATED FRONTAGE CHARGES All nonreimbursable and potentially reimbursable Basic Sewer Frontage (BSF), Additional Basic Sewer Frontage (ABSF), Special Sewer Frontage (SSF) and Additional Special Sewer Frontage (ASSF) Charges are levied and collected by the District in accord with applicable provisions of District's Amended Rules and Regulations Governing the Provision of Sewer System Facilities and Service (Resolution No. 1643, as amended, of the District's Board of Direcwrs). 3. FRONTAGE CHARGES SEPARATE FROM AND IN ADDITION TO OTHER CHARGES All water and sewer related applicable (as determined by the District) Frontage Charges and Surcharges are separate from and in addition to other applicable charges and costs, including but not limited to water service connection meter, sewer service lateral, Domestic Water System Facilities Financial Participation, Sewer System and Disposal Facilities Financial Participation and Sewage Treatment Plant Capacity Financial Participation Charges and the costs of other facilities required w provide service(s) for and to each involved development. 4. DISTRICT OWNERSHIP All water and/or sewer mains directly rt•lated to Frontage Charges and Surcharges shall be owned, operated and maintained by the District. 5. REIMBURSEMENT TERMS AND CONDITIONS A. All water and sewer related BWF, BSF, SWF and SSF Charge and FFCF Surcharge payments shall be nonreimbursable;. B. Water and sewer related ABWF, ABSF, ASWF and ASSF Charge payments shall be potentially reimbursable by the District under the following terms and conditions: (I) No interest will be credited to or paid on any potentially reimbursable ABWF, ABSF, ASWF or ASSF Charge related payment balance; (2) As and when the owner(s) or developer(s) of a parcel of land for which potentially reimbursable ABWF, ABSF, ASWF or ASSF Charges have been previously paid requests service from and through the related water or sewer facility, the District shall require such owner(s) or developer(s) w pay appropriate nonreimbursable BWF, BSF, SWF or SSF Charges pursuant to the applicable provisions of the above -mentioned Amended Rules and Regulations; (3) During the ten (10) year period which follows the date of the involved FRONTAGE CHARGE/SURCHARGE RECEIPT, (RECEIPT) as and when the District collects nonreimbursable BWF, BSF, SWF or SSF Charges from the owner(s) or developer(s) of parcel(s) of land for which potentially reimbursable ABWF, ABSF, ASWF or ASSF Charges have been previously paid it will make reimbursement to the Sponsor(s) named in the related ABWF, ABSF, ASWF or ASSF RECEIPT (or the involved assignee[s]) in an amount equivalent to the per front foot charge(s) set forth in the involved ABWF, ABSF, ASWF or ASSF RECEIPT times the involved feet of frontage for which nonreimbursable BWF, BSF, SWF or SSF Frontage Charges are so collected by the District pursuant to 5.B.(2) above; (4) All such reimbursements of potentially reimbursable ABWF, ABSF, ASWF or ASSF Charges shall be made by the District to the involved individual Sponsor(s) named in the involved RECEIPT, (or the involved assignee[s]) in the percentage(s) of each Sponsor's (assignee's) percentage of the then outstanding potentially reimbursable balance owing under the involved RECEIPT; (5) All such reimbursements shall be limited to those which can be made by the District following its receipt of payment(s) of nonreimbursable BWF, BSF, SWF or SSF Charges, pursuant to 5.B.(3) above, within the ten (10) year period which begins with date of the involved RECEIPT; and (6) The potential reimbursable balances due a Sponsor under a RECEIPT shall be assignable to another party or parties only as to the total reimbursable amount or amounts then owing, unless otherwise formally approved in writing by District. District shall change its records to cffect such an assignment responsive to its receipt and approval of a District furnished "Reimbursable Balance Assignment Notification and Record" form, which has been duly completed and executed by the involved Assignor and Assignee, after which District shall execute the confirmation portion of the "Reimbursable Balance Assignment Notification and Record" form and furnish a copy thereof to both the involved Assignor and Assignee; and 6. FRONTAGE CHARGE PAYMENTS PERTINENT TO THE DESIGNATED PARCEL(S) OF LAND All nonreimbursable and potentially reimbursable Frontage Charge and Surcharge payments shall be pertinent to the parcel(s) of land designated in the involved RECEIPT and shall not be transferable to any other parcel(s) of land. FRONTAGE Les Evans, Director of Public Works via: Pamela S. Easter, City Manager December 20, 1994 E. APPROVAL OF CONTRACT FOR ENGINEERING SERVICES ARREN ROAD REHABILITATION/DAMES W. UNLAND & ASSOCIATES Recommendation: Approve the contract with James W. Unland and Associates for the De Road Rehabilitation Project for a fee of $27,100. Fiscal Impact: The City applied for and received a grant of $283,000 of Federal ISTEA funds to rehabilitate arren Road. By combining theFederal funds with Measure "A" funds, in the amount of. $350,000, Warren Road could be reconstructed from Ramona Expressway to Cottonwood Avenue. The work could be accomplished in 1995. The engineering fee of $27,100 will be paid for by Measure A funds. Background and Analysis: Warren Road was annexed to the City in November, 1993. The condition of the road was poor at the time of annexation and has continued to deteriorate over the past year. Warren Road has become a high speed route connecting Ramona Expressway to Florida Avenue (SR74) and the City has received numerous complaints about its condition. City staff requested proposals from James W. Unland Associates, of Hemet, and Tri-Lake Engineering, of Perris, for the design of the Warren Road Rehabilitation Project. Both proposals were excellent, however, Unland Associates proposed a lower fee and is located in. the Valley. For these reasons, staff proposes contracting with Unland to perform the services. Unland & Associates has no professional liability insurance. Due to the nature of the design project, the exposure of the City to possible future claims of negligent design are relatively small. Therefore, no professional liability insurance has been required by the Contract. CONTRACT FOR SERVICES This Agreement is made on , between THE CITY OF SAN JACINTO ("Client"), with a principal place of business at 312 E. Main Street, San Jacinto, CA 92583 and James W. Unhand & Associates ("Contractor"), an independent contractor, with a principal place of business at 3550 E. Florida Avenue, Suite "G", Hemet, CA 92544 ARTICLE 1. TERM OF CONTRACT 1.01. This agreement will become effective on the date stated above and will continue in effect until terminated as provided in this agreement. ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR 2.01. Contractor agrees to perform the services specified in the Proposal for "Engineering and Surveying Services for the Rehabilitation of Warren Road, dated November 17, 1994, attached to this agreement and incorporated into this agreement by reference. Method of Performing Services 2.02. Contractor will determine the method, details, and means of performing the above -described services. 2.03. Contractor enters into this agreement, and will remain throughout the term of the agreement, as an independent contractor. Contractor agrees that he is not and will not become an employee, partner, agent, or principal of Client while this agreement is in effect. Contractor agrees that he is not entitled to the rights or benefits afforded to Client's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at his own expense, disability, unemployment, and other insurance, workers' compensation, training, permits, and licenses for himself and for his employees and subcontractors. -1- Payment of Income Taxes 2.04. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Client to Contractor for services under this Agreement. On request, Contractor will provide Client with proof of timely payment. Contractor agrees to indemnify Client for any claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting from Contractor's failure to comply with this provision. Use of Employees or Subcontractors 2.05. Contractor may, at Contractor's own expense, use any employees or subcontractors as Contractor deems necessary to perform the services required of Contractor by this agreement. Client may not control, direct, or supervise Contractor's employees or subcontractors in the performance of those services. ARTICLE 3. COMPENSATION Maximum Compensation 3.01. In consideration for the services to be performed by Contractor, Client agrees to pay to Contractor $27,100.00. Date for Payment of Compensation 3.02. Contractor will submit to Client a statement of services rendered at the end of each month. Client agrees to pay the amount due to Contractor for services within thirty (30) days of the receipt of the statement. ARTICLE 4. OBLIGATIONS OF CONTRACTOR Minimum Amount of Service 4.01. Contractor agrees to have the construction drawing and contract specifications ready for review by Caltrans and the City of San Jacinto within 45 days from the City's authorization to proceed with the above -described services. Non -Exclusive Relationship 4.02. Contractor may represent, perform services for, and contract with as many additional clients, persons, or companies as Contractor, in his sole discretion, sees fit. -2- Time and Place of Performing Work 4.03. Contractor may perform the services under this agreement at any suitable time and location he chooses. Tools, Materials and Equipment 4.04. Contractor will supply all tools, materials, and equipment required to perform the services under this agreement. Workers' Compensation 4.05. Contractor agrees to provide workers' compensation insurance for Contractor's employees and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of any injury, disability, or death of any of Contractor's employees or agents. Contractor's Qualification 4.06 Contractor represents that he has the qualifications and skills necessary to perform the services under this agreement in a competent, professional manner, without the advice or direction of Client. This means Contractor is able to fulfill the requirements of this agreement. Failure to perform all the services required under this agreement constitutes a material breach of the agreement. Contractor has complete and sole discretion for the manner in which the work under this agreement will be performed. Indemnity 4.07 Contractor agrees to indemnify, defend, and hold Client free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, attorneys' fees, and costs, that Client may incur as a result of a breach by Contractor of any representation or agreement contained in this agreement. Assignment 4.08 Neither this agreement nor any duties or obligations under this agreement may be assigned by Contractor without the prior written consent of Client. -3- ARTICLE 5. OBLIGATIONS OF CLIENT Cooperation of Client 5.01. Client agrees to comply with all reasonable requests of Contractor and provide access to all documents reasonably necessary to the performance of Contractor's duties under this agreement. Place of Work 5.02. If applicable, Client agrees to furnish space on Client's premises for use by Contractor while performing the above -described services. Assignment 5.03. Neither this agreement nor any duties or obligations under this agreement may be assigned by Client without the prior written consent of Contractor. ARTICLE 6. TERMINATION OF AGREEMENT Termination on Notice 6.01. Notwithstanding any other provision of this agreement, either party may terminate this agreement at any time by giving thirty (30) days written notice to the other party. Unless otherwise terminated as provided in this agreement, this agreement will continue in force until the services provided for in this agreement have been fully and completely performed. Termination on Occurrence of Stated Events 6.02. This agreement will terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of contractor (b) Sale of the business of contractor (c) Death of contractor (d) Assignment of this agreement by contractor without the consent of the client -4- Termination for Default 6.03. If either party defaults in the performance of this agreement or materially breaches any of its provisions, the non -breaching party may terminate this agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this agreement includes, but is not limited to, the following: (a) Contractor's failure to complete the services specified in the Description of Services (b) Contractor's material breach of any representation or agreement contained in Paragraph 4.07. (c) Client's material breach of any representation or agreement contained in this agreement. ARTICLE 7. GENERAL PROVISIONS Notices 7.01. Any notices required to be given under this agreement by either party to the other may be effected by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices must be addressed to the parties at the addresses appearing in the introductory paragraph of this agreement, but each party may change the address by giving written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of the day of receipt or the fifth day after mailing, whichever occurs first. Entire Agreement of the Parties 8.02. This agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Contractor for Client and contains all of the representations, covenants, and agreements between the parties with respect to the rendering of those services. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this agreement, and that no other agreement, statement, or promise promise not contained in this agreement will be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. -5- Partial Invalidity 8.03. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Payment of Monies Due Deceased Contractor 8.04. If Contractor dies before completing the services under this agreement, any monies due Contractor from Client under this agreement as of the date of death will be paid to the Contractor's executors, administrators, heirs, personal representatives, successors, and assigns. Arbitration 8.05. Any controversy between the parties to this agreement involving the construction or application of any of the terms, covenants, or conditions of this agreement will, on the written request of one party served on the other, be submitted to arbitration. The arbitration will comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. The parties will each appoint one person to hear and determine the dispute. If those two persons are unable to agree, then they will select a third impartial arbitrator whose decision will be final and conclusive on both parties. The cost of arbitration will be borne in a proportion the arbitrators determine. Attorneys' Fees 8.06. If any legal action based in contract law, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. -6- Governing Law 8.07. This agreement will be governed by and construed in accordance with the laws of the State of California. Executed at San Jacinto, California, on By: By: CLIENT THE CITY OF SAN JACINTO CONTRACTOR -7- , November 17, 1994 Mr. Les Evans City of San Jacinto P.O. Box 488 San Jacinto, CA 92581 PROPOSAL FOR ENGINEERING AND SURVEYING SERVICES FOR THE REHABIL- ITATION OF WARREN ROAD IN SAN JACINTO, CALIFORNIA We are pleased to provide this proposal for engineering and surveying services to the City of San Jacinto. We understand the City intends to rehabilitate the paving on Warren Road from Cottonwood Avenue to the Ramona Expressway through funding with the State and Local Transportation Partnership Program. The length of this rehabilitation project will be approximately 13,200 feet and will generally consist of obtaining an aerial topographic survey of the road alignment, preparing construction drawings and contract specifications for the removal and replacement of the existing A.C. paving on Warren Road and processing the drawings and specifications with the City of San Jacinto and Caltrans for approval. Because Warren Road is a local road and not a State highway, we understand that local standards can be utilized for the design of the road improve- ments. However, Caltrans will be involved in qualifying the project for funding and will need to review the drawings and specifications. Based on our conversation with you regarding the project and our review of the proposed pavement rehabilitation with staff at Caltrans, we propose to provide the following services: 1. Perform a field survey determining centerline alignment, set aerial targets with horizontal and vertical measurements as required by our aerial map- ping consultant and provide an aerial topographic map at a scale of 1" = 40" on mylar plan and profile sheets for the Warren Road alignment. NOTE: We understand that the City has solicited a separate bid from Sun Surveys, Inc. for this work. Sun Surveys, Inc. is our sub- contractor for this work and the City can either contract directly with Sun Surveys, Inc. for this work item or can contract with us. Mr. Les Evans November 17, 1994 Page Two We have shown the cost for this work as a separate item below and we propose to pass through the Sun Surveys, Inc. charge for this work without additional markup. We would, of course, admin- ister all of the surveying a-.d mapping activities to coordinate with our work on this project. 2. Field review the alignment cn Warren Road to determine ;ts extent and any unique characteristics or features that need to be included or accommo- dated in the project design. 3. Review the project with you and other staff members at the City of San Jacinto, as well as, review the proposed project with the Local Road Section of Caltrans to insure that the drawings and specifications are prepared in conformance with theft requirements. 4. Prepare construction drawings for the proposed pavement rehabilitation project for the 13,200 toot project length. Included in this work will be the following: A. Prepare plan and profile sheets of the 2.5 mile alignment showing the proposed finished grade and width of the new asphalt concrete paving. B. Determine the typical roadway section or sections based on the recommendations contained in the preliminary soils report and the traffic index obtained from the City of San Jacinto. Shown on the construction drawings will be details of the typical section or sections indicating the width of paving, the thickness of the asphalt concrete and aggregate base and :he reaches in wnich the typical sections apply. NOTE: We understand the City of San Jacinto is obtaining a preliminary soils raport for this work and we have assumed that the recommendations in that report will be available for our use on this project. C. We understand from our conversations with you that no new drainage culverts nor the replacement of existing drainage culverts or facilities is required as part of this project and, accordingly, we have not included any hydrology or the design of roadway drainage adverts in this proposal. Mr. Les Evans November 17, 1994 Page Three D. Prepare a traffic control and detour plan per Caltrans Standard No. T-13 or as modified to meet the needs of the Warren Road Rehabilitation Project. E. Indicate signing and striping of the project alignment on the plan and profile sheets. F. Prepare a material quantity takeoff of the proposed project and prepare an engineer's estimate of the construction cost for the City's use in budgeting this work. 5 Prepare construction specifications and contract documents conforming to City of San Jacinto and State requirements. 6. Process the construction drawings and specifications for approval with the City of San Jacinto and, if necessary, with the Local Streets Section of Caltrans. We propose to provide the above services for the following costs: Alignment and Topographic Surveying and Mapping (Item 1) Prepare Construction Drawings and Specifications (Items 2-5) Total Cost $11,000 $16,100 $27,100 We have not included in our proposed services or costs providing construction survey staking, construction engineering services or soils testing during the construction of the new roadway. We would be pleased to provide a separate proposal for these services at the appropriate time. We are prepared tc begin work on this protect immediately upon your authorization to proceed and look forward to working with you cn tt-e rehabilitation of Warren Road. We propose to have the construction drawings and contract specifications ready for review by the City of San Jacinto and Caltrans within 45 days from the City's authorization to proceed with this project. Mr. Les Evans November 17, 1994 Page Four We appreciate this opportunity to provide this proposal for our engineering and surveying services. If you would like to discuss any of the details of the proposal or the cost for these services in greater detail, we would be pleased to meet with you to discuss this project. If you have any questions or require any additional information, please do not hesitate to contact our office. - ' u-JAMES'W. UNLAND President mt TO: Honorable Mayor and Councilmembers FROM. Les Evans, Director of Public Works via: Pamela S. Easter, City Manager DATE: December 20, 1994 APPROVAL OF CONTRACT FOR ENGINEERING SERVICES SAN JACINTO AVENUE SIDEWALKICOZAD & THOMSEN, INC. Recommendation: Approve the Contract with Cozad and Thomsen, Inc. to prepare plans for the San J Avenue Sidewalk for _a fee of $7,00. Fiscal Impact:. The funds for the engineering services will come from 19th CDBG and Gas Tax Funds. Background & Analysis:. The San Jacinto Avenue (SR79) Sidewalk project was approved in the 19th Year CDBG program. The project will complete missing links in the sidewalk on the east side of the street between Seventh Street and the Alpha Beta Shopping Center. Right-of-way from six parcels of property is required to construct the sidewalk and Caltrans will also have to grant approval for construction in their right-of-way. Five of the six property owners have agreed to dedicate the necessary right-of-way to accommodate the sidewalk. Caltrans has agreed to the project concept. The next step is to prepare plans. City staff would like to utilize the services of Cozad and Thomsen, of Hemet, for this project since they recently designed a similar CDBG sidewalk for the City, which was very successful. Due to the small monetary amount of the project, only one bid was received. This is acceptable with our purchasing policies. Cozad and Thomsen carry $100,000 of professional liability insurance which will offer the City some protection in the unlikely event that there is some future claim of negligent design of the sidewalk. CONTRACT FOR SERVICES This Agreement is made on , between THE CITY OF SAN JACINTO ("Client"), with a principal place of business at 312 E. Main Street, San Jacinto, CA 92583 and Cozad & Thomsen, Inc. ("Contractor"), an independent contractor, with a principal place of business at 151 So. Girard Street, Hemet, CA 92544 ARTICLE 1. TERM OF CONTRACT 1.01. This agreement will become effective on the date stated above and will continue in effect until terminated as provided in this agreement. ARTICLE 2. SERVICES TO BE PERFORMED_BY CONTRACTOR 2.01. Contractor agrees to perform the services specified in the Proposal for "Sidewalk Improvements at San Jacinto Street" dated November 11, 1994, attached to this agreement and incorporated into this agreement by reference. Method of Performing Services 2.02. Contractor will determine the method, details, and means of performing the above -described services. 2.03. Contractor enters into this agreement, and will remain throughout the term of the agreement, as an independent contractor. Contractor agrees that he is not and will not become an employee, partner, agent, or principal of Client while this agreement is in effect. Contractor agrees that he is not entitled to the rights or benefits afforded to Client's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at his own expense, disability, unemployment, and other insurance, workers' compensation, training, permits, and licenses for himself and for his employees and subcontractors. -1- Payment of Income Taxes 2.04. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Client to Contractor for services under this Agreement. On request, Contractor will provide Client with proof of timely payment. Contractor agrees to indemnify Client for any claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting from Contractor's failure to comply with this provision. Use of Employees or Subcontractors 2.05. Contractor may, at Contractor's own expense, use any employees or subcontractors as Contractor deems necessary to perform the services required of Contractor by this agreement. Client may not control, direct, or supervise Contractor's employees or subcontractors in the performance of those services. ARTICLE 3. COMPENSATJI Maximum Compensation 3.01. In consideration for the services to be performed by Contractor, Client agrees to pay to Contractor $7,500.00. Date for Payment of Compensation 3.02. Contractor will submit to Client a statement of services rendered at the end of each month. Client agrees to pay the amount due to Contractor for services within thirty (30) days of the receipt of the statement. ARTICLE 4. OBLIGATIONS OF CONT Minimum Amount of Service CTOR 4.01. Contractor agrees to complete plans and specifications ready for review by the City of San Jacinto and Caltrans within 45 days from the City's authorization to proceed with the above -described services. Non -Exclusive Relationship 4.02. Contractor may represent, perform services for, and contract with as many additional clients, persons, or companies as Contractor, in his sole discretion, sees fit. -2- Time and Place of Performing Work 4.03. Contractor may perform the services under this agreement at any suitable time and location he chooses. Tools, Materials and Equipment 4.04. Contractor will supply all tools, materials, and equipment required to perform the services under this agreement. Workers' Compensation 4.05. Contractor agrees to provide workers' compensation insurance for Contractor's employees and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of any injury, disability, or death of any of Contractor's employees or agents. Liability Insurance 4.06. Contractor agrees to maintain a policy of insurance in the minimum amount of $100,000 to cover any negligent acts or omissions committed by Contractor or Contractor's employees or agents during the performance of any duties under this agreement. Contractor's Qualification 4.07. Contractor represents that he has the qualifications and skills necessary to perform the services under this agreement in a competent, professional manner, without the advice or direction of Client. This means Contractor is able to fulfill the requirements of this agreement. Failure to perform all the services required under this agreement constitutes a material breach of the agreement. Contractor has complete and sole discretion for the manner in which the work under this agreement will be performed. Indemnity 4.08. Contractor agrees to indemnify, defend, and hold Client free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, attorneys' fees, and costs, that Client may incur as a result of a breach by Contractor of any representation or agreement contained in this agreement. -3- Assignment 4.09. Neither this agreement nor any duties or obligations under this agreement may be assigned by Contractor without the prior written consent of Client. ARTICLE 5. OBLIGATIONS OF CLIENT Cooperation of Client 5.01. Client agrees to comply with all reasonable requests of Contractor and provide access to all documents reasonably necessary to the performance of Contractor's duties under this agreement. Place of Work 5.02. If applicable, Client agrees to furnish space on Client's premises for use by Contractor while performing the above -described services. Assignment 5.03. Neither this agreement nor any duties or obligations under this agreement may be assigned by Client without the prior written consent of Contractor. ARTICLE 6. TERMINATION OF AGREEMENT Termination on Notice 6.01. Notwithstanding any other provision of this agreement, either party may terminate this agreement at any time by giving thirty (30) days written notice to the other party. Unless otherwise terminated as provided in this agreement, this agreement will continue in force until the services provided for in this agreement have been fully and completely performed. Termination on Occurrence of Stated Events 6.02. This agreement will terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of contractor (b) Sale of the business of contractor (c) Death of contractor (d) Assignment of this agreement by contractor without the consent of the client Termination for Default 6.03. If either party defaults in the performance of this agreement or materially breaches any of its provisions, the non -breaching party may terminate this agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this agreement includes, but is not limited to, the following: (a) Contractor's failure to complete the services specified in the Description of Services (b) Contractor's material breach of any representation or agreement contained in Paragraph 4.07. (c) Client's material breach of any representation or agreement contained in this agreement. ARTICLE 7. GENERAL PROVISIONS Notices 7.01. Any notices required to be given under this agreement by either party to the other may be effected by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices must be addressed to the parties at the addresses appearing in the introductory paragraph of this agreement, but each party may change the address by giving written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of the day of receipt or the fifth day after mailing, whichever occurs first. Entire Agreement of the Parties 8.02. This agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Contractor for Client and contains all of the representations, covenants, and agreements between the parties with respect to the rendering of those services. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this agreement, and that no other agreement, statement, or promise promise not contained in this agreement will be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. -5- Partial Invalidity 8.03. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Payment of Monies Due Deceased Contractor 8.04. If Contractor dies before completing the services under this agreement, any monies due Contractor from Client under this agreement as of the date of death will be paid to the Contractor's executors, administrators, heirs, personal representatives, successors, and assigns. Arbitration 8.05. Any controversy between the parties to this agreement involving the construction or application of any of the terms, covenants, or conditions of this agreement will, on the written request of one party served on the other, be submitted to arbitration. The arbitration will comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. The parties will each appoint one person to hear and determine the dispute. If those two persons are unable to agree, then they will select a third impartial arbitrator whose decision will be final and conclusive on both parties. The cost of arbitration will be borne in a proportion the arbitrators determine. Attorneys' Fees 8.06. If any legal action based in contract law, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. -6- Governing Law 8.07. This agreement will be governed by and construed in accordance with the laws of the State of California. Executed at San Jacinto, California, on By: By: CLIENT THE CITY OF SAN JACINTO CONTRACTOR -7- "'7) (��7� ° CIVIL AND STRUCTURAL ENGINEERS ° LAND SURVEYORS ° LAND PLANNERS Les Evans Director ofPublic Works City ofSan Jacinto 201 E. Main Street SanJocinto, CA 92583 RE: SIDEWALK IMPROVEMENTS AT SAN JACINTO STREET Dear Les: Thank you for the opportunity to provide an estimate of civil engineering services to prepare street improvement plans for the construction of sidewalk and street curbs on the oast side of San Jacinto 8tnaot between Seventh Gtnao1 and the Alpha Beta Shopping Center. We anticipate preparing sidewalk improvement plans for the three parcels north of Shaver Street similar to those plans provided to the City of San Jacinto for the Main Gtnaot sidewalks. Four of the six parcels south of Shaver 8tnaot require not only sidewalk but also street curb and gutter construction to match the existing curbs on the oast side of San Jacinto Street. Plan and profile drawings will need to be completed and submitted to Ca[Tnyno for review and approval. Those plans will require field topographic surveying of cross sections in front of the property and 300 foot north and south of the and of improvements, Ca|Trans will also require a traffic control plan and an intensive review even though the City only intends to match the existing street curbs. Cozad & Thomsen, Inc. will provide civil engineering services to prepare the following: 1. Legal descriptions and exhibit plat maps for dedication of right-of-way at six HB parcels along the oast side of San Jacinto Street. These are to be prepared to city standards for city review and acceptance only. 2. Preparation of street curb and sidewalk improvement plans for the parcels in the Sidewalk Improvement Project, including plan and profile sheets of the curb section to be submitted to Ca|Tnyns for review. Traffic control plans for one lane closure during construction in front of the street curb construction will also be provided to Ca|Trans for approval. Civil engineering estimate for Items 1 & 2 $7500.00 A signed standard agreement and purchase order are required prior to scheduling work. Progress billings will be forwarded to the C|iord on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by the Consultant. The Client 1,51 South Girard Street ° Hemet, CA92544 qno/6 � ,'�-"' I-- d 0 T- ! 7-, Co/�F� 6'3od 2 Sidewalk Improvement . oject City of San Jacinto November 14, 1994 shall make every reasonable effort to review invoices within ten working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. All invoices are due and payable within 30 days of receipt. The fees proposed herein shall apply until November, 1995. Due to ever -changing costs, Consultant shall increase those portions of the contract fee for which work must still be completed after November, 1995, by ten -percent. EXCLUSIONS Boundary/control survey Record of Survey Monumentation Construction surveying Soils/geologic study ADDITIONAL SERVICES Hydrology/hydraulic study Storm Drain Bidding administration Construction management Utility coordination for relocations Any other services not specifically addressed in this proposal This proposal is our professional appraisal of the costs required to complete the included items and is valid for sixty (60) days. Services which are not specifically identified herein as services to be performed by Cozad & Thomsen, Inc. or their consultants are considered Additional Services for the purposes of this agreement. Client may request that Cozad &Thomsen, Inc. perform services which are Additional Services. However, any task that we are requested to provide beyond the enclosed estimates would be billed on an hourly basis to the client. Our office will attempt to notify the client of these tasks in as timely a manner as possible to establish additional scope, schedule, and fee. PROJECT SCHEDULE Cozad & Thomsen, Inc. can commence field work within approximately 5 days from authorization to proceed. It is anticipated that engineering design will require 30 days in order to produce construction drawings for submittal to the City of San Jacinto for review and approval. We hope this estimate will assist the City in proceeding with the Sidewalk Improvement Project. If, after you have had an opportunity to review the estimate, you would like to meet with us to discuss the project, or if you have any questions, please don't hesitate to contact me. We look forward to working with you on this project. Kevin B. Cozad President WE SJSI DVA_K EST Cozad & Thomsen, Inc. STAFF REPORT TO: Honorable. Mayor and City Council Members FROM: Brian McNabb, Director of Community Developmen via Pamela S. Easter, City Manager DATE: December 20, 1994 BJECT: FINAL MAP 27702 APPLICANT: Premier Homes LOCATION: South of Washington Avenue, west of Meridian Stree RECOMMENDATION1 Staff recommends the . Council approve Final Map 27702 and authorize the Mayor to execute the FinalMap for recordation. BACKGROUND Parcel Map 27702 was approved by the Planning Commission on February 10, 1993. The parcel map process was used to revert Tract 22900-2, a 92-lot subdivision of 26 acres,. back to raw land. The reversion to acreage process is provided for in the State Subdivision Map Act and will result in the elimination of the lot lines of Tract 22900-2. The process is of benefit to the subdivider in that it allows the subdivider to recoup certain fees and allows the release of subdivision improvement security. Per State law, only development impact fees are eligible to be refunded to the subdivider. The process allows the City to apply conditions to the reversion that the City deems are necessary to carry -out the goals of local ordinances. As a result, the City: required the improvement of Meridian Street adjacent to the tract in order to complete the final ink of Meridian. Street. Additionally, the City can retain any improvement security that is necessary to cover the related street improvement. In this case, a subdivision secu .. bond in the amount of $7,163.00 has been posted to cover any needed maintenance for a one year period. As mentioned above, the subdivider is entitled to refund of certain development impact fees. For this project, the subdivider will be refunded $56,462.58 in miscellaneous flood control and LLMD fees that were previously paid for Tract 22900-2, Attachments: Final Map 27702 IN THE CITY OF SAN JACINTO AND THE COUNTY OF RIVERSIDE, CALIFORNIA PARCEL MAP NO. 27702 BEING A MENG R A 0 RESUBOI I5I0 OF LOTS 1 THROUGH 92 INCLUSIVE ANO LOTS 'A' THROUGH J' NCLUSIVE F TR CT 22900-2 AS SHOWN BY MAP ON FILE IN BOOK 213. PA ES 9 THROUGH 32 0 RAPS. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. CSL ENGINEERING. INC. JANUARY 1993 OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN THEREON: THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT WE CONSENT TO THE FMAKING ANO RECORDING OF THIS SUBDIVISI. WE HEREBY ON MAp AS SHOWN WITHIN THE ORT STREETEANNORDER PUBLICNUTILITYY PURPOSES LOTS CATE .AA TOR THHRBOUGHU'4. INCLUSIVE. BY: L.H.C. PROPERTIES, LTD., NO. 23, A CALIFORNIA LIMITED PARTNERSHIP. BY: PREMIER GROUP, INC., A CALIFORNIA CORPORATION, AS ITS GENERAL PARTNER TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY. TRUSTEE UNDER DEED OF TRUST RECORDED THE 22n0 OAT OF NDVEHBER, ISBN AS INSTRUMENT NO. 411370 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA-I<')S COUNTY OF 44,S r , ) .5, n ON I'10 ADDS BEFORE ME I'PTEARA AAY ppB��L[[IC IN WHO FOR SAID STATE, PERSONALLY APPEARED ACT i 9FV/! AVIS OF SATISFACTORY EVIDENCE)N Y TOLBEKNOWN THE PERSONA. TO NE) WHOSE NAME% .DR PR EO TDAGON THE K, SUBSCRIBED TO THE WITHIN INSTRUMENT�tANO ACKNOWWLLEED,GE° TO ME THAT THEY SIGNEXECATURETED XTNE 3ANE IN THE INSTRUMENT THERIIEM PERSONA!r. OR T THE ENITY THAT UPONBY BEH� OF WHICH THE PERSONA ACTED. EXECUTED THE IRSTRUMENT. WITNESS MT HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES 011' 0,11 a1. TART HIOLIC IN AND FOR SAID STATE NOTARY ACKNOWLEDGEMENT MY PRINCIPLE PLACE OF BUSINESS IS IN 4VMf} 9 STATE OF CALIFORNIA COUNTY OF I S.B. -f 11 n� e DN )10- ASS BEFORE ME 4J Llpi ile C /S>R� NOTARY 'NBL INa00 JTA STI R STAPERSONALLYE. ALLY KNOWNP TOAPEO 'NO J'u +/Y TO BE THE PERSONS WHOSE HARES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO NE TRAY HEY EXECUTED THE SAME IN THEIR AUTHOMI2E0 CAPACITIES. AND THAT BY T SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENITY UPON BEHALF OF WHICH THE PERSONS ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND WHO OFFICIAL SEAL MY COMMISSION EXPIRES /4-2A-45- MY PRI4LtE /jMCEiOF1AINNESS P)./J VARY PUBLIC IN AND FOR SAID STATE SIGNATURE OMISSIONS PURSUANT TO THE PROVISIONS DF SECTION 66436 DF THE SUBDIVISION MAP ACT. THE SIGNATURES OF THE FOLLOWING PARTIES HAVE BEEN OMITTED. THEIR INTEREST BEING SUCM THAT IT CANNOT RIPEN INTO A FEE: AN EASEMENT IN FAVOR OF THE HEMET LAND COMPANY. AS SHOWN By MAP OF THE CANON DF THE HEMET COMPANY. DN FILE IN BOOK I. PAGE 14 OF MAPS RECORDS OF RIVERSIDE COUNTY. CALIFORNIA. ENGINEER'S STATEMENT SHEET 1 OF 2 SHE, RECORDER'S STATEMENT FILED THIS BAY OF AT .M. IN BOOK 1PAR, AT PANES CUSPS. AT THE REDUESTAOFEL N THE CITY ND. fEE. WILLIAM E. CONERLT. couNTT RECORDER BY: . DEPUTY SUDOIVISION GUARANTEE: FIRST AMERICAH TITLE INSURANCE CORPANT D E. CIVIL VENGINEER OFL THE "STATE OF ACALIFORNIA RAND THATS THISD DMAP CONSISTING OF TWO (21 SHEETS CORRECTLY REPRESENTS A 4URVET MADE UNDER MY SUPERVISION DURING DECEMBER OF 1492, THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN. OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONIRENTIDN AGREEMENT FOR THE MAP. THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVET IS TRUE AAD COMPLETED AS SHOWN. DATED. //- r2- • . 1593 L OAVIO [Ell REGISTERED CIVIL ENGINEER NO. 31574 EXPIRES 12/31/96 ' CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I RAVE EXAMINED THIS MAP AND FOUND ITA TO BE SUBSTANTIALLY THE SAME AS IT PP_ARED ON THE TENTATIVE P, IF REQUIRED. TNU ANT APPROVED ALTERATIONS THEREOF: THATALL OF THE PROVISIONS OF THE SUBDIVISION MAP ACT ND ANTAPPLICABLE LOCAL CRUININCES HAVE COMPLIED WITH. AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY H - CORRECT AS DROWN. DATED: (fit . 1SS4 NSI O\ n, p.[,E, (fit (6C TINGGG"'S CITY ENGINEER , PUBLIC WORKS DIRECTOR'S APPROVAL THE MAPSRREHRBIPRATILITASMENTS SHOWN N 43HE WITHIN ANNEXED PUBLIC WORMS DIRECTOR. CITY OF SAN JACINTO PLANNING COMMISSION STATEMENT 'TENTATIVE PARCEL MAP NO. 20702. WAS ApPROVED Mt THE CITY OF SAN JACINTO PLANNING CCMMISSION IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW IN A DULT AUTHCUIZE0 MEETING HELD THE _._OAT OF 1953.. CITY OF BAN JACINTO, CALIFORNIA SECRETARY, CITY OF SAN JACINTO PLANNING COMHISSICN DATED THIS__OAY OF 1443. CITY ACCEPTANCE STATEMENT TANNDD THROUGH 11. OF ITS DUCTAN AUTHORIZED OFFICOUNTY OF CERSS EREBY APPROVESA SAIDRFINAL gNNAP. ANO ACCEPTS THE OFFER BF DEDICATION MADE HEREON. FOR PUBLIC ROAD AHO PUBLIC UTILITY PURPOSES, LOTS 'A' THROUGH 'B' INCLUSIVE. DATED BT: ATTEST: HELEN SHERMAN. DEPUTY. CITY CLERK BY: CITY OF SAN JACINTO COUNTY DF RIVERSIDE. STATE OF CALIFORNIA TAX COLLECTOR'S CERTIFICATE MAYOR I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE. AS CF THIS DATE. THERE ARE LIENs :MY,X uwuRYor.$1)0T.T:G AGAIMs''IXE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE. CDLMNTY. MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES. IM ACCORDANCE VITN SECTION 64499.20 OF THE SUBOIvISION MAPT��HCT.NO TAX BOND IS REVU1RED. FF DATED: -..'S f'N99µ 7$4, BOND CERTIFICATE R. WAYNE WATTS. RIVERSIDE COUNTY TAX COLLECTOR . DEPUTY IN THE CITY OF SAN JACINTO ADO THE COUNTY OF RIVERSIDE, CALIFORNIA. SHEET 2 OF 2 SHEETS PARCEL MAD N0. 27702 B ING A MERGER AND RES BD VISION OF LOTS 1 THROUGH 92, INCLUSIVE. AND LOTS A' HROUGH 'J' 0 TRACT 2900-2 AS SHOWN BY MAP ON FILE IN 800K 213, PAGES 29 THROUGH 32 OF MAPS. RECORDS OF RIVERSIDE COUNTY. CALIFORNIA, IN SECTION 1, T 5 S, R 1 W. S.B.M, CSL ENGINEERING, INC. JANUARY 1993 ID. I' I.P. A.C.E. 11232 FLUSH. PEA R.O. 105/6245 UQI R.O. 243 / 29 - 32. ( N29'32'50'E 3508.92. > - 720.99')1700,OO' PER ©f C T73.93' > n_w ASHINBTON AV n LOT 'N 7 x "' m oI T.0 Z in m r T\1 \ .i CD • rq 0 • CCl F0. 2' I.P. TIMED R,C,E. 11232 ON 0.0", PER R.O. 211n0-00 [[ VS. 2' I.P. 7161(7 A.C.E. 11232 - /ON. 0.0', PEA R.6. 211/76-80 5" 712.77 N13'13'01'3 33.35' PARCEL 1 23.94 ACRES F0. 2' I.P. TAR 132035I9F ON. 0.1', 0.07' EAST. 1CCEP7ED AS S.E. CDR. TRACT 21561-10, PSI R.O. 214/94'96 NILO PARALLEL TO CEN7E8_DE OF IE3I1111N Simi PM Oi A C3 C2 I2,S5<E 735.33' J 8 4l*'52"13'EI 773.31 1730,021I 1 I 5 1 j I F0. 2' I.P. 7511E2 P.C.E. 31571, FLUSH IN LIEU Cr 3/1' I.P.. 1.3, 3962 EN. 0.6' FOR X.6. 24323-32 3' I M CHANNEL I: SCALE 1' . 100° 0 50 100 200 3C0 120 GRAPHIC SCALE IN FEE norr7554111 ENGINEER'S NOTES I. BASIS Cr IEND65 WE BASED ON S!E CETOE5I_DE 3 PERMIAN STIES 15 9E116 ' Y OO.15713' E ' PS �' TRACT 2200-1. R.I. 207/75-81. 111 2. • 5 1IC17E3 FllM 2' S.P.. TAME: LEE 31579. LT� I PER 7PY( 22300-2, R.I. 212.1L R. IN13S GDEi0754 MITER. 3. 1 I IMIICA76 REMFI3 PEA R.O. 167/32-44 LICE= 01EltL4 MOTE) EC > WRITES I__ A 7FI3AF PM 7R 229 '5, R.O. 21329-22. 5. TO7LL MSS AKA IS 26.12 16ES (-0 ( 6. ® DUIU7ES SET 17 I.O. MN PIP' YIDI MASTIC PUG S75PE➢ R.C.E. 31571, PL91. 7. A 1' DSN PIPE TAMED R.C.E 31574 73 S ST. FLf41. 17 2/11117 C3oEPS A AMU POINTS II SIDE CA FEW LOT ROES. O. 1E1 MOUE1,23 SFr MI S 1Y ACC54W7 YIIN R1'TRSIZ ROM OEDWCE 161.6. S. 211 MOOS 90N '5E17 Su11 0E SET SR 4'^fiui Q I YIN DE IMPENTION 15(14E1R FIR ARTS PAP. 11l.:S SDERRS MI1E0. 0 1.2.1 0 FO, 1' I.P.. 7a269 L.S. 3962. IN LIEU Cr P.C.E. 19152 PER N.6. I57/0-64. 0.12" EAST Cr IS7E, ACCEPTED FOR SOi174 LDE Aw PER R.P. 213 129 - 32. T}: Honorable, Mayor and Members of the City Council FROM; Gene Price, Interim Fire Chief DATE; December .0, 1994 RE: Community Center Parking RECOMMENDATION: Adopt Resolution No, authorizing the Traffic Engineer to Past Parking Restrictions at° the San Jacinto Community Center: BACKGROUND n the past, there has been a problem with unauthorized parking: at: the Community Center. Some travel organizations have been using the Community Center for a pick- up point for tours. The people participating in the tours have at times been parking in the spaces, directly adjacent to the entrance. Some tours are over night and the parking spaces are occupied for long periods of time. It is our intention to install signs on the parking spaces that are directly adjacent to the Community Center and not post the spaces on the East end of the parking lot. Anyone who is not involved in Community Center business, and parked in the posted spaces, could be issued a citation if parking there illegally was creating a problem. Further information is provided in the attached report by the City Attorney. THOMAS M. COX JAMES A. COX JULIE M. CLARK December 8, 1994 COX & cox A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SOS EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 TO: Mayor and Members of the City Council FROM: James Cox RE: Restricted Parking at Community Center FOR: COUNCIL MEETING OF DECEMBER 20, 1994 TELEPHONE AREA CODE 909 652-1400 FAX (909) 652-3990 RECOMMENDATION: If the Council determines the need appropriate, adopt the Resolution Authorizing the Traffic Engineer to Post Parking Restrictions at the San Jacinto Community Center. DISCUSSION: Prior to his departure, Dave Anderson advised me that there had been repeated complaints with respect to parking availability at the Community Center. I am informed that a local tour operator has been using the Community Center Parking lot as a bus station to pick up and transport his patrons. Apparently, he had advised his clients to park their vehicles in the Community Center parking lot, which vehicles are sometimes left for multiple days and nights. I am also informed that the long term parking of these vehicles has interfered with the day -time uses of the facility. For these reasons, Dave asked me to make a recommendation as to how this problem could be averted. Parking matters within the City are governed under San Jacinto City Ordinance 987. Section 29 of the Ordinance 987 states: "(a) Whenever the City shall determine that the orderly, efficient conduct of the City's business requires that parking or standing of vehicles on City property owned or controlled by the City be prohibited, limited or restricted, the traffic engineer shall have the power and authority to order signs to be erected or posted or curb markings to be placed indicating that the parking of vehicles is thus prohibited, limited or restricted. Mayor and Members of the City Council December 8, 1994 Re: Council Meeting of 12/20/94 Page 2 (b) When signs or curb markings authorized by the provisions of this section are in place giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such sings or curb markings." If the Council desires to address this issue, it is suggested that the enclosed Resolution be adopted which will authorize the Chief of Police as the "traffic engineer", to post the parking area of the Community Center to restrict the parking. Respectfully submitted, JAMES A. COX RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO, AUTHORIZING THE CITY TRAFFIC ENGINEER TO RESTRICT PARKING AT THE SAN JACINTO COMMUNITY CENTER, AND TO POST SIGNS THEREFOR Whereas, the City Council for the City of San Jacinto specifically finds that the parking lot of the San Jacinto Community Center has been regularly used by private enterprise for uses unrelated to the City's business, or for uses unrelated to the lawful tenancies of the Community Center; and Whereas, such unrelated use of the City's parking facilities has interfered with the properly peLmitted uses of the San Jacinto Community Center; and the orderly, efficient conduct of the City's business requires that the parking or standing of vehicles on such parking lot be restricted, IT IS HEREBY RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. The findings stated within the above recitals are true and correct. Section 2. The City Council of the City of San Jacinto hereby determines that the City's business requires that the parking or standing of vehicles on the parking lot of the San Jacinto Community Center shall be restricted for Community Center Use Only. The traffic engineer shall properly post notice of such restrictions. Section 3. This resolution is made pursuant to the authority of San Jacinto Ordinance 987, Section 29. MOVED, PASSED AND ADOPTED this day of December, 1994, at a regular meeting of the City Council for the City of San Jacinto. AYES: NOES: ABSTAIN: Mayor ATTEST: City Clerk TO: embers-Ofthe City .Council FRONT: Mayor Henry Hafliger BATE; December.20, 1994 Confirmation of Appointments of Representatives to Outside Committees/Councils RECOMMENDATION: Confirm the appointments of the following Outside Comm itteeslCouncils. Childcare EMWD Service Area Study Committee Groundwater Association Gang Task Force Riverside Transit Agency (RTA) Valley Youth Task Force Western Riverside Council of Government (WRCQG) March Air Force Base Community Base Council Councilmember Leahy Mayor Hafliger Councilmember Oaks Councilmember Solari() Councilmember Oaks Mayor Hafliger (Alternate Councilmember Leahy Councilmember Oaks Mayor Hafliger (Alternate Councilmember Oaks Ramona Pageant Advisory Committee Councilrnember Oaks Mayor Hafliger (Alternate) BACKGROUND. 'ursuant to Resolution No. 2194 adopted by the City Council on Apr 'The Mayor shall select representatives, with confirmation by other agency committees, who shall serve for a term of one year.