HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 3/5/2019
AGENDA
CITY COUNCIL - REGULAR MEETING
TUESDAY, MARCH 5, 2019
6:30 PM OPEN SESSION
COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7339
City of San Jacinto Page 1 Updated 3/4/2019 12:21 PM
RUSS UTZ, MAYOR
ANDREW KOTYUK, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
JOEL LOPEZ, COUNCILMEMBER
CRYSTAL RUIZ, COUNCILMEMBER
1. ORGANIZATION
1.1. Roll Call
1.2. Invocation - Pastor Juan Rosas, San Jacinto Assembly of God Church
1.3. Pledge of Allegiance - San Jacinto Leadership Academy
1.4. Mayor / Council Member Reports / Discussions
1.5. Late Items
2. PUBLIC COMMENTS
3. JOINT CONSENT CALENDARS
3.A. Consent Calendar - City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only
3.A.2. Minutes of the Regular City Council Meeting of February 19, 2019
RECOMMENDATION:
Staff recommends that the City Council approves the minutes of the regular
City Council meeting on February 19, 2019.
Department: City Clerk
3.A.3. Treasurer’s Report at January 31, 2019
RECOMMENDATION:
Receive and File Treasurer’s Report for the month ending January 31, 2019.
Department: Finance
3.A.4. Second Reading of Ordinance 19-06 for Development Agreement 18-1
City of San Jacinto Page 2 Updated 3/4/2019 12:21 PM
RECOMMENDATION:
CONDUCT the second reading and ADOPTION of Ordinance 19-06,
approving Development Agreement 18-1.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT
AGREEMENT NO. 18-1 BETWEEN THE CITY OF SAN JACINTO
AND SRC, LP AND SJSA INVESTMENTS, LLC
Department: Community Development
3.A.5. Second Reading of Ordinance 19-07 for Development Agreement 18-2
RECOMMENDATION:
CONDUCT the second reading and ADOPTION of Ordinance 19-06,
approving Development Agreement 18-2.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO
AND MOUNTAIN STATES DEVELOPMENT
Department: Community Development
3.A.6. San Jacinto Library Public Parking Improvements Project
RECOMMENDATION:
Staff recommends that 1) the City Council adopt the plans and specifications
for San Jacinto Library Public Parking Improvement Project prepared by the
City Engineer, funded by the Community Development Block Grant (CDBG);
and 2) authorize bid advertisement for construction subject to review and
approval by EDA Staff.
Department: Engineering
3.A.7. All-Way Stop at the Intersection of Alessandro Avenue and 1st Street, and 1st
Street Speed Survey between San Jacinto Avenue and Alessandro Avenue
RECOMMENDATION:
That the City Council (1) Accept the findings of the Traffic Study, (2)
Authorize staff to proceed with the implementation of an all-way stop and
pedestrian cross walk at the intersection of Alessandro Avenue and 1st Street,
and (3) adopt the speed survey prepared by RK Engineering Group, Inc., yet
maintain 25 MPH speed on 1st Street.
Department: Engineering
3.A.8. Parcel Map 37407, MW Vantage 1, LLC
RECOMMENDATION:
Staff recommends that the City Council approve the final map for Parcel Map
37407, for MW Vantage 1, LLC.
Department: Engineering
City of San Jacinto Page 3 Updated 3/4/2019 12:21 PM
3.B. Consent Calendar - Successor Agency to the Redevelopment Agency of the City of
San Jacinto
4. DISCUSSION ITEMS
4.1. Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water
divisions
RECOMMENDATION:
Staff recommends that the City Council approve the purchase of two heavy duty
combination cleaning vehicles for Wastewater and Storm Water Divisions to
replace current vehicles at a total approximate cost of $911,595.25, and approve
the Resolution for the financing of said vehicles.
Department: Storm
4.2. Vehicle Replacement and Fleet Management Agreement Between the City of San
Jacinto and Enterprise Fleet Management Inc.
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to enter into and execute agreements between the
City of San Jacinto and Enterprise Fleet Management Inc. for a vehicle
replacement and maintenance program; and
2. Approve the list of surplus vehicles for liquidation by Enterprise Fleet
Management Inc. on behalf of the City.
Department: Streets
5. CITY MANAGER UPDATE
6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
7. ADJOURNMENT
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - Any public record, relating to an
open session agenda item, that is distributed within 72 hours prior to the meeting is available for public
inspection at the public counter located in the Administration Buildin g of City Hall, 595 S. San Jacinto
Avenue, San Jacinto, CA 92583.
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the
foregoing agenda this 28th day of February as requested by law.
Angela Walton, City Clerk
March 5, 2019
TO: City Council
REQUESTED BY: Angela Walton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Minutes
RECOMMENDATION:
Staff recommends that the City Council approves the minutes of the regular City Council
meeting on February 19, 2019.
ATTACHMENTS:
2-19-19 Regular Meeting Minutes
3.A.2
Packet Pg. 4
ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, FEBRUARY 19, 2019
5:30 PM CLOSED SESSION
6:30 PM OPEN SESSION
SAN JACINTO COMMUNITY CENTER
625 S. PICO AVE
SAN JACINTO, CA 92583
951-487-7339
1. ORGANIZATION
Mayor Utz called the meeting to order at 5:35 pm.
1.1 Public Comments on Closed Session Items
There were no public comments on Closed Session items.
Mayor Utz adjourned the Regular meeting to Closed Session at 5:36 pm.
1.2 Closed Session
1.2.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 432-280-009
Agency Negotiators: Robert A. Johnson, City Manager, and Michael J. Maurer,
City Attorney
Negotiating Parties: Marianne Millard
Under Negotiation: Price and Terms
1.2.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 432-260-012
Agency Negotiators: Robert A. Johnson, City Manager, and Michael J. Maurer,
City Attorney
Negotiating Parties: The Metropolitan Water District of Southern California
Under Negotiation: Price
1.2.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 432-280-019
Agency Negotiators: Robert A. Johnson, City Manager, and Michael J. Maurer,
RUSS UTZ, MAYOR
ANDREW KOTYUK, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
JOEL LOPEZ, COUNCILMEMBER
CRYSTAL RUIZ, COUNCILMEMBER
3.A.2.a
Packet Pg. 5 Attachment: 2-19-19 Regular Meeting Minutes (Minutes)
City Attorney
Negotiating Parties: Kachina Ranch, LLC
Under Negotiation: Price
1.2.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 432-280-010, 432-280-012, 432-280-023
Agency Negotiators: Robert A. Johnson, City Manager, and Michael J.
Maurer, City Attorney
Negotiating Parties: Kachina Ranch, LLC
Under Negotiation: Price
1.2.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 432-280-021, 432-280-028
Agency Negotiators: Robert A. Johnson, City Manager, and Michael J.
Maurer, City Attorney
Negotiating Parties: Esplanade Commons, LLC
Under Negotiation: Price
1.2.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 432-260-010, 432-260-011
Agency Negotiators: Robert A. Johnson, City Manager, and Michael J.
Maurer, City Attorney
Negotiating Parties: Gilbert P. Chacon and Mario A. Chacon
Under Negotiation: Price
Mayor Utz called meeting to order at 6:32 p.m.
1.3 Closed Session Report
City Attorney Michael J. Maurer stated there was an error on closed session
Item 1.2.3. on the agenda; the correct assessor parcel number for Item 1.2.3.
is APN 432-280-019, not APN 432-260-019.
1.4 Roll Call
City Clerk Angela Walton conducted the roll call:
Present: Lopez, Kotyuk, Ruiz, Utz
Absent: Ledezma
M/S/C (Ruiz/Kotyuk) moved to approve Councilmember Ledezma’s absence. Motion carried
4/0.
Ayes: Lopez, Kotyuk, Ruiz, Utz
Nays: None
Absent: Ledezma
Abstain: None
3.A.2.a
Packet Pg. 6 Attachment: 2-19-19 Regular Meeting Minutes (Minutes)
1.5 Invocation
Joel Ortiz from San Jacinto American Legion Post 848 led the invocation.
1.6 Pledge of Allegiance
Girl Scouts of San Jacinto Troop 95 led the Pledge.
1.7 Mayor / Council Member Reports / Discussion
1.8 Late Items
City Attorney Michael J. Maurer presented Resolution No. 3749 to declare a state of
emergency due to recent rains, and proposed adding this item to the Consent Calendar as
Item 3.A.5.
M/S/C (Ruiz/Kotyuk) moved to approve Resolution No. 3749 as presented. Motion carried 4/0.
Ayes: Lopez, Kotyuk, Ruiz, Utz
Nays: None
Absent: Ledezma
Abstain: None
2. PUBLIC COMMENTS
Public Speakers:
Matt Stoeppelwerth
Sandra Lewis
Amrik Singh
Sonia Ramos
Liz Westley
3. JOINT CONSENT CALENDARS
City Council Consent Calendar Item 3.A and Successor Agency Item 3.B Consent Calendars
were heard concurrently.
3.A Consent Calendar – City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading b y Title Onl y
3.A.2. Minutes of Regular City Council Meeting held on February 5, 2019 / City
Clerk
3.A.3. Warrants and Disbursements January 2019 / Finance Director
3.A.4 Independent Accountants’ Report on Agreed -Upon Procedures Applied
to Appropriations Limit Worksheets for the Year Ended June 30, 2018
/ Finance Director
3.A.2.a
Packet Pg. 7 Attachment: 2-19-19 Regular Meeting Minutes (Minutes)
3.A.5 Resolution No. 3749 / A Resolution of the City Council of the City of San
Jacinto Proclaiming the Existence of a Local State of Emergency Due to
Storm, Floods and Torrential Rain / City Attorney
3.B Consent Calendar – Successor Agency to the Redevelopment Agency of the City
of San Jacinto
M/S/C (Kotyuk/Lopez) moved to approve the Consent Calendar. Motion carried 4/0.
Ayes: Lopez, Kotyuk, Ruiz, Utz
Nays: None
Absent: Ledezma
Abstain: Kotyuk, Item 3.A.3, # 124004 & 124030; Utz, Item 3.A.3, # 124011
4. PUBLIC HEARING
4.1. Development Agreement No. 18-1 – Extend Conditional Use Permit 1-08 (CUP 1-08)
for five (5) years.
Adopt Ordinance 19-06, “An Ordinance Of The City Council Of
The City Of San Jacinto, California, Adopting Development
Agreement No. 18-1 Between The City Of San Jacinto And SRC,
LP And SJSA Investments, LLC
Planning Consultant Mary Lanier presented the staff report.
Mayor Utz opened the Public Hearing at 7:07 p.m. There were no public speakers, and
Mayor Utz closed the Public Hearing at 7:08 p.m.
M/S/C (Kotyuk/Ruiz) moved to amend Development Agreement No. 18-1 – Extend
Conditional Use Permit 1-08 (CUP 1- 08) for four (4) years. Motion carried 4/0.
Ayes: Lopez, Kotyuk, Ruiz, Utz
Nays: None
Absent: Ledezma
Abstain: None
4.2 Development Agreement No. 18-2 – Extend Tentative Tract Map 33716 for a
term of five years.
Adopt Ordinance 19-07, “An Ordinance Of The City Council
Of The City Of San Jacinto, California, Adopting Development
Agreement No. 18-2 Between The City Of San Jacinto And
Mountain States Development, LLC
3.A.2.a
Packet Pg. 8 Attachment: 2-19-19 Regular Meeting Minutes (Minutes)
Planning Consultant Mary Lanier presented the staff report.
Mayor Utz opened the Public Hearing at 7:29 p.m. There were no public speakers, and
Mayor Utz closed the Public Hearing at 7:30 p.m.
M/S/C (Ruiz) made a motion to approve Development Agreement No. 18-2-Extend Tentative Tract
Map 33716 for a term of five (5) years.
M/S/C (Kotyuk/Lopez) made a substitute motion to amend Development Agreement No. 18-2-Extend
Tentative Tract Map 33716 for a term of four (4) years. Motion carried 4/0.
Ayes: Lopez, Kotyuk, Ruiz, Utz
Nays: None
Absent: Ledezma
Abstain: None
5. DISCUSSION ITEMS
5.1 Amendment of the Conflict of Interest Code Pursuant to the Political Reform
Act of 1974
City Clerk Angela Walton presented the staff report.
M/S/C (Kotyuk/Ruiz) moved to approve Conflict of Interest Code Amendments as presented.
Motion carried 4/0.
Ayes: Lopez, Kotyuk, Ruiz Utz
Nays: None
Absent: Ledezma
Abstain: None
5.2 Annual Financial Report, SAS 114 Report and GAS report for the Fiscal Year
Ended June 30, 2018
Scott Mannon of the firm Rogers, Anderson, Malody & Scott, LLP presented the
audit report.
M/S/C (Ruiz/Lopez) moved to approve Final Audit Report as presented. Motion
carried 4/0.
Ayes: Lopez, Kotyuk, Ruiz, Utz
Nays: None
Absent: Ledezma
Abstain: None
3.A.2.a
Packet Pg. 9 Attachment: 2-19-19 Regular Meeting Minutes (Minutes)
5.3 Planning Commission Ad Hoc Committee Recommendation
Mayor Utz recused himself citing a conflict of interest on this item and left the
dais.
The Ad Hoc Committee consisted of Mayor Pro Tem Kotyuk and Councilmember
Ruiz. Mayor Pro Tem Kotyuk presented the staff report and the Ad Hoc Committee’s
recommendation of Corrine Awad.
M/S/C (Ruiz/Lopez) moved to approve the Planning Commissioner Ad Hoc Appointment
Recommendation of Corrine Awad. Motion carried 3/0.
Ayes: Lopez, Kotyuk, Ruiz
Nays: None
Absent: Ledezma
Abstain: Utz
6. CITY MANAGER UPDATE
City Manager Rob Johnson provided a status report on future requests from City Council to staff.
7. FUTURE CITY COUNCIL REQUESTS TO STAFF
Mayor Utz would like to bring back the City’s Veterans Day celebration and volunteered to
assist.
Mayor Pro Tem Kotyuk would like City to give a presentation on the Barn renovation.
8. ADJOURNMENT
With no further business before the City Council, Mayor Utz adjourned the Regular
Meeting of the City Council at 8:09 pm.
CITY OF SAN JACINTO:
____________________
Russ Utz, Mayor
ATTEST:
________________________
Angela Walton, City Clerk
Approved as read: ___
Approved as amended ____
3.A.2.a
Packet Pg. 10 Attachment: 2-19-19 Regular Meeting Minutes (Minutes)
March 5, 2019
TO: City Council
REQUESTED BY: Tom Prill, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Treasurer’s Report at January 31, 2019
RECOMMENDATION:
Receive and File Treasurer’s Report for the month ending January 31, 2019.
BACKGROUND:
The Treasurer’s Report is required to be presented to the governing body at least quarterly in
accordance with California Government Code Section 53600 et. seq.
DISCUSSION:
Total Cash and City Investments increased 2.79% during the month. This includes cash, cash in
bank and cash with trustee.
The attached Treasurer’s report is a “snapshot” report of our cash position on the last day of the
month in all of our accounts. A section demonstrating compliance with the adopted Investment
Policy and a chart depicting historical interest rates for certain positions is also included.
Detailed statements of investments from Chandler Asset Management and Public Trust Advisors
have also been included.
FISCAL IMPACT:
None.
ATTACHMENTS:
2018-19 January Treasurers Report
3.A.3
Packet Pg. 11
Page 1
TREASURER'S REPORT
FOR THE MONTH ENDING JANUARY 31, 2019
12/31/2018 1/31/2019 % change 1/31/2019 COMPUTED
INVESTMENT INSTITUTION INTEREST JAN PURCHASE MATURITY PREV. MONTH CURRENT from prior MARKET ACCR. INT.AVERAGE
TYPE SERIAL #RATE YIELD INTEREST DATE DATE BALANCE BALANCE month VALUE & MKT. VALUE DURATION
STATE POOL L.A.I.F.2.285%2.309%$30,509 Various Open $15,667,639 N $15,768,748 0.65%$15,799,257 $30,509
MONEY MARKET Bank of Hemet 0.150%0.150%$498 Various Open $3,923,934 Q $4,324,432 10.21%$4,324,432 $0
DEMAND Acct - old Bank of Hemet 0.000%0.000%N/A Various Open $118,833 Q $885,730 645.36%$885,730 $0
DEMAND Acct - new Bank of Hemet 0.000%0.000%N/A Various Open $244,154 Q $84,715 -65.30%$84,715 $0
PAYROLL Account Bank of Hemet 0.000%0.000%N/A Various Open $122,266 Q $10,985 -91.02%$10,985 $0
Water Construction Bank of Hemet 0.000%0.000%N/A Various Open $37,836 Q ($10)-100.03%($10)$0
MONEY MARKET Rabobank 0.050%0.050%$1 Various Open $76,701 Q $27,597 -64.02%$27,597 $0
MONEY MARKET Rabobank 0.200%0.200%$129 Various Open $767,553 Q $743,130 -3.18%$743,130 $0
CCA Lockbox River City Bank 0.000%0.000%$0 Various Open $499,958 Q $736,349 47.28%$736,349 $0
MANAGED Acct - CAM Chandler / U.S. Bank - Gov't Ob Fund 2.010%2.029%$328 Various Various $6,412 L $14,404 124.64%$14,404 $0 0.00
MANAGED Acct - CAM Chandler / U.S. Bank - Agency 1.840%1.856%$11,444 Various Various $4,953,288 C $4,962,645 0.19%$4,955,564 ($7,081)1.90
MANAGED Acct - CAM Chandler / U.S. Bank - Commercial 0.000%0.000%$0 Various Various $0 E $0 0.00%$0 $0 0.00
MANAGED Acct - CAM Chandler / U.S. Bank - US Corporate 2.180%2.202%$3,975 Various Various $2,318,718 F $2,478,725 6.90%$2,466,980 ($11,745)1.56
MANAGED Acct - CAM Chandler / U.S. Bank - US Treasury 2.010%2.029%$5,687 Various Various $2,780,463 A $2,665,216 -4.14%$2,675,313 $10,097 2.08
MANAGED Acct - CAM Chandler / U.S. Bank - Asset-Backed Sec.2.380%2.406%$0 Various Various $496,403 J $452,022 -8.94%$452,665 $643 0.69
MANAGED Acct - PTA PTA / U.S. Bank - Gov't Ob Fund 2.000%2.018%$107 Various Various $43,118 L $59,629 38.29%$59,629 $0 0.00
MANAGED Acct - PTA PTA / U.S. Bank - Agency 2.357%2.383%$0 Various Various $970,341 C $1,100,247 13.39%$1,106,914 $6,667 1.97
MANAGED Acct - PTA PTA / U.S. Bank - US Corporate 2.193%2.215%$4,940 Various Various $2,307,619 F $2,307,619 0.00%$2,310,035 $2,416 1.17
MANAGED Acct - PTA PTA / U.S. Bank - US Treasury 2.292%2.316%$16,128 Various Various $6,972,611 A $6,827,539 -2.08%$6,848,299 $20,760 1.95
MANAGED Acct - PTA PTA / U.S. Bank - Municipal Bonds 0.000%0.000%$0 Various Various $0 D $0 0.00%$0 $0 0.00
MANAGED Acct - PTA PTA / U.S. Bank - Asset-Backed Sec.2.884%2.922%$0 Various Various $197,430 J $197,430 0.00%$199,126 $1,696 0.79
CASH Cash in EOC Lockbox 0.000%0.000%N/A Various n/a $5,000 Q $5,000 0.00%$5,000 $0
CASH Cash on Hand 0.000%0.000%N/A Various n/a $850 Q $850 0.00%$850 $0
TOTAL CITY INVESTMENTS & FUNDS 1.833%1.849%$73,746 $42,511,127 $43,653,002 2.69%$43,706,965 $53,963
Annual Return Based on Previous Month Balance 1.486%
RESTRICTED CASH WITH FISCAL AGENT (BOND FUNDS)
Trustee
STREETLIGHT ACQUISITION
Mutual Fund Wilmington Blackrock Liquidity Funds XXXXX3-00X 1.970%1.988%Various Open $2,127,793 K $2,131,485 0.17%$2,131,485 $0
CFD NO. 2002-1
Mutual Fund Union Bank Blackrock Prov. T-Fund XXXX16090X 2.270%2.294%Various Open $1,797,316 K $1,800,645 0.19%$1,800,645 $0
2005 RDA SAN JACINTO TAX ALLOCATION BONDS
Mutual Fund Union Bank Blackrock Prov. T-Fund XXXX75750X 2.270%2.294%Various Open $175 K $148,663 84850.29%$148,663 $0
TOTAL CASH WITH FISCAL AGENT $3,925,284 $4,080,793 3.96%$4,080,793 $0
TOTAL ALL FUNDS $46,436,411 $47,733,795 2.79%$47,787,758 $53,963
PER INVESTMENT POLICY:Maximum %Current %In Compliance?
Level 1 - Investments
U.S. Treasury Bills, Notes and Bonds 100%20%Yes A $9,492,755
Negotiable CDs 30%0%Yes B $0
Obligations issued by U.S. Government Agencies 100%13%Yes C $6,062,892
Municipal Bonds 100%0%Yes D $0
Commercial Paper 25%0%Yes E $0
Medium Term Notes 30%10%Yes F $4,786,344
Repurchase Agreements 100%0%Yes G $0
Banker's Acceptances 40%0%Yes H $0
Time Deposits & CDARS 30%0%Yes I $0
Mortgage pass-through / asset-backed securities 20%1%Yes J $649,452
Mutual Funds (Limited to U.S. Treasuries)18%9%Yes K $4,080,793
Reviewed By: Finance Director - 2/28/2019
3.A.3.a
Packet Pg. 12 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Page 2
TREASURER'S REPORT
FOR THE MONTH ENDING JANUARY 31, 2019
12/31/2018 1/31/2019 % change 1/31/2019 COMPUTED
INVESTMENT INSTITUTION INTEREST JAN PURCHASE MATURITY PREV. MONTH CURRENT from prior MARKET ACCR. INT.AVERAGE
TYPE SERIAL #RATE YIELD INTEREST DATE DATE BALANCE BALANCE month VALUE & MKT. VALUE DURATION
Mutual Funds (Limited to U.S. Govt. Sec.)18%0%Yes L $74,033
Level 2 - Investments
Money Market Funds (non-brokered)20%0%Yes M $0
LAIF 70%33%Yes N $15,768,748
RCIF 70%0%Yes O $0
Other JPA Pool 50%0%Yes P $0
Cash & Demand Accounts n/a n/a n/a Q $6,818,778
$47,733,795
I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND
THE CITY OF SAN JACINTO'S INVESTMENT POLICIES. CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS
AS PER GOVERNMENT CODE 53646(b)(3).
KALEENA RICHARDS, TREASURER
City of San Jacinto
Reviewed By: Finance Director - 2/28/2019
3.A.3.a
Packet Pg. 13 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
-
0.500
1.000
1.500
2.000
2.500
2/163/164/165/166/167/168/169/1610/1611/1612/161/172/173/174/175/176/177/178/179/1710/1711/1712/171/182/183/184/185/186/187/188/189/1810/1811/1812/181/19Interest Rates - 2/16 to 1/19
LAIF
LAMMA-BoH
MMA-Rabo
PIMMA-Rabo
Chandler
BLX / PTA
3.A.3.a
Packet Pg. 14 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
MONTHLY ACCOUNT STATEMENT
City of San Jacinto - Account #10167
JANUARY 1, 2019 THROUGH JANUARY 31, 2019
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.
CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:
For questions about your account, please call (800) 317-4747,
or contact operations@chandlerasset.com
Custodian
US Bank
Christopher Isles
(503) 464-3685
3.A.3.a
Packet Pg. 15 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
ACCOUNT SUMMARY
Beg. Values
as of 12/31/18
End Values
as of 1/31/19
Market Value 10,478,264 10,521,096
Accrued Interest 48,325 43,831
Total Market Value 10,526,589 10,564,927
Income Earned 16,515 17,243
Cont/WD -978
Par 10,584,933 10,598,463
Book Value 10,552,513 10,572,869
Cost Value 10,555,284 10,573,013
TOP ISSUERS
Government of United States 25.3%
Federal Home Loan Bank 18.5%
Federal Home Loan Mortgage Corp 16.2%
Federal National Mortgage Assoc 9.9%
Federal Farm Credit Bank 2.4%
Wal-Mart Stores 1.9%
Berkshire Hathaway 1.9%
Oracle Corp 1.9%
Total 77.9%
PORTFOLIO CHARACTERISTICS
Average Modified Duration 1.81
Average Coupon 1.89%
Average Purchase YTM 1.99%
Average Market YTM 2.58%
Average S&P/Moody Rating AA/Aa1
Average Final Maturity 1.96 yrs
Average Life 1.90 yrs
CREDIT QUALITY (S&P)MATURITY DISTRIBUTIONSECTOR ALLOCATION
Portfolio Summary
As of January 31, 2019
City of San Jacinto
Account #10167
PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 6/30/2012
City of San Jacinto 0.37%1.41%0.37%2.35%1.41%1.15%1.04%N/A 0.95%
ICE BAML 1-3 Yr US Treasury Index 0.27%1.41%0.27%2.15%1.07%0.85%0.83%N/A 0.76%
ICE BAML 1-3 Yr US Corp/Govt Rated AAA-A Index 0.34%1.44%0.34%2.25%1.26%1.06%0.99%N/A 0.96%
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 1
3.A.3.a
Packet Pg. 16 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Category Standard Comment
Municipal Securities "A" rating category or better by a NRSRO; 30% maximum; 5% max per issuer Complies
Treasury Issues No Limitation Complies
Agency Issues No Limitation Complies
Supranationals
"AA" rated or better by a NRSRO; 30% maximum; 10% max per issuer; U.S. dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and
Development ("IBRD"), the International Finance Corporation ("IFC") or the Inter-American Development Bank ("IADB")
Complies
Banker’s Acceptances "A-1" short term debt rated or higher by at least two NRSROs; and "A" long-term debt rated or higher by at least two
NRSROs; 40% maximum; 5% max per issuer; 180 days max maturity Complies
Commercial Paper
"A-1" short term debt rated or higher by at least two NRSROs; and "A" long-term debt rated or higher by at least two
NRSROs; 25% maximum; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the
U.S. with assets > $500 million
Complies
Negotiable Certificates of Deposit "A" long-term issuer rated category or higher by at least two NRSROs; and/or "A-1" short term rated or higher by at least
two NRSROs; 30% maximum; 5% max per issuer Complies
Federally Insured Certificates of Deposit
(CDs)/ Time Deposit (TDs)
20% maximum (combined FDIC insured and collateralized TD/ CD); Amount per institution is limited to maximum covered
under federal insurance Complies
Collateralized Certificates of Deposit
(CDs)/Time Deposit (TDs)/
"A" long-term debt rated category or higher by at least two NRSROs; and/or "A-1" short term debt rated or higher by at
least two NRSROs; 20% maximum (combined FDIC and collateralized TD/ CD)Complies
Corporate Medium Term Notes "A" rated category or better by at least two NRSROs; 30% maximum; 5% max per issuer; Issued by corporations organized
and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating within the U.S. Complies
Mutual Fund & Money Market Mutual
Fund
Highest rating or "AAA" rated by two NRSROs; SEC registered adviser with AUM >$500 million and experience > 5 years;
20% maximum in Mutual Funds and Money Market Mutual Funds; 10% max per one Mutual Fund; 20% max in Money
Market Mutual Fund
Complies
Asset-Backed (ABS), Mortgage-Backed
Securities; Mortgage Pass-Throughs;
Collateralized Mortgage Obligations
(CMOs)
"AA" rated category or better by at least two NRSROs; "A" issuer debt rated category or higher by at least two NRSROs; 20%
maximum; 5% max per issuer Complies
Local Agency Investment Fund (LAIF) 70% of the portfolio may be invested in LAIF, up to the maximum permitted balance; Not used by investment adviser Complies
Local Government Investment Pools and
Joint Powers Authority Pools
Riverside County Investment Fund- 70% max of the total portfolio
JPA Pools- 50% max of the total portfolio
Repurchase Agreements 102% collateralized; 1 year max maturity Complies
Prohibited Securities Inverse floaters; Ranges notes, Interest-only strips from mortgaged backed securities; Zero interest accrual securities;
Margin purchasing or selling; Reverse repurchase agreements; Foreign currency denominated securities Complies
Max Callables 20% maximum callable securities (does not include "make whole call" securities)Complies
Max Per Issuer 5% of portfolio per issuer (except U.S. Government, its Agencies and enterprises, Money Market Mutual Funds, Mutual
Funds, LAIF, LGIP, Supranationals, or unless otherwise specified in the investment policy)Complies
Maximum maturity 5 years Complies
City of San Jacinto
As of January 31, 2019
Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy.
Statement of Compliance 3.A.3.a
Packet Pg. 17 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
BOOK VALUE RECONCILIATION
BEGINNING BOOK VALUE $10,552,512.96
Acquisition
+ Security Purchases $485,283.00
+ Money Market Fund Purchases $495,751.73
+ Money Market Contributions $0.00
+ Security Contributions $0.00
+ Security Transfers $0.00
Total Acquisitions $981,034.73
Dispositions
- Security Sales $98,904.00
- Money Market Fund Sales $486,780.94
- MMF Withdrawals $978.33
- Security Withdrawals $0.00
- Security Transfers $0.00
- Other Dispositions $0.00
- Maturites $330,000.00
- Calls $0.00
- Principal Paydowns $44,462.53
Total Dispositions $961,125.80
Amortization/Accretion
+/- Net Accretion $849.85
$849.85
Gain/Loss on Dispositions
+/- Realized Gain/Loss ($402.63)
($402.63)
ENDING BOOK VALUE $10,572,869.11
CASH TRANSACTION SUMMARY
BEGINNING BALANCE $6,411.71
Acquisition
Contributions $0.00
Security Sale Proceeds $98,904.00
Accrued Interest Received $134.44
Interest Received $21,922.63
Dividend Received $328.13
Principal on Maturities $330,000.00
Interest on Maturities $0.00
Calls/Redemption (Principal)$0.00
Interest from Calls/Redemption $0.00
Principal Paydown $44,462.53
Total Acquisitions $495,751.73
Dispositions
Withdrawals $978.33
Security Purchase $485,283.00
Accrued Interest Paid $1,497.94
Total Dispositions $487,759.27
ENDING BOOK VALUE $14,404.17
Reconciliation Summary
As of January 31, 2019
City of San Jacinto California
Account #10167
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 3
3.A.3.a
Packet Pg. 18 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Holdings Report
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
43814PAB6 Honda Auto Receivables Owner T 17-3
A2
1.57% Due 1/21/2020
13,416.24 09/25/2017
1.58%
13,415.05
13,415.74
99.83
3.31%
13,392.78
7.61
0.13%
(22.96)
NR / AAA
AAA
0.97
0.13
43814QAC2 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
15,442.45 04/26/2017
1.72%
15,368.26
15,412.29
99.68
3.07%
15,392.73
9.54
0.15%
(19.56)
Aaa / NR
AAA
1.21
0.19
47788MAC4 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
33,648.91 Various
1.56%
33,586.43
33,620.35
99.82
2.74%
33,589.00
20.34
0.32%
(31.35)
Aaa / NR
AAA
1.21
0.13
89238BAB8 Toyota Auto Receivables Owner 2018-A
A2A
2.1% Due 10/15/2020
173,681.92 01/23/2018
2.12%
173,664.17
173,670.75
99.69
2.96%
173,139.84
162.10
1.64%
(530.91)
Aaa / AAA
NR
1.71
0.38
65478VAD9 NAROT 2016-B A3
1.32% Due 1/15/2021
47,869.24 02/12/2018
1.87%
47,485.91
47,612.49
99.40
2.77%
47,581.92
7.02
0.45%
(30.57)
Aaa / NR
AAA
1.96
0.41
47788BAD6 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
100,000.00 07/26/2018
3.16%
98,511.72
98,747.71
99.02
2.89%
99,015.60
80.89
0.94%
267.89
Aaa / NR
AAA
2.71
0.92
43815HAC1 Honda Auto Receivables Owner 2018-3
A3
2.95% Due 8/22/2022
70,000.00 08/21/2018
2.98%
69,990.40
69,991.44
100.30
2.81%
70,208.32
57.36
0.67%
216.88
Aaa / NR
AAA
3.56
1.83
Total ABS 454,058.76 2.38%
452,021.94
452,470.77 2.90%
452,320.19
344.86
4.28%
(150.58)
Aaa / AAA
AAA
2.16
0.69
AGENCY
3137EADZ9 FHLMC Note
1.125% Due 4/15/2019
235,000.00 07/18/2016
0.92%
236,311.30
235,095.72
99.73
2.45%
234,361.51
778.44
2.23%
(734.21)
Aaa / AA+
AAA
0.20
0.20
313379EE5 FHLB Note
1.625% Due 6/14/2019
150,000.00 09/24/2015
1.27%
151,932.00
150,189.22
99.70
2.43%
149,553.60
318.23
1.42%
(635.62)
Aaa / AA+
AAA
0.37
0.37
3133EFW52 FFCB Note
1.15% Due 7/1/2019
250,000.00 04/08/2016
1.00%
251,222.50
250,155.93
99.49
2.39%
248,722.00
239.58
2.36%
(1,433.93)
Aaa / AA+
AAA
0.41
0.41
3137EADK2 FHLMC Note
1.25% Due 8/1/2019
170,000.00 08/28/2015
1.41%
168,951.10
169,867.33
99.38
2.50%
168,947.02
1,062.50
1.61%
(920.31)
Aaa / AA+
AAA
0.50
0.49
313380FB8 FHLB Note
1.375% Due 9/13/2019
190,000.00 10/25/2017
1.63%
189,110.80
189,710.07
99.29
2.54%
188,651.19
1,001.46
1.80%
(1,058.88)
Aaa / AA+
NR
0.62
0.61
3137EADM8 FHLMC Note
1.25% Due 10/2/2019
155,000.00 09/24/2015
1.34%
154,443.55
154,907.89
99.16
2.53%
153,690.56
640.45
1.46%
(1,217.33)
Aaa / AA+
AAA
0.67
0.66
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 4
3.A.3.a
Packet Pg. 19 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Holdings Report
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3137EAEE5 FHLMC Note
1.5% Due 1/17/2020
260,000.00 03/08/2017
1.72%
258,408.80
259,466.55
99.00
2.56%
257,403.64
151.67
2.44%
(2,062.91)
Aaa / AA+
AAA
0.96
0.95
3135G0A78 FNMA Note
1.625% Due 1/21/2020
245,000.00 12/10/2015
1.61%
245,149.45
245,035.22
99.11
2.56%
242,817.30
110.59
2.30%
(2,217.92)
Aaa / AA+
AAA
0.97
0.96
3135G0T29 FNMA Note
1.5% Due 2/28/2020
205,000.00 08/28/2017
1.48%
205,102.50
205,044.01
98.94
2.50%
202,835.82
1,306.88
1.93%
(2,208.19)
Aaa / AA+
AAA
1.08
1.05
3137EAEF2 FHLMC Note
1.375% Due 4/20/2020
250,000.00 07/27/2017
1.54%
248,900.00
249,510.13
98.65
2.51%
246,623.25
964.41
2.34%
(2,886.88)
Aaa / AA+
AAA
1.22
1.19
3137EADR7 FHLMC Note
1.375% Due 5/1/2020
225,000.00 08/24/2016
1.05%
227,637.00
225,892.07
98.55
2.56%
221,733.45
773.44
2.11%
(4,158.62)
Aaa / AA+
AAA
1.25
1.22
313383HU8 FHLB Note
1.75% Due 6/12/2020
130,000.00 10/14/2015
1.38%
132,181.40
130,636.99
99.00
2.50%
128,697.01
309.65
1.22%
(1,939.98)
Aaa / AA+
NR
1.36
1.33
3130A5Z77 FHLB Note
1.83% Due 7/29/2020
125,000.00 10/27/2015
1.46%
127,132.50
125,668.25
99.01
2.51%
123,763.38
12.71
1.17%
(1,904.87)
Aaa / AA+
AAA
1.49
1.46
3137EAEK1 FHLMC Note
1.875% Due 11/17/2020
225,000.00 01/18/2018
2.19%
223,042.50
223,758.80
98.92
2.50%
222,563.48
867.19
2.11%
(1,195.32)
Aaa / AA+
AAA
1.80
1.74
3130A3UQ5 FHLB Note
1.875% Due 12/11/2020
225,000.00 01/28/2016
1.53%
228,642.75
226,391.13
98.83
2.52%
222,378.30
585.94
2.11%
(4,012.83)
Aaa / AA+
NR
1.86
1.81
3130A7CV5 FHLB Note
1.375% Due 2/18/2021
200,000.00 03/10/2016
1.61%
197,812.00
199,093.28
97.82
2.47%
195,643.20
1,245.14
1.86%
(3,450.08)
Aaa / AA+
AAA
2.05
1.99
3135G0N82 FNMA Note
1.25% Due 8/17/2021
315,000.00 01/26/2017
2.02%
304,579.80
309,171.22
97.03
2.46%
305,650.17
1,793.75
2.91%
(3,521.05)
Aaa / AA+
AAA
2.55
2.47
313378WG2 FHLB Note
2.5% Due 3/11/2022
300,000.00 03/13/2018
2.65%
298,323.00
298,695.67
99.70
2.60%
299,096.10
2,916.67
2.86%
400.43
Aaa / AA+
NR
3.11
2.95
313379Q69 FHLB Note
2.125% Due 6/10/2022
200,000.00 06/20/2017
1.87%
202,370.00
201,599.59
98.60
2.56%
197,200.20
602.08
1.87%
(4,399.39)
Aaa / AA+
AAA
3.36
3.21
3135G0T94 FNMA Note
2.375% Due 1/19/2023
290,000.00 10/17/2018
3.07%
281,993.10
282,534.46
99.51
2.51%
288,574.94
229.58
2.73%
6,040.48
Aaa / AA+
AAA
3.97
3.76
3137EAEN5 FHLMC Note
2.75% Due 6/19/2023
200,000.00 11/13/2018
3.08%
197,176.00
197,308.95
100.96
2.52%
201,919.00
641.67
1.92%
4,610.05
Aaa / AA+
AAA
4.38
4.10
313383YJ4 FHLB Note
3.375% Due 9/8/2023
200,000.00 12/27/2018
2.73%
205,630.00
205,515.10
103.41
2.58%
206,823.20
2,681.25
1.98%
1,308.10
Aaa / AA+
NR
4.61
4.20
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 5
3.A.3.a
Packet Pg. 20 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Holdings Report
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3130A0F70 FHLB Note
3.375% Due 12/8/2023
220,000.00 01/30/2019
2.71%
226,593.40
226,589.68
103.45
2.61%
227,589.56
1,093.13
2.16%
999.88
Aaa / AA+
AAA
4.85
4.45
Total Agency 4,965,000.00 1.84%
4,962,645.45
4,961,837.26 2.52%
4,935,237.88
20,326.41
46.91%
(26,599.38)
Aaa / AA+
AAA
1.99
1.90
MONEY MARKET FUND FI
31846V203 First American Govt Obligation Fund
Class Y
14,404.17 Various
2.01%
14,404.17
14,404.17
1.00
2.01%
14,404.17
0.00
0.14%
0.00
Aaa / AAA
AAA
0.00
0.00
Total Money Market Fund FI 14,404.17 2.01%
14,404.17
14,404.17 2.01%
14,404.17
0.00
0.14%
0.00
Aaa / AAA
AAA
0.00
0.00
US CORPORATE
30231GAP7 Exxon Mobil Corp Note
1.708% Due 3/1/2019
175,000.00 05/19/2016
1.44%
176,281.00
175,035.48
99.95
2.25%
174,918.63
1,245.42
1.67%
(116.85)
Aaa / AA+
NR
0.08
0.08
037833AQ3 Apple Inc Note
2.1% Due 5/6/2019
195,000.00 05/04/2016
1.22%
200,003.70
195,430.72
99.87
2.58%
194,748.45
966.88
1.85%
(682.27)
Aa1 / AA+
NR
0.26
0.26
084670BL1 Berkshire Hathaway Note
2.1% Due 8/14/2019
200,000.00 01/26/2017
1.70%
201,976.00
200,414.43
99.60
2.85%
199,202.20
1,948.33
1.90%
(1,212.23)
Aa2 / AA
A+
0.53
0.52
06406HCW7 Bank of New York Callable Note Cont
8/11/2019
2.3% Due 9/11/2019
150,000.00 10/26/2016
1.55%
153,034.50
150,571.59
99.67
2.84%
149,509.20
1,341.67
1.43%
(1,062.39)
A1 / A
AA-
0.61
0.60
166764AN0 Chevron Corp Callable Note Cont
10/15/2019
2.193% Due 11/15/2019
130,000.00 01/05/2016
2.12%
130,341.90
130,063.61
99.67
2.61%
129,573.73
601.86
1.23%
(489.88)
Aa2 / AA
NR
0.79
0.77
46625HKA7 JP Morgan Chase Callable Note Cont
12/23/2019
2.25% Due 1/23/2020
125,000.00 08/11/2017
1.91%
125,970.00
125,367.00
99.37
2.91%
124,210.88
62.50
1.18%
(1,156.12)
A2 / A-
AA-
0.98
0.96
857477AS2 State Street Bank Note
2.55% Due 8/18/2020
125,000.00 11/29/2016
2.18%
126,620.00
125,674.30
99.60
2.82%
124,494.50
1,443.23
1.19%
(1,179.80)
A1 / A
AA-
1.55
1.49
02665WAZ4 American Honda Finance Note
2.45% Due 9/24/2020
150,000.00 10/07/2016
1.72%
154,161.00
151,734.23
99.40
2.82%
149,100.30
1,296.46
1.42%
(2,633.93)
A2 / A+
NR
1.65
1.59
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 6
3.A.3.a
Packet Pg. 21 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Holdings Report
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
US CORPORATE
91159HHL7 US Bancorp Callable Note 1X
12/29/2020
2.35% Due 1/29/2021
125,000.00 05/02/2017
2.12%
126,012.50
125,529.02
98.98
2.88%
123,729.88
16.32
1.17%
(1,799.14)
A1 / A+
AA-
2.00
1.93
17275RBD3 Cisco Systems Note
2.2% Due 2/28/2021
150,000.00 09/20/2017
1.98%
151,108.50
150,669.52
99.01
2.69%
148,509.60
1,402.50
1.42%
(2,159.92)
A1 / AA-
NR
2.08
2.00
369550BE7 General Dynamics Corp Note
3% Due 5/11/2021
125,000.00 05/15/2018
3.25%
124,128.75
124,335.96
100.60
2.72%
125,752.63
833.33
1.20%
1,416.67
A2 / A+
NR
2.28
2.18
808513AW5 Charles Schwab Corp Callable Note
Cont 4/21/2021
3.25% Due 5/21/2021
150,000.00 05/30/2018
3.01%
151,011.00
150,776.22
100.72
2.91%
151,082.70
947.92
1.44%
306.48
A2 / A
A
2.30
2.12
931142EJ8 Wal-Mart Stores Note
3.125% Due 6/23/2021
200,000.00 Various
2.96%
200,929.00
200,750.83
101.08
2.66%
202,155.20
659.72
1.92%
1,404.37
Aa2 / AA
AA
2.39
2.29
68389XBK0 Oracle Corp Callable Note Cont 8/01/21
1.9% Due 9/15/2021
200,000.00 10/12/2017
2.11%
198,458.00
198,968.05
97.83
2.76%
195,659.20
1,435.56
1.87%
(3,308.85)
A1 / AA-
A
2.62
2.52
89236TDP7 Toyota Motor Credit Corp Note
2.6% Due 1/11/2022
130,000.00 01/28/2019
2.98%
128,629.80
128,632.34
99.27
2.86%
129,048.66
187.78
1.22%
416.32
Aa3 / AA-
A+
2.95
2.81
06051GEU9 Bank of America Corp Note
3.3% Due 1/11/2023
130,000.00 01/28/2019
3.29%
130,059.80
130,059.72
100.51
3.16%
130,656.50
238.33
1.24%
596.78
A3 / A-
A+
3.95
3.67
Total US Corporate 2,460,000.00 2.18%
2,478,725.45
2,464,013.02 2.76%
2,452,352.26
14,627.81
23.35%
(11,660.76)
A1 / AA-
A+
1.63
1.56
US TREASURY
912828ST8 US Treasury Note
1.25% Due 4/30/2019
150,000.00 03/20/2015
1.27%
149,883.32
149,993.15
99.70
2.46%
149,554.65
481.70
1.42%
(438.50)
Aaa / AA+
AAA
0.24
0.24
912828R85 US Treasury Note
0.875% Due 6/15/2019
270,000.00 02/26/2018
2.11%
265,739.06
268,792.88
99.43
2.43%
268,449.66
311.54
2.54%
(343.22)
Aaa / AA+
AAA
0.37
0.37
912828UB4 US Treasury Note
1% Due 11/30/2019
125,000.00 10/26/2016
1.05%
124,819.76
124,951.62
98.73
2.55%
123,418.00
216.35
1.17%
(1,533.62)
Aaa / AA+
AAA
0.83
0.82
912828UV0 US Treasury Note
1.125% Due 3/31/2020
195,000.00 11/17/2015
1.61%
191,054.95
193,951.28
98.40
2.53%
191,876.88
747.32
1.82%
(2,074.40)
Aaa / AA+
AAA
1.16
1.14
912828L32 US Treasury Note
1.375% Due 8/31/2020
200,000.00 11/03/2015
1.56%
198,289.73
199,439.94
98.27
2.50%
196,539.00
1,169.89
1.87%
(2,900.94)
Aaa / AA+
AAA
1.58
1.54
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 7
3.A.3.a
Packet Pg. 22 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Holdings Report
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
US TREASURY
912828M98 US Treasury Note
1.625% Due 11/30/2020
205,000.00 Various
1.71%
204,350.30
204,697.48
98.46
2.49%
201,836.85
576.57
1.92%
(2,860.63)
Aaa / AA+
AAA
1.83
1.78
912828N89 US Treasury Note
1.375% Due 1/31/2021
160,000.00 04/04/2018
2.41%
155,500.00
156,816.86
97.87
2.47%
156,587.52
6.08
1.48%
(229.34)
Aaa / AA+
AAA
2.00
1.96
912828Q78 US Treasury Note
1.375% Due 4/30/2021
210,000.00 05/25/2017
1.66%
207,753.05
208,713.11
97.64
2.46%
205,037.07
741.82
1.95%
(3,676.04)
Aaa / AA+
AAA
2.25
2.18
912828S76 US Treasury Note
1.125% Due 7/31/2021
260,000.00 11/29/2017
1.98%
252,169.53
254,672.47
96.79
2.46%
251,641.52
8.08
2.38%
(3,030.95)
Aaa / AA+
AAA
2.50
2.44
912828T34 US Treasury Note
1.125% Due 9/30/2021
125,000.00 05/30/2018
2.59%
119,194.34
120,366.91
96.67
2.42%
120,835.00
479.05
1.15%
468.09
Aaa / AA+
AAA
2.67
2.59
912828G53 US Treasury Note
1.875% Due 11/30/2021
220,000.00 04/26/2017
1.81%
220,653.86
220,402.53
98.45
2.44%
216,596.82
713.94
2.06%
(3,805.71)
Aaa / AA+
AAA
2.83
2.73
912828W89 US Treasury Note
1.875% Due 3/31/2022
200,000.00 04/26/2018
2.75%
193,531.25
194,794.33
98.33
2.43%
196,656.20
1,277.47
1.87%
1,861.87
Aaa / AA+
AAA
3.16
3.03
9128284D9 US Treasury Note
2.5% Due 3/31/2023
210,000.00 Various
2.95%
206,053.12
206,353.25
100.23
2.44%
210,475.86
1,788.46
2.01%
4,122.61
Aaa / AA+
AAA
4.16
3.90
912828Y61 US Treasury Note
2.75% Due 7/31/2023
175,000.00 12/27/2018
2.59%
176,223.63
176,198.08
101.30
2.44%
177,276.40
13.29
1.68%
1,078.32
Aaa / AA+
AAA
4.50
4.21
Total US Treasury 2,705,000.00 2.01%
2,665,215.90
2,680,143.89 2.47%
2,666,781.43
8,531.56
25.32%
(13,362.46)
Aaa / AA+
AAA
2.17
2.08
TOTAL PORTFOLIO 10,598,462.93 1.99%
10,573,012.91
10,572,869.11 2.58%
10,521,095.93
43,830.64
100.00%
(51,773.18)
Aa1 / AA
AAA
1.96
1.81
TOTAL MARKET VALUE PLUS ACCRUED 10,564,926.57
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 8
3.A.3.a
Packet Pg. 23 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Transaction Ledger
As of January 31, 2019
City of San Jacinto
Account #10167
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/01/2019 31846V203 1,437.50 First American Govt Obligation Fund
Class Y
1.000 2.05%1,437.50 0.00 1,437.50 0.00
Purchase 01/02/2019 31846V203 328.13 First American Govt Obligation Fund
Class Y
1.000 2.05%328.13 0.00 328.13 0.00
Purchase 01/09/2019 31846V203 1,100.00 First American Govt Obligation Fund
Class Y
1.000 2.05%1,100.00 0.00 1,100.00 0.00
Purchase 01/15/2019 31846V203 3,280.47 First American Govt Obligation Fund
Class Y
1.000 2.05%3,280.47 0.00 3,280.47 0.00
Purchase 01/15/2019 31846V203 151.67 First American Govt Obligation Fund
Class Y
1.000 2.05%151.67 0.00 151.67 0.00
Purchase 01/15/2019 31846V203 13,806.88 First American Govt Obligation Fund
Class Y
1.000 2.05%13,806.88 0.00 13,806.88 0.00
Purchase 01/15/2019 31846V203 4,745.30 First American Govt Obligation Fund
Class Y
1.000 2.05%4,745.30 0.00 4,745.30 0.00
Purchase 01/15/2019 31846V203 18,796.06 First American Govt Obligation Fund
Class Y
1.000 2.05%18,796.06 0.00 18,796.06 0.00
Purchase 01/17/2019 31846V203 1,950.00 First American Govt Obligation Fund
Class Y
1.000 2.05%1,950.00 0.00 1,950.00 0.00
Purchase 01/18/2019 31846V203 4,326.44 First American Govt Obligation Fund
Class Y
1.000 2.05%4,326.44 0.00 4,326.44 0.00
Purchase 01/19/2019 31846V203 3,443.75 First American Govt Obligation Fund
Class Y
1.000 2.05%3,443.75 0.00 3,443.75 0.00
Purchase 01/21/2019 31846V203 1,990.63 First American Govt Obligation Fund
Class Y
1.000 2.05%1,990.63 0.00 1,990.63 0.00
Purchase 01/22/2019 31846V203 172.08 First American Govt Obligation Fund
Class Y
1.000 2.05%172.08 0.00 172.08 0.00
Purchase 01/23/2019 31846V203 1,406.25 First American Govt Obligation Fund
Class Y
1.000 2.05%1,406.25 0.00 1,406.25 0.00
Purchase 01/28/2019 31846V203 1,478.13 First American Govt Obligation Fund
Class Y
1.000 2.05%1,478.13 0.00 1,478.13 0.00
Purchase 01/28/2019 31846V203 215,000.00 First American Govt Obligation Fund
Class Y
1.000 2.05%215,000.00 0.00 215,000.00 0.00
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 9
3.A.3.a
Packet Pg. 24 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Transaction Ledger
As of January 31, 2019
City of San Jacinto
Account #10167
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/29/2019 31846V203 2,612.50 First American Govt Obligation Fund
Class Y
1.000 2.05%2,612.50 0.00 2,612.50 0.00
Purchase 01/30/2019 06051GEU9 130,000.00 Bank of America Corp Note
3.3% Due 1/11/2023
100.046 3.29%130,059.80 226.42 130,286.22 0.00
Purchase 01/30/2019 89236TDP7 130,000.00 Toyota Motor Credit Corp Note
2.6% Due 1/11/2022
98.946 2.98%128,629.80 178.39 128,808.19 0.00
Purchase 01/31/2019 3130A0F70 220,000.00 FHLB Note
3.375% Due 12/8/2023
102.997 2.71%226,593.40 1,093.13 227,686.53 0.00
Purchase 01/31/2019 31846V203 99,038.44 First American Govt Obligation Fund
Class Y
1.000 2.01%99,038.44 0.00 99,038.44 0.00
Purchase 01/31/2019 31846V203 115,000.00 First American Govt Obligation Fund
Class Y
1.000 2.01%115,000.00 0.00 115,000.00 0.00
Purchase 01/31/2019 31846V203 5,687.50 First American Govt Obligation Fund
Class Y
1.000 2.01%5,687.50 0.00 5,687.50 0.00
Subtotal 975,751.73 981,034.73 1,497.94 982,532.67 0.00
Short Sale 01/31/2019 31846V203 -227,686.53 First American Govt Obligation Fund
Class Y
1.000 -227,686.53 0.00 -227,686.53 0.00
Subtotal -227,686.53 -227,686.53 0.00 -227,686.53 0.00
TOTAL ACQUISITIONS 748,065.20 753,348.20 1,497.94 754,846.14 0.00
DISPOSITIONS
Closing
Purchase
01/31/2019 31846V203 -227,686.53 First American Govt Obligation Fund
Class Y
1.000 -227,686.53 0.00 -227,686.53 0.00
Subtotal -227,686.53 -227,686.53 0.00 -227,686.53 0.00
Sale 01/30/2019 31846V203 259,094.41 First American Govt Obligation Fund
Class Y
1.000 2.05%259,094.41 0.00 259,094.41 0.00
Sale 01/31/2019 31846V203 227,686.53 First American Govt Obligation Fund
Class Y
1.000 2.01%227,686.53 0.00 227,686.53 0.00
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 10
3.A.3.a
Packet Pg. 25 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Transaction Ledger
As of January 31, 2019
City of San Jacinto
Account #10167
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Sale 01/31/2019 36962G7M0 100,000.00 General Electric Capital Corp Callable
Note 1X 12/9/2019
2.2% Due 1/9/2020
98.904 3.39%98,904.00 134.44 99,038.44 -402.63
Subtotal 586,780.94 585,684.94 134.44 585,819.38 -402.63
Paydown 01/15/2019 43814QAC2 3,258.81 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
100.000 3,258.81 21.66 3,280.47 0.00
Paydown 01/15/2019 47788BAD6 0.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
100.000 0.00 151.67 151.67 0.00
Paydown 01/15/2019 47788MAC4 13,753.16 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
100.000 13,753.16 53.72 13,806.88 0.00
Paydown 01/15/2019 65478VAD9 4,687.49 NAROT 2016-B A3
1.32% Due 1/15/2021
100.000 4,687.49 57.81 4,745.30 0.00
Paydown 01/15/2019 89238BAB8 18,459.81 Toyota Auto Receivables Owner 2018-A
A2A
2.1% Due 10/15/2020
100.000 18,459.81 336.25 18,796.06 0.00
Paydown 01/18/2019 43814PAB6 4,303.26 Honda Auto Receivables Owner T 17-3
A2
1.57% Due 1/21/2020
100.000 4,303.26 23.18 4,326.44 0.00
Paydown 01/22/2019 43815HAC1 0.00 Honda Auto Receivables Owner 2018-3
A3
2.95% Due 8/22/2022
100.000 0.00 172.08 172.08 0.00
Subtotal 44,462.53 44,462.53 816.37 45,278.90 0.00
Maturity 01/28/2019 3135G0H63 215,000.00 FNMA Note
1.375% Due 1/28/2019
100.000 215,000.00 0.00 215,000.00 0.00
Maturity 01/31/2019 912828SD3 115,000.00 US Treasury Note
1.25% Due 1/31/2019
100.000 115,000.00 0.00 115,000.00 0.00
Subtotal 330,000.00 330,000.00 0.00 330,000.00 0.00
Security
Withdrawal
01/04/2019 31846V203 874.16 First American Govt Obligation Fund
Class Y
1.000 874.16 0.00 874.16 0.00
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 11
3.A.3.a
Packet Pg. 26 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Transaction Ledger
As of January 31, 2019
City of San Jacinto
Account #10167
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Security
Withdrawal
01/28/2019 31846V203 104.17 First American Govt Obligation Fund
Class Y
1.000 104.17 0.00 104.17 0.00
Subtotal 978.33 978.33 0.00 978.33 0.00
TOTAL DISPOSITIONS 734,535.27 733,439.27 950.81 734,390.08 -402.63
OTHER TRANSACTIONS
Interest 01/01/2019 3133EFW52 250,000.00 FFCB Note
1.15% Due 7/1/2019
0.000 1,437.50 0.00 1,437.50 0.00
Interest 01/09/2019 36962G7M0 100,000.00 General Electric Capital Corp Callable
Note 1X 12/9/2019
2.2% Due 1/9/2020
0.000 1,100.00 0.00 1,100.00 0.00
Interest 01/17/2019 3137EAEE5 260,000.00 FHLMC Note
1.5% Due 1/17/2020
0.000 1,950.00 0.00 1,950.00 0.00
Interest 01/19/2019 3135G0T94 290,000.00 FNMA Note
2.375% Due 1/19/2023
0.000 3,443.75 0.00 3,443.75 0.00
Interest 01/21/2019 3135G0A78 245,000.00 FNMA Note
1.625% Due 1/21/2020
0.000 1,990.63 0.00 1,990.63 0.00
Interest 01/23/2019 46625HKA7 125,000.00 JP Morgan Chase Callable Note Cont
12/23/2019
2.25% Due 1/23/2020
0.000 1,406.25 0.00 1,406.25 0.00
Interest 01/28/2019 3135G0H63 215,000.00 FNMA Note
1.375% Due 1/28/2019
0.000 1,478.13 0.00 1,478.13 0.00
Interest 01/29/2019 3130A5Z77 125,000.00 FHLB Note
1.83% Due 7/29/2020
0.000 1,143.75 0.00 1,143.75 0.00
Interest 01/29/2019 91159HHL7 125,000.00 US Bancorp Callable Note 1X
12/29/2020
2.35% Due 1/29/2021
0.000 1,468.75 0.00 1,468.75 0.00
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 12
3.A.3.a
Packet Pg. 27 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Transaction Ledger
As of January 31, 2019
City of San Jacinto
Account #10167
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp
Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
OTHER TRANSACTIONS
Interest 01/31/2019 912828N89 160,000.00 US Treasury Note
1.375% Due 1/31/2021
0.000 1,100.00 0.00 1,100.00 0.00
Interest 01/31/2019 912828S76 260,000.00 US Treasury Note
1.125% Due 7/31/2021
0.000 1,462.50 0.00 1,462.50 0.00
Interest 01/31/2019 912828SD3 115,000.00 US Treasury Note
1.25% Due 1/31/2019
0.000 718.75 0.00 718.75 0.00
Interest 01/31/2019 912828Y61 175,000.00 US Treasury Note
2.75% Due 7/31/2023
0.000 2,406.25 0.00 2,406.25 0.00
Subtotal 2,445,000.00 21,106.26 0.00 21,106.26 0.00
Dividend 01/02/2019 31846V203 7,849.21 First American Govt Obligation Fund
Class Y
0.000 328.13 0.00 328.13 0.00
Subtotal 7,849.21 328.13 0.00 328.13 0.00
TOTAL OTHER TRANSACTIONS 2,452,849.21 21,434.39 0.00 21,434.39 0.00
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 13
3.A.3.a
Packet Pg. 28 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Income Earned
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
FIXED INCOME
02665WAZ4 American Honda Finance
Note
2.45% Due 09/24/2020
10/07/2016
10/13/2016
150,000.00
151,823.68
0.00
0.00
151,734.23
990.21
0.00
1,296.46
306.25
0.00
89.45
(89.45)
216.80
216.80
037833AQ3 Apple Inc
Note
2.1% Due 05/06/2019
05/04/2016
05/09/2016
195,000.00
195,572.77
0.00
0.00
195,430.72
625.63
0.00
966.88
341.25
0.00
142.05
(142.05)
199.20
199.20
06051GEU9 Bank of America Corp
Note
3.3% Due 01/11/2023
01/28/2019
01/30/2019
130,000.00
0.00
130,059.80
0.00
130,059.72
0.00
(226.42)
238.33
11.91
0.00
0.08
(0.08)
11.83
11.83
06406HCW7 Bank of New York
Callable Note Cont 8/11/2019
2.3% Due 09/11/2019
10/26/2016
10/31/2016
150,000.00
150,664.36
0.00
0.00
150,571.59
1,054.17
0.00
1,341.67
287.50
0.00
92.77
(92.77)
194.73
194.73
084670BL1 Berkshire Hathaway
Note
2.1% Due 08/14/2019
01/26/2017
01/31/2017
200,000.00
200,480.65
0.00
0.00
200,414.43
1,598.33
0.00
1,948.33
350.00
0.00
66.22
(66.22)
283.78
283.78
166764AN0 Chevron Corp
Callable Note Cont 10/15/2019
2.193% Due 11/15/2019
01/05/2016
01/08/2016
130,000.00
130,077.27
0.00
0.00
130,063.61
364.28
0.00
601.86
237.58
0.00
13.66
(13.66)
223.92
223.92
17275RBD3 Cisco Systems
Note
2.2% Due 02/28/2021
09/20/2017
09/22/2017
150,000.00
150,696.90
0.00
0.00
150,669.52
1,127.50
0.00
1,402.50
275.00
0.00
27.38
(27.38)
247.62
247.62
30231GAP7 Exxon Mobil Corp
Note
1.708% Due 03/01/2019
05/19/2016
05/24/2016
175,000.00
175,074.76
0.00
0.00
175,035.48
996.33
0.00
1,245.42
249.09
0.00
39.28
(39.28)
209.81
209.81
3130A0F70 FHLB
Note
3.375% Due 12/08/2023
01/30/2019
01/31/2019
220,000.00
0.00
226,593.40
0.00
226,589.68
0.00
(1,093.13)
1,093.13
0.00
0.00
3.72
(3.72)
(3.72)
(3.72)
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 14
3.A.3.a
Packet Pg. 29 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Income Earned
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3130A3UQ5 FHLB
Note
1.875% Due 12/11/2020
01/28/2016
01/29/2016
225,000.00
226,454.64
0.00
0.00
226,391.13
234.38
0.00
585.94
351.56
0.00
63.51
(63.51)
288.05
288.05
3130A5Z77 FHLB
Note
1.83% Due 07/29/2020
10/27/2015
10/28/2015
125,000.00
125,706.33
0.00
0.00
125,668.25
965.83
1,143.75
12.71
190.63
0.00
38.08
(38.08)
152.55
152.55
3130A7CV5 FHLB
Note
1.375% Due 02/18/2021
03/10/2016
03/11/2016
200,000.00
199,055.71
0.00
0.00
199,093.28
1,015.97
0.00
1,245.14
229.17
37.57
0.00
37.57
266.74
266.74
313378WG2 FHLB
Note
2.5% Due 03/11/2022
03/13/2018
03/14/2018
300,000.00
298,660.01
0.00
0.00
298,695.67
2,291.67
0.00
2,916.67
625.00
35.66
0.00
35.66
660.66
660.66
313379EE5 FHLB
Note
1.625% Due 06/14/2019
09/24/2015
09/25/2015
150,000.00
150,233.32
0.00
0.00
150,189.22
115.10
0.00
318.23
203.13
0.00
44.10
(44.10)
159.03
159.03
313379Q69 FHLB
Note
2.125% Due 06/10/2022
06/20/2017
06/21/2017
200,000.00
201,640.07
0.00
0.00
201,599.59
247.92
0.00
602.08
354.16
0.00
40.48
(40.48)
313.68
313.68
313380FB8 FHLB
Note
1.375% Due 09/13/2019
10/25/2017
10/26/2017
190,000.00
189,669.95
0.00
0.00
189,710.07
783.75
0.00
1,001.46
217.71
40.12
0.00
40.12
257.83
257.83
313383HU8 FHLB
Note
1.75% Due 06/12/2020
10/14/2015
10/15/2015
130,000.00
130,676.72
0.00
0.00
130,636.99
120.07
0.00
309.65
189.58
0.00
39.73
(39.73)
149.85
149.85
313383YJ4 FHLB
Note
3.375% Due 09/08/2023
12/27/2018
12/28/2018
200,000.00
205,616.87
0.00
0.00
205,515.10
2,118.75
0.00
2,681.25
562.50
0.00
101.77
(101.77)
460.73
460.73
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 15
3.A.3.a
Packet Pg. 30 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Income Earned
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3133EFW52 FFCB
Note
1.15% Due 07/01/2019
04/08/2016
04/11/2016
250,000.00
250,188.16
0.00
0.00
250,155.93
1,437.50
1,437.50
239.58
239.58
0.00
32.23
(32.23)
207.35
207.35
3135G0A78 FNMA
Note
1.625% Due 01/21/2020
12/10/2015
12/11/2015
245,000.00
245,038.31
0.00
0.00
245,035.22
1,769.44
1,990.63
110.59
331.78
0.00
3.09
(3.09)
328.69
328.69
3135G0H63 FNMA
Note
Due 01/28/2019
08/30/2016
08/31/2016
0.00
215,068.60
0.00
215,000.00
0.00
1,256.41
1,478.13
0.00
221.72
0.00
68.60
(68.60)
153.12
153.12
3135G0N82 FNMA
Note
1.25% Due 08/17/2021
01/26/2017
01/31/2017
315,000.00
308,976.51
0.00
0.00
309,171.22
1,465.63
0.00
1,793.75
328.12
194.71
0.00
194.71
522.83
522.83
3135G0T29 FNMA
Note
1.5% Due 02/28/2020
08/28/2017
08/29/2017
205,000.00
205,047.49
0.00
0.00
205,044.01
1,050.63
0.00
1,306.88
256.25
0.00
3.48
(3.48)
252.77
252.77
3135G0T94 FNMA
Note
2.375% Due 01/19/2023
10/17/2018
10/19/2018
290,000.00
282,374.63
0.00
0.00
282,534.46
3,099.38
3,443.75
229.58
573.95
159.83
0.00
159.83
733.78
733.78
3137EADK2 FHLMC
Note
1.25% Due 08/01/2019
08/28/2015
08/31/2015
170,000.00
169,844.61
0.00
0.00
169,867.33
885.42
0.00
1,062.50
177.08
22.72
0.00
22.72
199.80
199.80
3137EADM8 FHLMC
Note
1.25% Due 10/02/2019
09/24/2015
09/25/2015
155,000.00
154,896.14
0.00
0.00
154,907.89
478.99
0.00
640.45
161.46
11.75
0.00
11.75
173.21
173.21
3137EADR7 FHLMC
Note
1.375% Due 05/01/2020
08/24/2016
08/25/2016
225,000.00
225,952.85
0.00
0.00
225,892.07
515.63
0.00
773.44
257.81
0.00
60.78
(60.78)
197.03
197.03
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 16
3.A.3.a
Packet Pg. 31 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Income Earned
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3137EADZ9 FHLMC
Note
1.125% Due 04/15/2019
07/18/2016
07/19/2016
235,000.00
235,136.38
0.00
0.00
235,095.72
558.13
0.00
778.44
220.31
0.00
40.66
(40.66)
179.65
179.65
3137EAEE5 FHLMC
Note
1.5% Due 01/17/2020
03/08/2017
03/09/2017
260,000.00
259,419.30
0.00
0.00
259,466.55
1,776.67
1,950.00
151.67
325.00
47.25
0.00
47.25
372.25
372.25
3137EAEF2 FHLMC
Note
1.375% Due 04/20/2020
07/27/2017
07/28/2017
250,000.00
249,475.93
0.00
0.00
249,510.13
677.95
0.00
964.41
286.46
34.20
0.00
34.20
320.66
320.66
3137EAEK1 FHLMC
Note
1.875% Due 11/17/2020
01/18/2018
01/19/2018
225,000.00
223,700.05
0.00
0.00
223,758.80
515.63
0.00
867.19
351.56
58.75
0.00
58.75
410.31
410.31
3137EAEN5 FHLMC
Note
2.75% Due 06/19/2023
11/13/2018
11/14/2018
200,000.00
197,256.78
0.00
0.00
197,308.95
183.33
0.00
641.67
458.34
52.17
0.00
52.17
510.51
510.51
369550BE7 General Dynamics Corp
Note
3% Due 05/11/2021
05/15/2018
05/18/2018
125,000.00
124,311.16
0.00
0.00
124,335.96
520.83
0.00
833.33
312.50
24.80
0.00
24.80
337.30
337.30
36962G7M0 General Electric Capital Corp
Callable Note 1X 12/9/2019
Due 01/09/2020
03/26/2018
03/28/2018
0.00
99,245.99
0.00
99,306.63
0.00
1,051.11
1,234.44
0.00
183.33
60.64
0.00
60.64
243.97
243.97
43814PAB6 Honda Auto Receivables Owner T
17-3 A2
1.57% Due 01/21/2020
09/25/2017
09/29/2017
13,416.24
17,718.78
0.00
4,303.26
13,415.74
10.05
23.18
7.61
20.74
0.22
0.00
0.22
20.96
20.96
43814QAC2 Honda Auto Receivables
2016-2 A3
1.39% Due 04/15/2020
04/26/2017
05/01/2017
15,442.45
18,662.16
0.00
3,258.81
15,412.29
11.55
21.66
9.54
19.65
8.94
0.00
8.94
28.59
28.59
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 17
3.A.3.a
Packet Pg. 32 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Income Earned
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
43815HAC1 Honda Auto Receivables Owner
2018-3 A3
2.95% Due 08/22/2022
08/21/2018
08/28/2018
70,000.00
69,991.23
0.00
0.00
69,991.44
57.36
172.08
57.36
172.08
0.21
0.00
0.21
172.29
172.29
46625HKA7 JP Morgan Chase
Callable Note Cont 12/23/2019
2.25% Due 01/23/2020
08/11/2017
08/16/2017
125,000.00
125,402.00
0.00
0.00
125,367.00
1,234.38
1,406.25
62.50
234.37
0.00
35.00
(35.00)
199.37
199.37
47788BAD6 John Deere Owner Trust
2017-B A3
1.82% Due 10/15/2021
07/26/2018
07/30/2018
100,000.00
98,708.38
0.00
0.00
98,747.71
80.89
151.67
80.89
151.67
39.33
0.00
39.33
191.00
191.00
47788MAC4 John Deere Owner Trust
2016-A A3
1.36% Due 04/15/2020
Various
Various
33,648.91
47,358.99
0.00
13,753.16
33,620.35
28.65
53.72
20.34
45.41
14.52
0.00
14.52
59.93
59.93
65478VAD9 NAROT
2016-B A3
1.32% Due 01/15/2021
02/12/2018
02/14/2018
47,869.24
52,262.59
0.00
4,687.49
47,612.49
7.71
57.81
7.02
57.12
37.39
0.00
37.39
94.51
94.51
68389XBK0 Oracle Corp
Callable Note Cont 8/01/21
1.9% Due 09/15/2021
10/12/2017
10/16/2017
200,000.00
198,934.62
0.00
0.00
198,968.05
1,118.89
0.00
1,435.56
316.67
33.43
0.00
33.43
350.10
350.10
808513AW5 Charles Schwab Corp
Callable Note Cont 4/21/2021
3.25% Due 05/21/2021
05/30/2018
06/01/2018
150,000.00
150,805.93
0.00
0.00
150,776.22
541.67
0.00
947.92
406.25
0.00
29.71
(29.71)
376.54
376.54
857477AS2 State Street Bank
Note
2.55% Due 08/18/2020
11/29/2016
12/02/2016
125,000.00
125,711.37
0.00
0.00
125,674.30
1,177.60
0.00
1,443.23
265.63
0.00
37.07
(37.07)
228.56
228.56
89236TDP7 Toyota Motor Credit Corp
Note
2.6% Due 01/11/2022
01/28/2019
01/30/2019
130,000.00
0.00
128,629.80
0.00
128,632.34
0.00
(178.39)
187.78
9.39
2.54
0.00
2.54
11.93
11.93
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 18
3.A.3.a
Packet Pg. 33 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Income Earned
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
89238BAB8 Toyota Auto Receivables Owner
2018-A A2A
2.1% Due 10/15/2020
01/23/2018
01/31/2018
173,681.92
192,128.75
0.00
18,459.81
173,670.75
179.33
336.25
162.10
319.02
1.81
0.00
1.81
320.83
320.83
91159HHL7 US Bancorp
Callable Note 1X 12/29/2020
2.35% Due 01/29/2021
05/02/2017
05/05/2017
125,000.00
125,552.55
0.00
0.00
125,529.02
1,240.28
1,468.75
16.32
244.79
0.00
23.53
(23.53)
221.26
221.26
9128284D9 US Treasury
Note
2.5% Due 03/31/2023
Various
Various
210,000.00
206,278.83
0.00
0.00
206,353.25
1,341.34
0.00
1,788.46
447.12
74.42
0.00
74.42
521.54
521.54
912828G53 US Treasury
Note
1.875% Due 11/30/2021
04/26/2017
04/27/2017
220,000.00
220,414.60
0.00
0.00
220,402.53
362.64
0.00
713.94
351.30
0.00
12.07
(12.07)
339.23
339.23
912828L32 US Treasury
Note
1.375% Due 08/31/2020
11/03/2015
11/04/2015
200,000.00
199,409.85
0.00
0.00
199,439.94
934.39
0.00
1,169.89
235.50
30.09
0.00
30.09
265.59
265.59
912828M98 US Treasury
Note
1.625% Due 11/30/2020
Various
Various
205,000.00
204,683.45
0.00
0.00
204,697.48
292.85
0.00
576.57
283.72
14.03
0.00
14.03
297.75
297.75
912828N89 US Treasury
Note
1.375% Due 01/31/2021
04/04/2018
04/05/2018
160,000.00
156,681.69
0.00
0.00
156,816.86
920.65
1,100.00
6.08
185.43
135.17
0.00
135.17
320.60
320.60
912828Q78 US Treasury
Note
1.375% Due 04/30/2021
05/25/2017
05/31/2017
210,000.00
208,664.40
0.00
0.00
208,713.11
494.54
0.00
741.82
247.28
48.71
0.00
48.71
295.99
295.99
912828R85 US Treasury
Note
0.875% Due 06/15/2019
02/26/2018
02/27/2018
270,000.00
268,513.63
0.00
0.00
268,792.88
110.34
0.00
311.54
201.20
279.25
0.00
279.25
480.45
480.45
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 19
3.A.3.a
Packet Pg. 34 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Income Earned
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
912828S76 US Treasury
Note
1.125% Due 07/31/2021
11/29/2017
11/30/2017
260,000.00
254,491.19
0.00
0.00
254,672.47
1,224.05
1,462.50
8.08
246.53
181.28
0.00
181.28
427.81
427.81
912828SD3 US Treasury
Note
Due 01/31/2019
05/28/2015
05/29/2015
0.00
115,005.53
0.00
115,000.00
0.00
601.56
718.75
0.00
117.19
0.00
5.53
(5.53)
111.66
111.66
912828ST8 US Treasury
Note
1.25% Due 04/30/2019
03/20/2015
03/23/2015
150,000.00
149,990.74
0.00
0.00
149,993.15
321.13
0.00
481.70
160.57
2.41
0.00
2.41
162.98
162.98
912828T34 US Treasury
Note
1.125% Due 09/30/2021
05/30/2018
05/31/2018
125,000.00
120,219.15
0.00
0.00
120,366.91
359.29
0.00
479.05
119.76
147.76
0.00
147.76
267.52
267.52
912828UB4 US Treasury
Note
1% Due 11/30/2019
10/26/2016
10/31/2016
125,000.00
124,946.65
0.00
0.00
124,951.62
109.89
0.00
216.35
106.46
4.97
0.00
4.97
111.43
111.43
912828UV0 US Treasury
Note
1.125% Due 03/31/2020
11/17/2015
11/18/2015
195,000.00
193,874.61
0.00
0.00
193,951.28
560.49
0.00
747.32
186.83
76.67
0.00
76.67
263.50
263.50
912828W89 US Treasury
Note
1.875% Due 03/31/2022
04/26/2018
04/27/2018
200,000.00
194,654.48
0.00
0.00
194,794.33
958.10
0.00
1,277.47
319.37
139.85
0.00
139.85
459.22
459.22
912828Y61 US Treasury
Note
2.75% Due 07/31/2023
12/27/2018
12/28/2018
175,000.00
176,220.71
0.00
0.00
176,198.08
2,013.93
2,406.25
13.29
405.61
0.00
22.63
(22.63)
382.98
382.98
931142EJ8 Wal-Mart Stores
Note
3.125% Due 06/23/2021
Various
Various
200,000.00
200,777.49
0.00
0.00
200,750.83
138.89
0.00
659.72
520.83
0.00
26.66
(26.66)
494.17
494.17
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 20
3.A.3.a
Packet Pg. 35 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Income Earned
As of January 31, 2019
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
Total Fixed Income 10,584,058.76
10,546,101.25
485,283.00
473,769.16
10,558,464.94
48,325.01
20,559.13
43,830.64
16,064.76
2,053.17
1,203.32
849.85
16,914.61 16,914.61
CASH & EQUIVALENT
31846V203 First American
Govt Obligation Fund Class Y
Various
Various
14,404.17
6,411.71
268,065.20
260,072.74
14,404.17
0.00
328.13
0.00
328.13
0.00
0.00
0.00
328.13
328.13
Total Cash & Equivalent 14,404.17
6,411.71
268,065.20
260,072.74
14,404.17
0.00
328.13
0.00
328.13
0.00
0.00
0.00
328.13 328.13
TOTAL PORTFOLIO 10,598,462.93
10,552,512.96
753,348.20
733,841.90
10,572,869.11
48,325.01
20,887.26
43,830.64
16,392.89
2,053.17
1,203.32
849.85
17,242.74 17,242.74
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 21
3.A.3.a
Packet Pg. 36 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
02/01/2019 Interest 3137EADK2 170,000.00 FHLMC Note
1.25% Due 8/1/2019
0.00 1,062.50 1,062.50
02/14/2019 Interest 084670BL1 200,000.00 Berkshire Hathaway Note
2.1% Due 8/14/2019
0.00 2,100.00 2,100.00
02/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
5,456.15 151.67 5,607.82
02/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,021.17 17.89 1,039.06
02/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
4,103.58 38.14 4,141.72
02/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
12,088.05 303.94 12,391.99
02/17/2019 Interest 3135G0N82 315,000.00 FNMA Note
1.25% Due 8/17/2021
0.00 1,968.75 1,968.75
02/18/2019 Interest 857477AS2 125,000.00 State Street Bank Note
2.55% Due 8/18/2020
0.00 1,593.75 1,593.75
02/18/2019 Interest 3130A7CV5 200,000.00 FHLB Note
1.375% Due 2/18/2021
0.00 1,375.00 1,375.00
02/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,026.87 17.55 1,044.42
02/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,878.47 172.08 4,050.55
02/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,954.53 52.66 2,007.19
02/28/2019 Interest 3135G0T29 205,000.00 FNMA Note
1.5% Due 2/28/2020
0.00 1,537.50 1,537.50
02/28/2019 Interest 17275RBD3 150,000.00 Cisco Systems Note
2.2% Due 2/28/2021
0.00 1,650.00 1,650.00
02/28/2019 Interest 912828L32 200,000.00 US Treasury Note
1.375% Due 8/31/2020
0.00 1,375.00 1,375.00
FEB 2019 29,528.82 13,416.43 42,945.25
03/01/2019 Maturity 30231GAP7 175,000.00 Exxon Mobil Corp Note
1.708% Due 3/1/2019
175,000.00 1,494.50 176,494.50
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 22
3.A.3.a
Packet Pg. 37 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
03/08/2019 Interest 313383YJ4 200,000.00 FHLB Note
3.375% Due 9/8/2023
0.00 3,375.00 3,375.00
03/11/2019 Interest 06406HCW7 150,000.00 Bank of New York Callable Note Cont 8/11/2019
2.3% Due 9/11/2019
0.00 1,725.00 1,725.00
03/11/2019 Interest 313378WG2 300,000.00 FHLB Note
2.5% Due 3/11/2022
0.00 3,750.00 3,750.00
03/13/2019 Interest 313380FB8 190,000.00 FHLB Note
1.375% Due 9/13/2019
0.00 1,306.25 1,306.25
03/15/2019 Interest 68389XBK0 200,000.00 Oracle Corp Callable Note Cont 8/01/21
1.9% Due 9/15/2021
0.00 1,900.00 1,900.00
03/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
3,842.49 33.49 3,875.98
03/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,022.36 16.70 1,039.06
03/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
5,307.75 143.39 5,451.14
03/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
11,713.45 282.79 11,996.24
03/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,027.72 16.21 1,043.93
03/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,777.52 162.55 3,940.07
03/24/2019 Interest 02665WAZ4 150,000.00 American Honda Finance Note
2.45% Due 9/24/2020
0.00 1,837.50 1,837.50
03/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,957.97 50.51 2,008.48
03/31/2019 Interest 9128284D9 210,000.00 US Treasury Note
2.5% Due 3/31/2023
0.00 2,625.00 2,625.00
03/31/2019 Interest 912828T34 125,000.00 US Treasury Note
1.125% Due 9/30/2021
0.00 703.13 703.13
03/31/2019 Interest 912828UV0 195,000.00 US Treasury Note
1.125% Due 3/31/2020
0.00 1,096.88 1,096.88
03/31/2019 Interest 912828W89 200,000.00 US Treasury Note
1.875% Due 3/31/2022
0.00 1,875.00 1,875.00
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 23
3.A.3.a
Packet Pg. 38 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
MAR 2019 203,649.26 22,393.90 226,043.16
04/02/2019 Interest 3137EADM8 155,000.00 FHLMC Note
1.25% Due 10/2/2019
0.00 968.75 968.75
04/15/2019 Maturity 3137EADZ9 235,000.00 FHLMC Note
1.125% Due 4/15/2019
235,000.00 1,321.88 236,321.88
04/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
11,337.74 262.29 11,600.03
04/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
3,580.35 29.13 3,609.48
04/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,023.54 15.52 1,039.06
04/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
5,159.05 135.34 5,294.39
04/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,028.59 14.86 1,043.45
04/20/2019 Interest 3137EAEF2 250,000.00 FHLMC Note
1.375% Due 4/20/2020
0.00 1,718.75 1,718.75
04/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,676.21 153.26 3,829.47
04/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,961.41 48.35 2,009.76
04/30/2019 Interest 912828Q78 210,000.00 US Treasury Note
1.375% Due 4/30/2021
0.00 1,443.75 1,443.75
04/30/2019 Maturity 912828ST8 150,000.00 US Treasury Note
1.25% Due 4/30/2019
150,000.00 937.50 150,937.50
APR 2019 412,766.89 7,049.38 419,816.27
05/01/2019 Interest 3137EADR7 225,000.00 FHLMC Note
1.375% Due 5/1/2020
0.00 1,546.88 1,546.88
05/06/2019 Maturity 037833AQ3 195,000.00 Apple Inc Note
2.1% Due 5/6/2019
195,000.00 2,047.50 197,047.50
05/11/2019 Interest 369550BE7 125,000.00 General Dynamics Corp Note
3% Due 5/11/2021
0.00 1,875.00 1,875.00
05/15/2019 Interest 166764AN0 130,000.00 Chevron Corp Callable Note Cont 10/15/2019
2.193% Due 11/15/2019
0.00 1,425.45 1,425.45
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 24
3.A.3.a
Packet Pg. 39 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
05/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,024.73 14.33 1,039.06
05/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
10,960.90 242.45 11,203.35
05/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
5,010.03 127.52 5,137.55
05/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
3,317.13 25.07 3,342.20
05/17/2019 Interest 3137EAEK1 225,000.00 FHLMC Note
1.875% Due 11/17/2020
0.00 2,109.38 2,109.38
05/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,029.44 13.52 1,042.96
05/21/2019 Interest 808513AW5 150,000.00 Charles Schwab Corp Callable Note Cont 4/21/2021
3.25% Due 5/21/2021
0.00 2,437.50 2,437.50
05/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,574.51 144.23 3,718.74
05/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,964.86 46.19 2,011.05
05/31/2019 Interest 912828G53 220,000.00 US Treasury Note
1.875% Due 11/30/2021
0.00 2,062.50 2,062.50
05/31/2019 Interest 912828M98 205,000.00 US Treasury Note
1.625% Due 11/30/2020
0.00 1,665.63 1,665.63
05/31/2019 Interest 912828UB4 125,000.00 US Treasury Note
1% Due 11/30/2019
0.00 625.00 625.00
MAY 2019 221,881.60 16,408.15 238,289.75
06/08/2019 Interest 3130A0F70 220,000.00 FHLB Note
3.375% Due 12/8/2023
0.00 3,712.50 3,712.50
06/10/2019 Interest 313379Q69 200,000.00 FHLB Note
2.125% Due 6/10/2022
0.00 2,125.00 2,125.00
06/11/2019 Interest 3130A3UQ5 225,000.00 FHLB Note
1.875% Due 12/11/2020
0.00 2,109.38 2,109.38
06/12/2019 Interest 313383HU8 130,000.00 FHLB Note
1.75% Due 6/12/2020
0.00 1,137.50 1,137.50
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 25
3.A.3.a
Packet Pg. 40 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
06/14/2019 Maturity 313379EE5 150,000.00 FHLB Note
1.625% Due 6/14/2019
150,000.00 1,218.75 151,218.75
06/15/2019 Maturity 912828R85 270,000.00 US Treasury Note
0.875% Due 6/15/2019
270,000.00 1,181.25 271,181.25
06/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,025.91 13.15 1,039.06
06/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
4,860.71 119.92 4,980.63
06/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
3,052.84 21.32 3,074.16
06/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
10,582.95 223.27 10,806.22
06/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,030.30 12.17 1,042.47
06/19/2019 Interest 3137EAEN5 200,000.00 FHLMC Note
2.75% Due 6/19/2023
0.00 2,750.00 2,750.00
06/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,472.43 135.44 3,607.87
06/23/2019 Interest 931142EJ8 200,000.00 Wal-Mart Stores Note
3.125% Due 6/23/2021
0.00 3,125.00 3,125.00
06/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,968.31 44.03 2,012.34
JUN 2019 445,993.45 17,928.68 463,922.13
07/01/2019 Maturity 3133EFW52 250,000.00 FFCB Note
1.15% Due 7/1/2019
250,000.00 1,437.50 251,437.50
07/11/2019 Interest 06051GEU9 130,000.00 Bank of America Corp Note
3.3% Due 1/11/2023
0.00 2,145.00 2,145.00
07/11/2019 Interest 89236TDP7 130,000.00 Toyota Motor Credit Corp Note
2.6% Due 1/11/2022
0.00 1,690.00 1,690.00
07/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
2,787.46 17.86 2,805.32
07/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,027.10 11.96 1,039.06
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 26
3.A.3.a
Packet Pg. 41 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
07/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
4,711.08 112.55 4,823.63
07/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
10,203.87 204.75 10,408.62
07/17/2019 Interest 3137EAEE5 260,000.00 FHLMC Note
1.5% Due 1/17/2020
0.00 1,950.00 1,950.00
07/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,031.16 10.82 1,041.98
07/19/2019 Interest 3135G0T94 290,000.00 FNMA Note
2.375% Due 1/19/2023
0.00 3,443.75 3,443.75
07/21/2019 Interest 3135G0A78 245,000.00 FNMA Note
1.625% Due 1/21/2020
0.00 1,990.63 1,990.63
07/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,369.98 126.90 3,496.88
07/23/2019 Interest 46625HKA7 125,000.00 JP Morgan Chase Callable Note Cont 12/23/2019
2.25% Due 1/23/2020
0.00 1,406.25 1,406.25
07/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,971.77 41.87 2,013.64
07/29/2019 Interest 91159HHL7 125,000.00 US Bancorp Callable Note 1X 12/29/2020
2.35% Due 1/29/2021
0.00 1,468.75 1,468.75
07/29/2019 Interest 3130A5Z77 125,000.00 FHLB Note
1.83% Due 7/29/2020
0.00 1,143.75 1,143.75
07/31/2019 Interest 912828Y61 175,000.00 US Treasury Note
2.75% Due 7/31/2023
0.00 2,406.25 2,406.25
07/31/2019 Interest 912828N89 160,000.00 US Treasury Note
1.375% Due 1/31/2021
0.00 1,100.00 1,100.00
07/31/2019 Interest 912828S76 260,000.00 US Treasury Note
1.125% Due 7/31/2021
0.00 1,462.50 1,462.50
JUL 2019 275,102.42 22,171.09 297,273.51
08/01/2019 Maturity 3137EADK2 170,000.00 FHLMC Note
1.25% Due 8/1/2019
170,000.00 1,062.50 171,062.50
08/11/2019 Call 06406HCW7 150,000.00 Bank of New York Callable Note Cont 8/11/2019
2.3% Due 9/11/2019
150,000.00 1,437.50 151,437.50
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 27
3.A.3.a
Packet Pg. 42 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
08/14/2019 Maturity 084670BL1 200,000.00 Berkshire Hathaway Note
2.1% Due 8/14/2019
200,000.00 2,100.00 202,100.00
08/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
2,521.01 14.69 2,535.70
08/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,028.29 10.77 1,039.06
08/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
4,561.14 105.40 4,666.54
08/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
9,823.67 186.89 10,010.56
08/17/2019 Interest 3135G0N82 315,000.00 FNMA Note
1.25% Due 8/17/2021
0.00 1,968.75 1,968.75
08/18/2019 Interest 857477AS2 125,000.00 State Street Bank Note
2.55% Due 8/18/2020
0.00 1,593.75 1,593.75
08/18/2019 Interest 3130A7CV5 200,000.00 FHLB Note
1.375% Due 2/18/2021
0.00 1,375.00 1,375.00
08/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,032.01 9.48 1,041.49
08/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,267.14 118.62 3,385.76
08/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,975.23 39.70 2,014.93
08/28/2019 Interest 3135G0T29 205,000.00 FNMA Note
1.5% Due 2/28/2020
0.00 1,537.50 1,537.50
08/28/2019 Interest 17275RBD3 150,000.00 Cisco Systems Note
2.2% Due 2/28/2021
0.00 1,650.00 1,650.00
08/31/2019 Interest 912828L32 200,000.00 US Treasury Note
1.375% Due 8/31/2020
0.00 1,375.00 1,375.00
AUG 2019 544,208.49 14,585.55 558,794.04
09/08/2019 Interest 313383YJ4 200,000.00 FHLB Note
3.375% Due 9/8/2023
0.00 3,375.00 3,375.00
09/11/2019 Interest 313378WG2 300,000.00 FHLB Note
2.5% Due 3/11/2022
0.00 3,750.00 3,750.00
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 28
3.A.3.a
Packet Pg. 43 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
09/13/2019 Maturity 313380FB8 190,000.00 FHLB Note
1.375% Due 9/13/2019
190,000.00 1,306.25 191,306.25
09/15/2019 Interest 68389XBK0 200,000.00 Oracle Corp Callable Note Cont 8/01/21
1.9% Due 9/15/2021
0.00 1,900.00 1,900.00
09/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
2,253.47 11.83 2,265.30
09/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
4,410.89 98.48 4,509.37
09/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,029.48 9.58 1,039.06
09/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
9,442.34 169.70 9,612.04
09/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,032.88 8.12 1,041.00
09/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,163.92 110.59 3,274.51
09/24/2019 Interest 02665WAZ4 150,000.00 American Honda Finance Note
2.45% Due 9/24/2020
0.00 1,837.50 1,837.50
09/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,978.70 37.53 2,016.23
09/30/2019 Interest 912828UV0 195,000.00 US Treasury Note
1.125% Due 3/31/2020
0.00 1,096.88 1,096.88
09/30/2019 Interest 9128284D9 210,000.00 US Treasury Note
2.5% Due 3/31/2023
0.00 2,625.00 2,625.00
09/30/2019 Interest 912828T34 125,000.00 US Treasury Note
1.125% Due 9/30/2021
0.00 703.13 703.13
09/30/2019 Interest 912828W89 200,000.00 US Treasury Note
1.875% Due 3/31/2022
0.00 1,875.00 1,875.00
SEP 2019 213,311.68 18,914.59 232,226.27
10/02/2019 Maturity 3137EADM8 155,000.00 FHLMC Note
1.25% Due 10/2/2019
155,000.00 968.75 155,968.75
10/15/2019 Call 166764AN0 130,000.00 Chevron Corp Callable Note Cont 10/15/2019
2.193% Due 11/15/2019
130,000.00 1,187.88 131,187.88
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 29
3.A.3.a
Packet Pg. 44 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
10/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
4,260.33 91.79 4,352.12
10/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,030.67 8.39 1,039.06
10/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
9,059.86 153.18 9,213.04
10/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
1,984.82 9.28 1,994.10
10/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,033.74 6.77 1,040.51
10/20/2019 Interest 3137EAEF2 250,000.00 FHLMC Note
1.375% Due 4/20/2020
0.00 1,718.75 1,718.75
10/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
3,060.32 102.81 3,163.13
10/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,982.18 35.35 2,017.53
10/31/2019 Interest 912828Q78 210,000.00 US Treasury Note
1.375% Due 4/30/2021
0.00 1,443.75 1,443.75
OCT 2019 307,411.92 5,726.70 313,138.62
11/01/2019 Interest 3137EADR7 225,000.00 FHLMC Note
1.375% Due 5/1/2020
0.00 1,546.88 1,546.88
11/11/2019 Interest 369550BE7 125,000.00 General Dynamics Corp Note
3% Due 5/11/2021
0.00 1,875.00 1,875.00
11/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
1,715.07 7.04 1,722.11
11/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,031.87 7.19 1,039.06
11/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
4,109.46 85.33 4,194.79
11/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
8,676.26 137.32 8,813.58
11/17/2019 Interest 3137EAEK1 225,000.00 FHLMC Note
1.875% Due 11/17/2020
0.00 2,109.38 2,109.38
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 30
3.A.3.a
Packet Pg. 45 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
11/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,034.60 5.42 1,040.02
11/21/2019 Interest 808513AW5 150,000.00 Charles Schwab Corp Callable Note Cont 4/21/2021
3.25% Due 5/21/2021
0.00 2,437.50 2,437.50
11/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
2,956.34 95.28 3,051.62
11/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,985.67 33.17 2,018.84
11/30/2019 Interest 912828M98 205,000.00 US Treasury Note
1.625% Due 11/30/2020
0.00 1,665.63 1,665.63
11/30/2019 Interest 912828G53 220,000.00 US Treasury Note
1.875% Due 11/30/2021
0.00 2,062.50 2,062.50
11/30/2019 Maturity 912828UB4 125,000.00 US Treasury Note
1% Due 11/30/2019
125,000.00 625.00 125,625.00
NOV 2019 146,509.27 12,692.64 159,201.91
12/08/2019 Interest 3130A0F70 220,000.00 FHLB Note
3.375% Due 12/8/2023
0.00 3,712.50 3,712.50
12/10/2019 Interest 313379Q69 200,000.00 FHLB Note
2.125% Due 6/10/2022
0.00 2,125.00 2,125.00
12/11/2019 Interest 3130A3UQ5 225,000.00 FHLB Note
1.875% Due 12/11/2020
0.00 2,109.38 2,109.38
12/12/2019 Interest 313383HU8 130,000.00 FHLB Note
1.75% Due 6/12/2020
0.00 1,137.50 1,137.50
12/15/2019 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,033.06 6.00 1,039.06
12/15/2019 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
3,958.28 79.10 4,037.38
12/15/2019 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
8,291.51 122.14 8,413.65
12/15/2019 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
1,444.23 5.09 1,449.32
12/18/2019 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,035.46 4.07 1,039.53
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 31
3.A.3.a
Packet Pg. 46 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
12/19/2019 Interest 3137EAEN5 200,000.00 FHLMC Note
2.75% Due 6/19/2023
0.00 2,750.00 2,750.00
12/21/2019 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
2,851.95 88.02 2,939.97
12/23/2019 Call 46625HKA7 125,000.00 JP Morgan Chase Callable Note Cont 12/23/2019
2.25% Due 1/23/2020
125,000.00 1,171.88 126,171.88
12/23/2019 Interest 931142EJ8 200,000.00 Wal-Mart Stores Note
3.125% Due 6/23/2021
0.00 3,125.00 3,125.00
12/27/2019 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,989.15 30.99 2,020.14
DEC 2019 145,603.64 16,466.67 162,070.31
01/11/2020 Interest 06051GEU9 130,000.00 Bank of America Corp Note
3.3% Due 1/11/2023
0.00 2,145.00 2,145.00
01/11/2020 Interest 89236TDP7 130,000.00 Toyota Motor Credit Corp Note
2.6% Due 1/11/2022
0.00 1,690.00 1,690.00
01/15/2020 Paydown 43814QAC2 15,442.45 Honda Auto Receivables 2016-2 A3
1.39% Due 4/15/2020
1,034.26 4.80 1,039.06
01/15/2020 Paydown 89238BAB8 173,681.92 Toyota Auto Receivables Owner 2018-A A2A
2.1% Due 10/15/2020
7,905.63 107.63 8,013.26
01/15/2020 Paydown 47788BAD6 100,000.00 John Deere Owner Trust 2017-B A3
1.82% Due 10/15/2021
3,806.78 73.10 3,879.88
01/15/2020 Paydown 47788MAC4 33,648.91 John Deere Owner Trust 2016-A A3
1.36% Due 4/15/2020
1,172.30 3.45 1,175.75
01/17/2020 Maturity 3137EAEE5 260,000.00 FHLMC Note
1.5% Due 1/17/2020
260,000.00 1,950.00 261,950.00
01/18/2020 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,036.32 2.71 1,039.03
01/19/2020 Interest 3135G0T94 290,000.00 FNMA Note
2.375% Due 1/19/2023
0.00 3,443.75 3,443.75
01/21/2020 Maturity 3135G0A78 245,000.00 FNMA Note
1.625% Due 1/21/2020
245,000.00 1,990.63 246,990.63
01/21/2020 Paydown 43814PAB6 13,416.24 Honda Auto Receivables Owner T 17-3 A2
1.57% Due 1/21/2020
1,037.18 0.14 1,037.32
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 32
3.A.3.a
Packet Pg. 47 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Cash Flow Report
As of January 31, 2019
City of San Jacinto
Account #10167
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount
01/21/2020 Paydown 43815HAC1 70,000.00 Honda Auto Receivables Owner 2018-3 A3
2.95% Due 8/22/2022
2,747.19 81.01 2,828.20
01/27/2020 Paydown 65478VAD9 47,869.24 NAROT 2016-B A3
1.32% Due 1/15/2021
1,992.65 28.80 2,021.45
01/29/2020 Interest 91159HHL7 125,000.00 US Bancorp Callable Note 1X 12/29/2020
2.35% Due 1/29/2021
0.00 1,468.75 1,468.75
01/29/2020 Interest 3130A5Z77 125,000.00 FHLB Note
1.83% Due 7/29/2020
0.00 1,143.75 1,143.75
01/31/2020 Interest 912828Y61 175,000.00 US Treasury Note
2.75% Due 7/31/2023
0.00 2,406.25 2,406.25
01/31/2020 Interest 912828N89 160,000.00 US Treasury Note
1.375% Due 1/31/2021
0.00 1,100.00 1,100.00
01/31/2020 Interest 912828S76 260,000.00 US Treasury Note
1.125% Due 7/31/2021
0.00 1,462.50 1,462.50
JAN 2020 525,732.31 19,102.27 544,834.58
TOTAL 3,471,699.75 186,856.05 3,658,555.80
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 33
3.A.3.a
Packet Pg. 48 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Important DisclosuresCity of San Jacinto
Account #10167
Chandler Asset Management, Inc. ;͞Chandler͟Ϳis an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV). To
obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at
www.chandlerasset.com.
Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The
information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without
notice.
Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified
custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.
Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will
obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in
Item 5 of our Form ADV Part 2A.
Performance: Performance results are presented gross-of-advisory fees and represent the client ͛s Total Return. The deduction of advisory fees lowers performance results. These results
include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any
specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market
conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Source ice Data Indices, LLC ("ICE"), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN "AS IS" BASIS; ICE, ITS AFFILIATES AND THEIR RESPECTIVE
THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM. NEITHER ICE DATA, ITS AFFILIATES OR
THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY
COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND LICENSEE'S USE IS AT LICENSEE'S OWN RISK. ICE
DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial
charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest
directly in an index.
Ratings: Ratings information have been provided by Moody͛s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee
its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities ;͞MBS͟Ϳreflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency
guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody ͛s and Fitch respectively.
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 34
3.A.3.a
Packet Pg. 49 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Benchmark Index & DisclosuresCity of San Jacinto California
Account #10167
Benchmark Index Disclosure
ICE BAML 1-3 Yr US Treasury Index The ICE BAML 1-3 Year US Treasury Index tracks the performance of US dollar denominated sovereign debt publicly issued by the US
government in its domestic market. Qualifying securities must have at least one year remaining term to final maturity and less than three
years remaining term to final maturity, a fixed coupon schedule and a minimum amount outstanding of $1 billion. Qualifying securities must
have at least 18 months to final maturity at the time of issuance. (Index: G1O2. Please visit www.mlindex.ml.com for more information)
ICE BAML 1-3 Yr US Corp/Govt Rated
AAA-A Index
The ICE BAML 1-3 AAA-A Year US Corporate & Government Index tracks the performance of US dollar denominated investment grade debt
publicly issued in the US domestic market, including US Treasury, US agency, foreign government, supranational and corporate securities.
Qualifying securities must be rated AAA through A3 (based on an average of Moody͛s, S&P and Fitch). In addition, qualifying securities must
have at least one year remaining term to final maturity and less than three years remaining term to final maturity, at least 18 months to final
maturity at point of issuance, a fixed coupon schedule and a minimum amount outstanding of $1 billion for US Treasuries and $250 million for
all other securities. (Index: GVPB. Please visit www.mlindex.ml.com for more information)
Execution Time: 2/3/2019 12:57:01 PMChandler Asset Management - CONFIDENTIAL Page 35
3.A.3.a
Packet Pg. 50 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
City of San Jacinto Public Trust Advisors LLC
595 S. San Jacinto Ave.550 South Hope Street
San Jacinto, CA 92583 Suite 560
Los Angeles, CA 90071
Monthly Investment Report for Period Ended January 31, 2019
3.A.3.a
Packet Pg. 51 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Investment Management Portfolio Review Page
Investment Portfolio Summary Comparison 3
Total Return Performance Summary 4
Investment Portfolio Maturity Distribution 5
Investment Portfolio Maturity Distribution By Security Type 6
Investment Portfolio Rating Distribution 7
Investment Portfolio Security Distribution - Market Value 8
Investment Portfolio Security Distribution - Historical Cost 9
Investment Portfolio Compliance 10
Additional Disclosure 11
Portfolio Holdings Detail 12
City of San Jacinto Summary
3.A.3.a
Packet Pg. 52 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
City of San Jacinto
January 1, 2019
Beginning Balance
January 31, 2019
Ending Balance Portfolio Characteristic
January 1, 2019
Beginning Balance
January 31, 2019
Ending Balance
Historical Cost 10,491,119.42$ 10,492,464.69$ Book Yield Gross 2.15%2.29%
Book Value 10,489,030.90$ 10,493,566.85$ Market Yield Gross 2.63%2.53%
Accrued Interest 49,565.79 50,854.31 Weighted Average Coupon 2.09%2.21%
Book Value Plus Accrued 10,538,596.69$ 10,544,421.16$ Duration 1.63 Years 1.75 Years
Net Unrealized Gain/Loss (51,563.87)(20,416.46)Weighted Effective Maturity 1.69 Years 1.81 Years
Market Value Plus Accrued(2)10,487,032.82$ 10,524,004.70$ Weighted Final Maturity 1.69 Years 1.81 Years
Net Pending Transactions 106.92 167.99
Market Value Plus Accrued Net(2)10,487,139.74$ 10,524,172.69$
City of San Jacinto
January 2019
Net Income Portfolio Compliance Compliant
Interest Income 19,149.61$ Security Distribution YES
Net Amortization/Accretion 601.49 Maturity Distribution YES
Net Realized Gain/Loss(3)(13,761.39)Rating Distribution YES
Miscellaneous Income -
Net Income 5,989.71$
City of San Jacinto Summary Comparison for the period January 1, 2019 to January 31, 2019
(1) Payables represent amounts due to settle security transactions that have been executed but have not settled as of period end. The funds used to settle these trades may come from a variety of sources including cash within the
portfolio, proceeds from future security transactions including maturities and sales, or other sources including money market funds. For reporting purposes, a payable is created for over-period settlements which are reflected in the
detailed holdings.
(2) Market Value Plus Accrued Net represents the market value of the portfolio net payables and recievables from transactions that settle in the following reporting period.
(3) MBS paydowns may result in negative realized losses rather than amortization in as a result of accounting method.
Page 3
3.A.3.a
Packet Pg. 53 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Trailing Month Trailing 3 Months Trailing 12 Months Year to Date
Total Return Performance Periodic Periodic Periodic Periodic
City of San Jacinto 0.35%1.31%2.24%0.35%
BofA ML 1-3 Year U.S. Treasuries 0.27%1.41%2.15%0.27%
Trailing 3 Years Trailing 5 Years Since Inception*
Total Return Performance Annualized Annualized Annualized
City of San Jacinto 0.94%0.91%0.85%
BofA ML 1-3 Year U.S. Treasuries 0.85%0.83%0.76%
*Total return since inception date: December 1, 2012
Annualized total return performance presented for investment periods longer than one year. Return information obtained from Bloomberg.
City of San Jacinto Total Return January 1, 2019 to January 31, 2019
0.35%
1.31%
2.24%
0.35%
0.94% 0.85%
0.27%
1.41%
2.15%
0.27%
0.85% 0.76%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
Trailing Month Trailing 3 Months Trailing 12 Months Year to Date Trailing 3 Years Trailing 5 Years Since Inception*YieldTotal Return Performance vs. Benchmark
City of San Jacinto BofA ML 1-3 Year U.S. Treasuries
Page 4
3.A.3.a
Packet Pg. 54 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Maturity Distribution
January 1, 2019
Beginning Balance
January 31, 2019
Ending Balance Portfolio Allocation Distribution Change
0-3 Months 43,118.28$ 59,628.82$ 0.57%0.16%
3-6 Months - - 0.00%0.00%
6-9 Months 248,868.37 294,811.19 2.80%0.43%
9-12 Months 1,506,886.85 810,858.09 7.70%-6.66%
1-2 Years 5,014,452.95 4,755,549.11 45.19%-2.63%
2-3 Years 3,673,706.37 4,603,157.49 43.74%8.71%
3-4 Years - - 0.00%0.00%
4-5 Years - - 0.00%0.00%
5-6 Years - - 0.00%0.00%
6 Years +- - 0.00%0.00%
Total Portfolio 10,487,032.82$ 10,524,004.70$ 100.00%
City of San Jacinto Maturity Distribution Market Value Basis January 1, 2019 to January 31, 2019
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
0-3 M 3-6 M 6-9 M 9-12 M 1-2 Yr 2-3 Yr 3-4 Yr 4-5 Yr 5-6 Yr 6 Yr +
Maturity Distribution Comparison
January 1, 2019 January 31, 2019
0-3 M
0.57%
6-9 M
2.80%
9-12 M
7.70%1-2 Yr
45.19%
2-3 Yr
43.74%
Maturity Distribution
Page 5
3.A.3.a
Packet Pg. 55 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Security Distribution 0-3 Months 3-6 Months 6-9 Months 9-12 Months 1-2 Years 2-3 Years 3-4 Years 4-5 Years Total Portfolio
Cash -$ -$ -$ -$ -$ -$ -$ -$ -$
Money Market Funds 59,629 - - - - - - - 59,629
Certificates of Deposit - - - - - - - - -
Commercial Paper - - - - - - - - -
U.S. Treasury Notes - - - - 3,082,474 3,765,826 - - 6,848,300
U.S. Agency Notes - - - - - - - - -
Federal Inst. (GSE)*- - - - 446,861 660,053 - - 1,106,915
Corporate Notes - - 294,811 611,732 1,226,214 177,279 - - 2,310,036
Asset Backed (ABS)- - - 199,126 - - - - 199,126
Municipal Bonds - - - - - - - - -
Total 59,629$ -$ 294,811$ 810,858$ 4,755,549$ 4,603,157$ -$ -$ 10,524,005$
*Mortgage backed securities shown to effective maturity.
City of San Jacinto Maturity Distribution Market Value Basis as of January 31, 2019
$-
$5,000,000
0-3 Months 3-6 Months 6-9 Months 9-12 Months 1-2 Years 2-3 Years 3-4 Years 4-5 Years
Maturity Distribution By Type Municipal Bonds
Asset Backed (ABS)
Corporate Notes
Federal Inst. (GSE)*
U.S. Agency Notes
U.S. Treasury Notes
Commercial Paper
Certificates of Deposit
Money Market Funds
Cash
Page 6
3.A.3.a
Packet Pg. 56 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
S&P Rating Distribution
January 31, 2019
Ending Balance Portfolio Allocation
Short Term Rating Distribution
A-1+-$ 0.00%
A-1 - 0.00%
A-2 - 0.00%
Total Short Term Ratings -$ 0.00%
Long Term Rating Distribution
AAA Rating 483,849.54$ 4.60%
AA Rating 8,761,230.41 83.25%
A Rating 1,278,924.74 12.15%
Below A - 0.00%
Not Rated - 0.00%
Total Long Term Rating 10,524,004.70$ 100.00%
Total Portfolio 10,524,004.70$ 100.00%
Moody's Rating Distribution
January 31, 2019
Ending Balance Portfolio Allocation
Short Term Rating Distribution
P-1 -$ 0.00%
P-2 - 0.00%
Total Short Term Ratings -$ 0.00%
Long Term Rating Distribution
Aaa Rating 8,439,063.97$ 80.19%
Aa Rating 806,015.98 7.66%
A Rating 1,278,924.74 12.15%
Below A - 0.00%
Not Rated - 0.00%
Total Long Term Rating 10,524,004.70$ 100.00%
Total Portfolio 10,524,004.70$ 100.00%
City of San Jacinto Rating Distribution Market Value Basis as of January 31, 2019
AAA Rating
4.60%
AA Rating
83.25%
A Rating
12.15%
Portfolio Allocation By Standard and Poors' Rating
Aaa Rating
80.19%
Aa Rating
7.66%
A Rating
12.15%
Portfolio Allocation By Moody's Rating
Page 7
3.A.3.a
Packet Pg. 57 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Security Distribution
January 1, 2019
Beginning Balance
Portfolio
Allocation
January 31, 2019
Ending Balance Book Yield
Portfolio
Allocation
Change in
Allocation
Permitted by
Policy*Compliant
Cash -$ 0.00%-$ 0.00%0.00%0.00%YES
LGIP - 0.00%- 0.00%0.00%0.00%YES
U.S. Treasury Notes 6,968,357.78 66.45%6,848,299.72 2.30%65.07%-1.37%NO
U.S. Agency Notes - 0.00%- 0.00%0.00%0.00%YES
FNMA - 0.00%130,586.99 2.65%1.24%1.24%NO
FHLMC 973,171.78 9.28%976,327.72 2.32%9.28%0.00%NO
FFCB - 0.00%- 0.00%0.00%0.00%YES
FHLB - 0.00%- 0.00%0.00%0.00%YES
Fed Instrumentality Subtotal 973,171.78$ 9.28%1,106,914.71$ 2.36%10.52%1.24%NO
Asset Backed Securities 198,288.33 1.89%199,125.68 2.88%1.89%0.00%NO
Commercial Paper - 0.00%- 0.00%0.00%0.00%YES
Corporate Notes 2,304,096.65 21.97%2,310,035.77 2.20%21.95%-0.02%NO
Bankers Acceptances - 0.00%- 0.00%0.00%0.00%YES
Money Market Funds 43,118.28 0.41%59,628.82 2.00%0.57%0.16%YES
Municipal Bonds - 0.00%- 0.00%0.00%0.00%YES
Intergovernmental Funds - 0.00%- 0.00%0.00%0.00%YES
Certificates of Deposit - 0.00%- 0.00%0.00%0.00%YES
Total Portfolio Market Value 10,487,032.82$ 100.00%10,524,004.70$ 2.29%100.00%
*Permitted allocation based on aggregate assets as defined within the investment policy.
City of San Jacinto Market Value Basis Security Distribution January 1, 2019 to January 31, 2019
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
CashLGIPUSTAgencyFNMAFHLMCFFCBFHLBABSCPCorpBAMMFMuniInter GovCDAsset Balance By Security Type
(in millions)
January 1, 2019 January 31, 2019
UST
65.07%
FNMA
1.24%
FHLMC
9.28%ABS
1.89%
Corp
21.95%
MMF
0.57%
Ending Portfolio Allocation
Page 8
3.A.3.a
Packet Pg. 58 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Security Distribution
January 1, 2019
Beginning Balance
Portfolio
Allocation
January 31, 2019
Ending Balance Book Yield
Portfolio
Allocation
Change in
Allocation
Permitted by
Policy*Compliant
Cash -$ 0.00%-$ 0.00%0.00%0.00%YES
U.S. Treasury Notes 6,972,611.15 66.46%6,827,539.48 2.30%65.07%-1.39%NO
U.S. Agency Notes - 0.00%- 0.00%0.00%0.00%YES
FNMA - 0.00%129,906.40 2.65%1.24%1.24%NO
FHLMC 970,341.00 9.25%970,341.00 2.32%9.25%0.00%NO
FFCB - 0.00%- 0.00%0.00%0.00%YES
FHLB - 0.00%- 0.00%0.00%0.00%YES
Fed Instrumentality Subtotal 970,341.00$ 9.25%1,100,247.40$ 2.36%10.49%1.24%NO
Asset Backed Securities 197,429.69 1.88%197,429.69 2.88%1.88%0.00%NO
Commercial Paper - 0.00%- 0.00%0.00%0.00%YES
Corporate Notes 2,307,619.30 22.00%2,307,619.30 2.20%21.99%0.00%NO
Bankers Acceptances - 0.00%- 0.00%0.00%0.00%YES
Money Market Funds 43,118.28 0.41%59,628.82 2.00%0.57%0.16%YES
Municipal Bonds - 0.00%- 0.00%0.00%0.00%YES
Intergovernmental Funds - 0.00%- 0.00%0.00%0.00%YES
Certificates of Deposit - 0.00%- 0.00%0.00%0.00%YES
Total Portfolio Historical Cost 10,491,119.42$ 100.00%10,492,464.69$ 2.29%100.00%
*Permitted allocation based on aggregate assets as defined within the investment policy.
City of San Jacinto Historical Cost Basis Security Distribution January 1, 2019 to January 31, 2019
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
CashUSTAgencyFNMAFHLMCFFCBFHLBABSCPCorpBAMMFMuniInter GovCDAsset Balance By Security Type
(in millions)
January 1, 2019 January 31, 2019
UST
65.07%
FNMA
1.24%
FHLMC
9.25%
ABS
1.88%
Corp
21.99%
MMF
0.57%
Ending Portfolio Allocation
Page 9
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Policy
Section Description Compliance Requirement Compliant
Policy
Section Description Compliance Requirement Compliant
IX. 1 Municipal
Bonds
Rated in 4 highest general classifications by nationally recognized
rating service; 5% issuer limitation Compliant IX. 14 Pass-Through
Securities
Issuer debt rated at least A by 2 NRSRO; Must be rated in the AA
category by 2 NRSRO's; 20% total portfolio limit, 5-year maturity limit Compliant
IX. 2
U.S. Treasury No limitations Compliant IX. 15 Money Market
Funds
Registerd with SEC under 1940 Act, have highest ranking by 2
NRSRO's; Retained advisor registered (or exempt from registration)
with 5-years experience investing in securities authorized by CA
53601 and at least $500 million of assets; 20% total portfolio limit,
10% per fund limit
Compliant
IX. 3 Federal Agency No limitations Compliant IX. 16 Mutual Funds Authorize by CA Government Code Section 53601 Compliant
IX. 4 Bankers
Acceptances
Rated A1 or better and have long term debt rated A or better by 2
NRSRO's; Maturity ≤ to 180 days, 40% total portfolio limit, 5%
issuer limit
Compliant X.A.1 Futures and
Opions Prohibited Compliant
IX. 5
Federally
Insured Time
Deposits
Limited to amounts covered under federal insurance; 5-year
maturity limit Compliant X.A.2
Inverse Floaters,
Range Notes, and
Mortgage Derived
IO Strips
Prohibited Compliant
IX. 6 Time Deposits
Fully collateralized per CA law, 20% limit when combined with IX. 5;
Issuer must have long-term debt rated A or higher or short-term
debt rated A1 or higher by 2 NRSRO's, 5-year maturity limit
Compliant X.A.3 Potentail Zero
Accrual Securities Prohibited Compliant
IX.7 CDARS 30% limit in combination of CD's (including CDARS); 5-year maturity
limit Compliant X.A.5
Purchasing
Securities on
Margin
Prohibited Compliant
IX. 8 Negotiable CD's
Issuer must have long-term debt rated A or higher and/or short-
term debt rated A1 or higher by 2 NRSRO's; Maturity ≤ to 5 years,
30% total portfolio limit, 5% issuer limit
Compliant X.A.6 Reverse Repos or
other leverage Prohibited Compliant
IX. 9 Repurchase
Agreements
Collateralized at 102% in accordance with policy;1-year maturity
limit, no % portfolio limit, collateral held by custodian bank;Subject
to master repurchase agreement substantially in SIFMA's form
Compliant X.A.7 Foreign Currency
Securities Prohibited Compliant
IX. 10 Commercial
Paper
Issuer is organized and operating in the U.S. with assets of at least
$500 million; Issuer short-term ratings of A1 or higher and long-
term ratings of A or higher ny 2 NRSRO; Maturity ≤ 270 days; 25%
total portfolio limit; 5% issuer limit
Compliant X.B.2 Single Issuer
Limitation
5% issuer limitation, except U.S. Government and its agencies &
enterprises Compliant
IX. 11
Local Agency
Investment
Fund
70% total portfolio limit, up to the maximum permitted balance Compliant X.C.2 Callable Security
Limitation 20% of total portfolio (excluding Make Whole Call securities)Compliant
IX. 12
Local
Government
Investment
Pools
Riveride County Investment Fund limited to 70% of the portfolio;
JPA Pools limited to 50% of the portfolio Compliant X.C.3 Maximum
Security Maturity Individual security maturities limited to 5-years or less Compliant
IX. 13 Corporate
Bonds
Corporations organized and operating in the U.S. or depository
institutions licensed by the U.S. or any state and operating in the
U.S.; Rated in the A category or better by 2 NRSRO's, 5-year
maturity limit; 30% total portfolio limit, 5% issuer limit
Compliant X.C.4 Portfolio Duration
Limitation
Average portfolio duration will be managed to be approximatly equal
to the Market Benchmark selected by the City (typically +/- 20 of
benchmark duration)
Compliant
City of San Jacinto Portfolio Compliance January 1, 2019 to January 31, 2019
Page 10
3.A.3.a
Packet Pg. 60 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Additional Disclosure
This statement is for general information purposes only and is not intended to provide specific advice or recommendations. P lease review the contents of this
statement carefully. Should you have any questions regarding the information presented, calculation methodology, investment portfolio or security detail, or any
other facet of your statement, please feel free to contact us.
Public Trust Advisor’s monthly statement is intended to detail our investment advisory activity as well as the activity of an y accounts held by clients in pools that
are managed by Public Trust Advisors. The custodian bank maintains the control of assets and executes and settles all investm ents transactions. The custodian
statement is the official record of security and cash holdings transactions. Public Trust Advisors recognizes that clients ma y use these reports to facilitate record
keeping; therefore the custodian bank statement and the Public Trust Advisors statement should be reconciled and differences resolved. Many custodians use a
settlement date basis which may result in the need to reconcile due to a timing difference. Please contact your relationshi p manager or our toll free number 855-
395-3954 with questions regarding your account.
Public Trust Advisors does not have the authority to withdraw funds from or deposit funds to the custodian. Our clients retai n responsibility for their internal
accounting policies; implementing and enforcing internal controls and generating ledger entries or otherwise recording transa ctions.
Pricing sources from our reporting platform are provided by Clearwater reporting platform and are established by Clearwater’s internal pricing procedures.
Clearwater utilizes a hierarchical pricing model which starts with one of the industry’s pricing sources, S&P Capital IQ. Se curities with short maturities and
infrequent secondary market trades are typically priced via mathematical calculations. The Securities in this investment por tfolio, including shares of mutual
funds, are not guaranteed or otherwise protected by Public trust Advisors, the FDIC (except for certain non -negotiable certificates of deposit) or any government
agency, unless otherwise specifically stated. Investment in fixed income securities involves risks, including the possible lo ss of the amount invested.
Past performance is not an indication of future performance.
Beginning and Ending Balances based on Market Value plus Accrued Interest on a Trade Date basis.
Public Trust Advisors is an investment advisor registered with the Securities and Exchange Commission, and is required to mai ntain a written disclosure statement
of our background and business experience. If you would like to receive a copy of our current disclosure statement, privacy p olicy, or code of ethics please contact
Service Operations at the address below.
Public Trust Advisors
717 17th Street, Suite 1850
Denver, CO 80202
Page 11
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Packet Pg. 61 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Portfolio Holdings
Portfolio Income
Portfolio Transactions
Issuer Concentration
Security Concentration
Portfolio Activity Summary
City of San Jacinto Detail
Page 12
3.A.3.a
Packet Pg. 62 Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Month End Report Trade DateSan Jacinto, City of (66779)Month End (M1 Y2019)01/01/2019 - 01/31/2019Dated: 02/06/2019Locked Down3.A.3.aPacket Pg. 63Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Holdings Report Trade Date (San Jacinto, City of (66779))1Income Detail Report Trade Date (San Jacinto, City of (66779))4Transactions Realized Gain Loss Report (San Jacinto, City of (66779))6Issuer Concentration with Yield GASB 40 Trade Date (San Jacinto, City of(66779))7Security Type GASB 40 Trade Date (San Jacinto, City of (66779))12Portfolio Activity Summary (San Jacinto, City of (66779))16Table of ContentsDated: 02/06/20193.A.3.aPacket Pg. 64Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Description,Identifier,Security Type,CouponEffective Maturity,Final Maturity,Callable,Next Call DateOriginal Cost,Current Units,Market PriceTrade Date,Settle DateMoodysRating,S&P Rating,Fitch RatingBook Value,Book Value + AccruedAccrued Balance,Net Unrealized Gain/LossMarket Value,Market Value + AccruedCCCIT 16A1 A117305EFW0ABS1.75011/19/201911/19/2019Y---197,429.69200,000.0099.212809/20/201809/24/2018AaaAAA---198,216.67198,916.67700.00209.01198,425.68199,125.68FEDERAL HOME LOAN MORTGAGE CORP3137EAEK1AGCY BOND1.87511/17/202011/17/2020N---448,533.00450,000.0098.917112/06/201712/08/2017AaaAA+---449,099.02450,833.401,734.38-3,972.07445,126.95446,861.33FEDERAL HOME LOAN MORTGAGE CORP3137EAEL9AGCY BOND2.37502/16/202102/16/2021N---521,808.00525,000.0099.762204/17/201804/19/2018AaaAA+---522,677.84528,392.695,714.841,073.71523,751.55529,466.39FEDERAL NATIONAL MORTGAGE ASSOCIATION3135G0U92AGCY BOND2.62501/11/202201/11/2022N---129,906.40130,000.00100.305701/09/201901/11/2019AaaAA+---129,908.15130,097.73189.58489.26130,397.41130,586.99MICROSOFT CORP594918BN3CORP1.10008/08/201908/08/2019N---74,922.7575,000.0099.272308/01/201608/08/2016AaaAAA---74,986.4575,382.91396.46-532.2274,454.2374,850.68INTERNATIONAL BUSINESS MACHINES CORP459200JN2CORP1.90001/27/202001/27/2020N---299,712.00300,000.0099.189101/24/201701/27/2017A1A---299,903.49299,966.8363.33-2,336.19297,567.30297,630.63MICROSOFT CORP594918BV5CORP1.85002/06/202002/06/2020N---149,899.50150,000.0099.263601/30/201702/06/2017AaaAAA---149,965.42151,314.371,348.96-1,070.02148,895.40150,244.36WALT DISNEY CO25468PDP8CORP1.95003/04/202003/04/2020N---298,956.00300,000.0099.204703/15/201703/20/2017A2A+---299,609.58301,998.332,388.75-1,995.48297,614.10300,002.85APPLE INC037833CS7CORP1.80005/11/202005/11/2020N---124,872.50125,000.0099.061205/04/201705/11/2017Aa1AA+---124,945.05125,445.05500.00-1,118.55123,826.50124,326.50INTEL CORP458140AZ3CORP1.85005/11/202005/11/2020N---249,905.00250,000.0099.068005/08/201705/11/2017A1A+---249,959.04250,986.821,027.78-2,289.04247,670.00248,697.78APPLE INC037833CZ1CORP1.50009/12/201909/12/2019N---119,896.80120,000.0099.339009/05/201709/12/2017Aa1AA+---119,968.32120,663.32695.00-761.52119,206.80119,901.80GILEAD SCIENCES INC375558BR3CORP1.85009/20/201909/20/2019N---54,980.7555,000.0099.453809/14/201709/21/2017A3A---54,993.8555,364.11370.26-294.2654,699.5955,069.85WAL-MART STORES INC931142DY6CORP1.75010/09/201910/09/2019N---44,999.1045,000.0099.430810/11/201710/20/2017Aa2AA---44,999.6545,244.65245.00-255.7944,743.8644,988.86AMERICAN HONDA FINANCE CORP02665WBZ3CORP2.00011/13/201911/13/2019N---124,930.00125,000.0099.434011/13/201711/16/2017A2A+---124,972.27125,513.93541.67-679.77124,292.50124,834.17TOYOTA MOTOR CREDIT CORP89236TEJ0CORP2.20001/10/202001/10/2020N---189,830.90190,000.0099.486201/08/201801/11/2018Aa3AA----189,919.53190,163.37243.83-895.75189,023.78189,267.61WALMART INC931142EG4CORP2.85006/23/202006/23/2020N---324,899.25325,000.00100.478006/20/201806/27/2018Aa2AA---324,928.52325,906.22977.711,624.98326,553.50327,531.21Holdings Report Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/201913.A.3.aPacket Pg. 65Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Description,Identifier,Security Type,CouponEffective Maturity,Final Maturity,Callable,Next Call DateOriginal Cost,Current Units,Market PriceTrade Date,Settle DateMoodysRating,S&P Rating,Fitch RatingBook Value,Book Value + AccruedAccrued Balance,Net Unrealized Gain/LossMarket Value,Market Value + AccruedAMERICAN HONDA FINANCE CORP02665WCH2CORP3.00006/16/202006/16/2020N---74,898.7575,000.00100.172907/11/201807/16/2018A2A+---74,926.1775,207.42281.25203.5075,129.6875,410.93AMERICAN HONDA FINANCE CORP02665WCP4CORP3.37512/10/202112/10/2021N---174,916.00175,000.00100.823910/03/201810/10/2018A2A+---174,918.95175,755.67836.721,522.88176,441.83177,278.54FIRST AMER:GVT OBLG Y31846V203MMFUND2.00001/31/201901/31/2019N---59,628.8259,628.821.0000------AaaAAAm---59,628.8259,628.820.000.0059,628.8259,628.82UNITED STATES TREASURY912828W63US GOV1.62503/15/202003/15/2020N---266,221.49265,000.0098.988306/26/201706/28/2017AaaAA+---265,508.62267,162.131,653.50-3,189.63262,318.99263,972.50UNITED STATES TREASURY912828J84US GOV1.37503/31/202003/31/2020N---264,378.91265,000.0098.656206/26/201706/28/2017AaaAA+---264,736.56265,977.841,241.28-3,297.63261,438.93262,680.21UNITED STATES TREASURY912828VJ6US GOV1.87506/30/202006/30/2020N---201,820.31200,000.0099.128907/11/201707/13/2017AaaAA+---200,877.24201,208.73331.49-2,619.44198,257.80198,589.29UNITED STATES TREASURY912828XM7US GOV1.62507/31/202007/31/2020N---265,766.02265,000.0098.699209/18/201709/20/2017AaaAA+---265,405.82265,417.7211.90-3,852.94261,552.88261,564.78UNITED STATES TREASURY912828VJ6US GOV1.87506/30/202006/30/2020N---403,125.00400,000.0099.128910/03/201710/05/2017AaaAA+---401,630.47402,293.45662.98-5,114.87396,515.60397,178.58UNITED STATES TREASURY912828XM7US GOV1.62507/31/202007/31/2020N---400,265.62400,000.0098.699210/03/201710/05/2017AaaAA+---400,144.08400,162.0317.96-5,347.28394,796.80394,814.76UNITED STATES TREASURY912828VZ0US GOV2.00009/30/202009/30/2020N---503,847.66500,000.0099.195311/01/201711/03/2017AaaAA+---502,221.38505,627.973,406.59-6,244.88495,976.50499,383.09UNITED STATES TREASURY9128284B3US GOV2.37503/15/202103/15/2021N---339,455.47340,000.0099.820303/26/201803/28/2018AaaAA+---339,608.63342,709.253,100.62-219.61339,389.02342,489.64UNITED STATES TREASURY912828A83US GOV2.37512/31/202012/31/2020N---339,707.81340,000.0099.816403/26/201803/28/2018AaaAA+---339,799.82340,513.63713.81-424.06339,375.76340,089.57UNITED STATES TREASURY9128283X6US GOV2.25002/15/202102/15/2021N---325,952.35330,000.0099.558607/26/201807/30/2018AaaAA+---326,737.36330,167.393,430.031,806.02328,543.38331,973.41UNITED STATES TREASURY9128284P2US GOV2.62505/15/202105/15/2021N---328,723.83330,000.00100.347707/26/201807/30/2018AaaAA+---328,955.41330,821.921,866.512,192.00331,147.41333,013.92UNITED STATES TREASURY912828NT3US GOV2.62508/15/202008/15/2020N---229,748.44230,000.00100.183608/01/201808/02/2018AaaAA+---229,809.75232,598.812,789.06612.53230,422.28233,211.34UNITED STATES TREASURY9128284J6US GOV2.37504/30/202004/30/2020N---228,885.94230,000.0099.820308/01/201808/02/2018AaaAA+---229,204.69230,608.031,403.35382.00229,586.69230,990.04Holdings Report Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/201923.A.3.aPacket Pg. 66Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
* Filtered By: Description ¹ "Payable" and Description ¹ "Receivable". * Weighted by: Market Value + Accrued.Description,Identifier,Security Type,CouponEffective Maturity,Final Maturity,Callable,Next Call DateOriginal Cost,Current Units,Market PriceTrade Date,Settle DateMoodysRating,S&P Rating,Fitch RatingBook Value,Book Value + AccruedAccrued Balance,Net Unrealized Gain/LossMarket Value,Market Value + AccruedUNITED STATES TREASURY9128285A4US GOV2.75009/15/202109/15/2021N---298,722.65300,000.00100.777309/24/201809/26/2018AaaAA+---298,870.41302,038.223,167.823,461.49302,331.90305,499.72UNITED STATES TREASURY912828Y20US GOV2.62507/15/202107/15/2021N---436,803.13440,000.00100.402309/24/201809/26/2018AaaAA+---437,196.09437,738.49542.404,574.03441,770.12442,312.52UNITED STATES TREASURY912828F21US GOV2.12509/30/202109/30/2021N---428,491.99435,000.0099.168012/17/201812/20/2018AaaAA+---428,762.58431,911.543,148.972,618.22431,380.80434,529.77UNITED STATES TREASURY9128285L0US GOV2.87511/15/202111/15/2021N---437,090.04435,000.00101.152312/17/201812/20/2018AaaAA+---437,009.04439,703.752,694.723,003.47440,012.51442,707.22UNITED STATES TREASURY9128285R7US GOV2.62512/15/202112/15/2021N---250,664.06250,000.00100.539101/10/201901/15/2019AaaAA+---250,654.03251,519.42865.38693.72251,347.75252,213.13UNITED STATES TREASURY9128284T4US GOV2.62506/15/202106/15/2021N---440,928.13440,000.00100.398401/10/201901/15/2019AaaAA+---440,911.11442,434.191,523.08841.85441,752.96443,276.04UNITED STATES TREASURY912828WY2US GOV2.25007/31/202107/31/2021N---436,940.63440,000.0099.496101/10/201901/15/2019AaaAA+---436,996.97437,024.3227.35785.87437,782.84437,810.19------------11/23/202011/23/2020------10,492,464.6910,509,628.82---------Aa1AA---10,493,566.8510,544,421.1650,854.31-20,416.4710,473,150.3810,524,004.70Holdings Report Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/201933.A.3.aPacket Pg. 67Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Identifier,DescriptionFinal MaturityEnding Current UnitsEarned InterestIncomeRealized Gain,Realized LossAccretion IncomeAmortization ExpenseMisc IncomeNet Earned IncomeInterest PaymentReceived,Ending Interest Due3135G0U92FEDERAL NATIONAL MORTGAGE ASSOCIATION01/11/2022130,000.00189.580.000.001.750.000.00191.330.000.009128285R7UNITED STATES TREASURY12/15/2021250,000.00306.490.000.000.00-10.030.00296.470.000.0002665WCP4AMERICAN HONDA FINANCE CORP12/10/2021175,000.00492.190.000.002.310.000.00494.500.000.009128285L0UNITED STATES TREASURY11/15/2021435,000.001,070.980.000.000.00-58.400.001,012.580.000.00912828F21UNITED STATES TREASURY09/30/2021435,000.00787.240.000.00195.070.000.00982.320.000.009128285A4UNITED STATES TREASURY09/15/2021300,000.00706.490.000.0035.780.000.00742.280.000.00912828WY2UNITED STATES TREASURY07/31/2021440,000.00457.780.000.0056.340.000.00514.124,950.000.00912828Y20UNITED STATES TREASURY07/15/2021440,000.00981.810.000.0095.110.000.001,076.915,775.000.009128284T4UNITED STATES TREASURY06/15/2021440,000.00539.430.000.000.00-17.020.00522.410.000.009128284P2UNITED STATES TREASURY05/15/2021330,000.00741.820.000.0037.990.000.00779.810.000.009128284B3UNITED STATES TREASURY03/15/2021340,000.00691.510.000.0015.390.000.00706.900.000.003137EAEL9FEDERAL HOME LOAN MORTGAGE CORP02/16/2021525,000.001,039.060.000.0092.860.000.001,131.920.000.009128283X6UNITED STATES TREASURY02/15/2021330,000.00625.480.000.00130.390.000.00755.870.000.00912828A83UNITED STATES TREASURY12/31/2020340,000.00691.510.000.008.800.000.00700.310.000.003137EAEK1FEDERAL HOME LOAN MORTGAGE CORP11/17/2020450,000.00703.130.000.0042.390.000.00745.520.000.00912828VZ0UNITED STATES TREASURY09/30/2020500,000.00851.650.000.000.00-112.250.00739.400.000.00912828NT3UNITED STATES TREASURY08/15/2020230,000.00508.590.000.0010.150.000.00518.750.000.00912828XM7UNITED STATES TREASURY07/31/2020265,000.00362.950.000.000.00-22.510.00340.442,153.130.00912828XM7UNITED STATES TREASURY07/31/2020400,000.00547.850.000.000.00-7.980.00539.873,250.000.00912828VJ6UNITED STATES TREASURY06/30/2020200,000.00321.130.000.000.00-52.780.00268.350.000.00912828VJ6UNITED STATES TREASURY06/30/2020400,000.00642.270.000.000.00-98.090.00544.180.000.00931142EG4WALMART INC06/23/2020325,000.00771.880.000.004.310.000.00776.190.000.0002665WCH2AMERICAN HONDA FINANCE CORP06/16/202075,000.00187.500.000.004.510.000.00192.010.000.00037833CS7APPLE INC05/11/2020125,000.00187.500.000.003.660.000.00191.160.000.00458140AZ3INTEL CORP05/11/2020250,000.00385.420.000.002.720.000.00388.140.000.009128284J6UNITED STATES TREASURY04/30/2020230,000.00467.780.000.0053.920.000.00521.700.000.00912828J84UNITED STATES TREASURY03/31/2020265,000.00310.320.000.0019.170.000.00329.490.000.00912828W63UNITED STATES TREASURY03/15/2020265,000.00368.770.000.000.00-38.650.00330.120.000.0025468PDP8WALT DISNEY CO03/04/2020300,000.00487.500.000.0030.360.000.00517.860.000.00912828W22UNITED STATES TREASURY02/15/20200.0058.290.00-1,451.553.070.000.00-1,390.200.000.00Income Detail Report Trade DateSan Jacinto, City of (66779)01/01/2019 - 01/31/2019Return to Table of ContentsDated: 02/06/201943.A.3.aPacket Pg. 68Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
* Filtered By: Description ¹ "Payable" and Description ¹ "Receivable". * Weighted by: Ending Market Value + Accrued.Identifier,DescriptionFinal MaturityEnding Current UnitsEarned InterestIncomeRealized Gain,Realized LossAccretion IncomeAmortization ExpenseMisc IncomeNet Earned IncomeInterest PaymentReceived,Ending Interest Due594918BV5MICROSOFT CORP02/06/2020150,000.00231.250.000.002.830.000.00234.080.000.00459200JN2INTERNATIONAL BUSINESS MACHINES CORP01/27/2020300,000.00475.000.000.008.160.000.00483.162,850.000.0089236TEJ0TOYOTA MOTOR CREDIT CORP01/10/2020190,000.00348.330.000.007.240.000.00355.572,090.000.00912828G95UNITED STATES TREASURY12/31/20190.00110.880.00-2,062.100.00-11.000.00-1,962.220.000.00912828U73UNITED STATES TREASURY12/15/20190.00171.870.00-3,575.4110.330.000.00-3,393.210.000.00912828G61UNITED STATES TREASURY11/30/20190.00121.570.00-3,088.240.00-7.840.00-2,974.510.000.0017305EFW0CCCIT 16A1 A111/19/2019200,000.00291.670.000.00190.240.000.00481.910.000.0002665WBZ3AMERICAN HONDA FINANCE CORP11/13/2019125,000.00208.330.000.003.030.000.00211.360.000.00912828F62UNITED STATES TREASURY10/31/20190.00169.690.00-3,584.080.00-37.360.00-3,451.760.000.00931142DY6WAL-MART STORES INC10/09/201945,000.0065.630.000.000.040.000.0065.670.000.00375558BR3GILEAD SCIENCES INC09/20/201955,000.0084.790.000.000.830.000.0085.620.000.00037833CZ1APPLE INC09/12/2019120,000.00150.000.000.004.440.000.00154.440.000.00594918BN3MICROSOFT CORP08/08/201975,000.0068.750.000.002.190.000.0070.940.000.0031846V203FIRST AMER:GVT OBLG Y01/31/201959,628.82167.990.000.000.000.000.00167.99106.92167.99------11/23/202010,509,628.8219,149.610.00-13,761.391,075.39-473.910.005,989.7121,175.05167.99Income Detail Report Trade DateSan Jacinto, City of (66779)01/01/2019 - 01/31/2019Return to Table of ContentsDated: 02/06/201953.A.3.aPacket Pg. 69Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
* Does not Lock Down. * Filtered By: Type = Buy or Type = Sell or Type = Call Redemption or Type = Put Redemption or Type = Corporate Action Sell or Type = Cash Transfer or Type = Maturity or Type = Coupon or Type = Principal Paydown or Type = Money Market Funds. * Weighted by: AbsoluteValue of Principal. * MMF transactions are expanded. * The Transaction Detail/Trading Activity reports provide our most up-to-date transactional details. As such, these reports are subject to change even after the other reports on the website have been locked down. While these reports can be useful tools in understanding recent activity,due to their dynamic nature we do not recommend using them for booking journal entries or reconciliation.IdentifierDescriptionCurrent UnitsTypeSettle DatePricePrincipalRealized Gain/LossAmount31846V203FIRST AMER:GVT OBLG Y0.00Money Market Funds12/31/2018---0.000.00106.9231846V203FIRST AMER:GVT OBLG Y106.92Buy01/03/20191.000106.920.00-106.9231846V203FIRST AMER:GVT OBLG Y2,090.00Buy01/10/20191.0002,090.000.00-2,090.0089236TEJ0TOYOTA MOTOR CREDIT CORP0.00Coupon01/10/2019---0.000.002,090.003135G0U92FEDERAL NATIONAL MORTGAGEASSOCIATION130,000.00Buy01/11/201999.928129,906.400.00-129,906.40912828G61UNITED STATES TREASURY-295,000.00Sell01/11/201999.039-292,165.24-3,088.24292,675.8231846V203FIRST AMER:GVT OBLG Y-45,315.20Sell01/11/20191.000-45,315.200.0045,315.2031846V203FIRST AMER:GVT OBLG Y208,084.62Buy01/11/20191.000208,084.620.00-208,084.62912828F62UNITED STATES TREASURY-315,000.00Sell01/14/201999.125-312,243.75-3,584.08313,222.69912828G95UNITED STATES TREASURY-190,000.00Sell01/14/201999.070-188,233.59-2,062.10188,353.00912828U73UNITED STATES TREASURY-350,000.00Sell01/14/201998.902-346,158.20-3,575.41346,554.83912828W22UNITED STATES TREASURY-120,000.00Sell01/14/201998.711-118,453.13-1,451.55119,134.6531846V203FIRST AMER:GVT OBLG Y848,130.52Buy01/14/20191.000848,130.520.00-848,130.5231846V203FIRST AMER:GVT OBLG Y119,134.65Buy01/14/20191.000119,134.650.00-119,134.65912828WY2UNITED STATES TREASURY440,000.00Buy01/15/201999.305436,940.630.00-441,460.209128284T4UNITED STATES TREASURY440,000.00Buy01/15/2019100.211440,928.130.00-441,911.789128285R7UNITED STATES TREASURY250,000.00Buy01/15/2019100.266250,664.060.00-251,222.9531846V203FIRST AMER:GVT OBLG Y-1,128,819.93Sell01/15/20191.000-1,128,819.930.001,128,819.93912828Y20UNITED STATES TREASURY0.00Coupon01/15/2019---0.000.005,775.00459200JN2INTERNATIONAL BUSINESS MACHINES CORP0.00Coupon01/27/2019---0.000.002,850.00CCYUSDUS DOLLAR0.00Cash Transfer01/28/2019---0.000.00-104.1731846V203FIRST AMER:GVT OBLG Y2,745.83Buy01/28/20191.0002,745.830.00-2,745.8331846V203FIRST AMER:GVT OBLG Y10,353.13Buy01/31/20191.00010,353.130.00-10,353.1331846V203FIRST AMER:GVT OBLG Y0.00Money Market Funds01/31/2019---0.000.00167.99912828WY2UNITED STATES TREASURY0.00Coupon01/31/2019---0.000.004,950.00912828XM7UNITED STATES TREASURY0.00Coupon01/31/2019---0.000.005,403.13------6,510.54---------17,695.85-13,761.39167.99Transactions Realized Gain Loss ReportSan Jacinto, City of (66779)01/01/2019 - 01/31/2019Return to Table of ContentsDated: 02/06/201963.A.3.aPacket Pg. 70Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Apple Inc.Citibank Credit Card Issuance TrustFederal Home Loan Mortgage CorporationIdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue037833CS7CORPAPPLE INCApple Inc.125,000.00FixedN1.2481.8352.55005/11/202005/11/2020500.00124,945.05125,445.05123,826.50124,326.501.182%037833CZ1CORPAPPLE INCApple Inc.120,000.00FixedN0.6021.5442.59109/12/201909/12/2019695.00119,968.32120,663.32119,206.80119,901.801.138%---CORPAPPLE INCApple Inc.245,000.00FixedN0.9311.6922.57001/13/202001/13/20201,195.00244,913.37246,108.37243,033.30244,228.302.321%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue17305EFW0ABSCCCIT 16A1 A1Citibank Credit Card Issuance Trust200,000.00FixedY0.7882.8842.74011/19/201911/19/2019700.00198,216.67198,916.67198,425.68199,125.681.895%17305EFW0ABSCCCIT 16A1 A1Citibank Credit Card Issuance Trust200,000.00FixedY0.7882.8842.74011/19/201911/19/2019700.00198,216.67198,916.67198,425.68199,125.681.895%Issuer Concentration with Yield GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/201973.A.3.aPacket Pg. 71Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Federal National Mortgage Association, Inc.Gilead Sciences, Inc.Government of the United StatesIdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue3137EAEK1AGCY BONDFEDERAL HOME LOAN MORTGAGECORPFederal Home Loan Mortgage Corporation450,000.00FixedN1.7451.9892.49511/17/202011/17/20201,734.38449,099.02450,833.40445,126.95446,861.334.250%3137EAEL9AGCY BONDFEDERAL HOME LOAN MORTGAGECORPFederal Home Loan Mortgage Corporation525,000.00FixedN1.9592.5992.49502/16/202102/16/20215,714.84522,677.84528,392.69523,751.55529,466.395.001%---AGCY BONDFEDERAL HOME LOAN MORTGAGECORPFederal Home Loan Mortgage Corporation975,000.00FixedN1.8612.3182.49501/05/202101/05/20217,449.22971,776.87979,226.09968,878.50976,327.729.251%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue3135G0U92AGCY BONDFEDERAL NATIONAL MORTGAGEASSOCIATIONFederal National Mortgage Association, Inc.130,000.00FixedN2.8142.6502.51601/11/202201/11/2022189.58129,908.15130,097.73130,397.41130,586.991.245%3135G0U92AGCY BONDFEDERAL NATIONAL MORTGAGEASSOCIATIONFederal National Mortgage Association,Inc.130,000.00FixedN2.8142.6502.51601/11/202201/11/2022189.58129,908.15130,097.73130,397.41130,586.991.245%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue375558BR3CORPGILEAD SCIENCES INCGilead Sciences, Inc.55,000.00FixedN0.6231.8682.72009/20/201909/20/2019370.2654,993.8555,364.1154,699.5955,069.850.522%375558BR3CORPGILEAD SCIENCES INCGilead Sciences, Inc.55,000.00FixedN0.6231.8682.72009/20/201909/20/2019370.2654,993.8555,364.1154,699.5955,069.850.522%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue912828W63US GOVUNITED STATES TREASURYGovernment of the United States265,000.00FixedN1.0931.4512.54703/15/202003/15/20201,653.50265,508.62267,162.13262,318.99263,972.502.505%912828J84US GOVUNITED STATES TREASURYGovernment of the United States265,000.00FixedN1.1371.4622.55503/31/202003/31/20201,241.28264,736.56265,977.84261,438.93262,680.212.496%912828VJ6US GOVUNITED STATES TREASURYGovernment of the United States200,000.00FixedN1.3831.5602.50506/30/202006/30/2020331.49200,877.24201,208.73198,257.80198,589.291.893%912828XM7US GOVUNITED STATES TREASURYGovernment of the United States265,000.00FixedN1.4691.5212.51407/31/202007/31/202011.90265,405.82265,417.72261,552.88261,564.782.497%912828VJ6US GOVUNITED STATES TREASURYGovernment of the United States400,000.00FixedN1.3831.5822.50506/30/202006/30/2020662.98401,630.47402,293.45396,515.60397,178.583.786%912828XM7US GOVUNITED STATES TREASURYGovernment of the United States400,000.00FixedN1.4691.6012.51407/31/202007/31/202017.96400,144.08400,162.03394,796.80394,814.763.770%912828VZ0US GOVUNITED STATES TREASURYGovernment of the United States500,000.00FixedN1.6121.7272.49609/30/202009/30/20203,406.59502,221.38505,627.97495,976.50499,383.094.736%9128284B3US GOVUNITED STATES TREASURYGovernment of the United States340,000.00FixedN2.0362.4312.46203/15/202103/15/20213,100.62339,608.63342,709.25339,389.02342,489.643.241%912828A83US GOVUNITED STATES TREASURYGovernment of the United States340,000.00FixedN1.8562.4072.47312/31/202012/31/2020713.81339,799.82340,513.63339,375.76340,089.573.240%Issuer Concentration with Yield GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/201983.A.3.aPacket Pg. 72Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Honda Motor Co., Ltd.Intel CorporationInternational Business Machines CorporationIdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue9128283X6US GOVUNITED STATES TREASURYGovernment of the United States330,000.00FixedN1.9612.7522.47302/15/202102/15/20213,430.03326,737.36330,167.39328,543.38331,973.413.137%9128284P2US GOVUNITED STATES TREASURYGovernment of the United States330,000.00FixedN2.1962.7692.46705/15/202105/15/20211,866.51328,955.41330,821.92331,147.41333,013.923.162%912828NT3US GOVUNITED STATES TREASURYGovernment of the United States230,000.00FixedN1.4842.6802.50208/15/202008/15/20202,789.06229,809.75232,598.81230,422.28233,211.342.200%9128284J6US GOVUNITED STATES TREASURYGovernment of the United States230,000.00FixedN1.2132.6602.52104/30/202004/30/20201,403.35229,204.69230,608.03229,586.69230,990.042.192%9128285A4US GOVUNITED STATES TREASURYGovernment of the United States300,000.00FixedN2.4892.9002.44109/15/202109/15/20213,167.82298,870.41302,038.22302,331.90305,499.722.887%912828Y20US GOVUNITED STATES TREASURYGovernment of the United States440,000.00FixedN2.3632.8962.45507/15/202107/15/2021542.40437,196.09437,738.49441,770.12442,312.524.218%912828F21US GOVUNITED STATES TREASURYGovernment of the United States435,000.00FixedN2.5532.6872.44909/30/202109/30/20213,148.97428,762.58431,911.54431,380.80434,529.774.119%9128285L0US GOVUNITED STATES TREASURYGovernment of the United States435,000.00FixedN2.6512.7012.44411/15/202111/15/20212,694.72437,009.04439,703.75440,012.51442,707.224.201%9128285R7US GOVUNITED STATES TREASURYGovernment of the United States250,000.00FixedN2.7422.5292.42912/15/202112/15/2021865.38250,654.03251,519.42251,347.75252,213.132.400%9128284T4US GOVUNITED STATES TREASURYGovernment of the United States440,000.00FixedN2.2792.5342.45006/15/202106/15/20211,523.08440,911.11442,434.19441,752.96443,276.044.218%912828WY2US GOVUNITED STATES TREASURYGovernment of the United States440,000.00FixedN2.4152.5342.45907/31/202107/31/202127.35436,996.97437,024.32437,782.84437,810.194.180%---US GOVUNITED STATES TREASURYGovernment of the United States6,835,000.00FixedN1.9522.2922.47902/09/202102/09/202132,598.806,825,040.066,857,638.856,815,700.926,848,299.7265.078%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue02665WBZ3CORPAMERICAN HONDA FINANCE CORPHonda Motor Co., Ltd.125,000.00FixedN0.7682.0292.73311/13/201911/13/2019541.67124,972.27125,513.93124,292.50124,834.171.187%02665WCH2CORPAMERICAN HONDA FINANCE CORPHonda Motor Co., Ltd.75,000.00FixedN1.3343.0742.86906/16/202006/16/2020281.2574,926.1775,207.4275,129.6875,410.930.717%02665WCP4CORPAMERICAN HONDA FINANCE CORPHonda Motor Co., Ltd.175,000.00FixedN2.6963.3923.07112/10/202112/10/2021836.72174,918.95175,755.67176,441.83177,278.541.685%---CORPAMERICAN HONDA FINANCE CORPHonda Motor Co., Ltd.375,000.00FixedN1.7862.8742.91912/16/202012/16/20201,659.64374,817.38376,477.02375,864.00377,523.643.589%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue458140AZ3CORPINTEL CORPIntel Corporation250,000.00FixedN1.2481.8632.59505/11/202005/11/20201,027.78249,959.04250,986.82247,670.00248,697.782.365%458140AZ3CORPINTEL CORPIntel Corporation250,000.00FixedN1.2481.8632.59505/11/202005/11/20201,027.78249,959.04250,986.82247,670.00248,697.782.365%Issuer Concentration with Yield GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/201993.A.3.aPacket Pg. 73Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Microsoft CorporationThe Walt Disney CompanyToyota Motor CorporationU.S. BancorpWalmart Inc.IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue459200JN2CORPINTERNATIONAL BUSINESS MACHINESCORPInternational Business Machines Corporation300,000.00FixedN0.9711.9332.73701/27/202001/27/202063.33299,903.49299,966.83297,567.30297,630.632.841%459200JN2CORPINTERNATIONAL BUSINESS MACHINESCORPInternational Business MachinesCorporation300,000.00FixedN0.9711.9332.73701/27/202001/27/202063.33299,903.49299,966.83297,567.30297,630.632.841%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue594918BN3CORPMICROSOFT CORPMicrosoft Corporation75,000.00FixedN0.5101.1352.51908/08/201908/08/2019396.4674,986.4575,382.9174,454.2374,850.680.711%594918BV5CORPMICROSOFT CORPMicrosoft Corporation150,000.00FixedN0.9871.8732.59002/06/202002/06/20201,348.96149,965.42151,314.37148,895.40150,244.361.422%---CORPMICROSOFT CORPMicrosoft Corporation225,000.00FixedN0.8291.6282.56712/07/201912/07/20191,745.42224,951.86226,697.28223,349.63225,095.042.133%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue25468PDP8CORPWALT DISNEY COThe Walt Disney Company300,000.00FixedN1.0632.0722.69303/04/202003/04/20202,388.75299,609.58301,998.33297,614.10300,002.852.842%25468PDP8CORPWALT DISNEY COThe Walt Disney Company300,000.00FixedN1.0632.0722.69303/04/202003/04/20202,388.75299,609.58301,998.33297,614.10300,002.852.842%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue89236TEJ0CORPTOYOTA MOTOR CREDIT CORPToyota Motor Corporation190,000.00FixedN0.9232.2462.75601/10/202001/10/2020243.83189,919.53190,163.37189,023.78189,267.611.805%89236TEJ0CORPTOYOTA MOTOR CREDIT CORPToyota Motor Corporation190,000.00FixedN0.9232.2462.75601/10/202001/10/2020243.83189,919.53190,163.37189,023.78189,267.611.805%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue31846V203MMFUNDFIRST AMER:GVT OBLG YU.S. Bancorp59,628.82FixedN0.0002.0002.00001/31/201901/31/20190.0059,628.8259,628.8259,628.8259,628.820.569%31846V203MMFUNDFIRST AMER:GVT OBLG YU.S. Bancorp59,628.82FixedN0.0002.0002.00001/31/201901/31/20190.0059,628.8259,628.8259,628.8259,628.820.569%Issuer Concentration with Yield GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/2019103.A.3.aPacket Pg. 74Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Summary * Grouped by: Issuer Concentration. * Groups Sorted by: Issuer Concentration. * Filtered By: Description ¹ "Payable" and Description ¹ "Receivable". * Weighted by: Ending Market Value + Accrued, except Book Yield by Base Book Value + Accrued.IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue931142DY6CORPWAL-MART STORES INCWalmart Inc.45,000.00FixedN0.6761.7512.58710/09/201910/09/2019245.0044,999.6545,244.6544,743.8644,988.860.427%931142EG4CORPWALMART INCWalmart Inc.325,000.00FixedN1.3572.8662.49806/23/202006/23/2020977.71324,928.52325,906.22326,553.50327,531.213.118%---CORP---Walmart Inc.370,000.00FixedN1.2742.7302.50905/23/202005/23/20201,222.71369,928.17371,150.87371,297.36372,520.073.545%IdentifierSecurity TypeDescription,Issuer ConcentrationEnding Current UnitsCoupon TypeCallableDurationBookYieldYieldEndingEffectiveMaturity,Final MaturityEnding AccruedBalanceEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued% of MarketValue------------10,509,628.82Fixed---1.7482.2862.52711/23/202011/23/202050,854.3110,493,566.8510,544,421.1610,473,150.3810,524,004.70100.000%Issuer Concentration with Yield GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/2019113.A.3.aPacket Pg. 75Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
ABSAGCY BONDIdentifier,Description,Security Type% of MarketValue +AccruedCoupon TypeCallableDurationS&PRating,Moody'sRatingEnding Current UnitsEndingEffectiveMaturity,Final MaturityBookYield,YieldEnding AccruedBalanceOriginal CostEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued17305EFW0CCCIT 16A1 A1ABS1.892%FixedY0.788AAAAaa200,000.0011/19/201911/19/20192.8842.740700.00197,429.69198,216.67198,916.67198,425.68199,125.6817305EFW0CCCIT 16A1 A1ABS1.892%FixedY0.788AAAAaa200,000.0011/19/201911/19/20192.8842.740700.00197,429.69198,216.67198,916.67198,425.68199,125.68Identifier,Description,Security Type% of MarketValue +AccruedCoupon TypeCallableDurationS&PRating,Moody'sRatingEnding Current UnitsEndingEffectiveMaturity,Final MaturityBookYield,YieldEnding AccruedBalanceOriginal CostEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued3137EAEK1FEDERAL HOME LOAN MORTGAGE CORPAGCY BOND4.246%FixedN1.745AA+Aaa450,000.0011/17/202011/17/20201.9892.4951,734.38448,533.00449,099.02450,833.40445,126.95446,861.333137EAEL9FEDERAL HOME LOAN MORTGAGE CORPAGCY BOND5.031%FixedN1.959AA+Aaa525,000.0002/16/202102/16/20212.5992.4955,714.84521,808.00522,677.84528,392.69523,751.55529,466.393135G0U92FEDERAL NATIONAL MORTGAGEASSOCIATIONAGCY BOND1.241%FixedN2.814AA+Aaa130,000.0001/11/202201/11/20222.6502.516189.58129,906.40129,908.15130,097.73130,397.41130,586.99------AGCY BOND10.518%FixedN1.973AA+Aaa1,105,000.0002/18/202102/18/20212.3572.4977,638.801,100,247.401,101,685.021,109,323.821,099,275.911,106,914.71Security Type GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/2019123.A.3.aPacket Pg. 76Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
CORPMMFUNDIdentifier,Description,Security Type% of MarketValue +AccruedCoupon TypeCallableDurationS&PRating,Moody'sRatingEnding Current UnitsEndingEffectiveMaturity,Final MaturityBookYield,YieldEnding AccruedBalanceOriginal CostEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued594918BN3MICROSOFT CORPCORP0.711%FixedN0.510AAAAaa75,000.0008/08/201908/08/20191.1352.519396.4674,922.7574,986.4575,382.9174,454.2374,850.68594918BV5MICROSOFT CORPCORP1.428%FixedN0.987AAAAaa150,000.0002/06/202002/06/20201.8732.5901,348.96149,899.50149,965.42151,314.37148,895.40150,244.36037833CS7APPLE INCCORP1.181%FixedN1.248AA+Aa1125,000.0005/11/202005/11/20201.8352.550500.00124,872.50124,945.05125,445.05123,826.50124,326.50037833CZ1APPLE INCCORP1.139%FixedN0.602AA+Aa1120,000.0009/12/201909/12/20191.5442.591695.00119,896.80119,968.32120,663.32119,206.80119,901.80931142DY6WAL-MART STORES INCCORP0.427%FixedN0.676AAAa245,000.0010/09/201910/09/20191.7512.587245.0044,999.1044,999.6545,244.6544,743.8644,988.86931142EG4WALMART INCCORP3.112%FixedN1.357AAAa2325,000.0006/23/202006/23/20202.8662.498977.71324,899.25324,928.52325,906.22326,553.50327,531.2189236TEJ0TOYOTA MOTOR CREDIT CORPCORP1.798%FixedN0.923AA-Aa3190,000.0001/10/202001/10/20202.2462.756243.83189,830.90189,919.53190,163.37189,023.78189,267.61459200JN2INTERNATIONAL BUSINESS MACHINESCORPCORP2.828%FixedN0.971AA1300,000.0001/27/202001/27/20201.9332.73763.33299,712.00299,903.49299,966.83297,567.30297,630.63458140AZ3INTEL CORPCORP2.363%FixedN1.248A+A1250,000.0005/11/202005/11/20201.8632.5951,027.78249,905.00249,959.04250,986.82247,670.00248,697.7825468PDP8WALT DISNEY COCORP2.851%FixedN1.063A+A2300,000.0003/04/202003/04/20202.0722.6932,388.75298,956.00299,609.58301,998.33297,614.10300,002.8502665WBZ3AMERICAN HONDA FINANCE CORPCORP1.186%FixedN0.768A+A2125,000.0011/13/201911/13/20192.0292.733541.67124,930.00124,972.27125,513.93124,292.50124,834.1702665WCH2AMERICAN HONDA FINANCE CORPCORP0.717%FixedN1.334A+A275,000.0006/16/202006/16/20203.0742.869281.2574,898.7574,926.1775,207.4275,129.6875,410.9302665WCP4AMERICAN HONDA FINANCE CORPCORP1.685%FixedN2.696A+A2175,000.0012/10/202112/10/20213.3923.071836.72174,916.00174,918.95175,755.67176,441.83177,278.54375558BR3GILEAD SCIENCES INCCORP0.523%FixedN0.623AA355,000.0009/20/201909/20/20191.8682.720370.2654,980.7554,993.8555,364.1154,699.5955,069.85------CORP21.950%FixedN1.165AA-A12,310,000.0004/13/202004/13/20202.1932.6769,916.712,307,619.302,308,996.292,318,913.002,300,119.062,310,035.77Identifier,Description,Security Type% of MarketValue +AccruedCoupon TypeCallableDurationS&PRating,Moody'sRatingEnding Current UnitsEndingEffectiveMaturity,Final MaturityBookYield,YieldEnding AccruedBalanceOriginal CostEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued31846V203FIRST AMER:GVT OBLG YMMFUND0.567%FixedN0.000AAAmAaa59,628.8201/31/201901/31/20192.0002.0000.0059,628.8259,628.8259,628.8259,628.8259,628.8231846V203FIRST AMER:GVT OBLG YMMFUND0.567%FixedN0.000AAAmAaa59,628.8201/31/201901/31/20192.0002.0000.0059,628.8259,628.8259,628.8259,628.8259,628.82Security Type GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/2019133.A.3.aPacket Pg. 77Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
US GOVIdentifier,Description,Security Type% of MarketValue +AccruedCoupon TypeCallableDurationS&PRating,Moody'sRatingEnding Current UnitsEndingEffectiveMaturity,Final MaturityBookYield,YieldEnding AccruedBalanceOriginal CostEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued912828W63UNITED STATES TREASURYUS GOV2.508%FixedN1.093AA+Aaa265,000.0003/15/202003/15/20201.4512.5471,653.50266,221.49265,508.62267,162.13262,318.99263,972.50912828J84UNITED STATES TREASURYUS GOV2.496%FixedN1.137AA+Aaa265,000.0003/31/202003/31/20201.4622.5551,241.28264,378.91264,736.56265,977.84261,438.93262,680.21912828VJ6UNITED STATES TREASURYUS GOV1.887%FixedN1.383AA+Aaa200,000.0006/30/202006/30/20201.5602.505331.49201,820.31200,877.24201,208.73198,257.80198,589.29912828XM7UNITED STATES TREASURYUS GOV2.485%FixedN1.469AA+Aaa265,000.0007/31/202007/31/20201.5212.51411.90265,766.02265,405.82265,417.72261,552.88261,564.78912828VJ6UNITED STATES TREASURYUS GOV3.774%FixedN1.383AA+Aaa400,000.0006/30/202006/30/20201.5822.505662.98403,125.00401,630.47402,293.45396,515.60397,178.58912828XM7UNITED STATES TREASURYUS GOV3.752%FixedN1.469AA+Aaa400,000.0007/31/202007/31/20201.6012.51417.96400,265.62400,144.08400,162.03394,796.80394,814.76912828VZ0UNITED STATES TREASURYUS GOV4.745%FixedN1.612AA+Aaa500,000.0009/30/202009/30/20201.7272.4963,406.59503,847.66502,221.38505,627.97495,976.50499,383.099128284B3UNITED STATES TREASURYUS GOV3.254%FixedN2.036AA+Aaa340,000.0003/15/202103/15/20212.4312.4623,100.62339,455.47339,608.63342,709.25339,389.02342,489.64912828A83UNITED STATES TREASURYUS GOV3.232%FixedN1.856AA+Aaa340,000.0012/31/202012/31/20202.4072.473713.81339,707.81339,799.82340,513.63339,375.76340,089.579128283X6UNITED STATES TREASURYUS GOV3.154%FixedN1.961AA+Aaa330,000.0002/15/202102/15/20212.7522.4733,430.03325,952.35326,737.36330,167.39328,543.38331,973.419128284P2UNITED STATES TREASURYUS GOV3.164%FixedN2.196AA+Aaa330,000.0005/15/202105/15/20212.7692.4671,866.51328,723.83328,955.41330,821.92331,147.41333,013.92912828NT3UNITED STATES TREASURYUS GOV2.216%FixedN1.484AA+Aaa230,000.0008/15/202008/15/20202.6802.5022,789.06229,748.44229,809.75232,598.81230,422.28233,211.349128284J6UNITED STATES TREASURYUS GOV2.195%FixedN1.213AA+Aaa230,000.0004/30/202004/30/20202.6602.5211,403.35228,885.94229,204.69230,608.03229,586.69230,990.049128285A4UNITED STATES TREASURYUS GOV2.903%FixedN2.489AA+Aaa300,000.0009/15/202109/15/20212.9002.4413,167.82298,722.65298,870.41302,038.22302,331.90305,499.72912828Y20UNITED STATES TREASURYUS GOV4.203%FixedN2.363AA+Aaa440,000.0007/15/202107/15/20212.8962.455542.40436,803.13437,196.09437,738.49441,770.12442,312.52912828F21UNITED STATES TREASURYUS GOV4.129%FixedN2.553AA+Aaa435,000.0009/30/202109/30/20212.6872.4493,148.97428,491.99428,762.58431,911.54431,380.80434,529.779128285L0UNITED STATES TREASURYUS GOV4.207%FixedN2.651AA+Aaa435,000.0011/15/202111/15/20212.7012.4442,694.72437,090.04437,009.04439,703.75440,012.51442,707.229128285R7UNITED STATES TREASURYUS GOV2.397%FixedN2.742AA+Aaa250,000.0012/15/202112/15/20212.5292.429865.38250,664.06250,654.03251,519.42251,347.75252,213.139128284T4UNITED STATES TREASURYUS GOV4.212%FixedN2.279AA+Aaa440,000.0006/15/202106/15/20212.5342.4501,523.08440,928.13440,911.11442,434.19441,752.96443,276.04912828WY2UNITED STATES TREASURYUS GOV4.160%FixedN2.415AA+Aaa440,000.0007/31/202107/31/20212.5342.45927.35436,940.63436,996.97437,024.32437,782.84437,810.19Security Type GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/2019143.A.3.aPacket Pg. 78Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Summary * Grouped by: Security Type. * Groups Sorted by: Security Type. * Filtered By: Description ¹ "Payable" and Description ¹ "Receivable". * Weighted by: Ending Market Value + Accrued, except Book Yield by Base Book Value + Accrued.Identifier,Description,Security Type% of MarketValue +AccruedCoupon TypeCallableDurationS&PRating,Moody'sRatingEnding Current UnitsEndingEffectiveMaturity,Final MaturityBookYield,YieldEnding AccruedBalanceOriginal CostEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued---UNITED STATES TREASURYUS GOV65.073%FixedN1.952AA+Aaa6,835,000.0002/09/202102/09/20212.2922.47932,598.806,827,539.486,825,040.066,857,638.856,815,700.926,848,299.72Identifier,Description,Security Type% of MarketValue +AccruedCoupon TypeCallableDurationS&PRating,Moody'sRatingEnding Current UnitsEndingEffectiveMaturity,Final MaturityBookYield,YieldEnding AccruedBalanceOriginal CostEnding Book Value,Book Value + AccruedMarket Value,Ending Market Value +Accrued---------100.000%Fixed---1.748AAAa110,509,628.8211/23/202011/23/20202.2862.52750,854.3110,492,464.6910,493,566.8510,544,421.1610,473,150.3810,524,004.70Security Type GASB 40 Trade DateSan Jacinto, City of (66779)As of 01/31/2019Return to Table of ContentsDated: 02/06/2019153.A.3.aPacket Pg. 79Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Identifier,Description,Security TypeInterest/DividendReceivedTransfers In/OutPurchasesPurchasedAccruedIncomeSalesDisposed AccruedMaturities andRedemptionsPaydownsNet RealizedGain/LossBeginning OriginalCost,Ending Original CostBeginning MarketValue,Ending Market Value31846V203FIRST AMER:GVT OBLG YMMFUND106.920.001,190,645.670.00-1,174,135.130.000.000.000.0043,118.2859,628.8243,118.2859,628.82CCYUSDCashCASH0.00-104.170.000.000.000.000.000.000.000.000.000.000.00CCYUSDReceivableCASH0.000.000.000.000.000.000.000.000.00106.92167.99106.92167.99594918BN3MICROSOFT CORPCORP0.000.000.000.000.000.000.000.000.0074,922.7574,922.7574,253.7574,454.23912828F62UNITED STATES TREASURYUS GOV0.000.000.000.00-312,243.75-978.940.000.00-3,584.08318,051.560.00312,057.900.00459200JN2INTERNATIONAL BUSINESSMACHINES CORPCORP2,850.000.000.000.000.000.000.000.000.00299,712.00299,712.00296,550.00297,567.30594918BV5MICROSOFT CORPCORP0.000.000.000.000.000.000.000.000.00149,899.50149,899.50148,893.00148,895.4025468PDP8WALT DISNEY COCORP0.000.000.000.000.000.000.000.000.00298,956.00298,956.00297,057.00297,614.10912828G61UNITED STATES TREASURYUS GOV0.000.000.000.00-292,165.24-510.580.000.00-3,088.24295,749.020.00291,955.600.00912828W22UNITED STATES TREASURYUS GOV0.000.000.000.00-118,453.13-681.520.000.00-1,451.55119,751.560.00118,342.800.00037833CS7APPLE INCCORP0.000.000.000.000.000.000.000.000.00124,872.50124,872.50123,407.50123,826.50458140AZ3INTEL CORPCORP0.000.000.000.000.000.000.000.000.00249,905.00249,905.00246,900.00247,670.00912828W63UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00266,221.49266,221.49262,032.00262,318.99912828J84UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00264,378.91264,378.91261,096.55261,438.93912828VJ6UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00201,820.31201,820.31197,998.00198,257.80912828G95UNITED STATES TREASURYUS GOV0.000.000.000.00-188,233.59-119.410.000.00-2,062.10190,749.610.00188,105.700.00912828U73UNITED STATES TREASURYUS GOV0.000.000.000.00-346,158.20-396.630.000.00-3,575.41349,302.730.00345,828.000.00037833CZ1APPLE INCCORP0.000.000.000.000.000.000.000.000.00119,896.80119,896.80118,947.60119,206.80375558BR3GILEAD SCIENCES INCCORP0.000.000.000.000.000.000.000.000.0054,980.7554,980.7554,508.8554,699.59912828XM7UNITED STATES TREASURYUS GOV2,153.130.000.000.000.000.000.000.000.00265,766.02265,766.02261,215.80261,552.88912828VJ6UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00403,125.00403,125.00395,996.00396,515.60Portfolio Activity SummarySan Jacinto, City of (66779)01/01/2019 - 01/31/2019Return to Table of ContentsDated: 02/06/2019163.A.3.aPacket Pg. 80Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
Identifier,Description,Security TypeInterest/DividendReceivedTransfers In/OutPurchasesPurchasedAccruedIncomeSalesDisposed AccruedMaturities andRedemptionsPaydownsNet RealizedGain/LossBeginning OriginalCost,Ending Original CostBeginning MarketValue,Ending Market Value912828XM7UNITED STATES TREASURYUS GOV3,250.000.000.000.000.000.000.000.000.00400,265.62400,265.62394,288.00394,796.80931142DY6WAL-MART STORES INCCORP0.000.000.000.000.000.000.000.000.0044,999.1044,999.1044,684.5544,743.86912828VZ0UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00503,847.66503,847.66495,495.00495,976.5002665WBZ3AMERICAN HONDA FINANCE CORPCORP0.000.000.000.000.000.000.000.000.00124,930.00124,930.00124,022.50124,292.503137EAEK1FEDERAL HOME LOAN MORTGAGECORPAGCY BOND0.000.000.000.000.000.000.000.000.00448,533.00448,533.00444,307.50445,126.9589236TEJ0TOYOTA MOTOR CREDIT CORPCORP2,090.000.000.000.000.000.000.000.000.00189,830.90189,830.90188,185.50189,023.789128284B3UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00339,455.47339,455.47339,031.00339,389.02912828A83UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00339,707.81339,707.81339,170.40339,375.763137EAEL9FEDERAL HOME LOAN MORTGAGECORPAGCY BOND0.000.000.000.000.000.000.000.000.00521,808.00521,808.00523,157.25523,751.55931142EG4WALMART INCCORP0.000.000.000.000.000.000.000.000.00324,899.25324,899.25325,295.75326,553.5002665WCH2AMERICAN HONDA FINANCE CORPCORP0.000.000.000.000.000.000.000.000.0074,898.7574,898.7574,827.5075,129.689128283X6UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00325,952.35325,952.35328,142.10328,543.389128284P2UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00328,723.83328,723.83330,999.90331,147.41912828NT3UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00229,748.44229,748.44230,296.70230,422.289128284J6UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00228,885.94228,885.94229,376.70229,586.6917305EFW0CCCIT 16A1 A1ABS0.000.000.000.000.000.000.000.000.00197,429.69197,429.69197,880.00198,425.689128285A4UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00298,722.65298,722.65302,052.00302,331.90912828Y20UNITED STATES TREASURYUS GOV5,775.000.000.000.000.000.000.000.000.00436,803.13436,803.13441,500.40441,770.1202665WCP4AMERICAN HONDA FINANCE CORPCORP0.000.000.000.000.000.000.000.000.00174,916.00174,916.00175,850.50176,441.83912828F21UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00428,491.99428,491.99430,828.35431,380.809128285L0UNITED STATES TREASURYUS GOV0.000.000.000.000.000.000.000.000.00437,090.04437,090.04439,811.10440,012.51Portfolio Activity SummarySan Jacinto, City of (66779)01/01/2019 - 01/31/2019Return to Table of ContentsDated: 02/06/2019173.A.3.aPacket Pg. 81Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
* Weighted by: Ending Market Value + Accrued. * Holdings Displayed by: Lot.Identifier,Description,Security TypeInterest/DividendReceivedTransfers In/OutPurchasesPurchasedAccruedIncomeSalesDisposed AccruedMaturities andRedemptionsPaydownsNet RealizedGain/LossBeginning OriginalCost,Ending Original CostBeginning MarketValue,Ending Market Value3135G0U92FEDERAL NATIONAL MORTGAGEASSOCIATIONAGCY BOND0.000.00129,906.400.000.000.000.000.000.000.00129,906.400.00130,397.419128285R7UNITED STATES TREASURYUS GOV0.000.00250,664.06-558.890.000.000.000.000.000.00250,664.060.00251,347.759128284T4UNITED STATES TREASURYUS GOV0.000.00440,928.13-983.650.000.000.000.000.000.00440,928.130.00441,752.96912828WY2UNITED STATES TREASURYUS GOV4,950.000.00436,940.63-4,519.570.000.000.000.000.000.00436,940.630.00437,782.84---------21,175.05-104.172,449,084.89-6,062.11-2,431,389.04-2,687.080.000.00-13,761.3910,491,226.3410,492,632.6810,437,573.9510,473,318.37Portfolio Activity SummarySan Jacinto, City of (66779)01/01/2019 - 01/31/2019Return to Table of ContentsDated: 02/06/2019183.A.3.aPacket Pg. 82Attachment: 2018-19 January Treasurers Report (Treasurer’s Report at January 31, 2019)
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March 5, 2019
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Second Reading of Ordinance 19-06 for Development Agreement 18-1
RECOMMENDATION:
CONDUCT the second reading and ADOPTION of Ordinance 19-06, approving Development
Agreement 18-1.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT NO.
18-1 BETWEEN THE CITY OF SAN JACINTO AND SRC, LP AND SJSA
INVESTMENTS, LLC
DISCUSSION/ANALYSIS:
On February 19, 2019, the City Council introduced and conducted the first reading of Ordinance
No. 19-06 to approve Development Agreement 18-1 (4-0-1), subject to a change in the
Development Agreement Term from five years to four years and the extension option from two
to three years.
On January 29, 2019, after conducting a public hearing, the Planning Commission unanimously
approved resolution 19-02 recommending that the City Council approve Development
Agreement 18-01.
Development Agreement 18-1 is a proposal to enter into a Development Agreement to extend
Conditional Use Permit 1-08 for a term of four-years in exchange for a Fee.
BACKGROUND:
On August 7, 2008, the City Council approved Conditional Use Permit 1-08, along with
Tentative Parcel Map 35888. The CUP was valid for a period of two years, with two one-year
extensions granted. Subsequently, the City adopted three Resolutions providing automatic
extensions to Commercial Projects that had not been completed. The CUP was set to expire on
August 7, 2017.
3.A.4
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To prepare for and encourage new development in the coming years, staff is recommending that
the City enter into Development Agreements (similar to those executed for Tentative Tract
Maps) to provide an additional four-year extension for the Conditional Use Permit, with the
provision for one, three-year extension. The Development agreement will extend Conditional
Use Permit 1-08 for four years, to provide additional time to development project. The project
when built will provide additional retail opportunities for the City.
The Development Agreement would have a positive fiscal impact for the City with added retail
and services for area residents and a Development Agreement Fee paid to the City. The
Development Agreement Fee will be in the amount of $0.25 per gross building square foot for
the first four years, paid at issuance of a Certificate of Occupancy, which will be deposited in the
City’s General Fund account. If a three-year extension is granted, the Development Agreement
Fee will increase to $0.40.
Development Agreement 18-1 has been prepared in accordance with the rules and regulations for
the review and processing of Development Agreement requests in the City. The proposed
development complies with the City’s General Plan.
Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto
is authorized to enter into Development Agreements with persons having legal or equitable
interests in real property for the development of such property.
ENVIRONMENTAL ANALYSIS:
The project was adequately analyzed in earlier an adopted mitigated negative declaration for the
Conditional Use Permit. Moreover, a subsequent mitigated negative declaration is not required,
because there are no changed circumstances pursuant to the California Environmental Quality
Act (CEQA) Section 15162.
FISCAL IMPACT:
The City’s General Fund will receive a DA Fee of approximately $30,000 at $0.25 per gross
building square foot if built within the DA term. In addition, the City would see an increase in
retail sales tax, when the project site is developed.
ATTACHMENTS:
Ordinance 19-06
Development Agreement 18-1
City Council Staff Report February 19, 2019
3.A.4
Packet Pg. 85
STATE OF CALIFORNIA ) ORDINANCE NO. 19-06
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT
AGREEMENT NO. 18-1 BETWEEN THE CITY OF SAN
JACINTO AND SRC, LP AND SJSA INVESTMENTS, LLC
WHEREAS, pursuant to Section 65864, et seq., of the California
Government Code, the City of San Jacinto (“City”) is authorized to enter into development
agreements with persons having legal or equitable interests in real property for the
development of such property; and
WHEREAS, SRC, LP and SJSA Investments, LLC (“Owners”) are the
owners of properties entitled with CUP 1-08 with respect to the Development Agreement;
and
WHEREAS, City and Owner now seek to enter into Development
Agreement 18-1 attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement
generally consists of the vacant properties entitled under CUP 1-08, a 16.2-acre shopping
center (“Project”), located at the southwest corner of Sanderson and Cottonwood
Avenues and the purpose of Development Agreement is to extend the Conditional Use
Permit for a period of five years; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the
City’s requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, includes a
Development Agreement Fee to be paid by Owner to the City under the Development
Agreement; and
WHEREAS, the Development Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Property, ensure progressive
installation of necessary improvements, provide fo r public services appropriate to the
development of the Project, and generally serve the purposes for which development
agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, the project has been adequately analyzed in an earlier adopted
mitigated negative declaration and a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
3.A.4.a
Packet Pg. 86 Attachment: Ordinance 19-06 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
2
WHEREAS, on January 29, 2019, the Planning Commission of the City of
San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on
Development Agreement 18-1, at which time all persons wishing to testify in connection
with Development Agreement 18-1 were heard and Development Agreement 18-1 was
comprehensively reviewed; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance
with the recommendation of the Planning Commission for the City of San Jacinto (the
“Planning Commission”), the City Council has determined that it can be seen with
certainty that the approval of the Development Agreement is not likely to have any effect
on the environment, and therefore further review is not necessary under CEQA and the
CEQA Guidelines; and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted
a duly noticed public hearing concerning the Development Agreement, at which time all
persons wishing to do so had an opportunity to provide testimony regarding the
Development Agreement, and at which time the City Council thoroughly reviewed the
Development Agreement; and
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are
incorporated herein and made an operative part of this Ordinance as
though fully set forth herein.
Section 2. Findings. Based on the entire record before the City Council, all
written and oral evidence presented to the City Council, and the
findings set forth in this Ordinance, the City Council adopts this
Ordinance and approves Development Agreement 18-2 based upon
the following findings:
A. That the Development Agreement aids in the
continued and consistent implementation of the Conditional
Use Permit, provides a financial benefit to the City in the form
of the Development Agreement Fee (as that term is defined in
the Development Agreement), and is therefore in the best
interest of the City.
B. That Development Agreement 18-1 is
consistent with the City’s General Plan and will allow the
Owner to complete the Project in a manner which the City
Council previously found to be consistent with the City’s
General Plan, and as recommend by the Planning
Commission, the City Council finds continues to be consistent
therewith.
3.A.4.a
Packet Pg. 87 Attachment: Ordinance 19-06 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
3
C. That the Development Agreement 18-1 promotes the
public health, safety and welfare of the community because it will
permit and encourage the development of commercial retail uses in
accordance with the approved Conditional Use Permit and will allow
for the most efficient and logical development of the real property
governed by the Development Agreement in the City.
D. That the Project is covered under the Conditional Use
Permit, which provides for a range of commercial and retail
development, is therefore compatible with the uses authorized in,
and the regulations prescribed for, the zone in which the real property
subject to the Development Agreement is located, and will not
adversely affect the orderly development of property or t he
preservation of property values.
E. The Development Agreement is consistent with the
following General Plan Land Use Element goals and policies, and
will further important and officially recognized City wide goals and
policies, by allowing the Owner to develop the Project under the
terms of the Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct
Growth – This Land Use Element encourages development
consistent with the zoning of the property and provides for
adequate levels of public services and facilities to be provided
for the new development.
F. That Development Agreement 18-1 will provide the
City with important, tangible benefits including the Development
Agreement Fee provided for in the Agreement, and development of
the Conditional Use Permit.
Section 3. Adoption of Development Agreement 18-1. Based on the entire
record before the City Council, all written and oral evidence
presented to the City Council, and the findings set forth in this
Ordinance, the City Council hereby adopts Development Agreement
18-1, as set forth in Exhibit “A”.
Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA
and in accordance with the recommendation of the Planning
Commission for the City of San Jacinto, the City Council has
determined that the Project has been adequately analyzed in an
earlier adopted mitigated negative declaration, and a subsequent
mitigated negative declaration is not required because there are no
changed circumstances pursuant to Section 15162. Further, it can
be seen with certainty that the approval of the Development
Agreement is not likely to have any effect on the environment, and
3.A.4.a
Packet Pg. 88 Attachment: Ordinance 19-06 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
4
therefore further review is not necessary under CEQA and the CEQA
Guidelines.
Section 5. Notice of Determination. Staff is directed to file a Notice of
Determination with the Riverside County Recorder’s Office within five
(5) working days of adoption of this Ordinance.
Section 6. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are
based are located at the City Clerk’s office located at 595 S. San
Jacinto Avenue, San Jacinto, CA 92583. The custodian for these
records is the City Clerk.
Section 7. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable. The
City Council hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion
thereof.
Section 8. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once
within 15 days of adoption in a newspaper of general circulation
printed and published within the City of San Jacinto, and shall post a
certified copy of this Ordinance, including the vote for and against
the same, in the Office of the City Clerk in accordance with
Government Code § 36933.
Introduced at a regular meeting of the City Council on the 19th day of February 2019.
3.A.4.a
Packet Pg. 89 Attachment: Ordinance 19-06 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
5
ORDINANCE NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 5th day of March 2019, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
_______________________
Russell Utz, Mayor
ATTEST:
_____________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
3.A.4.a
Packet Pg. 90 Attachment: Ordinance 19-06 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
6
CERTIFICATION
State of California )
County of Riverside) ss
City of San Jacinto)
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Ordinance No. 19-06 was introduced at a regular meeting
of the City Council of the City of San Jacinto on the 19th day of February 2019. Ordinance
No. 19-06 was passed, approved, and adopted by the City Council of the City of San
Jacinto, California, at a regular meeting of the City Council held on the 5th day of March
2019, by the following vote of at least four-fifths of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Witness my hand and seal the 5th day of March 2019.
_____________________________
Angela Walton, City Clerk
City of San Jacinto
3.A.4.a
Packet Pg. 91 Attachment: Ordinance 19-06 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 18-2
BY AND BETWEEN THE CITY OF SAN JACINTO AND SRC, LP AND SJSA
INVESTMENTS, LLC
3.A.4.a
Packet Pg. 92 Attachment: Ordinance 19-06 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
Recorded at request of: )
Clerk, City Council )
City of San Jacinto )
)
When recorded return to: )
City of San Jacinto )
595 S. San Jacinto Ave. )
San Jacinto, CA 92583 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 18-1
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF SAN JACINTO
and
SRC, LP
A CALIFORNIA LIMITED PARTNERSHIP
and
SJSA INVESTMENTS, LLC,
A NEVADA LIMITED LIABILITY COMPANY
3.A.4.b
Packet Pg. 93 Attachment: Development Agreement 18-1 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
2
DEVELOPMENT AGREEMENT NO. 18-1
This Development Agreement (hereinafter “Agreement”) is entered into by and among the
City of San Jacinto, a California municipal corporation (hereinafter “CITY”), and SRC, LP, a
California limited partnership and SJSA Investments, LLC, a Nevada limited liability company
(hereinafter “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of such property,
pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of certain governmental
and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review
by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and
welfare will be served by entering into this Agreement; and
WHEREAS, the environmental impacts of the Project and this Agreement, including t he
Development Approvals, have previously been properly reviewed and assessed by CITY pursuant
to the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
(“CEQA”), California Code of Regulations Title 14, Section 15000 et seq. (the “CEQA
Guidelines”) and the CITY’s local CEQA guidelines; and
WHEREAS, on January 29, 2019, the City of San Jacinto Planning Commission conducted
a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do
so had an opportunity to provide testimony regarding this Agreement, and at which time the
Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the
City Council of the City of San Jacinto that the City Council approve and adopt thi s Agreement;
and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted a duly noticed
public hearing concerning this Agreement, at which time all persons wishing to do so had an
opportunity to provide testimony regarding this Agreement, and at which time the City Council
thoroughly reviewed this Agreement; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance with the
recommendation of the Planning Commission for the City of San Jacinto (the “Planning
Commission”), the City Council has determined that it can be seen with certainty that the approval
of this Agreement is not likely to have any effect on the environment, and therefore further review
3.A.4.b
Packet Pg. 94 Attachment: Development Agreement 18-1 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
3
is not necessary under CEQA and the CEQA Guidelines; and
WHEREAS, on February 19, 2019, following the conclusion of the public hearing and
adoption of the Notice of Determination, the City Council conducted the first reading of the
ordinance approving and adopting this Agreement, and
WHEREAS on March 5, 2019, the City Council conducted a second reading (adoption) of
the ordinance approving and adopting this Agreement; and
WHEREAS, this Agreement and the Project are consistent with the CITY’s
Comprehensive General Plan and any Specific Plan applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Project, and generally serve the
purposes for which development agreements under Sections 65864 et seq. of the Government Code
are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to
assure development of the Property in accordance with this Agreement; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess
of the generally applicable requirements in order to assure vesting of legal rights to develop the
Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of San Jacinto, a municipal corporation, organized
and existing pursuant to the laws of the State of California.
3.A.4.b
Packet Pg. 95 Attachment: Development Agreement 18-1 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
4
1.1.3 “City Council” means the duly elected and constituted city council of CITY.
1.1.4 “Dedication Requirement” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land
in order to lessen, offset, mitigate or compensate for the impacts of development on the
environment or other public interests.
1.1.5 “Development” means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property; the construction of buildings and structures; and
the installation of landscaping. “Development” does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.6 “Development Agreement Policies” means those certain development
agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002,
as amended.
1.1.7 “Development Approvals” means all permits and other entitlements for use,
subject to approval or issuance by CITY in connection with the Development, including, but not
limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans;
(d) zoning; and
(e) grading and building permits.
1.1.8 “Development Exaction” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land,
the construction of improvements or public facilities, or the payment of fees in order to lessen,
offset, mitigate or compensate for the impacts of development on the environment or other public
interests.
1.1.9 “Development Plan” means the Existing Development Approvals and the
Existing Land Use Regulations applicable to development of the Property.
1.1.10 “Effective Date” means the date the ordinance approving this Agreement
becomes effective.
1.1.11 “Existing Development Approvals” means all Development Approvals
approved or issued prior to the Effective Date. Existing Development Approvals includes the
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Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public
record on the Effective Date.
1.1.12 “Existing Land Use Regulations” means all Land Use Regulations in effect
on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein
as Exhibit “D” and all other Regulations which are a matter of public record on the Effective Date.
1.1.13 “Land Use Regulations” means all ordinances, resolutions, codes, rules,
regulations and official policies of CITY governing the development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement and construction standards
and specifications applicable to the development of the property. “Land Use Regulations” does
not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public property; and/or
(e) the exercise of the power of eminent domain.
1.1.14 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security-device lender, and their successors and assigns.
1.1.15 “OWNER” means the persons and entities listed as OWNER on page 1 of
this Agreement and its successor(s) in interest to all or any part of the Property.
1.1.16 “Planning Commission” means the duly appointed and constituted planning
commission of CITY.
1.1.17 “Project” means the development of the Property contemplated by the
Development Plan as such Development Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.18 “Property” means the real property described on Exhibit “A” and shown on
Exhibit “B” to this Agreement.
1.1.19 “Reservations of Authority” means the rights and authority excepted from
the assurances and rights provided to OWNER under this Agreement and reserved to CITY under
Section 3.6 of this Agreement.
1.1.20 “Subsequent Development Approvals” means all Development Approvals
required subsequent to the Effective Date in connection with the Development.
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1.1.21 “Subsequent Land Use Regulations” means any Land Use Regulations
adopted and effective after the Effective Date of this Agreement.
1.1.22 “CUP 1-08” means Conditional Use Permit 1-08, which is one of the
Existing Development Approvals and is described in Exhibit “C”.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
Exhibit “C” — Existing Development Approvals.
Exhibit “D” — Existing Land Use Regulations.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the OWNER
of the fee simple title to the Property or a portion thereof.
2.3 Term. The initial term of this Agreement shall commence on the Effective Date
(April 5, 2019), and shall continue for a period of four (4) years thereafter unless this term is
modified or extended pursuant to the provisions of this Agreement. Notwithstanding the
foregoing, the term of this Agreement may be extended one (1) time for an additional three (3)
years following expiration of the initial term, resulting in a total term of seven (7) years, provided
the following have occurred:
(a) OWNER provides at least one hundred eighty (180) days’ written
notice to CITY prior to the expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.
The initial term and, if and upon extension, the three-year extended term, shall sometimes
be referred to herein collectively as the “Term.”
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm
or corporation at any time during the Term; provided, however, that any such sale, transfer or
assignment shall include the assignment and assumption of the rights, duties and obligations
arising under or from this Agreement and be made in strict compliance with the following
conditions precedent:
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(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer or assignment of all or a part
of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within
fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer
or assignment and shall provide CITY with an executed agreement, in a form reasonably
acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the
purchaser, transferee or assignee expressly and unconditionally assumes all the duties and
obligations of OWNER under this Agreement.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b)
of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser,
transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser,
transferee or assignee until and unless such agreement is executed. OWNER shall have the right
to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and
interest in and to a credit or reimbursement provided for in this Agreement; provided however,
that the existence and extent of any such reservation shall be expressly referred to in the written
agreement required by Section 2.4.1(b), above.
2.4.2 Release of Transferring OWNER. Notwithstanding any sale, transfer or
assignment, a transferring OWNER shall continue to be obligated under this Agreement unless
such transferring OWNER is given a release in writing by CITY, which release shall be provided
by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part
of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed
agreement required under Paragraph (b) of Subsection 2.4.1 above.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after
an initial sale, transfer or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section.
2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the
sale or lease (for a period longer than one year) of any lot which has been finally subdivided and
is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user.
Notwithstanding any other provisions of this Agreement, this Agreement shall automatically
terminate with respect to any such lot and such lot shall be released and no longer be subject to
this Agreement without the execution or recordation of any further document upon satisfaction of
both of the following conditions:
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(a) The lot has been finally subdivided and individually (and not in
“bulk”) sold or leased (for a period longer than one year) to a member of the public or other
ultimate user; and
(b) A certificate of occupancy has been issued for a building on the lot,
and the fees set forth under Section 4.2 of this Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868 and Article 5 of the Development Agreement Policies. This
provision shall not limit any remedy of CITY or OWNER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the
ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including issuance of all required occupancy permits and acceptance by CITY or applicable public
agency of all required dedications.
(e) Termination of this Agreement based on any default of OWNER and
following the termination proceedings required by Articles 7 and 8 of the Development Agreement
Policies.
Termination of this Agreement shall not constitute termination of any other land
use entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement. Upon such termination,
any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by
OWNER to CITY for residential units on which construction has not yet begun shall be refunded
to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permitted hereunder.
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(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records of the telegraph
company after transmission by telegraph to the recipient named below. All notices shall be
addressed as follows:
If to CITY:
City of San Jacinto
595 S. San Jacinto Ave.
San Jacinto, CA 92583
Attn: City Manager
Telephone: (951) 487-7342
Facsimile: (951) 654-3728
Copy to:
Best, Best & Krieger, LLP
300 South Grand Ave.
25th Floor
Los Angeles, CA 90071
Attn: City Attorney
Telephone: (213) 617-8100
Facsimile: (213) 617-7480
If to OWNER:
SRC, L.P.
Attn: Mark E. Zimmerman
18818 Teller Ave. Suite 100
Irvine, CA 92612
SJSA Investments, LLC
Attn. H&L Management, Inc.
250 Pilot Road, Suite 140
Las Vegas, NV 89119
(c) Either party may, by notice given at any time, require subsequent notices to
be given to another person or entity, whether a party or an officer or representative of a party, or
to a different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement, including the
Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance
with, and to the extent of, the Development Plan. The Project shall remain subject to all
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Subsequent Development Approvals required to complete the Project as contemplated by the
Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the
Property, the density and intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation and dedication of land for public purposes shall be those set forth in the
Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement, including the Reservations of Authority, the rules, regulations and
official policies governing permitted uses of the Property, the density and intensity of use of the
Property, the maximum height and size of proposed buildings, and the design, improvement and
construction standards and specifications applicable to development of the Property shall be the
Existing Land Use Regulations. In connection with any Subsequent Development Approval,
CITY shall exercise its discretion in accordance with the Development Plan, and as provided by
this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for
processing, review and action all applications for Subsequent Development Approvals, and such
applications shall be processed in the normal manner for processing such matters.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time
predict when or the rate at which phases of the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of OWNER, such as market orientation
and demand, interest rates, absorption, completion and other similar factors. Since the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that
the failure of the parties therein to provide for the timing of development resulted in a later adopted
initiative restricting the timing of development to prevail over such parties’ agreement, it is the
parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have
the right to develop the Property in such order and at such rate and at such times as OWNER deems
appropriate within the exercise of its subjective business judgment, subject only to any timing or
phasing requirements set forth in Section 3.4.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and
phasing requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require Subsequent Development Approvals and may demonstrate
that changes are appropriate and mutually desirable in the Existing Development Approvals. In
the event OWNER finds that a change in the Existing Development Approvals is necessary or
appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such
change and CITY shall process and act on such application in accordance with the E xisting Land
Use Regulations, except as otherwise provided by this Agreement including the Reservations of
Authority. If approved, any such change in the Existing Development Approvals shall be
incorporated herein as an addendum to Exhibit “C”, and may be further changed from time to time
as provided in this Section. Unless otherwise required by law, as determined by the City Manager,
a change to the Existing Development Approvals shall be deemed “minor” and not require an
amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
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(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 of the Public Resources Code.
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by
CITY to cover the estimated actual costs to CITY of processing applications for Development
Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any other
matter of procedure.
(c) Regulations governing construction standards and specifications
including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical C ode,
Electrical Code, Fire Code and Grading Code.
(d) Regulations imposing Dedication Requirements or Development
Exactions; provided, however, that no such subsequently adopted Dedication Requirements or
Development Exactions shall be applicable to development of the Property unless such Dedication
Requirements or Development Exactions are applied uniformly to development throughout the
CITY or within a defined area of benefit that includes the Property. No such subsequently adopted
Dedication Requirement or Development Exaction shall apply if its application to the Property
would physically prevent development of the Property for the uses and to the density or intensity
of development set forth in the Development Plan. In the event any such subsequently adopted
Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part,
as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such
subsequently adopted Dedication Requirement or Development Exaction for the fees paid under
Section 4.2 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations which may be in conflict with the Development Plan
but which are reasonably necessary to protect the public health and safety. To the extent possible,
any such regulations shall be applied and construed so as to provide OWNER with the rights and
assurances provided under this Agreement.
(f) Regulations which are not in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
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development of the Property shall be deemed to conflict with the Development Plan and shall
therefore not be applicable to the development of the Property.
(g) Regulations which are in conflict with the Development Plan
provided OWNER has given written consent to the application of such regulations to development
of the Property.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use
Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent
CITY from denying or conditionally approving any Subsequent Development Approval on the
basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict
with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State
or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or
preclude compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such State or
Federal laws or regulations, provided, however, that this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws
or regulations do not render such remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This
Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such
power and authority which cannot be restricted by contract.
3.7 Public Works. If OWNER is required by this Agreement to construct any public
works facilities which will be dedicated to CITY or any other public agency upon completion, and
if required by applicable laws to do so, OWNER shall perform such work in the same manner and
subject to the same requirements and standards as would be applicable to CITY or such other
public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is
required to construct any public improvement on land not owned by OWNER, OWNER shall at
its sole cost and expense provide, or cause to be provided, the real property interests necessary for
the construction of such public improvements. In the event OWNER is unable, after exercising
reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the
Civil Code, to acquire the real property interests necessary for the construction of such public
improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate
security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary
real property interests to allow OWNER to construct the public improvements as required by this
Agreement and, if necessary, in accordance with the procedures established by law, use its power
of eminent domain to acquire such required real property interests. OWNER shall pay all costs
associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by
the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public
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improvements on land not owned by OWNER, except to the extent that the OWNER elects to
proceed with the development of the Project, and then only in accordance with valid conditions
imposed by the CITY upon the Development under the Subdivision Map Act or other legal
authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
Development separately from or jointly with CITY and this Agreement does not limit the authority
of such other public agencies.
3.10 Conditional Use Permit 1-08 Extension. The term of CUP 1-08, development
projects, tentative parcel map(s) heretofore or hereafter approved in connection with the
Development shall expire upon the expiration or earlier termination of this Agreement. Said term
of such conditional use permit shall be the sole and exclusive term and shall be in lieu of any other
term or term extension provided for pursuant to the CITY resolution or ordinance.
3.11 Amendment(s) to Conditional Use Permit 1-08. Any amendment to the CUP,
heretofore or hereafter approved in connection with the Development, which is deemed “minor”
in accordance with Section 3.5 of this Agreement shall not require an amendment to this
Agreement. If and upon OWNER election to exercise the term extension authorized under Section
2.3 of this Agreement, during such three-year extended term, all conditions of approval for the
CUP identified under this Agreement shall be reviewed for changed circumstances and
modifications may be required. Subject to applicable provisions of the City’s Municipal Code.
3.12 Vesting Tentative Maps. Not Applicable.
3.13 Utilities. In accordance with Section 201(h) of the Development Agreement
Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer,
gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for
CITY-owned or operated utilities serving the Project for such prices and on such terms as may be
mutually agreed to between the parties.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that the Development will result in
substantial public needs which will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial privat e benefits on OWNER which
should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on OWNER by providing
more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Agreement Fee. In addition to the other obligations of OWNER
contained in this Agreement, the Project shall also be subject to a “Development Agreement Fee.”
The Development Agreement Fee shall be paid to CITY and shall cover the initial term of four (4)
years of this Agreement. The Development Agreement Fee shall be twenty-five cents (.25 cents)
per gross square foot of building area for the initial term of four (4) years of this Agreement. If
and upon OWNER election to exercise the term extension authorized under Section 2.3 of this
Agreement, the Development Agreement Fee shall increase to forty cents (.40 cents) per gross
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square foot of building area for the extended term of three (3) years of this Agreement. In addition,
during such three-year extended term, all conditions of approval for any tentative tract map
identified under this Agreement shall be reviewed for changed circumstances and modifications
may be required. The Development Agreement Fee shall not be used to offset any Development
Impact Fee(s). OWNER shall not be entitled to any credit against the Development Agreement
Fee resulting from OWNER’s provision of public improvements as required by the Development
Plan or this Agreement.
4.2.1 Time of Payment. The Development Agreement Fee required pursuant to
Section 4.2 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the
certificate of occupancy for each building. No fees shall be payable for building permits issued
prior to the Effective Date of this Agreement, but the Development Agreement Fee required
pursuant to Section 4.3 shall be paid prior to the re-issuance or extension of any building permit
for a building for which such Development Agreement Fee has not previously been paid.
4.2.2 Development Agreement Processing Fee and Deposit(s). In addition to the
Development Agreement Fee, OWNER has paid the CITY a one-time fee separately for processing
of the Development Agreement (“Development Agreement Processing Fee”) in the amount of Five
Thousand Dollars ($5,000.00) and an Environmental Fee of Five Hundred Dollars ($500.00), an
Administration Fee of One Thousand Five Hundred Dollars ($1,500.00) (“Administration Fee”).
In addition, OWNER have paid CITY separately a deposit for the planning and legal costs
associated with the preparation and processing of the Development Agreement. The planning and
legal deposit (“Legal Expense Deposit”) shall be in the amount of Ten Thousand Dollars
($10,000.00). CITY acknowledges receipt of OWNER’s prior payment of the Development
Agreement Processing Fee, Administration Fee and Legal Expense Deposit. Should the planning
and legal costs associated with the preparation and processing of the Development Agreement
exceed OWNER’s Legal Expense Deposit, CITY reserves the right to require OWNER to pay an
additional deposit prior to recordation to cover the cost of such planning and legal services.
4.3 Other Fees. In addition to the Development Agreement Fee, Development
Agreement Processing Fee, Administration Fee, and Legal Expense Deposit(s), and other
obligations of OWNER contained in this Agreement, OWNER shall also be responsible for
payment of all Transportation Uniform Mitigation Fees (TUMF) and Multiple Species Habitat
Conservation Plan Fees (MSHCP). Further, OWNER additionally shall be responsible for
payment of all relevant fees for Community Facilities District (CFD), Assessment District (AD),
and Landscape, Lighting and Park District No. 2 (LLPD No. 2), as applicable to the Property.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate, CITY and OWNER will cooperate in the formation of any special
assessment district, community facilities district or alternate financing mechanism to pay for the
construction and/or maintenance and operation of public infrastructure facilities required as part
of the Development Plan. CITY also agrees that, to the extent any such district or other financing
entity is formed and sells bonds in order to finance such reimbursements, OWNER may be
reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of
public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that
nothing contained in this Agreement shall be construed as requiring CITY or the City Council to
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form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Development Director shall review this Agreement annually,
on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance
by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring
Report, in a form acceptable to the Development Director, within thirty (30) days after written
notice from the Development Director. The Annual Monitoring Report shall be accompanied by
an annual review and administration fee sufficient to defray the estimated costs of review and
administration of this Agreement during the succeeding year. The amount of the annual review
and administration fee shall be set annually by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of compliance with
this Agreement at any time. The Development Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be
required to demonstrate good faith compliance with the terms of this Agreement. The burden of
proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Development
Director shall submit a report to the City Council setting forth the evidence concerning good faith
compliance by OWNER with the terms of this Agreement and his or her recommended finding on
that issue.
(c) If the City Council finds on the basis of substantial evidence that OWNER
has complied in good faith with the terms and conditions of this Agreement, the review shall be
concluded.
(d) If the City Council makes a preliminary finding that OWNER has not
complied in good faith with the terms and conditions of this Agreement, the Council may modify
or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as
provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent
with, proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section
6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall
give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10)
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify
the Agreement; and
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(c) Such other information as is reasonably necessary to inform OWNER of the
nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing
on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall
be required to demonstrate good faith compliance with the terms and conditions of this Agreement.
The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon
substantial evidence, that OWNER has not complied in good faith with the terms or conditions of
the Agreement, the City Council may terminate this Agreement or modify this Agreement and
impose such conditions as are reasonably necessary to protect the interests of the CITY. The
decision of the City Council shall be final, subject only to judicial review pursuant to Section
1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special
review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by
OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that
after the most recent periodic or special review and based upon the information known or made
known to the Development Director and City Council that (1) this Agreement remains in effect
and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain
information necessary to communicate constructive record notice of the finding of compliance,
shall state whether the Certificate is issued after a periodic or special review and shall state the
anticipated date of commencement of the next periodic review. OWNER may record the
Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER,
CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special
review, but was concealed from or otherwise not known to the Development Director or City
Council.
6.7 Estoppel Certificates. A party may at any time deliver written notice to the other
party requesting an estoppel certificate (the “Estoppel Certificate”). A party receiving a request
for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty
(30) days after receipt of the request. The Planning Director or any person designated by the City
Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized
representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to
be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate from the
other, the requesting party shall reimburse the other party for all reasonable and direct costs and
fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall
address issues such as whether:
(a) The Agreement is in full force and effect and is a binding obligation of the
parties.
(b) The Agreement has been amended or modified either orally or in writing
and, if so amended, identifying the amendments.
(c) A default in the performance of the requesting party’s obligations under the
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17
Agreement exists and, if a default does exist, the nature and amount of any default.
Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or
OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default
existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise
not known to the preparing party.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for
the breach of any provision of this Agreement, except that CITY shall not be liable in damages to
OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER
covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises
out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed
or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
7.2 Specific Performance. The parties acknowledge that money damages and remedies
at law generally are inadequate and specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this Agreement and should be available
to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1
above.
(b) Due to the size, nature and scope of the project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this Agreement has
begun. After such implementation, OWNER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. OWNER has invested significant time and resources
and performed extensive planning and processing of the Project in agreeing to the terms of this
Agreement and will be investing even more significant time and resources in implementing the
Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum
of money which would adequately compensate OWNER for such efforts.
7.3 Release. Except for nondamage remedies, including the remedy of specific
performance and judicial review as provided for in Section 7.2, OWNER, for itself, its successors
and assignees, hereby releases the CITY, its officers, agents and employees from any and all
claims, demands, actions, or suits of any kind or nature arising out of any liability, known or
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18
unknown, present or future, including, but not limited to, any claim or liability, based or asserted,
pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United
States Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms
of this Agreement.
7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the
provisions contained in Subsection 7.5 herein, CITY may terminate or modify this Agreement for
any failure of OWNER to perform any material duty or obligation of OWNER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
“default”); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to OWNER of default setting forth the nature of the
default and the actions, if any, required by OWNER to cure such default and, where the default
can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60-day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
7.5 Termination of Agreement for Default of CITY. OWNER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of
the default and the actions, if any, required by CITY to cure such default and, where the default
can be cured, CITY has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60 day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent
with its Comprehensive General Plan (“General Plan”), and that the General Plan meets all
requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s
determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to
perform under this Agreement or the inability of OWNER to develop the Property as contemplated
by the Development Plan as the result of a judicial determination that on the Effective Date, or at
any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in
compliance with law.
8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its
expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and
employees from any claim, action or proceeding against CITY, its agents, officers, or employees
to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit
granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim,
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19
action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify
OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense,
OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY
may in its discretion participate in the defense of any such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify
and hold CITY, its officers, agents, employees and independent contractors free and harmless from
any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers,
agents, employees, subcontractors and independent contractors, for property damage, bodily
injury, or death (OWNER’s employees included) or any other element of damage of any kind or
nature, relating to or in any way connected with or arising from the activities contemplated
hereunder, including, but not limited to, the study, design, engineering, construction, completion,
failure and conveyance of the public improvements, save and except claims for damages arising
through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at
its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent
contractors in any legal action based upon such alleged acts or omissions. CITY may in its
discretion participate in the defense of any such legal action.
8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation of any federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property, including, but not limited to, soil and groundwater conditions, and OWNER
shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may in its discretion
participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY
reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise
engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2)
conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for
any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing
and accounting therefor.
8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive t he
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any
manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
financing with respect to the Property. CITY acknowledges that the lenders providing such
financing may require certain Agreement interpretations and modifications and agrees upon
request, from time to time, to meet with OWNER and representatives of such lenders to negotiate
in good faith any such request for interpretation or modification. CITY will not unreasonably
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20
withhold its consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this Agreement. Any
Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property,
or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of
any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of
any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or
duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants
of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent
that any covenant to be performed by OWNER is a condition precedent to the performance of a
covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s
performance hereunder, and further provided that any sale, transfer or assignment by any
Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the County Recorder by the City Clerk within the period required
by Section 65868.5 of the Government Code.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements which are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall
be admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
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21
therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions are determined to
be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be employed in
interpreting this Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the
Property is owned, in whole or in part, by more than one OWNER, all obligations of such
OWNERS under this Agreement shall be joint and several, and the default of any such OWNER
shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single
lot which has been finally subdivided and sold to such OWNER as a member of the general public
or otherwise as an ultimate user shall have any obligation under this Agreement except as provided
under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party’s right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and
other labor difficulties beyond the party’s control, (including the party’s employment force),
government regulations, court actions (such as restraining orders or injunctions), or other causes
beyond the party’s control. If any such events shall occur, the term of this Agreement and the time
for performance by either party of any of its obligations hereunder may be extended by the written
agreement of the parties for the period of time that such events prevented such performance,
provided that the term of this Agreement shall not be extended under any circumstances for more
than four (4) years.
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22
10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby
of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon
every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is
binding upon each party and each successor in interest during ownership of the Property or any
portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the County o f
Riverside, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and OWNER is that of a government entity
regulating the development of private property and the OWNER of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation
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23
of a natural person residing in the State of California, giving his or her name, residence and
business addresses, as its agent for the purpose of service of process in any court action arising out
of or based upon this Agreement, and the delivery to such agent of a copy of any process in any
such action shall constitute valid service upon OWNER. If for any reason service of such process
upon such agent is not feasible, then in such event OWNER may be personally served with such
process out of this County and such service shall constitute valid service upon OWNER. OWNER
is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives
any and all objections and protests thereto. OWNER for itself, assigns and successors hereby
waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial
and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by
this reference as if fully set forth herein.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf
of OWNER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants
and represents that he or she/they has/have the authority to bind OWNER to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement
on the last day and year set forth below.
SIGNATURES ON THE FOLLOWING PAGE(S)
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24
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT NO. 18-1
BY AND BETWEEN
CITY OF SAN JACINTO
AND
SRC, L.P.
AND
SJSA INVESTMENTS, LLC
OWNER
SRC, L.P.
By:
Mark E. Zimmerman
Its:
Dated: _______________
OWNER
SJSA INVESTMENTS, LLC
By:
Robert M. Evans
Its: Senior Vice President__________
Dated: _______________
CITY
CITY OF SAN JACINTO, a California
municipal corporation
By:
_____________, Mayor
Dated: _______________
ATTEST:
By:
Angela Walton, City Clerk
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25
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP,
City Attorney
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B-1
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Real property in the City of San Jacinto, County of Riverside, State of California, described as on
the following page:
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B-2
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B-3
EXHIBIT “B”
PROPERTY MAP
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C-1
EXHIBIT “C”
EXISTING DEVELOPMENT APPROVALS
CONIDITIONAL USE PERMIT 1-08;
PARCEL MAP 35888; AND
FINAL CONDITIONS OF APPROVAL DATED
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D-1
EXHIBIT “D”
EXISTING LAND USE REGULATIONS
City of San Jacinto General Plan
City of San Jacinto General Plan Map
City of San Jacinto Development Code
City of San Jacinto Zoning Map
City of San Jacinto Municipal Code
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February 19, 2019
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC
RECOMMENDATION:
Staff recommends that the City Council:
1. DETERMINE that the project was adequately analyzed in an earlier adopted
mitigated negative declaration for the Conditional Use Permit. Moreover, a
subsequent mitigated negative declaration is not required, because there are no
changed circumstances pursuant to Section 15162.
2. INTRODUCE Ordinance No. 19-06 for first reading, approving Development
Agreement No. 18-1 based upon the Planning Commission’s recommendation.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN JACINTO AND SRC, LP AND SJSA
INVESTMENTS, LLC.
3. AUTHORIZE the City Manager to execute a Development Agreement in
substantially the form attached hereto, subject to review by the City Attorney.
DISCUSSION:
On January 29, 2019, after conducting a public hearing, the Planning Commission unanimously
approved resolution 19-02 recommending that the City Council approve Development
Agreement 18-01.
Development Agreement 18-1 is a proposal to enter into a Development Agreement to extend
Conditional Use Permit 1-08 for a term of five-years in exchange for a Fee.
On August 7, 2008, the City Council approved Conditional Use Permit 1-08, along with
Tentative Parcel Map 35888. The CUP was valid for a period of two years, with two one-year
extensions granted. Subsequently, the City adopted three Resolutions providing automatic
extensions to Commercial Projects that had not been completed. The CUP was set to expire on
August 7, 2017.
Conditional Use Permit 1-08 is 16.2-acre community shopping center, consisting of two-phases
and approximately 138,991 square feet of commercial space located at the southwest corner of
Sanderson and Cottonwood Avenues. Phase I consists of a CVS Pharmacy and Shell Services
4.1
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City Council Staff Report - February 19, 2019
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Station, both of which are built, and one vacant pad space. Phase II is the remainder of the
center, which envisions two major retails, restaurants, and drive through restaurants and bank.
To prepare for and encourage new development in the coming years, staff is recommending that
the City enter into Development Agreements (similar to those executed for Tentative Tract
Maps) to provide an additional five-year extension for the Conditional Use Permit, with the
provision for one, two-year extension. The Development agreement will extend Conditional Use
Permit 1-08 for five years, to provide additional time to development project. The project, when
built, will provide additional retail opportunities for the City.
The Development Agreement would have a positive fiscal impact for the City with added retail
and services for area residents and a Development Agreement Fee paid to the City. The
Development Agreement Fee will be in the amount of $0.25 per gross building square foot, paid
at issuance of a Certificate of Occupancy, which will be deposited in the City’s General Fund
account. If a two-year extension is granted, the Development Agreement Fee will increase to
$0.40.
Development Agreement 18-1 has been prepared in accordance with the rules and regulations for
the review and processing of Development Agreement requests in the City. The proposed
development complies with the City’s General Plan.
Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto
is authorized to enter into Development Agreements with persons having legal or equitable
interests in real property for the development of such property.
ENVIRONMENTAL ANALYSIS:
The project was adequately analyzed in earlier an adopted mitigated negative declaration for the
Conditional Use Permit. Moreover, a subsequent mitigated negative declaration is not required,
because there are no changed circumstances pursuant to Section 15162.
FISCAL IMPACT:
The City’s General Fund will receive a DA Fee of approximately $30,000/$0.25 per gross
building square foot if built within the DA term. In addition, the City would see an increase in
retail sales tax.
ATTACHMENTS:
Ordinance 19-06
Development Agreement
Planning Commission Staff Report - 01-29-19
4.1
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City Council Staff Report - February 19, 2019
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Packet Pg. 124 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
STATE OF CALIFORNIA ) ORDINANCE NO. 19-06
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT
AGREEMENT NO. 18-1 BETWEEN THE CITY OF SAN
JACINTO AND SRC, LP AND SJSA INVESTMENTS, LLC
WHEREAS, pursuant to Section 65864, et seq., of the California
Government Code, the City of San Jacinto (“City”) is authorized to enter into development
agreements with persons having legal or equitable interests in real property for the
development of such property; and
WHEREAS, SRC, LP and SJSA Investments, LLC (“Owners”) are the
owners of properties entitled with CUP 1-08 with respect to the Development Agreement;
and
WHEREAS, City and Owner now seek to enter into Development
Agreement 18-1 attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement
generally consists of the vacant properties entitled under CUP 1-08, a 16.2-acre shopping
center (“Project”), located at the southwest corner of Sanderson and Cottonwood
Avenues and the purpose of Development Agreement is to extend the Conditional Use
Permit for a period of five years; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the
City’s requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, includes a
Development Agreement Fee to be paid by Owner to the City under the Development
Agreement; and
WHEREAS, the Development Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Property, ensure progressive
installation of necessary improvements, provide for public services appropriate to the
development of the Project, and generally serve the purposes for which development
agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, the project has been adequately analyzed in an earlier adopted
mitigated negative declaration and a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
4.1.a
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WHEREAS, on January 29, 2019, the Planning Commission of the City of
San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on
Development Agreement 18-1, at which time all persons wishing to testify in connection
with Development Agreement 18-1 were heard and Development Agreement 18-1 was
comprehensively reviewed; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance
with the recommendation of the Planning Commission for the City of San Jacinto (the
“Planning Commission”), the City Council has determined that it can be seen with
certainty that the approval of the Development Agreement is not likely to have any effect
on the environment, and therefore further review is not necessary under CEQA and the
CEQA Guidelines; and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted
a duly noticed public hearing concerning the Development Agreement, at which time all
persons wishing to do so had an opportunity to provide testimony regarding the
Development Agreement, and at which time the City Council thoroughly reviewed the
Development Agreement; and
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are
incorporated herein and made an operative part of this Ordinance as
though fully set forth herein.
Section 2. Findings. Based on the entire record before the City Council, all
written and oral evidence presented to the City Council, and the
findings set forth in this Ordinance, the City Council adopts this
Ordinance and approves Development Agreement 18-2 based upon
the following findings:
A. That the Development Agreement aids in the
continued and consistent implementation of the Conditional
Use Permit, provides a financial benefit to the City in the form
of the Development Agreement Fee (as that term is defined in
the Development Agreement), and is therefore in the best
interest of the City.
B. That Development Agreement 18-1 is
consistent with the City’s General Plan and will allow the
Owner to complete the Project in a manner which the City
Council previously found to be consistent with the City’s
General Plan, and as recommend by the Planning
Commission, the City Council finds continues to be consistent
therewith.
4.1.a
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C. That the Development Agreement 18-1 promotes the
public health, safety and welfare of the community because it will
permit and encourage the development of commercial retail uses in
accordance with the approved Conditional Use Permit and will allow
for the most efficient and logical development of the real property
governed by the Development Agreement in the City.
D. That the Project is covered under the Conditional Use
Permit, which provides for a range of commercial and retail
development, is therefore compatible with the uses authorized in,
and the regulations prescribed for, the zone in which the real property
subject to the Development Agreement is located, and will not
adversely affect the orderly development of property or the
preservation of property values.
E. The Development Agreement is consistent with the
following General Plan Land Use Element goals and policies, and
will further important and officially recognized City wide goals and
policies, by allowing the Owner to develop the Project under the
terms of the Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct
Growth – This Land Use Element encourages development
consistent with the zoning of the property and provides for
adequate levels of public services and facilities to be provided
for the new development.
F. That Development Agreement 18-1 will provide the
City with important, tangible benefits including the Development
Agreement Fee provided for in the Agreement, and development of
the Conditional Use Permit.
Section 3. Adoption of Development Agreement 18-1. Based on the entire
record before the City Council, all written and oral evidence
presented to the City Council, and the findings set forth in this
Ordinance, the City Council hereby adopts Development Agreement
18-1, as set forth in Exhibit “A”.
Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA
and in accordance with the recommendation of the Planning
Commission for the City of San Jacinto, the City Council has
determined that the Project has been adequately analyzed in an
earlier adopted mitigated negative declaration, and a subsequent
mitigated negative declaration is not required because there are no
changed circumstances pursuant to Section 15162. Further, it can
be seen with certainty that the approval of the Development
Agreement is not likely to have any effect on the environment, and
4.1.a
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therefore further review is not necessary under CEQA and the CEQA
Guidelines.
Section 5. Notice of Determination. Staff is directed to file a Notice of
Determination with the Riverside County Recorder’s Office within five
(5) working days of adoption of this Ordinance.
Section 6. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are
based are located at the City Clerk’s office located at 595 S. San
Jacinto Avenue, San Jacinto, CA 92583. The custodian for these
records is the City Clerk.
Section 7. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable. The
City Council hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion
thereof.
Section 8. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once
within 15 days of adoption in a newspaper of general circulation
printed and published within the City of San Jacinto, and shall post a
certified copy of this Ordinance, including the vote for and against
the same, in the Office of the City Clerk in accordance with
Government Code § 36933.
Introduced at a regular meeting of the City Council on the 19th day of February 2019.
4.1.a
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ORDINANCE NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 5th day of March 2019, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
_______________________
Russell Utz, Mayor
ATTEST:
_____________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
4.1.a
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CERTIFICATION
State of California )
County of Riverside) ss
City of San Jacinto)
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Ordinance No. 19-06 was introduced at a regular meeting
of the City Council of the City of San Jacinto on the 19th day of February 2019. Ordinance
No. 19-06 was passed, approved, and adopted by the City Council of the City of San
Jacinto, California, at a regular meeting of the City Council held on the 5th day of March
2019, by the following vote of at least four-fifths of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Witness my hand and seal the 5th day of March 2019.
_____________________________
Angela Walton, City Clerk
City of San Jacinto
4.1.a
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EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 18-2
BY AND BETWEEN THE CITY OF SAN JACINTO AND SRC, LP AND SJSA
INVESTMENTS, LLC
4.1.a
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Recorded at request of: )
Clerk, City Council )
City of San Jacinto )
)
When recorded return to: )
City of San Jacinto )
595 S. San Jacinto Ave. )
San Jacinto, CA 92583 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 18-1
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF SAN JACINTO
and
SRC, LP
A CALIFORNIA LIMITED PARTNERSHIP
and
SJSA INVESTMENTS, LLC,
A NEVADA LIMITED LIABILITY COMPANY
4.1.b
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DEVELOPMENT AGREEMENT NO. 18-1
This Development Agreement (hereinafter “Agreement”) is entered into by and among the
City of San Jacinto, a California municipal corporation (hereinafter “CITY”), and SRC, LP, a
California limited partnership and SJSA Investments, LLC, a Nevada limited liability company
(hereinafter “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of such property,
pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of certain governmental
and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review
by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and
welfare will be served by entering into this Agreement; and
WHEREAS, the environmental impacts of the Project and this Agreement, including the
Development Approvals, have previously been properly reviewed and assessed by CITY pursuant
to the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
(“CEQA”), California Code of Regulations Title 14, Section 15000 et seq. (the “CEQA
Guidelines”) and the CITY’s local CEQA guidelines; and
WHEREAS, on January 29, 2019, the City of San Jacinto Planning Commission conducted
a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do
so had an opportunity to provide testimony regarding this Agreement, and at which time the
Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the
City Council of the City of San Jacinto that the City Council approve and adopt this Agreement;
and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted a duly noticed
public hearing concerning this Agreement, at which time all persons wishing to do so had an
opportunity to provide testimony regarding this Agreement, and at which time the City Council
thoroughly reviewed this Agreement; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance with the
recommendation of the Planning Commission for the City of San Jacinto (the “Planning
Commission”), the City Council has determined that it can be seen with certainty that the approval
of this Agreement is not likely to have any effect on the environment, and therefore further review
4.1.b
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is not necessary under CEQA and the CEQA Guidelines; and
WHEREAS, on February 19, 2019, following the conclusion of the public hearing and
adoption of the Notice of Determination, the City Council conducted the first reading of the
ordinance approving and adopting this Agreement, and
WHEREAS on March 5, 2019, the City Council conducted a second reading (adoption) of
the ordinance approving and adopting this Agreement; and
WHEREAS, this Agreement and the Project are consistent with the CITY’s
Comprehensive General Plan and any Specific Plan applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Project, and generally serve the
purposes for which development agreements under Sections 65864 et seq. of the Government Code
are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to
assure development of the Property in accordance with this Agreement; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess
of the generally applicable requirements in order to assure vesting of legal rights to develop the
Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of San Jacinto, a municipal corporation, organized
and existing pursuant to the laws of the State of California.
4.1.b
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1.1.3 “City Council” means the duly elected and constituted city council of CITY.
1.1.4 “Dedication Requirement” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land
in order to lessen, offset, mitigate or compensate for the impacts of development on the
environment or other public interests.
1.1.5 “Development” means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property; the construction of buildings and structures; and
the installation of landscaping. “Development” does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.6 “Development Agreement Policies” means those certain development
agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002,
as amended.
1.1.7 “Development Approvals” means all permits and other entitlements for use,
subject to approval or issuance by CITY in connection with the Development, including, but not
limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans;
(d) zoning; and
(e) grading and building permits.
1.1.8 “Development Exaction” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land,
the construction of improvements or public facilities, or the payment of fees in order to lessen,
offset, mitigate or compensate for the impacts of development on the environment or other public
interests.
1.1.9 “Development Plan” means the Existing Development Approvals and the
Existing Land Use Regulations applicable to development of the Property.
1.1.10 “Effective Date” means the date the ordinance approving this Agreement
becomes effective.
1.1.11 “Existing Development Approvals” means all Development Approvals
approved or issued prior to the Effective Date. Existing Development Approvals includes the
4.1.b
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Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public
record on the Effective Date.
1.1.12 “Existing Land Use Regulations” means all Land Use Regulations in effect
on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein
as Exhibit “D” and all other Regulations which are a matter of public record on the Effective Date.
1.1.13 “Land Use Regulations” means all ordinances, resolutions, codes, rules,
regulations and official policies of CITY governing the development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement and construction standards
and specifications applicable to the development of the property. “Land Use Regulations” does
not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public property; and/or
(e) the exercise of the power of eminent domain.
1.1.14 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security-device lender, and their successors and assigns.
1.1.15 “OWNER” means the persons and entities listed as OWNER on page 1 of
this Agreement and its successor(s) in interest to all or any part of the Property.
1.1.16 “Planning Commission” means the duly appointed and constituted planning
commission of CITY.
1.1.17 “Project” means the development of the Property contemplated by the
Development Plan as such Development Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.18 “Property” means the real property described on Exhibit “A” and shown on
Exhibit “B” to this Agreement.
1.1.19 “Reservations of Authority” means the rights and authority excepted from
the assurances and rights provided to OWNER under this Agreement and reserved to CITY under
Section 3.6 of this Agreement.
1.1.20 “Subsequent Development Approvals” means all Development Approvals
required subsequent to the Effective Date in connection with the Development.
4.1.b
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1.1.21 “Subsequent Land Use Regulations” means any Land Use Regulations
adopted and effective after the Effective Date of this Agreement.
1.1.22 “CUP 1-08” means Conditional Use Permit 1-08, which is one of the
Existing Development Approvals and is described in Exhibit “C”.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
Exhibit “C” — Existing Development Approvals.
Exhibit “D” — Existing Land Use Regulations.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the OWNER
of the fee simple title to the Property or a portion thereof.
2.3 Term. The initial term of this Agreement shall commence on the Effective Date,
and shall continue for a period of five (5) years thereafter unless this term is modified or extended
pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this
Agreement may be extended one (1) time for an additional two (2) years following expiration of
the initial term, resulting in a total term of seven (7) years, provided the following have occurred:
(a) OWNER provides at least one hundred eighty (180) days’ written
notice to CITY prior to the expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.
The initial term and, if and upon extension, the two-year extended term, shall sometimes
be referred to herein collectively as the “Term.”
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm
or corporation at any time during the Term; provided, however, that any such sale, transfer or
assignment shall include the assignment and assumption of the rights, duties and obligations
arising under or from this Agreement and be made in strict compliance with the following
conditions precedent:
4.1.b
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(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer or assignment of all or a part
of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within
fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer
or assignment and shall provide CITY with an executed agreement, in a form reasonably
acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the
purchaser, transferee or assignee expressly and unconditionally assumes all the duties and
obligations of OWNER under this Agreement.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b)
of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser,
transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser,
transferee or assignee until and unless such agreement is executed. OWNER shall have the right
to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and
interest in and to a credit or reimbursement provided for in this Agreement; provided however,
that the existence and extent of any such reservation shall be expressly referred to in the written
agreement required by Section 2.4.1(b), above.
2.4.2 Release of Transferring OWNER. Notwithstanding any sale, transfer or
assignment, a transferring OWNER shall continue to be obligated under this Agreement unless
such transferring OWNER is given a release in writing by CITY, which release shall be provided
by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part
of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed
agreement required under Paragraph (b) of Subsection 2.4.1 above.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after
an initial sale, transfer or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section.
2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the
sale or lease (for a period longer than one year) of any lot which has been finally subdivided and
is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user.
Notwithstanding any other provisions of this Agreement, this Agreement shall automatically
terminate with respect to any such lot and such lot shall be released and no longer be subject to
this Agreement without the execution or recordation of any further document upon satisfaction of
both of the following conditions:
4.1.b
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(a) The lot has been finally subdivided and individually (and not in
“bulk”) sold or leased (for a period longer than one year) to a member of the public or other
ultimate user; and
(b) A certificate of occupancy has been issued for a building on the lot,
and the fees set forth under Section 4.2 of this Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868 and Article 5 of the Development Agreement Policies. This
provision shall not limit any remedy of CITY or OWNER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the
ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including issuance of all required occupancy permits and acceptance by CITY or applicable public
agency of all required dedications.
(e) Termination of this Agreement based on any default of OWNER and
following the termination proceedings required by Articles 7 and 8 of the Development Agreement
Policies.
Termination of this Agreement shall not constitute termination of any other land
use entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement. Upon such termination,
any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by
OWNER to CITY for residential units on which construction has not yet begun shall be refunded
to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permitted hereunder.
4.1.b
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(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records of the telegraph
company after transmission by telegraph to the recipient named below. All notices shall be
addressed as follows:
If to CITY:
City of San Jacinto
595 S. San Jacinto Ave.
San Jacinto, CA 92583
Attn: City Manager
Telephone: (951) 487-7342
Facsimile: (951) 654-3728
Copy to:
Best, Best & Krieger, LLP
300 South Grand Ave.
25th Floor
Los Angeles, CA 90071
Attn: City Attorney
Telephone: (213) 617-8100
Facsimile: (213) 617-7480
If to OWNER:
SRC, L.P.
Attn: Mark E. Zimmerman
18818 Teller Ave. Suite 100
Irvine, CA 92612
SJSA Investments, LLC
Attn. H&L Management, Inc.
250 Pilot Road, Suite 140
Las Vegas, NV 89119
(c) Either party may, by notice given at any time, require subsequent notices to
be given to another person or entity, whether a party or an officer or representative of a party, or
to a different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement, including the
Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance
with, and to the extent of, the Development Plan. The Project shall remain subject to all
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Subsequent Development Approvals required to complete the Project as contemplated by the
Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the
Property, the density and intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation and dedication of land for public purposes shall be those set forth in the
Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement, including the Reservations of Authority, the rules, regulations and
official policies governing permitted uses of the Property, the density and intensity of use of the
Property, the maximum height and size of proposed buildings, and the design, improvement and
construction standards and specifications applicable to development of the Property shall be the
Existing Land Use Regulations. In connection with any Subsequent Development Approval,
CITY shall exercise its discretion in accordance with the Development Plan, and as provided by
this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for
processing, review and action all applications for Subsequent Development Approvals, and such
applications shall be processed in the normal manner for processing such matters.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time
predict when or the rate at which phases of the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of OWNER, such as market orientation
and demand, interest rates, absorption, completion and other similar factors. Since the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that
the failure of the parties therein to provide for the timing of development resulted in a later adopted
initiative restricting the timing of development to prevail over such parties’ agreement, it is the
parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have
the right to develop the Property in such order and at such rate and at such times as OWNER deems
appropriate within the exercise of its subjective business judgment, subject only to any timing or
phasing requirements set forth in Section 3.4.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and
phasing requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require Subsequent Development Approvals and may demonstrate
that changes are appropriate and mutually desirable in the Existing Development Approvals. In
the event OWNER finds that a change in the Existing Development Approvals is necessary or
appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such
change and CITY shall process and act on such application in accordance with the Existing Land
Use Regulations, except as otherwise provided by this Agreement including the Reservations of
Authority. If approved, any such change in the Existing Development Approvals shall be
incorporated herein as an addendum to Exhibit “C”, and may be further changed from time to time
as provided in this Section. Unless otherwise required by law, as determined by the City Manager,
a change to the Existing Development Approvals shall be deemed “minor” and not require an
amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
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(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 of the Public Resources Code.
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by
CITY to cover the estimated actual costs to CITY of processing applications for Development
Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any other
matter of procedure.
(c) Regulations governing construction standards and specifications
including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code,
Electrical Code, Fire Code and Grading Code.
(d) Regulations imposing Dedication Requirements or Development
Exactions; provided, however, that no such subsequently adopted Dedication Requirements or
Development Exactions shall be applicable to development of the Property unless such Dedication
Requirements or Development Exactions are applied uniformly to development throughout the
CITY or within a defined area of benefit that includes the Property. No such subsequently adopted
Dedication Requirement or Development Exaction shall apply if its application to the Property
would physically prevent development of the Property for the uses and to the density or intensity
of development set forth in the Development Plan. In the event any such subsequently adopted
Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part,
as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such
subsequently adopted Dedication Requirement or Development Exaction for the fees paid under
Section 4.2 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations which may be in conflict with the Development Plan
but which are reasonably necessary to protect the public health and safety. To the extent possible,
any such regulations shall be applied and construed so as to provide OWNER with the rights and
assurances provided under this Agreement.
(f) Regulations which are not in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
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development of the Property shall be deemed to conflict with the Development Plan and shall
therefore not be applicable to the development of the Property.
(g) Regulations which are in conflict with the Development Plan
provided OWNER has given written consent to the application of such regulations to development
of the Property.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use
Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent
CITY from denying or conditionally approving any Subsequent Development Approval on the
basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict
with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State
or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or
preclude compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such State or
Federal laws or regulations, provided, however, that this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws
or regulations do not render such remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This
Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such
power and authority which cannot be restricted by contract.
3.7 Public Works. If OWNER is required by this Agreement to construct any public
works facilities which will be dedicated to CITY or any other public agency upon completion, and
if required by applicable laws to do so, OWNER shall perform such work in the same manner and
subject to the same requirements and standards as would be applicable to CITY or such other
public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is
required to construct any public improvement on land not owned by OWNER, OWNER shall at
its sole cost and expense provide, or cause to be provided, the real property interests necessary for
the construction of such public improvements. In the event OWNER is unable, after exercising
reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the
Civil Code, to acquire the real property interests necessary for the construction of such public
improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate
security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary
real property interests to allow OWNER to construct the public improvements as required by this
Agreement and, if necessary, in accordance with the procedures established by law, use its power
of eminent domain to acquire such required real property interests. OWNER shall pay all costs
associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by
the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public
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improvements on land not owned by OWNER, except to the extent that the OWNER elects to
proceed with the development of the Project, and then only in accordance with valid conditions
imposed by the CITY upon the Development under the Subdivision Map Act or other legal
authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
Development separately from or jointly with CITY and this Agreement does not limit the authority
of such other public agencies.
3.10 Conditional Use Permit 1-08 Extension. The term of CUP 1-08, development
projects, tentative parcel map(s) heretofore or hereafter approved in connection with the
Development shall expire upon the expiration or earlier termination of this Agreement. Said term
of such conditional use permit shall be the sole and exclusive term and shall be in lieu of any other
term or term extension provided for pursuant to the CITY resolution or ordinance.
3.11 Amendment(s) to Conditional Use Permit 1-08. Any amendment to the CUP,
heretofore or hereafter approved in connection with the Development, which is deemed “minor”
in accordance with Section 3.5 of this Agreement shall not require an amendment to this
Agreement. If and upon OWNER election to exercise the term extension authorized under Section
2.3 of this Agreement, during such two-year extended term, all conditions of approval for the CUP
identified under this Agreement shall be reviewed for changed circumstances and modifications
may be required. Subject to applicable provisions of the City’s Municipal Code.
3.12 Vesting Tentative Maps. Not Applicable.
3.13 Utilities. In accordance with Section 201(h) of the Development Agreement
Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer,
gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for
CITY-owned or operated utilities serving the Project for such prices and on such terms as may be
mutually agreed to between the parties.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that the Development will result in
substantial public needs which will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial private benefits on OWNER which
should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on OWNER by providing
more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Agreement Fee. In addition to the other obligations of OWNER
contained in this Agreement, the Project shall also be subject to a “Development Agreement Fee.”
The Development Agreement Fee shall be paid to CITY and shall cover the initial term of five (5)
years of this Agreement. The Development Agreement Fee shall be twenty-five cents (.25 cents)
per gross square foot of building area for the initial term of five (5) years of this Agreement. If
and upon OWNER election to exercise the term extension authorized under Section 2.3 of this
Agreement, the Development Agreement Fee shall increase to forty cents (.40 cents) per gross
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square foot of building area for the extended term of two (2) years of this Agreement. In addition,
during such two-year extended term, all conditions of approval for any tentative tract map
identified under this Agreement shall be reviewed for changed circumstances and modifications
may be required. The Development Agreement Fee shall not be used to offset any Development
Impact Fee(s). OWNER shall not be entitled to any credit against the Development Agreement
Fee resulting from OWNER’s provision of public improvements as required by the Development
Plan or this Agreement.
4.2.1 Time of Payment. The Development Agreement Fee required pursuant to
Section 4.2 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the
certificate of occupancy for each building. No fees shall be payable for building permits issued
prior to the Effective Date of this Agreement, but the Development Agreement Fee required
pursuant to Section 4.3 shall be paid prior to the re-issuance or extension of any building permit
for a building for which such Development Agreement Fee has not previously been paid.
4.2.2 Development Agreement Processing Fee and Deposit(s). In addition to the
Development Agreement Fee, OWNER has paid the CITY a one-time fee separately for processing
of the Development Agreement (“Development Agreement Processing Fee”) in the amount of Five
Thousand Dollars ($5,000.00) and an Environmental Fee of Five Hundred Dollars ($500.00), an
Administration Fee of One Thousand Five Hundred Dollars ($1,500.00) (“Administration Fee”).
In addition, OWNER have paid CITY separately a deposit for the planning and legal costs
associated with the preparation and processing of the Development Agreement. The planning and
legal deposit (“Legal Expense Deposit”) shall be in the amount of Ten Thousand Dollars
($10,000.00). CITY acknowledges receipt of OWNER’s prior payment of the Development
Agreement Processing Fee, Administration Fee and Legal Expense Deposit. Should the planning
and legal costs associated with the preparation and processing of the Development Agreement
exceed OWNER’s Legal Expense Deposit, CITY reserves the right to require OWNER to pay an
additional deposit prior to recordation to cover the cost of such planning and legal services.
4.3 Other Fees. In addition to the Development Agreement Fee, Development
Agreement Processing Fee, Administration Fee, and Legal Expense Deposit(s), and other
obligations of OWNER contained in this Agreement, OWNER shall also be responsible for
payment of all Transportation Uniform Mitigation Fees (TUMF) and Multiple Species Habitat
Conservation Plan Fees (MSHCP). Further, OWNER additionally shall be responsible for
payment of all relevant fees for Community Facilities District (CFD), Assessment District (AD),
and Landscape, Lighting and Park District No. 2 (LLPD No. 2), as applicable to the Property.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate, CITY and OWNER will cooperate in the formation of any special
assessment district, community facilities district or alternate financing mechanism to pay for the
construction and/or maintenance and operation of public infrastructure facilities required as part
of the Development Plan. CITY also agrees that, to the extent any such district or other financing
entity is formed and sells bonds in order to finance such reimbursements, OWNER may be
reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of
public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that
nothing contained in this Agreement shall be construed as requiring CITY or the City Council to
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form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Development Director shall review this Agreement annually,
on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance
by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring
Report, in a form acceptable to the Development Director, within thirty (30) days after written
notice from the Development Director. The Annual Monitoring Report shall be accompanied by
an annual review and administration fee sufficient to defray the estimated costs of review and
administration of this Agreement during the succeeding year. The amount of the annual review
and administration fee shall be set annually by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of compliance with
this Agreement at any time. The Development Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be
required to demonstrate good faith compliance with the terms of this Agreement. The burden of
proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Development
Director shall submit a report to the City Council setting forth the evidence concerning good faith
compliance by OWNER with the terms of this Agreement and his or her recommended finding on
that issue.
(c) If the City Council finds on the basis of substantial evidence that OWNER
has complied in good faith with the terms and conditions of this Agreement, the review shall be
concluded.
(d) If the City Council makes a preliminary finding that OWNER has not
complied in good faith with the terms and conditions of this Agreement, the Council may modify
or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as
provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent
with, proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section
6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall
give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10)
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify
the Agreement; and
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(c) Such other information as is reasonably necessary to inform OWNER of the
nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing
on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall
be required to demonstrate good faith compliance with the terms and conditions of this Agreement.
The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon
substantial evidence, that OWNER has not complied in good faith with the terms or conditions of
the Agreement, the City Council may terminate this Agreement or modify this Agreement and
impose such conditions as are reasonably necessary to protect the interests of the CITY. The
decision of the City Council shall be final, subject only to judicial review pursuant to Section
1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special
review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by
OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that
after the most recent periodic or special review and based upon the information known or made
known to the Development Director and City Council that (1) this Agreement remains in effect
and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain
information necessary to communicate constructive record notice of the finding of compliance,
shall state whether the Certificate is issued after a periodic or special review and shall state the
anticipated date of commencement of the next periodic review. OWNER may record the
Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER,
CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special
review, but was concealed from or otherwise not known to the Development Director or City
Council.
6.7 Estoppel Certificates. A party may at any time deliver written notice to the other
party requesting an estoppel certificate (the “Estoppel Certificate”). A party receiving a request
for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty
(30) days after receipt of the request. The Planning Director or any person designated by the City
Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized
representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to
be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate from the
other, the requesting party shall reimburse the other party for all reasonable and direct costs and
fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall
address issues such as whether:
(a) The Agreement is in full force and effect and is a binding obligation of the
parties.
(b) The Agreement has been amended or modified either orally or in writing
and, if so amended, identifying the amendments.
(c) A default in the performance of the requesting party’s obligations under the
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Agreement exists and, if a default does exist, the nature and amount of any default.
Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or
OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default
existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise
not known to the preparing party.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for
the breach of any provision of this Agreement, except that CITY shall not be liable in damages to
OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER
covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises
out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed
or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
7.2 Specific Performance. The parties acknowledge that money damages and remedies
at law generally are inadequate and specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this Agreement and should be available
to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1
above.
(b) Due to the size, nature and scope of the project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this Agreement has
begun. After such implementation, OWNER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. OWNER has invested significant time and resources
and performed extensive planning and processing of the Project in agreeing to the terms of this
Agreement and will be investing even more significant time and resources in implementing the
Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum
of money which would adequately compensate OWNER for such efforts.
7.3 Release. Except for nondamage remedies, including the remedy of specific
performance and judicial review as provided for in Section 7.2, OWNER, for itself, its successors
and assignees, hereby releases the CITY, its officers, agents and employees from any and all
claims, demands, actions, or suits of any kind or nature arising out of any liability, known or
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unknown, present or future, including, but not limited to, any claim or liability, based or asserted,
pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United
States Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms
of this Agreement.
7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the
provisions contained in Subsection 7.5 herein, CITY may terminate or modify this Agreement for
any failure of OWNER to perform any material duty or obligation of OWNER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
“default”); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to OWNER of default setting forth the nature of the
default and the actions, if any, required by OWNER to cure such default and, where the default
can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60-day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
7.5 Termination of Agreement for Default of CITY. OWNER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of
the default and the actions, if any, required by CITY to cure such default and, where the default
can be cured, CITY has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60 day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent
with its Comprehensive General Plan (“General Plan”), and that the General Plan meets all
requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s
determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to
perform under this Agreement or the inability of OWNER to develop the Property as contemplated
by the Development Plan as the result of a judicial determination that on the Effective Date, or at
any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in
compliance with law.
8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its
expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and
employees from any claim, action or proceeding against CITY, its agents, officers, or employees
to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit
granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim,
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action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify
OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense,
OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY
may in its discretion participate in the defense of any such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify
and hold CITY, its officers, agents, employees and independent contractors free and harmless from
any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers,
agents, employees, subcontractors and independent contractors, for property damage, bodily
injury, or death (OWNER’s employees included) or any other element of damage of any kind or
nature, relating to or in any way connected with or arising from the activities contemplated
hereunder, including, but not limited to, the study, design, engineering, construction, completion,
failure and conveyance of the public improvements, save and except claims for damages arising
through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at
its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent
contractors in any legal action based upon such alleged acts or omissions. CITY may in its
discretion participate in the defense of any such legal action.
8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation of any federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property, including, but not limited to, soil and groundwater conditions, and OWNER
shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may in its discretion
participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY
reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise
engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2)
conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for
any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing
and accounting therefor.
8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any
manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
financing with respect to the Property. CITY acknowledges that the lenders providing such
financing may require certain Agreement interpretations and modifications and agrees upon
request, from time to time, to meet with OWNER and representatives of such lenders to negotiate
in good faith any such request for interpretation or modification. CITY will not unreasonably
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withhold its consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this Agreement. Any
Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property,
or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of
any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of
any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or
duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants
of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent
that any covenant to be performed by OWNER is a condition precedent to the performance of a
covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s
performance hereunder, and further provided that any sale, transfer or assignment by any
Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the County Recorder by the City Clerk within the period required
by Section 65868.5 of the Government Code.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements which are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall
be admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
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therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions are determined to
be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be employed in
interpreting this Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the
Property is owned, in whole or in part, by more than one OWNER, all obligations of such
OWNERS under this Agreement shall be joint and several, and the default of any such OWNER
shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single
lot which has been finally subdivided and sold to such OWNER as a member of the general public
or otherwise as an ultimate user shall have any obligation under this Agreement except as provided
under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party’s right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and
other labor difficulties beyond the party’s control, (including the party’s employment force),
government regulations, court actions (such as restraining orders or injunctions), or other causes
beyond the party’s control. If any such events shall occur, the term of this Agreement and the time
for performance by either party of any of its obligations hereunder may be extended by the written
agreement of the parties for the period of time that such events prevented such performance,
provided that the term of this Agreement shall not be extended under any circumstances for more
than five (5) years.
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10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby
of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon
every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is
binding upon each party and each successor in interest during OWNERship of the Property or any
portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Riverside, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and OWNER is that of a government entity
regulating the development of private property and the OWNER of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation
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of a natural person residing in the State of California, giving his or her name, residence and
business addresses, as its agent for the purpose of service of process in any court action arising out
of or based upon this Agreement, and the delivery to such agent of a copy of any process in any
such action shall constitute valid service upon OWNER. If for any reason service of such process
upon such agent is not feasible, then in such event OWNER may be personally served with such
process out of this County and such service shall constitute valid service upon OWNER. OWNER
is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives
any and all objections and protests thereto. OWNER for itself, assigns and successors hereby
waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial
and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by
this reference as if fully set forth herein.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf
of OWNER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants
and represents that he or she/they has/have the authority to bind OWNER to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement
on the last day and year set forth below.
SIGNATURES ON THE FOLLOWING PAGE(S)
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SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT NO. 18-1
BY AND BETWEEN
CITY OF SAN JACINTO
AND
SRC, L.P.
AND
SJSA INVESTMENTS, LLC
OWNER
SRC, L.P.
By:
Mark E. Zimmerman
Its:
Dated: _______________
OWNER
SJSA INVESTMENTS, LLC
By:
Robert M. Evans
Its: Senior Vice President__________
Dated: _______________
CITY
CITY OF SAN JACINTO, a California
municipal corporation
By:
_____________, Mayor
Dated: _______________
ATTEST:
By:
Angela Walton, City Clerk
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APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP,
City Attorney
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B-1
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Real property in the City of San Jacinto, County of Riverside, State of California, described as on
the following page:
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EXHIBIT “B”
PROPERTY MAP
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C-1
EXHIBIT “C”
EXISTING DEVELOPMENT APPROVALS
x CONIDITIONAL USE PERMIT 1-08;
x PARCEL MAP 35888; AND
x FINAL CONDITIONS OF APPROVAL DATED
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EXHIBIT “D”
EXISTING LAND USE REGULATIONS
City of San Jacinto General Plan
City of San Jacinto General Plan Map
City of San Jacinto Development Code
City of San Jacinto Zoning Map
City of San Jacinto Municipal Code
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January 29, 2019
TO: Planning Commission
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC
RECOMMENDATION:
Staff recommends that the Planning Commission Adopt Resolution No. 19-02 recommending
that the City Council adopt an Ordinance approving Development Agreement No. 18-1.
PROJECT DESCRIPTION:
Development Agreement 18-1 is a proposal to enter into a Development Agreement to extend
Conditional Use Permit 1-08 for a term of five-years in exchange for a Fee.
BACKGROUND:
On August 7, 2008, the City Council approved Conditional Use Permit 1-08, along with
Tentative Parcel Map 35888. The CUP was valid for a period of two years, with two one-year
extensions granted. Subsequently, the City adopted three Resolutions providing automatic
extensions to Commercial Projects that had not been completed. The CUP was set to expire on
August 7, 2017.
Conditional Use Permit 1-08 is 16.2-acre community shopping center, consisting of two-phases
and approximately 138,991 square feet of commercial space located at the southwest corner of
Sanderson and Cottonwood Avenues. Phase I consists of a CVS Pharmacy and Shell Services
Station, both of which are built, and one vacant pad space. Phase II is the remainder of the
center, which envisions two major retails, restaurants, and drive through restaurants and bank.
4.2
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Conditional Use Permit Extensions
Due to The Great Recession, development of some commercial projects did not occur prior to
their expiration dates. To maintain entitlements beyond the allowed Development Code
extensions, the City approved three Resolutions to extend the life of projects, similar to the State
Bills for automatic extensions for Tentative Maps. It was the City’s hope that the extensions
would provide opportunities for commercial development. The following table outlines the
Resolutions that provided an automatic extension for CUP 1-08.
Resolution Expiration Date
Resolution 3374 August 7, 2013
Resolution 3496 August 7, 2015
Resolution 3626 August 7, 2017
Three automatic extensions provided a total of six additional years to the life of CUP 1-08. The
City of San Jacinto Municipal Code provided for two one-year extensions, of which all were
granted.
DISCUSSION/ANALYSIS
To prepare for and encourage new development in the coming years, staff is recommending that
the City enter into Development Agreements (similar to those executed for Tentative Tract
Maps) to provide an additional five-year extension for the Conditional Use Permit, with the
provision for one, two-year extension. The Development agreement will extend Conditional Use
Permit 1-08 for five years, to provide additional time to development project. The project, when
built, will provide additional retail opportunities for the City.
The Development Agreement would have a positive fiscal impact for the City with added retail
and services for area residents and a Development Agreement Fee paid to the City. The
Development Agreement Fee will be in the amount of $0.25 per gross building square foot, paid
at issuance of a Certificate of Occupancy, which will be deposited in the City’s General Fund
account. If a two-year extension is granted, the Development Agreement Fee will increase to
$0.40.
Development Agreement 18-1 has been prepared in accordance with the rules and regulations for
the review and processing of Development Agreement requests in the City. The proposed
development complies with the City’s General Plan.
Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto
is authorized to enter into Development Agreements with persons having legal or equitable
interests in real property for the development of such property.
4.2
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ENVIRONMENTAL ANALYSIS
The project was adequately analyzed in earlier an adopted mitigated negative declaration for the
Conditional Use Permit. Moreover, a subsequent mitigated negative declaration is not required,
because there are no changed circumstances pursuant to Section 15172.
FISCAL IMPACT
The City’s General Fund will receive a DA Fee of approximately $30,000/$0.25 per gross
building square foot if built within the DA term. In addition, the City would see an increase in
retail sales tax.
ATTACHMENTS:
01 Planning Commission Resolution 19-02
02 Ordinance 19-06
03 DA 18-1 Development Agreement
04 Aerial Map
05 General Plan Map
06 Zoning Map
07 CUP 1-08 Site Plan
4.2
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RESOLUTION NO. 19-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT DEVELOPMENT
AGREEMENT NO. 18-1 BETWEEN THE CITY OF SAN
JACINTO AND SRC, LP AND SJSA INVESTMENTS, LLC
WHEREAS, pursuant to Section 65864, et seq., of the California Government
Code, the City of San Jacinto (“City”) is authorized to enter into development agreements
with persons having legal or equitable interests in real property for the development of such
property; and
WHEREAS, SRC, LP and SJSA Investments, LLC (“Owners”) are the owners
of properties entitled with CUP 1-08 with respect to the Development Agreement; and
WHEREAS, City and Owner now seek to enter into Development Agreement
18- attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement generally
consists of the vacant properties entitled under CUP 1-08, a 16.2-acre shopping center
(“Project”), located at the southwest corner of Sanderson and Cottonwood Avenues; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the
City’s requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, extends CUP 1-08 for
a period of five years, includes a Development Agreement fee to be paid by Owner to the
City under the Development Agreement, and includes other provisions for the extension;
and
WHEREAS, the project has been adequately analyzed in an earlier adopted
mitigated negative declaration and a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
WHEREAS, on January 29, 2019 the Planning Commission of the City of San
Jacinto (“Planning Commission”) conducted a duly noticed public hearing on Development
Agreement 18-1 at which time all persons wishing to testify in connection with Development
Agreement 18-1 were heard and Development Agreement 18-1 was comprehensively
reviewed; and
4.2.a
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WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO
RESOLVES AS FOLLOWS:
SECTION 1. Based on the entire record before the Planning Commission, all
written and oral evidence presented to the Planning Commission, and the findings set forth
in this Resolution, the Planning Commission recommends that the City Council of the City
of San Jacinto approve by ordinance Development Agreement 18-1 as set forth in Exhibit
“A” attached hereto and incorporated herein by reference, based upon the following
findings:
A. That the Development Agreement, aids in the continued and
consistent implementation of the Conditional Use Permit, provides a financial benefit to the
City in the form of the Development Agreement Fee (as that term is defined in the
Development Agreement), and is therefore in the best interest of the City.
B. That the Development Agreement is consistent with the City’s General
Plan and will allow the Owner to complete the Project in a manner which the City Council
previously found to be consistent with the City’s General Plan, and which the Planning
Commission finds continues to be consistent therewith.
C. That the Development Agreement promotes the public health, safety
and welfare of the community because it will permit and encourage the development of
commercial retail uses in accordance with the approved Conditional Use Permit and will
allow for the most efficient and logical development of the real property governed by the
Development Agreement in the City.
D. That the Project is covered under the Conditional Use Permit, which
provides for a range of commercial development, is therefore compatible with the uses
authorized in, and the regulations prescribed for, the zone in which the real property
subject to the Development Agreement is located and will not adversely affect the orderly
development of property or the preservation of property values.
E. By providing extending the Conditional Use Permit for a period of five-
year term of the Development Agreement, it is consistent with the following General Plan
Land Use Element goals and policies, and will further important and officially recognized
City wide goals and policies, by allowing the Owner to develop the project under the terms
of the Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct Growth – This
Land Use Element encourages development consistent with the zoning of the property and
provides for adequate levels of public services and facilities to be provided for the new
development.
4.2.a
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F. That Development Agreement 18-1 will provide the City with important,
tangible benefits including the Development Agreement Fee provided for in the Agreement,
and development of the Conditional Use Permit.
SECTION 2. Based on the entire record before the Planning Commission, all
written and oral evidence presented to the Planning Commission, and the findings set forth
in this Resolution, the Planning Commission recommends that the City Council of the City
of San Jacinto adopt Development Agreement 18-1 as set forth in Exhibit “A”.
SECTION 3. The Planning Commission finds that the project has been
adequately analyzed in earlier adopted mitigated negative declarations and a subsequent
mitigated negative declaration is not required, because there are no changed
circumstances pursuant to Section 15162 of the California Environmental Quality Act.
SECTION 4. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED, this 29th day of January 2019.
________________________
Chairman
ATTEST:
__________________________________
Planning Commission Secretary
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Exhibit A
EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 18-1
BY AND BETWEEN
THE CITY OF SAN JACINTO AND SRC, LP AND SJSA INVESTMENTS, LLC
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STATE OF CALIFORNIA ) ORDINANCE NO. 19-06
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT
AGREEMENT NO. 18-1 BETWEEN THE CITY OF SAN
JACINTO AND SRC, LP AND SJSA INVESTMENTS, LLC
WHEREAS, pursuant to Section 65864, et seq., of the California
Government Code, the City of San Jacinto (“City”) is authorized to enter into development
agreements with persons having legal or equitable interests in real property for the
development of such property; and
WHEREAS, SRC, LP and SJSA Investments, LLC (“Owners”) are the
owners of properties entitled with CUP 1-08 with respect to the Development Agreement;
and
WHEREAS, City and Owner now seek to enter into Development
Agreement 18-1 attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement
generally consists of the vacant properties entitled under CUP 1-08, a 16.2-acre shopping
center (“Project”), located at the southwest corner of Sanderson and Cottonwood
Avenues and the purpose of Development Agreement is to extend the Conditional Use
Permit for a period of five years; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the
City’s requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, includes a
Development Agreement Fee to be paid by Owner to the City under the Development
Agreement; and
WHEREAS, the Development Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Property, ensure progressive
installation of necessary improvements, provide for public services appropriate to the
development of the Project, and generally serve the purposes for which development
agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, the project has been adequately analyzed in an earlier adopted
mitigated negative declaration and a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
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WHEREAS, on January 29, 2019, the Planning Commission of the City of
San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on
Development Agreement 18-1, at which time all persons wishing to testify in connection
with Development Agreement 18-1 were heard and Development Agreement 18-1 was
comprehensively reviewed; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance
with the recommendation of the Planning Commission for the City of San Jacinto (the
“Planning Commission”), the City Council has determined that it can be seen with
certainty that the approval of the Development Agreement is not likely to have any effect
on the environment, and therefore further review is not necessary under CEQA and the
CEQA Guidelines; and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted
a duly noticed public hearing concerning the Development Agreement, at which time all
persons wishing to do so had an opportunity to provide testimony regarding the
Development Agreement, and at which time the City Council thoroughly reviewed the
Development Agreement; and
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are
incorporated herein and made an operative part of this Ordinance as
though fully set forth herein.
Section 2. Findings. Based on the entire record before the City Council, all
written and oral evidence presented to the City Council, and the
findings set forth in this Ordinance, the City Council adopts this
Ordinance and approves Development Agreement 18-2 based upon
the following findings:
A. That the Development Agreement aids in the
continued and consistent implementation of the Conditional
Use Permit, provides a financial benefit to the City in the form
of the Development Agreement Fee (as that term is defined in
the Development Agreement), and is therefore in the best
interest of the City.
B. That Development Agreement 18-1 is
consistent with the City’s General Plan and will allow the
Owner to complete the Project in a manner which the City
Council previously found to be consistent with the City’s
General Plan, and as recommend by the Planning
Commission, the City Council finds continues to be consistent
therewith.
4.2.b
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C. That the Development Agreement 18-1 promotes the
public health, safety and welfare of the community because it will
permit and encourage the development of commercial retail uses in
accordance with the approved Conditional Use Permit and will allow
for the most efficient and logical development of the real property
governed by the Development Agreement in the City.
D. That the Project is covered under the Conditional Use
Permit, which provides for a range of commercial and retail
development, is therefore compatible with the uses authorized in,
and the regulations prescribed for, the zone in which the real property
subject to the Development Agreement is located, and will not
adversely affect the orderly development of property or the
preservation of property values.
E. The Development Agreement is consistent with the
following General Plan Land Use Element goals and policies, and
will further important and officially recognized City wide goals and
policies, by allowing the Owner to develop the Project under the
terms of the Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct
Growth – This Land Use Element encourages development
consistent with the zoning of the property and provides for
adequate levels of public services and facilities to be provided
for the new development.
F. That Development Agreement 18-1 will provide the
City with important, tangible benefits including the Development
Agreement Fee provided for in the Agreement, and development of
the Conditional Use Permit.
Section 3. Adoption of Development Agreement 18-1. Based on the entire
record before the City Council, all written and oral evidence
presented to the City Council, and the findings set forth in this
Ordinance, the City Council hereby adopts Development Agreement
18-1, as set forth in Exhibit “A”.
Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA
and in accordance with the recommendation of the Planning
Commission for the City of San Jacinto, the City Council has
determined that the Project has been adequately analyzed in an
earlier adopted mitigated negative declaration, and a subsequent
mitigated negative declaration is not required because there are no
changed circumstances pursuant to Section 15162. Further, it can
be seen with certainty that the approval of the Development
Agreement is not likely to have any effect on the environment, and
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therefore further review is not necessary under CEQA and the CEQA
Guidelines.
Section 5. Notice of Determination. Staff is directed to file a Notice of
Determination with the Riverside County Recorder’s Office within five
(5) working days of adoption of this Ordinance.
Section 6. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are
based are located at the City Clerk’s office located at 595 S. San
Jacinto Avenue, San Jacinto, CA 92583. The custodian for these
records is the City Clerk.
Section 7. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable. The
City Council hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion
thereof.
Section 8. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once
within 15 days of adoption in a newspaper of general circulation
printed and published within the City of San Jacinto, and shall post a
certified copy of this Ordinance, including the vote for and against
the same, in the Office of the City Clerk in accordance with
Government Code § 36933.
Introduced at a regular meeting of the City Council on the 19th day of February 2019.
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ORDINANCE NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 5th day of March 2019, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
_______________________
Russell Utz, Mayor
ATTEST:
_____________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
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CERTIFICATION
State of California )
County of Riverside) ss
City of San Jacinto)
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Ordinance No. 19-06 was introduced at a regular meeting
of the City Council of the City of San Jacinto on the 19th day of February 2019. Ordinance
No. 19-06 was passed, approved, and adopted by the City Council of the City of San
Jacinto, California, at a regular meeting of the City Council held on the 5th day of March
2019, by the following vote of at least four-fifths of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Witness my hand and seal the 5th day of March 2019.
_____________________________
Angela Walton, City Clerk
City of San Jacinto
4.2.b
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EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 18-2
BY AND BETWEEN THE CITY OF SAN JACINTO AND SRC, LP AND SJSA
INVESTMENTS, LLC
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Recorded at request of: )
Clerk, City Council )
City of San Jacinto )
)
When recorded return to: )
City of San Jacinto )
595 S. San Jacinto Ave. )
San Jacinto, CA 92583 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 18-1
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF SAN JACINTO
and
SRC, LP
A CALIFORNIA LIMITED PARTNERSHIP
and
SJSA INVESTMENTS, LLC,
A NEVADA LIMITED LIABILITY COMPANY
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DEVELOPMENT AGREEMENT NO. 18-1
This Development Agreement (hereinafter “Agreement”) is entered into by and among the
City of San Jacinto, a California municipal corporation (hereinafter “CITY”), and SRC, LP, a
California limited partnership and SJSA Investments, LLC, a Nevada limited liability company
(hereinafter “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of such property,
pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of certain governmental
and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review
by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and
welfare will be served by entering into this Agreement; and
WHEREAS, the environmental impacts of the Project and this Agreement, including the
Development Approvals, have previously been properly reviewed and assessed by CITY pursuant
to the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
(“CEQA”), California Code of Regulations Title 14, Section 15000 et seq. (the “CEQA
Guidelines”) and the CITY’s local CEQA guidelines; and
WHEREAS, on January 29, 2019, the City of San Jacinto Planning Commission conducted
a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do
so had an opportunity to provide testimony regarding this Agreement, and at which time the
Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the
City Council of the City of San Jacinto that the City Council approve and adopt this Agreement;
and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted a duly noticed
public hearing concerning this Agreement, at which time all persons wishing to do so had an
opportunity to provide testimony regarding this Agreement, and at which time the City Council
thoroughly reviewed this Agreement; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance with the
recommendation of the Planning Commission for the City of San Jacinto (the “Planning
Commission”), the City Council has determined that it can be seen with certainty that the approval
of this Agreement is not likely to have any effect on the environment, and therefore further review
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is not necessary under CEQA and the CEQA Guidelines; and
WHEREAS, on February 19, 2019, following the conclusion of the public hearing and
adoption of the Notice of Determination, the City Council conducted the first reading of the
ordinance approving and adopting this Agreement, and
WHEREAS on March 5, 2019, the City Council conducted a second reading (adoption) of
the ordinance approving and adopting this Agreement; and
WHEREAS, this Agreement and the Project are consistent with the CITY’s
Comprehensive General Plan and any Specific Plan applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Project, and generally serve the
purposes for which development agreements under Sections 65864 et seq. of the Government Code
are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to
assure development of the Property in accordance with this Agreement; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess
of the generally applicable requirements in order to assure vesting of legal rights to develop the
Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of San Jacinto, a municipal corporation, organized
and existing pursuant to the laws of the State of California.
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1.1.3 “City Council” means the duly elected and constituted city council of CITY.
1.1.4 “Dedication Requirement” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land
in order to lessen, offset, mitigate or compensate for the impacts of development on the
environment or other public interests.
1.1.5 “Development” means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property; the construction of buildings and structures; and
the installation of landscaping. “Development” does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.6 “Development Agreement Policies” means those certain development
agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002,
as amended.
1.1.7 “Development Approvals” means all permits and other entitlements for use,
subject to approval or issuance by CITY in connection with the Development, including, but not
limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans;
(d) zoning; and
(e) grading and building permits.
1.1.8 “Development Exaction” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land,
the construction of improvements or public facilities, or the payment of fees in order to lessen,
offset, mitigate or compensate for the impacts of development on the environment or other public
interests.
1.1.9 “Development Plan” means the Existing Development Approvals and the
Existing Land Use Regulations applicable to development of the Property.
1.1.10 “Effective Date” means the date the ordinance approving this Agreement
becomes effective.
1.1.11 “Existing Development Approvals” means all Development Approvals
approved or issued prior to the Effective Date. Existing Development Approvals includes the
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Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public
record on the Effective Date.
1.1.12 “Existing Land Use Regulations” means all Land Use Regulations in effect
on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein
as Exhibit “D” and all other Regulations which are a matter of public record on the Effective Date.
1.1.13 “Land Use Regulations” means all ordinances, resolutions, codes, rules,
regulations and official policies of CITY governing the development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement and construction standards
and specifications applicable to the development of the property. “Land Use Regulations” does
not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public property; and/or
(e) the exercise of the power of eminent domain.
1.1.14 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security-device lender, and their successors and assigns.
1.1.15 “OWNER” means the persons and entities listed as OWNER on page 1 of
this Agreement and its successor(s) in interest to all or any part of the Property.
1.1.16 “Planning Commission” means the duly appointed and constituted planning
commission of CITY.
1.1.17 “Project” means the development of the Property contemplated by the
Development Plan as such Development Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.18 “Property” means the real property described on Exhibit “A” and shown on
Exhibit “B” to this Agreement.
1.1.19 “Reservations of Authority” means the rights and authority excepted from
the assurances and rights provided to OWNER under this Agreement and reserved to CITY under
Section 3.6 of this Agreement.
1.1.20 “Subsequent Development Approvals” means all Development Approvals
required subsequent to the Effective Date in connection with the Development.
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1.1.21 “Subsequent Land Use Regulations” means any Land Use Regulations
adopted and effective after the Effective Date of this Agreement.
1.1.22 “CUP 1-08” means Conditional Use Permit 1-08, which is one of the
Existing Development Approvals and is described in Exhibit “C”.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
Exhibit “C” — Existing Development Approvals.
Exhibit “D” — Existing Land Use Regulations.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the OWNER
of the fee simple title to the Property or a portion thereof.
2.3 Term. The initial term of this Agreement shall commence on the Effective Date,
and shall continue for a period of five (5) years thereafter unless this term is modified or extended
pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this
Agreement may be extended one (1) time for an additional two (2) years following expiration of
the initial term, resulting in a total term of seven (7) years, provided the following have occurred:
(a) OWNER provides at least one hundred eighty (180) days’ written
notice to CITY prior to the expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.
The initial term and, if and upon extension, the two-year extended term, shall sometimes
be referred to herein collectively as the “Term.”
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm
or corporation at any time during the Term; provided, however, that any such sale, transfer or
assignment shall include the assignment and assumption of the rights, duties and obligations
arising under or from this Agreement and be made in strict compliance with the following
conditions precedent:
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(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer or assignment of all or a part
of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within
fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer
or assignment and shall provide CITY with an executed agreement, in a form reasonably
acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the
purchaser, transferee or assignee expressly and unconditionally assumes all the duties and
obligations of OWNER under this Agreement.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b)
of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser,
transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser,
transferee or assignee until and unless such agreement is executed. OWNER shall have the right
to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and
interest in and to a credit or reimbursement provided for in this Agreement; provided however,
that the existence and extent of any such reservation shall be expressly referred to in the written
agreement required by Section 2.4.1(b), above.
2.4.2 Release of Transferring OWNER. Notwithstanding any sale, transfer or
assignment, a transferring OWNER shall continue to be obligated under this Agreement unless
such transferring OWNER is given a release in writing by CITY, which release shall be provided
by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part
of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed
agreement required under Paragraph (b) of Subsection 2.4.1 above.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after
an initial sale, transfer or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section.
2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the
sale or lease (for a period longer than one year) of any lot which has been finally subdivided and
is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user.
Notwithstanding any other provisions of this Agreement, this Agreement shall automatically
terminate with respect to any such lot and such lot shall be released and no longer be subject to
this Agreement without the execution or recordation of any further document upon satisfaction of
both of the following conditions:
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(a) The lot has been finally subdivided and individually (and not in
“bulk”) sold or leased (for a period longer than one year) to a member of the public or other
ultimate user; and
(b) A certificate of occupancy has been issued for a building on the lot,
and the fees set forth under Section 4.2 of this Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868 and Article 5 of the Development Agreement Policies. This
provision shall not limit any remedy of CITY or OWNER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the
ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including issuance of all required occupancy permits and acceptance by CITY or applicable public
agency of all required dedications.
(e) Termination of this Agreement based on any default of OWNER and
following the termination proceedings required by Articles 7 and 8 of the Development Agreement
Policies.
Termination of this Agreement shall not constitute termination of any other land
use entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement. Upon such termination,
any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by
OWNER to CITY for residential units on which construction has not yet begun shall be refunded
to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permitted hereunder.
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(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records of the telegraph
company after transmission by telegraph to the recipient named below. All notices shall be
addressed as follows:
If to CITY:
City of San Jacinto
595 S. San Jacinto Ave.
San Jacinto, CA 92583
Attn: City Manager
Telephone: (951) 487-7342
Facsimile: (951) 654-3728
Copy to:
Best, Best & Krieger, LLP
300 South Grand Ave.
25th Floor
Los Angeles, CA 90071
Attn: City Attorney
Telephone: (213) 617-8100
Facsimile: (213) 617-7480
If to OWNER:
SRC, L.P.
Attn: Mark E. Zimmerman
18818 Teller Ave. Suite 100
Irvine, CA 92612
SJSA Investments, LLC
Attn. H&L Management, Inc.
250 Pilot Road, Suite 140
Las Vegas, NV 89119
(c) Either party may, by notice given at any time, require subsequent notices to
be given to another person or entity, whether a party or an officer or representative of a party, or
to a different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement, including the
Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance
with, and to the extent of, the Development Plan. The Project shall remain subject to all
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Subsequent Development Approvals required to complete the Project as contemplated by the
Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the
Property, the density and intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation and dedication of land for public purposes shall be those set forth in the
Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement, including the Reservations of Authority, the rules, regulations and
official policies governing permitted uses of the Property, the density and intensity of use of the
Property, the maximum height and size of proposed buildings, and the design, improvement and
construction standards and specifications applicable to development of the Property shall be the
Existing Land Use Regulations. In connection with any Subsequent Development Approval,
CITY shall exercise its discretion in accordance with the Development Plan, and as provided by
this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for
processing, review and action all applications for Subsequent Development Approvals, and such
applications shall be processed in the normal manner for processing such matters.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time
predict when or the rate at which phases of the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of OWNER, such as market orientation
and demand, interest rates, absorption, completion and other similar factors. Since the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that
the failure of the parties therein to provide for the timing of development resulted in a later adopted
initiative restricting the timing of development to prevail over such parties’ agreement, it is the
parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have
the right to develop the Property in such order and at such rate and at such times as OWNER deems
appropriate within the exercise of its subjective business judgment, subject only to any timing or
phasing requirements set forth in Section 3.4.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and
phasing requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require Subsequent Development Approvals and may demonstrate
that changes are appropriate and mutually desirable in the Existing Development Approvals. In
the event OWNER finds that a change in the Existing Development Approvals is necessary or
appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such
change and CITY shall process and act on such application in accordance with the Existing Land
Use Regulations, except as otherwise provided by this Agreement including the Reservations of
Authority. If approved, any such change in the Existing Development Approvals shall be
incorporated herein as an addendum to Exhibit “C”, and may be further changed from time to time
as provided in this Section. Unless otherwise required by law, as determined by the City Manager,
a change to the Existing Development Approvals shall be deemed “minor” and not require an
amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
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(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 of the Public Resources Code.
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by
CITY to cover the estimated actual costs to CITY of processing applications for Development
Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any other
matter of procedure.
(c) Regulations governing construction standards and specifications
including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code,
Electrical Code, Fire Code and Grading Code.
(d) Regulations imposing Dedication Requirements or Development
Exactions; provided, however, that no such subsequently adopted Dedication Requirements or
Development Exactions shall be applicable to development of the Property unless such Dedication
Requirements or Development Exactions are applied uniformly to development throughout the
CITY or within a defined area of benefit that includes the Property. No such subsequently adopted
Dedication Requirement or Development Exaction shall apply if its application to the Property
would physically prevent development of the Property for the uses and to the density or intensity
of development set forth in the Development Plan. In the event any such subsequently adopted
Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part,
as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such
subsequently adopted Dedication Requirement or Development Exaction for the fees paid under
Section 4.2 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations which may be in conflict with the Development Plan
but which are reasonably necessary to protect the public health and safety. To the extent possible,
any such regulations shall be applied and construed so as to provide OWNER with the rights and
assurances provided under this Agreement.
(f) Regulations which are not in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
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development of the Property shall be deemed to conflict with the Development Plan and shall
therefore not be applicable to the development of the Property.
(g) Regulations which are in conflict with the Development Plan
provided OWNER has given written consent to the application of such regulations to development
of the Property.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use
Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent
CITY from denying or conditionally approving any Subsequent Development Approval on the
basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict
with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State
or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or
preclude compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such State or
Federal laws or regulations, provided, however, that this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws
or regulations do not render such remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This
Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such
power and authority which cannot be restricted by contract.
3.7 Public Works. If OWNER is required by this Agreement to construct any public
works facilities which will be dedicated to CITY or any other public agency upon completion, and
if required by applicable laws to do so, OWNER shall perform such work in the same manner and
subject to the same requirements and standards as would be applicable to CITY or such other
public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is
required to construct any public improvement on land not owned by OWNER, OWNER shall at
its sole cost and expense provide, or cause to be provided, the real property interests necessary for
the construction of such public improvements. In the event OWNER is unable, after exercising
reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the
Civil Code, to acquire the real property interests necessary for the construction of such public
improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate
security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary
real property interests to allow OWNER to construct the public improvements as required by this
Agreement and, if necessary, in accordance with the procedures established by law, use its power
of eminent domain to acquire such required real property interests. OWNER shall pay all costs
associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by
the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public
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improvements on land not owned by OWNER, except to the extent that the OWNER elects to
proceed with the development of the Project, and then only in accordance with valid conditions
imposed by the CITY upon the Development under the Subdivision Map Act or other legal
authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
Development separately from or jointly with CITY and this Agreement does not limit the authority
of such other public agencies.
3.10 Conditional Use Permit 1-08 Extension. The term of CUP 1-08, development
projects, tentative parcel map(s) heretofore or hereafter approved in connection with the
Development shall expire upon the expiration or earlier termination of this Agreement. Said term
of such conditional use permit shall be the sole and exclusive term and shall be in lieu of any other
term or term extension provided for pursuant to the CITY resolution or ordinance.
3.11 Amendment(s) to Conditional Use Permit 1-08. Any amendment to the CUP,
heretofore or hereafter approved in connection with the Development, which is deem ed “minor”
in accordance with Section 3.5 of this Agreement shall not require an amendment to this
Agreement. If and upon OWNER election to exercise the term extension authorized under Section
2.3 of this Agreement, during such two-year extended term, all conditions of approval for the CUP
identified under this Agreement shall be reviewed for changed circumstances and modifications
may be required. Subject to applicable provisions of the City’s Municipal Code.
3.12 Vesting Tentative Maps. Not Applicable.
3.13 Utilities. In accordance with Section 201(h) of the Development Agreement
Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer,
gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for
CITY-owned or operated utilities serving the Project for such prices and on such terms as may be
mutually agreed to between the parties.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that the Development will result in
substantial public needs which will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial private benefits on OWNER which
should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on OWNER by providing
more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Agreement Fee. In addition to the other obligations of OWNER
contained in this Agreement, the Project shall also be subject to a “Development Agreement Fee.”
The Development Agreement Fee shall be paid to CITY and shall cover the initial term of five (5)
years of this Agreement. The Development Agreement Fee shall be twenty-five cents (.25 cents)
per gross square foot of building area for the initial term of five (5) years of this Agreement. If
and upon OWNER election to exercise the term extension authorized under Section 2.3 of this
Agreement, the Development Agreement Fee shall increase to forty cents (.40 cents) per gross
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square foot of building area for the extended term of two (2) years of this Agreement. In addition,
during such two-year extended term, all conditions of approval for any tentative tract map
identified under this Agreement shall be reviewed for changed circumstances and modifications
may be required. The Development Agreement Fee shall not be used to offset any Development
Impact Fee(s). OWNER shall not be entitled to any credit against the Development Agreement
Fee resulting from OWNER’s provision of public improvements as required by the Development
Plan or this Agreement.
4.2.1 Time of Payment. The Development Agreement Fee required pursuant to
Section 4.2 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the
certificate of occupancy for each building. No fees shall be payable for building permits issued
prior to the Effective Date of this Agreement, but the Development Agreement Fee required
pursuant to Section 4.3 shall be paid prior to the re-issuance or extension of any building permit
for a building for which such Development Agreement Fee has not previously been paid.
4.2.2 Development Agreement Processing Fee and Deposit(s). In addition to the
Development Agreement Fee, OWNER has paid the CITY a one-time fee separately for processing
of the Development Agreement (“Development Agreement Processing Fee”) in the amount of Five
Thousand Dollars ($5,000.00) and an Environmental Fee of Five Hundred Dollars ($500.00), an
Administration Fee of One Thousand Five Hundred Dollars ($1,500.00) (“Administration Fee”).
In addition, OWNER have paid CITY separately a deposit for the planning and legal costs
associated with the preparation and processing of the Development Agreement. The planning and
legal deposit (“Legal Expense Deposit”) shall be in the amount of Ten Thousand Dollars
($10,000.00). CITY acknowledges receipt of OWNER’s prior payment of the Development
Agreement Processing Fee, Administration Fee and Legal Expense Deposit. Should the planning
and legal costs associated with the preparation and processing of the Development Agreement
exceed OWNER’s Legal Expense Deposit, CITY reserves the right to require OWNER to pay an
additional deposit prior to recordation to cover the cost of such planning and legal services.
4.3 Other Fees. In addition to the Development Agreement Fee, Development
Agreement Processing Fee, Administration Fee, and Legal Expense Deposit(s), and other
obligations of OWNER contained in this Agreement, OWNER shall also be responsible for
payment of all Transportation Uniform Mitigation Fees (TUMF) and Multiple Species Habitat
Conservation Plan Fees (MSHCP). Further, OWNER additionally shall be responsible for
payment of all relevant fees for Community Facilities District (CFD), Assessment District (AD),
and Landscape, Lighting and Park District No. 2 (LLPD No. 2), as applicable to the Property.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate, CITY and OWNER will cooperate in the formation of any special
assessment district, community facilities district or alternate financing mechanism to pay for the
construction and/or maintenance and operation of public infrastructure facilities required as part
of the Development Plan. CITY also agrees that, to the extent any such district or other financing
entity is formed and sells bonds in order to finance such reimbursements, OWNER may be
reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of
public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that
nothing contained in this Agreement shall be construed as requiring CITY or the City Council to
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form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Development Director shall review this Agreement annually,
on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance
by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring
Report, in a form acceptable to the Development Director, within thirty (30) days after written
notice from the Development Director. The Annual Monitoring Report shall be accompanied by
an annual review and administration fee sufficient to defray the estimated costs of review and
administration of this Agreement during the succeeding year. The amount of the annual review
and administration fee shall be set annually by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of compliance with
this Agreement at any time. The Development Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be
required to demonstrate good faith compliance with the terms of this Agreement. The burden of
proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Development
Director shall submit a report to the City Council setting forth the evidence concerning good faith
compliance by OWNER with the terms of this Agreement and his or her recommended finding on
that issue.
(c) If the City Council finds on the basis of substantial evidence that OWNER
has complied in good faith with the terms and conditions of this Agreement, the review shall be
concluded.
(d) If the City Council makes a preliminary finding that OWNER has not
complied in good faith with the terms and conditions of this Agreement, the Council may modify
or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as
provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent
with, proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section
6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall
give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10)
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify
the Agreement; and
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(c) Such other information as is reasonably necessary to inform OWNER of the
nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing
on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall
be required to demonstrate good faith compliance with the terms and conditions of this Agreement.
The burden of proof on this issue shall be on OWNER. If the Cit y Council finds, based upon
substantial evidence, that OWNER has not complied in good faith with the terms or conditions of
the Agreement, the City Council may terminate this Agreement or modify this Agreement and
impose such conditions as are reasonably necessary to protect the interests of the CITY. The
decision of the City Council shall be final, subject only to judicial review pursuant to Section
1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special
review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by
OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that
after the most recent periodic or special review and based upon the information known or made
known to the Development Director and City Council that (1) this Agreement remains in effect
and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain
information necessary to communicate constructive record notice of the finding of compliance,
shall state whether the Certificate is issued after a periodic or special review and shall state the
anticipated date of commencement of the next periodic review. OWNER may record the
Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER,
CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special
review, but was concealed from or otherwise not known to the Development Director or City
Council.
6.7 Estoppel Certificates. A party may at any time deliver written notice to the other
party requesting an estoppel certificate (the “Estoppel Certificate”). A party receiving a request
for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty
(30) days after receipt of the request. The Planning Director or any person designated by the City
Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized
representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to
be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate from the
other, the requesting party shall reimburse the other party for all reasonable and direct costs and
fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall
address issues such as whether:
(a) The Agreement is in full force and effect and is a binding obligation of the
parties.
(b) The Agreement has been amended or modified either orally or in writing
and, if so amended, identifying the amendments.
(c) A default in the performance of the requesting party’s obligations under the
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Agreement exists and, if a default does exist, the nature and amount of any default.
Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or
OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default
existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise
not known to the preparing party.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for
the breach of any provision of this Agreement, except that CITY shall not be liable in damages to
OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER
covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises
out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed
or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
7.2 Specific Performance. The parties acknowledge that money damages and remedies
at law generally are inadequate and specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this Agreement and should be available
to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1
above.
(b) Due to the size, nature and scope of the project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this Agreement has
begun. After such implementation, OWNER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. OWNER has invested significant time and resources
and performed extensive planning and processing of the Project in agreeing to the terms of this
Agreement and will be investing even more significant time and resources in implementing the
Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum
of money which would adequately compensate OWNER for such efforts.
7.3 Release. Except for nondamage remedies, including the remedy of specific
performance and judicial review as provided for in Section 7.2, OWNER, for itself, its successors
and assignees, hereby releases the CITY, its officers, agents and employees from any and all
claims, demands, actions, or suits of any kind or nature arising out of any liability, known or
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unknown, present or future, including, but not limited to, any claim or liability, based or asserted,
pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United
States Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms
of this Agreement.
7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the
provisions contained in Subsection 7.5 herein, CITY may terminate or modify this Agreement for
any failure of OWNER to perform any material duty or obligation of OWNER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
“default”); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to OWNER of default setting forth the nature of the
default and the actions, if any, required by OWNER to cure such default and, where the default
can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60-day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
7.5 Termination of Agreement for Default of CITY. OWNER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of
the default and the actions, if any, required by CITY to cure such default and, where the default
can be cured, CITY has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60 day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent
with its Comprehensive General Plan (“General Plan”), and that the General Plan meets all
requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s
determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to
perform under this Agreement or the inability of OWNER to develop the Property as contemplated
by the Development Plan as the result of a judicial determination that on the Effective Date, or at
any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in
compliance with law.
8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its
expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and
employees from any claim, action or proceeding against CITY, its agents, officers, or employees
to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit
granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim,
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action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify
OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense,
OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY
may in its discretion participate in the defense of any such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify
and hold CITY, its officers, agents, employees and independent contractors free and harmless from
any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers,
agents, employees, subcontractors and independent contractors, for property damage, bodily
injury, or death (OWNER’s employees included) or any other element of damage of any kind or
nature, relating to or in any way connected with or arising from the activities contemplated
hereunder, including, but not limited to, the study, design, engineering, construction, completion,
failure and conveyance of the public improvements, save and except claims for damages arising
through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at
its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent
contractors in any legal action based upon such alleged acts or omissions. CITY may in its
discretion participate in the defense of any such legal action.
8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation of any federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property, including, but not limited to, soil and groundwater conditions, and OWNER
shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may in its discretion
participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY
reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise
engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2)
conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for
any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing
and accounting therefor.
8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any
manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
financing with respect to the Property. CITY acknowledges that the lenders providing such
financing may require certain Agreement interpretations and modifications and agrees upon
request, from time to time, to meet with OWNER and representatives of such lenders to negotiate
in good faith any such request for interpretation or modification. CITY will not unreasonably
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withhold its consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this Agreement. Any
Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property,
or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of
any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of
any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or
duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants
of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent
that any covenant to be performed by OWNER is a condition precedent to the performance of a
covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s
performance hereunder, and further provided that any sale, transfer or assignment by any
Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the County Recorder by the City Clerk within the period required
by Section 65868.5 of the Government Code.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements which are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall
be admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
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therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions are determined to
be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be employed in
interpreting this Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the
Property is owned, in whole or in part, by more than one OWNER, all obligations of such
OWNERS under this Agreement shall be joint and several, and the default of any such OWNER
shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single
lot which has been finally subdivided and sold to such OWNER as a member of the general public
or otherwise as an ultimate user shall have any obligation under this Agreement except as provided
under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party’s right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and
other labor difficulties beyond the party’s control, (including the party’s employment force),
government regulations, court actions (such as restraining orders or injunctions), or other causes
beyond the party’s control. If any such events shall occur, the term of this Agreement and the time
for performance by either party of any of its obligations hereunder may be extended by the written
agreement of the parties for the period of time that such events prevented such performance,
provided that the term of this Agreement shall not be extended under any circumstances for more
than five (5) years.
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10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby
of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon
every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is
binding upon each party and each successor in interest during OWNERship of the Property or any
portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Riverside, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and OWNER is that of a government entity
regulating the development of private property and the OWNER of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation
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of a natural person residing in the State of California, giving his or her name, residence and
business addresses, as its agent for the purpose of service of process in any court action arising out
of or based upon this Agreement, and the delivery to such agent of a copy of any process in any
such action shall constitute valid service upon OWNER. If for any reason service of such process
upon such agent is not feasible, then in such event OWNER may be personally served with such
process out of this County and such service shall constitute valid service upon OWNER. OWNER
is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives
any and all objections and protests thereto. OWNER for itself, assigns and successors hereby
waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial
and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by
this reference as if fully set forth herein.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf
of OWNER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants
and represents that he or she/they has/have the authority to bind OWNER to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement
on the last day and year set forth below.
SIGNATURES ON THE FOLLOWING PAGE(S)
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SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT NO. 18-1
BY AND BETWEEN
CITY OF SAN JACINTO
AND
SRC, L.P.
AND
SJSA INVESTMENTS, LLC
OWNER
SRC, L.P.
By:
Mark E. Zimmerman
Its:
Dated: _______________
OWNER
SJSA INVESTMENTS, LLC
By:
Robert M. Evans
Its: Senior Vice President__________
Dated: _______________
CITY
CITY OF SAN JACINTO, a California
municipal corporation
By:
_____________, Mayor
Dated: _______________
ATTEST:
By:
Angela Walton, City Clerk
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APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP,
City Attorney
4.2.c
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B-1
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Real property in the City of San Jacinto, County of Riverside, State of California, described as on
the following page:
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B-2
4.2.c
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B-3
EXHIBIT “B”
PROPERTY MAP
4.2.c
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Packet Pg. 131 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC)City Council Staff Report - February 19, 2019
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C-1
EXHIBIT “C”
EXISTING DEVELOPMENT APPROVALS
x CONIDITIONAL USE PERMIT 1-08;
x PARCEL MAP 35888; AND
x FINAL CONDITIONS OF APPROVAL DATED
4.2.c
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D-1
EXHIBIT “D”
EXISTING LAND USE REGULATIONS
City of San Jacinto General Plan
City of San Jacinto General Plan Map
City of San Jacinto Development Code
City of San Jacinto Zoning Map
City of San Jacinto Municipal Code
4.2.c
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Packet Pg. 205 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
!!
!
CVS Pharmacy #8943
Parkside Village Park
San Jacinto Shell #86
SANDERSONCOTTONWOOD
ROBINSEAGULL
PELICAN
FLAMINGO
ALBATROSS
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,
CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User
Community
O CUP 1-08
Location Map
Subject Site
4.2.d
Packet Pg. 123 Attachment: 04 Aerial Map (Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC)4.1.c
Packet Pg. 134 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC)City Council Staff Report - February 19, 2019
3.A.4.c
Packet Pg. 206 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
SANDERSONCOTTONWOOD
ROBINSEAGULL
PELICAN
FLAMINGO
ALBATROSS
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,
CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User
Community
O CUP 1-08
General Plan Map
Subject Site
Landuse
GPLU
Low Density Residential
Medium Density Residential
Community Commercial
Park
4.2.e
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Packet Pg. 135 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC)City Council Staff Report - February 19, 2019
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Packet Pg. 207 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
SANDERSONCOTTONWOOD
ROBINSEAGULL
PELICAN
FLAMINGO
ALBATROSS
CG
RL
RM
OSR
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,
CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User
Community
O CUP 1-08
Zoning Map
Subject Site
Commercial General
Open Space Recreational
Residential Low
Residential Medium
4.2.f
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Packet Pg. 136 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC)City Council Staff Report - February 19, 2019
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Packet Pg. 208 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
4.2.g
Packet Pg. 126 Attachment: 07 CUP 1-08 Site Plan (Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC)4.1.c
Packet Pg. 137 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-1 - SRC, LP and SJSA Investments, LLC)City Council Staff Report - February 19, 2019
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Packet Pg. 209 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-06 for Development Agreement 18-1)
March 5, 2019
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Second Reading of Ordinance 19-07 for Development Agreement 18-2
RECOMMENDATION:
CONDUCT the second reading and ADOPTION of Ordinance 19-06, approving Development
Agreement 18-2.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF SAN JACINTO AND MOUNTAIN
STATES DEVELOPMENT
DISCUSSION/ANALYSIS:
On February 19, 2019, the City Council introduced and conducted the first reading of Ordinance
No. 19-07 to approve Development Agreement 18-2 (4-0-1), subject to a change in the
Development Agreement Term from five years to four years and the extension option from two
to three years.
On January 29, 2019, after conducting a public hearing, the Planning Commission unanimously
approved resolution 19-03 recommending that the City Council approve Development
Agreement 18-2.
BACKGROUND:
To prepare for and encourage new development in the coming years, staff is recommending that
the City enter into Development Agreements to provide an extension for expiring tentative tract
maps. The Development agreement will extend Tentative Tract Map 33716 to provide additional
time to final the Map and develop the project. The project when built will provide additional
housing opportunities for the City.
The Development Agreement would have a positive fiscal impact for the City with infrastructure
improvements and homes being constructed and a Development Agreement Fee paid to the City.
The Development Agreement Fee will be in the amount of $1,200 per lot, paid at issuance of a
Certificate of Occupancy, which will be deposited in the City’s General Fund account. If an
extension is granted, the Development Agreement Fee will increase to $2,000.
Development Agreement 18-2 has been prepared in accordance with the rules and regulations
for the review and processing of Development Agreement requests in the City. The proposed
development complies with the City’s General Plan.
3.A.5
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Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto
is authorized to enter into Development Agreements with persons having legal or equitable
interests in real property for the development of such property.
ENVIRONMENTAL ANALYSIS:
The project was adequately analyzed in earlier an adopted mitigated negative declaration for the
Tentative Tract Map. Moreover, a subsequent mitigated negative declaration is not required,
because there are no changed circumstances pursuant to the California Environmental Quality
Act (CEQA) Section 15162.
FISCAL IMPACT:
The City’s General Fund will receive a DA Fee of $58,800.00 at $1,200.00 per unit if all 49 lots
are developed within the DA term.
ATTACHMENTS:
Ordinance 19-07
Development Agreement 18-2
City Council Staff Report February 19, 2019
3.A.5
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STATE OF CALIFORNIA ) ORDINANCE NO. 19-07
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT
AGREEMENT NO. 18-1 BETWEEN THE CITY OF SAN
JACINTO AND MOUNTAIN STATES DEVELOPMENT, LLC
WHEREAS, pursuant to Section 65864, et seq., of the California
Government Code, the City of San Jacinto (“City”) is authorized to enter into development
agreements with persons having legal or equitable interests in real property fo r the
development of such property; and
WHEREAS, Mountain States Development, LLC (“Owner”) is the owner of
Tentative Tract Map 33716, with respect to the Development Agreement; and
WHEREAS, City and Owner now seek to enter into Development
Agreement 18-2 attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement
generally consists of Tentative Tract Map 33716, a 11.80 gross acre, 49 lot single-family
residential subdivision and other related improvements (“Project ”), located on the east
side of Lyon Avenue, north of Seventh Street and south of the flood control channel and
the purpose of Development Agreement is to extend the Tentative Tract Map for a period
of five years; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the
City’s requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, includes a
Development Agreement Fee to be paid by Owner to the City under the Development
Agreement; and
WHEREAS, the Development Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Property, ensure progressive
installation of necessary improvements, provide for public services appropriate to the
development of the Project, and generally serve the purposes for which development
agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, the project has been adequately analyzed in an earlier adopted
mitigated negative declaration and a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
3.A.5.a
Packet Pg. 212 Attachment: Ordinance 19-07 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
2
WHEREAS, on January 29, 2019, the Planning Commission of the City of
San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on
Development Agreement 18-2, at which time all persons wishing to testify in connection
with Development Agreement 18-2 were heard and Development Agreement 18-2 was
comprehensively reviewed; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance
with the recommendation of the Planning Commission for the City of San Jacinto (the
“Planning Commission”), the City Council has determined that it can be seen with
certainty that the approval of the Development Agreement is not likely to have any effect
on the environment, and therefore further review is not necessary under CEQA and the
CEQA Guidelines; and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted
a duly noticed public hearing concerning the Development Agreement, at which time all
persons wishing to do so had an opportunity to provide testimony regarding the
Development Agreement, and at which time the City Council thoroughly reviewed the
Development Agreement; and
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are
incorporated herein and made an operative part of this Ordinance as
though fully set forth herein.
Section 2. Findings. Based on the entire record before the City Council, all
written and oral evidence presented to the City Council, and the
findings set forth in this Ordinance, the City Council adopts this
Ordinance and approves Development Agreement 18-2 based upon
the following findings:
A. That the Development Agreement aids in the
continued and consistent implementation of the Tentative
Tract Map, provides a financial benefit to the City in the form
of the Development Agreement Fee (as that term is defined in
the Development Agreement), and is therefore in the best
interest of the City.
B. That Development Agreement 18-2 is
consistent with the City’s General Plan and will allow the
Owner to complete the Project in a manner which the City
Council previously found to be consistent with the City’s
General Plan, and as recommend by the Planning
Commission, the City Council finds continues to be consistent
therewith.
3.A.5.a
Packet Pg. 213 Attachment: Ordinance 19-07 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
3
C. That the Development Agreement 18-2 promotes the
public health, safety and welfare of the community because it will
permit and encourage the development of residential units in
accordance with the approved Tentative Tract Map and will allow for
the most efficient and logical development of the real property
governed by the Development Agreement in the City.
D. That the Project is covered under the Tentative Tract
Map, which provides for a single-family development, is therefore
compatible with the uses authorized in, and the regulations
prescribed for, the zone in which the real property subject to the
Development Agreement is located, and will not adversely affect the
orderly development of property or the preservation of property
values.
E. The Development Agreement is consistent with the
following General Plan Land Use Element goals and policies, and
will further important and officially recognized City wide goals and
policies, by allowing the Owner to develop the Project under the
terms of the Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct
Growth – This Land Use Element encourages development
consistent with the zoning of the property and provides for
adequate levels of public services and facilities to be provided
for the new development.
F. That Development Agreement 18-2 will provide the
City with important, tangible benefits including the Development
Agreement Fee provided for in the Agreement, and development of
the Tentative Tract Map.
Section 3. Adoption of Development Agreement 18-2. Based on the entire
record before the City Council, all written and oral evidence
presented to the City Council, and the findings set forth in this
Ordinance, the City Council hereby adopts Development Agreement
18-2, as set forth in Exhibit “A”.
Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA
and in accordance with the recommendation of the Planning
Commission for the City of San Jacinto, the City Council has
determined that the Project has been adequately analyzed in an
earlier adopted mitigated negative declaration, and a subsequent
mitigated negative declaration is not required because there are no
changed circumstances pursuant to Section 15162. Further, it can
be seen with certainty that the approval of the Development
Agreement is not likely to have any effect on the environment, and
3.A.5.a
Packet Pg. 214 Attachment: Ordinance 19-07 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
4
therefore further review is not necessary under CEQA and the CEQA
Guidelines.
Section 5. Notice of Determination. Staff is directed to file a Notice of
Determination with the Riverside County Recorder’s Office within five
(5) working days of adoption of this Ordinance.
Section 6. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are
based are located at the City Clerk’s office located at 595 S. San
Jacinto Avenue, San Jacinto, CA 92583. The custodian for these
records is the City Clerk.
Section 7. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable. The
City Council hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion
thereof.
Section 8. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once
within 15 days of adoption in a newspaper of general circulation
printed and published within the City of San Jacinto, and shall post a
certified copy of this Ordinance, including the vote for and against
the same, in the Office of the City Clerk in accordance with
Government Code § 36933.
Introduced at a regular meeting of the City Council on the 19th day of February 2019.
3.A.5.a
Packet Pg. 215 Attachment: Ordinance 19-07 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
5
ORDINANCE NO. 19-07
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 5th day of March 2019, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
_______________________
Russell Utz, Mayor
ATTEST:
_____________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
3.A.5.a
Packet Pg. 216 Attachment: Ordinance 19-07 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
6
CERTIFICATION
State of California )
County of Riverside) ss
City of San Jacinto)
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Ordinance No. 19-07 was introduced at a regular meeting
of the City Council of the City of San Jacinto on the 19th day of February 2019. Ordinance
No. 19-07 was passed, approved, and adopted by the City Council of the City of San
Jacinto, California, at a regular meeting of the City Council held on the 5th day of March
2019:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Witness my hand and seal the 19th day of March 2019.
_____________________________
Angela Walton, City Clerk
City of San Jacinto
3.A.5.a
Packet Pg. 217 Attachment: Ordinance 19-07 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 18-2
BY AND BETWEEN THE CITY OF SAN JACINTO AND MOUNTAIN STATES
DEVELOPMENT, LLC
3.A.5.a
Packet Pg. 218 Attachment: Ordinance 19-07 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
22242.00000\30164334.2
Recorded at request of: )
Clerk, City Council )
City of San Jacinto )
)
When recorded return to: )
City of San Jacinto )
595 S. San Jacinto Ave. )
San Jacinto, CA 92583 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 18-2
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF SAN JACINTO
and
MOUNTAIN STATES DEVELOPMENT, LLC,
a California limited liability company
3.A.5.b
Packet Pg. 219 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
22242.00000\30164334. 22
DEVELOPMENT AGREEMENT NO. 18-2
This Development Agreement (hereinafter “Agreement”) is entered into by and among the
City of San Jacinto, a California municipal corporation (hereinafter “CITY”), and Mountain States
Development, LLC, a California limited liability company (hereinafter “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with
persons having legal or equitable interests in real propert y for the development of such property,
pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of certain governmental
and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review
by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and
welfare will be served by entering into this Agreement; and
WHEREAS, the environmental impacts of the Project and this Agreement, including the
Development Approvals, have previously been properly reviewed and assessed by CITY pursuant
to the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
(“CEQA”), California Code of Regulations Title 14, Section 15000 et seq. (the “CEQA
Guidelines”) and the CITY’s local CEQA guidelines; and
WHEREAS, on January 29, 2019, the City of San Jacinto Planning Commission conducted
a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do
so had an opportunity to provide testimony regarding this Agreement, and at which time the
Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the
City Council of the City of San Jacinto that the City Council approve and adopt this Agreement;
and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted a duly noticed
public hearing concerning this Agreement, at which time all persons wishing to do so had an
opportunity to provide testimony regarding this Agreement, and at which time the City Council
thoroughly reviewed this Agreement; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance with the
recommendation of the Planning Commission for the City of San Jacinto (the “Planning
Commission”), the City Council has determined that it can be seen with certainty that the approval
of this Agreement is not likely to have any effect on the environment, and therefore further review
is not necessary under CEQA and the CEQA Guidelines; and
3.A.5.b
Packet Pg. 220 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
3
WHEREAS, on February 19, 2019, following the conclusion of the public hearing and
adoption of the Notice of Determination, the City Council conducted the first reading of the
ordinance approving and adopting this Agreement, and
WHEREAS on March 5, 2019, the City Council conducted a second reading (adoption) of
the ordinance approving and adopting this Agreement; and
WHEREAS, this Agreement and the Project are consistent with the CITY’s
Comprehensive General Plan and any Specific Plan applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Project, and generally serve the
purposes for which development agreements under Sections 65864 et seq. of the Government Code
are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to
assure development of the Property in accordance with this Agreement; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess
of the generally applicable requirements in order to assure vesting of legal rights to develop the
Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of San Jacinto, a municipal corporation, organized
and existing pursuant to the laws of the State of California.
1.1.3 “City Council” means the duly elected and constituted city council of CITY.
3.A.5.b
Packet Pg. 221 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
4
1.1.4 “Dedication Requirement” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land
in order to lessen, offset, mitigate or compensate for the impacts of development on the
environment or other public interests.
1.1.5 “Development” means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property; the construction of buildings and structures; and
the installation of landscaping. “Development” does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.6 “Development Agreement Policies” means those certain development
agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002,
as amended.
1.1.7 “Development Approvals” means all permits and other entitlements for use,
subject to approval or issuance by CITY in connection with the Development, including, but not
limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans;
(d) zoning; and
(e) grading and building permits.
1.1.8 “Development Exaction” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land,
the construction of improvements or public facilities, or the payment of fees in order to lessen,
offset, mitigate or compensate for the impacts of development on the environment or other public
interests.
1.1.9 “Development Plan” means the Existing Development Approvals and the
Existing Land Use Regulations applicable to development of the Property.
1.1.10 “Effective Date” means the date the ordinance approving this Agreement
becomes effective.
1.1.11 “Existing Development Approvals” means all Development Approvals
approved or issued prior to the Effective Date. Existing Development Approvals includes the
Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public
record on the Effective Date.
3.A.5.b
Packet Pg. 222 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
5
1.1.12 “Existing Land Use Regulations” means all Land Use Regulations in effect
on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein
as Exhibit “D” and all other Regulations which are a matter of public record on the Effective Date.
1.1.13 “Land Use Regulations” means all ordinances, resolutions, codes, rules,
regulations and official policies of CITY governing the development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement and construction standards
and specifications applicable to the development of the property. “Land Use Regulations” does
not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public property; and/or
(e) the exercise of the power of eminent domain.
1.1.14 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security-device lender, and their successors and assigns.
1.1.15 “OWNER” means the persons and entities listed as OWNER on page 1 of
this Agreement and its successor(s) in interest to all or any part of the Property.
1.1.16 “Planning Commission” means the duly appointed and constituted planning
commission of CITY.
1.1.17 “Project” means the development of the Property contemplated by the
Development Plan as such Development Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.18 “Property” means the real property described on Exhibit “A” and shown on
Exhibit “B” to this Agreement.
1.1.19 “Reservations of Authority” means the rights and authority excepted from
the assurances and rights provided to OWNER under this Agreement and reserved to CITY under
Section 3.6 of this Agreement.
1.1.20 “Subsequent Development Approvals” means all Development Approvals
required subsequent to the Effective Date in connection with the Development.
1.1.21 “Subsequent Land Use Regulations” means any Land Use Regulations
adopted and effective after the Effective Date of this Agreement.
3.A.5.b
Packet Pg. 223 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
6
1.1.22 “TTM 33716” means Tentative Tract Map 33716, which is one of the
Existing Development Approvals and is described in Exhibit “C”.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
Exhibit “C” — Existing Development Approvals.
Exhibit “D” — Existing Land Use Regulations.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the owner of
the fee simple title to the Property or a portion thereof.
2.3 Term. The initial term of this Agreement shall commence on the Effective Date,
and shall continue to April 14, 2023 unless this term is modified or extended pursuant to the
provisions of this Agreement. Notwithstanding the foregoing, the term of this Agreement may be
extended one (1) time for an additional three (3) years following expiration of the initial term,
resulting in a total term of seven (7) years, provided the following have occurred:
(a) OWNER provides at least one hundred eighty (180) days’ written
notice to CITY prior to the expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.
The initial term and, if and upon extension, the three-year extended term, shall sometimes
be referred to herein collectively as the “Term.”
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm
or corporation at any time during the Term; provided, however, that any such sale, transfer or
assignment shall include the assignment and assumption of the rights, duties and obligations
arising under or from this Agreement and be made in strict compliance with the following
conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer or assignment of all or a part
of the Property.
3.A.5.b
Packet Pg. 224 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
7
(b) Concurrent with any such sale, transfer or assignment, or within
fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer
or assignment and shall provide CITY with an executed agreement, in a form reasonably
acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the
purchaser, transferee or assignee expressly and unconditionally assumes all the duties and
obligations of OWNER under this Agreement.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b)
of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser,
transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser,
transferee or assignee until and unless such agreement is executed. OWNER shall have the right
to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and
interest in and to a credit or reimbursement provided for in this Agreement; provided however,
that the existence and extent of any such reservation shall be expressly referred to in the written
agreement required by Section 2.4.1(b), above.
2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or
assignment, a transferring OWNER shall continue to be obligated under this Agreement unless
such transferring OWNER is given a release in writing by CITY, which release shall be provided
by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part
of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed
agreement required under Paragraph (b) of Subsection 2.4.1 above.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after
an initial sale, transfer or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section.
2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the
sale or lease (for a period longer than one year) of any lot which has been finally subdivided and
is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user.
Notwithstanding any other provisions of this Agreement, this Agreement shall automatically
terminate with respect to any such lot and such lot shall be released and no longer be subject to
this Agreement without the execution or recordation of any further document upon satisfaction of
both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in
“bulk”) sold or leased (for a period longer than one year) to a member of the public or other
ultimate user; and
3.A.5.b
Packet Pg. 225 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
8
(b) A certificate of occupancy has been issued for a building on the lot,
and the fees set forth under Section 4.2 of this Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868 and Article 5 of the Development Agreement Policies. This
provision shall not limit any remedy of CITY or OWNER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the
ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including issuance of all required occupancy permits and acceptance by CITY or applicable public
agency of all required dedications.
(e) Termination of this Agreement based on any default of OWNER and
following the termination proceedings required by Articles 7 and 8 of the Development Agreement
Policies.
Termination of this Agreement shall not constitute termination of any other land
use entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement. Upon such termination,
any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by
OWNER to CITY for residential units on which construction has not yet begun shall be refunded
to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records of the telegraph
3.A.5.b
Packet Pg. 226 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
9
company after transmission by telegraph to the recipient named below. All notices shall be
addressed as follows:
If to CITY:
City of San Jacinto
595 S. San Jacinto Ave.
San Jacinto, CA 92583
Attn: City Manager
Telephone: (951) 487-7342
Facsimile: (951) 654-3728
Copy to:
Best, Best & Krieger, LLP
300 South Grand Ave.
25th Floor
Los Angeles, CA 90071
Attn: City Attorney
Telephone: (213) 617-8100
Facsimile: (213) 617-7480
If to OWNER:
Mountain States Development, LLC
Attn: Michael Wright
P.O. Box 2454
Rancho Santa Fe, CA 92067
(c) Either party may, by notice given at any time, require subsequent notices to
be given to another person or entity, whether a party or an officer or representative of a party, or
to a different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement, including the
Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance
with, and to the extent of, the Development Plan. The Project shall remain subject to all
Subsequent Development Approvals required to complete the Project as contemplated by the
Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the
Property, the density and intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation and dedication of land for public purposes shall be those set forth in the
Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement, including the Reservations of Authority, the rules, regulations and
official policies governing permitted uses of the Property, the density and intensity of use of the
Property, the maximum height and size of proposed buildings, and the design, improvement and
construction standards and specifications applicable to development of the Property shall be the
3.A.5.b
Packet Pg. 227 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
10
Existing Land Use Regulations. In connection with any Subsequent Development Approval,
CITY shall exercise its discretion in accordance with the Development Plan, and as provided by
this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for
processing, review and action all applications for Subsequent Development Approvals, and such
applications shall be processed in the normal manner for processing such matters.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time
predict when or the rate at which phases of the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of OWNER, such as market orientation
and demand, interest rates, absorption, completion and other similar factors. Since the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that
the failure of the parties therein to provide for the timing of development resulted in a later adopted
initiative restricting the timing of development to prevail over such parties’ agreement, it is the
parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have
the right to develop the Property in such order and at such rate and at such times as OWNER deems
appropriate within the exercise of its subjective business judgment, subject only to any timing or
phasing requirements set forth in Section 3.4.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and
phasing requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require Subsequent Development Approvals and may demonstrate
that changes are appropriate and mutually desirable in the Existing Development Approvals. In
the event OWNER finds that a change in the Existing Development Approvals is necessary or
appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such
change and CITY shall process and act on such application in accordance with the Existing Land
Use Regulations, except as otherwise provided by this Agreement including the Reservations of
Authority. If approved, any such change in the Existing Development Approvals shall be
incorporated herein as an addendum to Exhibit “C”, and may be further changed from time to time
as provided in this Section. Unless otherwise required by law, as determined by the City Manager,
a change to the Existing Development Approvals shall be deemed “minor” and not require an
amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 of the Public Resources Code.
3.A.5.b
Packet Pg. 228 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
11
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by
CITY to cover the estimated actual costs to CITY of processing applications for Development
Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any other
matter of procedure.
(c) Regulations governing construction standards and specifications
including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code,
Electrical Code, Fire Code and Grading Code.
(d) Regulations imposing Dedication Requirements or Development
Exactions; provided, however, that no such subsequently adopted Dedication Requirements or
Development Exactions shall be applicable to development of the Property unless such Dedication
Requirements or Development Exactions are applied uniformly to development throughout the
CITY or within a defined area of benefit that includes the Property. No such subsequently adopted
Dedication Requirement or Development Exaction shall apply if its application to the Property
would physically prevent development of the Property for the uses and to the density or intensity
of development set forth in the Development Plan. In the event any such subsequently adopted
Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part,
as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such
subsequently adopted Dedication Requirement or Development Exaction for the fees paid under
Section 4.2 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations which may be in conflict with the Development Plan
but which are reasonably necessary to protect the public health and safety. To the extent possible,
any such regulations shall be applied and construed so as to provide OWNER with the rights and
assurances provided under this Agreement.
(f) Regulations which are not in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
development of the Property shall be deemed to conflict with the Development Plan and shall
therefore not be applicable to the development of the Property.
(g) Regulations which are in conflict with the Development Plan
provided OWNER has given written consent to the application of such regulations to development
of the Property.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on Subsequent Development Approvals, from applying Subsequent Lan d Use
Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent
3.A.5.b
Packet Pg. 229 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
12
CITY from denying or conditionally approving any Subsequent Development Approval on the
basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict
with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State
or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or
preclude compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such State or
Federal laws or regulations, provided, however, that this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws
or regulations do not render such remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This
Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such
power and authority which cannot be restricted by contract.
3.7 Public Works. If OWNER is required by this Agreement to construct any public
works facilities which will be dedicated to CITY or any other public agency upon completion, and
if required by applicable laws to do so, OWNER shall perform such work in the same manner and
subject to the same requirements and standards as would be applicable to CITY or such other
public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is
required to construct any public improvement on land not owned by OWNER, OWNER shall at
its sole cost and expense provide, or cause to be provided, the real property interests necessary for
the construction of such public improvements. In the event OWNER is unable, after exercising
reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the
Civil Code, to acquire the real property interests necessary for the construction of such public
improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate
security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary
real property interests to allow OWNER to construct the public improvements as required by this
Agreement and, if necessary, in accordance with the procedures established by law, use its power
of eminent domain to acquire such required real property interests. OWNER shall pay all costs
associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by
the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public
improvements on land not owned by OWNER, except to the extent that the OWNER elects to
proceed with the development of the Project, and then only in accordance with valid conditions
imposed by the CITY upon the Development under the Subdivision Map Act or other legal
authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
Development separately from or jointly with CITY and this Agreement does not limit the authority
of such other public agencies.
3.A.5.b
Packet Pg. 230 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
13
3.10 Tentative Tract Map Extension. The term of TTM 33716 and any tentative tract
map(s), tentative subdivision map(s) or tentative parcel map(s) heretofore or hereafter approved in
connection with the Development shall expire upon the expiration or earlier termination of this
Agreement. Said term of such map(s) shall be the sole and exclusive term and shall be in lieu of
any other term or term extension provided for pursuant to the Subdivision Map Act, CITY
ordinance, or any combination thereof.
3.11 Amendment(s) to Tentative Tract Map(s); Recordation of Final Tract Map(s). Any
amendment to an existing tentative tract map, heretofore or hereafter approved in connection with
the Development, which is deemed “minor” in accordance with Section 3.5 of this Agreement
shall not require an amendment to this Agreement. If and upon OWNER’s election to exercise the
term extension authorized under Section 2.3 of this Agreement, during such three-year extended
term, all conditions of approval for any tentative tract map identified under this Agreement shall
be reviewed for changed circumstances and modifications may be required. Subject to applicable
provisions of the Subdivision Map Act (Government Code Section 66410 et seq.), OWNER may
record final tract maps on a phased basis.
3.12 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or
final parcel map, heretofore or hereafter approved in connection with the Development, is a vesting
map under the Subdivision Map Act and if this Agreement is determined by a final judgment to be
invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that
extent the rights and protections afforded OWNER under the laws and ordinances applicable to
vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately
above, development of the Property shall occur only as provided in this Agreement, and the
provisions in this Agreement shall be controlling over any conflicting provision of law or
ordinance concerning vesting maps.
3.13 Utilities. In accordance with Section 201(h) of the Development Agreement
Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer,
gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for
CITY-owned or operated utilities serving the Project for such prices and on such terms as may be
mutually agreed to between the parties.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that the Development will result in
substantial public needs which will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial private benefits on OWNER which
should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on OWNER by providing
more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Agreement Fee. In addition to the other obligations of OWNER
contained in this Agreement, the Project shall also be subject to a “Development Agreement Fee.”
The Development Agreement Fee shall be paid to CITY and shall cover the initial term of four (4)
years of this Agreement. The Development Agreement Fee shall be One Thousand Two Hundred
Dollars ($1,200.00) per residential unit for the initial term of four (4) years of this Agreement. If
3.A.5.b
Packet Pg. 231 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
14
and upon OWNER’s election to exercise the term extension authorized under Section 2.3 of this
Agreement, the Development Agreement Fee shall increase to Two Thousand Dollars ($2,000.00)
per residential unit for the extended term of three (3) years of this Agreement. In addition, during
such three-year extended term, all conditions of approval for any tentative tract map identified
under this Agreement shall be reviewed for changed circumstances and modifications may be
required. The Development Agreement Fee shall not be used to offset any Development Impact
Fee(s). OWNER shall not be entitled to any credit against the Development Agreement Fee
resulting from OWNER’s provision of public improvements as required by the Development Plan
or this Agreement.
4.2.1 Time of Payment. The Development Agreement Fee required pursuant to
Section 4.2 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the
certificate of occupancy for each residential unit. No fees shall be payable for building permits
issued prior to the Effective Date of this Agreement, but the Development Agreement Fee required
pursuant to Section 4.3 shall be paid prior to the re-issuance or extension of any building permit
for a residential unit for which such Development Agreement Fee has not previously been paid.
4.2.2 Development Agreement Processing Fee and Deposit(s). In addition to the
Development Agreement Fee, OWNER has paid the CITY a one-time fee separately for processing
of the Development Agreement (“Development Agreement Processing Fee”) in the amount of Five
Thousand Dollars ($5,500.00) and an Administration Fee of Seven Hundred Fifty Dollars
($880.00) (“Administration Fee”). In addition, OWNER has paid CITY separately a deposit for
the planning and legal costs associated with the preparation and processing of the Development
Agreement. The planning and legal deposit (“Legal Expense Deposit”) shall be in the amount of
Five Thousand Dollars ($5,870.00). CITY acknowledges receipt of OWNER’s prior payment of
the Development Agreement Processing Fee, Administration Fee and Legal Expense Deposit.
Should the planning and legal costs associated with the preparation and processing of the
Development Agreement exceed OWNER’s Legal Expense Deposit, CITY reserves the right to
require OWNER to pay an additional deposit prior to recordation to cover the cost of such planning
and legal services.
4.3 Other Fees. In addition to the Development Agreement Fee, Development
Agreement Processing Fee, Administration Fee, and Legal Expense Deposit(s), and other
obligations of OWNER contained in this Agreement, OWNER shall also be responsible for
payment of all Transportation Uniform Mitigation Fees (TUMF) and Multiple Species Habitat
Conservation Plan Fees (MSHCP). Further, OWNER additionally shall be responsible for
payment of all relevant fees for Community Facilities District (CFD), Assessment District (AD),
and Landscape, Lighting and Park District No. 2 (LLPD No. 2), as applicable to the Property.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate, CITY and OWNER will cooperate in the formation of any special
assessment district, community facilities district or alternate financing mechanism to pay for the
construction and/or maintenance and operation of public infrastructure facilities required as part
of the Development Plan. CITY also agrees that, to the extent any such district or other financing
entity is formed and sells bonds in order to finance such reimbursements, OWNER may be
reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of
3.A.5.b
Packet Pg. 232 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
15
public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that
nothing contained in this Agreement shall be construed as requiring CITY or the City Council to
form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Development Director shall review this Agreement annually,
on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance
by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring
Report, in a form acceptable to the Development Director, within thirty (30) days after written
notice from the Development Director. The Annual Monitoring Report shall be accompanied by
an annual review and administration fee sufficient to defray the estimated costs of review and
administration of this Agreement during the succeeding year. The amount of the annual review
and administration fee shall be set annually by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of compliance with
this Agreement at any time. The Development Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be
required to demonstrate good faith compliance with the terms of this Agreement. The burden of
proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Development
Director shall submit a report to the City Council setting forth the evidence concerning good faith
compliance by OWNER with the terms of this Agreement and his or her recommended finding on
that issue.
(c) If the City Council finds on the basis of substantial evidence that OWNER
has complied in good faith with the terms and conditions of this Agreement, the review shall be
concluded.
(d) If the City Council makes a preliminary finding that OWNER has not
complied in good faith with the terms and conditions of this Agreement, the Council may modify
or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as
provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent
with, proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section
6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall
give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10)
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify
the Agreement; and
3.A.5.b
Packet Pg. 233 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
16
(c) Such other information as is reasonably necessary to inform OWNER of the
nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing
on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall
be required to demonstrate good faith compliance with the terms and conditions of this Agreement.
The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon
substantial evidence, that OWNER has not complied in good faith with the terms or conditions of
the Agreement, the City Council may terminate this Agreement or modify this Agreement and
impose such conditions as are reasonably necessary to protect the interests of the CITY. The
decision of the City Council shall be final, subject only to judicial review pursuant to Section
1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special
review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by
OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that
after the most recent periodic or special review and based upon the information known or made
known to the Development Director and City Council that (1) this Agreement remains in effect
and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain
information necessary to communicate constructive record notice of the finding of compliance,
shall state whether the Certificate is issued after a periodic or special review and shall state the
anticipated date of commencement of the next periodic review. OWNER may record the
Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER,
CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special
review, but was concealed from or otherwise not known to the Development Director or City
Council.
6.7 Estoppel Certificates. A party may at any time deliver written notice to the other
party requesting an estoppel certificate (the “Estoppel Certificate”). A party receiving a request
for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty
(30) days after receipt of the request. The Planning Director or any person designated by the City
Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized
representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to
be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate fro m the
other, the requesting party shall reimburse the other party for all reasonable and direct costs and
fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall
address issues such as whether:
(a) The Agreement is in full force and effect and is a binding obligation of the
parties.
(b) The Agreement has been amended or modified either orally or in writing
and, if so amended, identifying the amendments.
(c) A default in the performance of the requesting party’s obligations under the
3.A.5.b
Packet Pg. 234 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
17
Agreement exists and, if a default does exist, the nature and amount of any default.
Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or
OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default
existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise
not known to the preparing party.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for
the breach of any provision of this Agreement, except that CITY shall not be liable in damages to
OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER
covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises
out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed
or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
7.2 Specific Performance. The parties acknowledge that money damages and remedies
at law generally are inadequate and specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this Agreement and should be available
to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1
above.
(b) Due to the size, nature and scope of the project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this Agreement has
begun. After such implementation, OWNER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. OWNER has invested significant time and resources
and performed extensive planning and processing of the Project in agreeing to the terms of this
Agreement and will be investing even more significant time and resources in implementing the
Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum
of money which would adequately compensate OWNER for such efforts.
7.3 Release. Except for nondamage remedies, including the remedy of specific
performance and judicial review as provided for in Section 7.2, OWNER, for itself, its successors
and assignees, hereby releases the CITY, its officers, agents and employees from any and all
claims, demands, actions, or suits of any kind or nature arising out of any liability, known or
3.A.5.b
Packet Pg. 235 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
18
unknown, present or future, including, but not limited to, any claim or liability, based or asserted,
pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United
States Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms
of this Agreement.
7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the
provisions contained in Subsection 7.5 herein, CITY may terminate or modify this Agreement for
any failure of OWNER to perform any material duty or obligation of OWNER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
“default”); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to OWNER of default setting forth the nature of the
default and the actions, if any, required by OWNER to cure such default and, where the default
can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60-day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete suc h actions
and cure such default.
7.5 Termination of Agreement for Default of CITY. OWNER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of
the default and the actions, if any, required by CITY to cure such default and, where the default
can be cured, CITY has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60 day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent
with its Comprehensive General Plan (“General Plan”), and that the General Plan meets all
requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s
determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to
perform under this Agreement or the inability of OWNER to develop the Property as contemplated
by the Development Plan as the result of a judicial determination that on the Effective Date, or at
any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in
compliance with law.
8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its
expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and
employees from any claim, action or proceeding against CITY, its agents, officers, or employees
to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit
granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim,
3.A.5.b
Packet Pg. 236 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
19
action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify
OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense,
OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY
may in its discretion participate in the defense of any such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify
and hold CITY, its officers, agents, employees and independent contractors free and harmless from
any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers,
agents, employees, subcontractors and independent contractors, for property damage, bodily
injury, or death (OWNER’s employees included) or any other element of damage of any kind or
nature, relating to or in any way connected with or arising from the activities contemplated
hereunder, including, but not limited to, the study, design, engineering, construction, completion,
failure and conveyance of the public improvements, save and except claims for damages arising
through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at
its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent
contractors in any legal action based upon such alleged acts or omissions. CITY may in its
discretion participate in the defense of any such legal action.
8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation of any federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property, including, but not limited to, soil and groundwater conditions, and OWNER
shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may in its discretion
participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY
reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise
engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2)
conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for
any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing
and accounting therefor.
8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any
manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
financing with respect to the Property. CITY acknowledges that the lenders providing such
financing may require certain Agreement interpretations and modifications and agrees upon
request, from time to time, to meet with OWNER and representatives of such lenders to negotiate
in good faith any such request for interpretation or modification. CITY will not unreasonably
3.A.5.b
Packet Pg. 237 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
20
withhold its consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this Agreement. Any
Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property,
or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of
any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of
any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or
duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants
of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent
that any covenant to be performed by OWNER is a condition precedent to the performance of a
covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s
performance hereunder, and further provided that any sale, transfer or assignment by any
Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the County Recorder by the City Clerk within the period required
by Section 65868.5 of the Government Code.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements which are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall
be admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
3.A.5.b
Packet Pg. 238 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
21
therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions are determined to
be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be employed in
interpreting this Agreement, all parties having been repres ented by counsel in the negotiation and
preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the
Property is owned, in whole or in part, by more than one OWNER, all obligations of such
OWNERS under this Agreement shall be joint and several, and the default of any such OWNER
shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single
lot which has been finally subdivided and sold to such OWNER as a member of the general public
or otherwise as an ultimate user shall have any obligation under this Agreement except as provided
under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party’s right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and
other labor difficulties beyond the party’s control, (including the party’s employment force),
government regulations, court actions (such as restraining orders or injunctions), or other causes
beyond the party’s control. If any such events shall occur, the term of this Agreement and the time
for performance by either party of any of its obligations hereunder may be extended by the written
agreement of the parties for the period of time that such events prevented such performance,
provided that the term of this Agreement shall not be extended under any circumstances for more
than four (4) years.
3.A.5.b
Packet Pg. 239 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
22
10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby
of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon
every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is
binding upon each party and each successor in interest during ownership of the Property or any
portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Riverside, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and OWNER is that of a government entity
regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation
3.A.5.b
Packet Pg. 240 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
23
of a natural person residing in the State of California, giving his or her name, residence and
business addresses, as its agent for the purpose of service of process in any court action arising out
of or based upon this Agreement, and the delivery to such agent of a copy of any process in any
such action shall constitute valid service upon OWNER. If for any reason service of such process
upon such agent is not feasible, then in such event OWNER may be personally served with such
process out of this County and such service shall constitute valid service upon OWNER. OWNER
is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives
any and all objections and protests thereto. OWNER for itself, assigns and successors hereby
waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial
and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by
this reference as if fully set forth herein.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf
of OWNER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants
and represents that he or she/they has/have the authority to bind OWNER to the performance of
its obligations hereunder.
10.22 Prior Development Agreement. The parties acknowledge and agree that this
Agreement supersedes and replaces in its entirety Development Agreement No. 05-15 dated October
20, 2005 between the City and The Circle Inn Development & Management, Inc.and that the Prior
Development Agreement has expired in accordance with its te rms and is no longer in force or effect.
At the request of OWNER made on or after the Effective Date, CITY agrees, at no cost to CITY, to
execute and deliver to OWNER in recordable form any document that OWNER may submit to confirm
expiration of the Prior Development Agreement and the release of the Property therefrom.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement
on the last day and year set forth below.
SIGNATURES ON THE FOLLOWING PAGE(S)
3.A.5.b
Packet Pg. 241 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
24
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT NO. 18-2
BY AND BETWEEN
CITY OF SAN JACINTO
AND
MOUNTAIN STATES DEVELOPMENT, LLC
OWNER
MOUNTAIN STATES DEVELOPMENT,
LLC
By:
Michael Wright
Its:
Dated: _______________
CITY
CITY OF SAN JACINTO, a California
municipal corporation
By:
_____________, Mayor
Dated: _______________
ATTEST:
By:
Angela Walton, City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP,
City Attorney
3.A.5.b
Packet Pg. 242 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
A-1
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Real property in the City of San Jacinto, County of Riverside, State of California, described as
follows:
PARCEL A: (APN: 436-490-030-7)
THAT PORTION OF THE SOUTH HALF OF THE EAST HALF OF THE NORTH HALF
OF THE WEST HALF OF FARM LOT 153 OF THE LANDS OF THE SAN JACINTO LAND
ASSOCIATION, AS PER MAP RECORDED IN BOOK 8, PAGE 357 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THAT LIES
SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF PARCEL 4120-27C AS
DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. RIC 390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005
AS INSTRUMENT NO. 05-179523 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL B: (APN: 436-490-027-5)
THAT PORTION OF PARCEL 3 OF PARCEL MAP 9112, AS SHOWN BY MAP FILED IN
BOOK 40, PAGE(S) 20 AND 21 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, THAT LIES SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 4120-27D
AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. RIC 390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005
AS INSTRUMENT NO. 05-179523 OF OFFICIAL RECORDS OF SAID RIVERSIDE
COUNTY.
PARCEL C: (APN: 436-490-031-8)
THE NORTH 330.43 FEET OF THE SOUTH HALF OF THE WEST HALF OF FARM LOT 153
OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON
FILE IN BOOK 8, PAGE 357 OF MAPS, SAN DIEGO COUNTY RECORDS, THAT LIES
WESTERLY OF THE WESTERLY LINE OF PARCEL 4120-27A AS DESCRIBED IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. RIC
390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005 AS INSTRUMENT NO.
05·179523 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
3.A.5.b
Packet Pg. 243 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
B-1
EXHIBIT “B”
PROPERTY MAP
TENTATIVE TRACT MAP NO. 33716
3.A.5.b
Packet Pg. 244 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
C-1
EXHIBIT “C”
EXISTING DEVELOPMENT APPROVALS
TENTATIVE TRACT MAP NO. 33716; AND
FINAL CONDITIONS OF APPROVAL DATED ______________
3.A.5.b
Packet Pg. 245 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
D-1
EXHIBIT “D”
EXISTING LAND USE REGULATIONS
City of San Jacinto General Plan
City of San Jacinto General Plan Map
City of San Jacinto Development Code
City of San Jacinto Zoning Map
City of San Jacinto Municipal Code
3.A.5.b
Packet Pg. 246 Attachment: Development Agreement 18-2 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
February 19, 2019
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Development Agreement 18-2 - Mountain States Development, LLC
RECOMMENDATION:
Staff recommends that the City Council:
1. DETERMINE that the project was adequately analyzed in an earlier adopted
mitigated negative declaration for the Conditional Use Permit. Moreover, a
subsequent mitigated negative declaration is not required, because there are no
changed circumstances pursuant to Section 15162.
2. INTRODUCE Ordinance No. 19-07 for first reading, approving Development
Agreement No. 18-2 based upon the Planning Commission’s recommendation.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN JACINTO AND MOUNTAIN STATES
DEVELOPMENT, LLC.
3. AUTHORIZE the City Manager to execute a Development Agreement in
substantially the form attached hereto, subject to review by the City Attorney.
DISCUSSION:
On January 29, 2019, after conducting a public hearing, the Planning Commission unanimously
approved resolution 19-03 recommending that the City Council approve Development
Agreement 18-02.
Development Agreement 18-2 is a proposal to enter into a Development Agreement to extend
Tentative Tract Map 33716 for a term of five-years in exchange for a Fee.
On December 14, 2006, the Planning Commission recommended that the City Council Approve
TTM 33716, along with Change of Zone 6-05. The City Council approved the TTM 33716 and
Change of Zone 6-05 on April 14, 20007. The TTM was valid for twenty-four months after
approval. In addition, the TTM was eligible for four automatic State extensions and three one-
year City extensions, which brought the map expiration to April 14, 2019.
Tentative Tract Map 33716 is a proposal to subdivide 11.80 gross acres into 49 single family
residential lots located east side of Lyon Avenue, north of Seventh Street and bordered by the
Flood Control Channel to the north and east. The property was zoned Agricultural (A) and
4.2
Packet Pg. 138
3.A.5.c
Packet Pg. 247 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
through Change of Zone 6-05 was changed to Single Family Residential (R-1). In 2012, the City
adopted a new Land Use Map and the Zoning is now Residential Low Density (RL). The
General Plan designation is LDR, Low-Density Residential.
To prepare for and encourage new development in the coming years, staff is recommending that
the City enter into Development Agreements to provide an additional five-year extension for
expiring tentative tract maps, with the provision for one, two-year extension. The Development
agreement will extend Tentative Tract Map 33716 for five years, to provide additional time to
final the Map and develop the project. The project when built will provide additional housing
opportunities for the City.
The Development Agreement would have a positive fiscal impact for the City with infrastructure
improvements and homes being constructed and a Development Agreement Fee paid to the City.
The Development Agreement Fee will be in the amount of $1,200 per lot, paid at issuance of a
Certificate of Occupancy, which will be deposited in the City’s General Fund account. If a two-
year extension is granted, the Development Agreement Fee will increase to $2,000. There are no
Development Impact Fee credits associated with the proposed Development Agreement.
Development Agreement 18-2 has been prepared in accordance with the rules and regulations for
the review and processing of Development Agreement requests in the City. The proposed
development complies with the City’s General Plan.
Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto
is authorized to enter into Development Agreements with persons having legal or equitable
interests in real property for the development of such property.
ENVIRONMENTAL ANALYSIS:
The project was adequately analyzed in earlier an adopted mitigated negative declaration for the
Tentative Tract Map. Moreover, a subsequent mitigated negative declaration is not required,
because there are no changed circumstances pursuant to Section 15162.
FISCAL IMPACT:
The City’s General Fund will receive a DA Fee of $58,800 at $1,200 per unit if all 49 lots
are developed within the DA term.
ATTACHMENTS:
Ordinance 19-07
Development Agreement
Planning Commission Staff Report - 01-29-19
4.2
Packet Pg. 139
3.A.5.c
Packet Pg. 248 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
STATE OF CALIFORNIA ) ORDINANCE NO. 19-07
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT
AGREEMENT NO. 18-1 BETWEEN THE CITY OF SAN
JACINTO AND MOUNTAIN STATES DEVELOPMENT, LLC
WHEREAS, pursuant to Section 65864, et seq., of the California
Government Code, the City of San Jacinto (“City”) is authorized to enter into development
agreements with persons having legal or equitable interests in real property for the
development of such property; and
WHEREAS, Mountain States Development, LLC (“Owner”) is the owner of
Tentative Tract Map 33716, with respect to the Development Agreement; and
WHEREAS, City and Owner now seek to enter into Development
Agreement 18-2 attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement
generally consists of Tentative Tract Map 33716, a 11.80 gross acre, 49 lot single-family
residential subdivision and other related improvements (“Project”), located on the east
side of Lyon Avenue, north of Seventh Street and south of the flood control channel and
the purpose of Development Agreement is to extend the Tentative Tract Map for a period
of five years; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the
City’s requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, includes a
Development Agreement Fee to be paid by Owner to the City under the Development
Agreement; and
WHEREAS, the Development Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Property, ensure progressive
installation of necessary improvements, provide for public services appropriate to the
development of the Project, and generally serve the purposes for which development
agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, the project has been adequately analyzed in an earlier adopted
mitigated negative declaration and a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
4.2.a
Packet Pg. 140 Attachment: Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 249 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
2
WHEREAS, on January 29, 2019, the Planning Commission of the City of
San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on
Development Agreement 18-2, at which time all persons wishing to testify in connection
with Development Agreement 18-2 were heard and Development Agreement 18-2 was
comprehensively reviewed; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance
with the recommendation of the Planning Commission for the City of San Jacinto (the
“Planning Commission”), the City Council has determined that it can be seen with
certainty that the approval of the Development Agreement is not likely to have any effect
on the environment, and therefore further review is not necessary under CEQA and the
CEQA Guidelines; and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted
a duly noticed public hearing concerning the Development Agreement, at which time all
persons wishing to do so had an opportunity to provide testimony regarding the
Development Agreement, and at which time the City Council thoroughly reviewed the
Development Agreement; and
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are
incorporated herein and made an operative part of this Ordinance as
though fully set forth herein.
Section 2. Findings. Based on the entire record before the City Council, all
written and oral evidence presented to the City Council, and the
findings set forth in this Ordinance, the City Council adopts this
Ordinance and approves Development Agreement 18-2 based upon
the following findings:
A. That the Development Agreement aids in the
continued and consistent implementation of the Tentative
Tract Map, provides a financial benefit to the City in the form
of the Development Agreement Fee (as that term is defined in
the Development Agreement), and is therefore in the best
interest of the City.
B. That Development Agreement 18-2 is
consistent with the City’s General Plan and will allow the
Owner to complete the Project in a manner which the City
Council previously found to be consistent with the City’s
General Plan, and as recommend by the Planning
Commission, the City Council finds continues to be consistent
therewith.
4.2.a
Packet Pg. 141 Attachment: Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 250 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
3
C. That the Development Agreement 18-2 promotes the
public health, safety and welfare of the community because it will
permit and encourage the development of residential units in
accordance with the approved Tentative Tract Map and will allow for
the most efficient and logical development of the real property
governed by the Development Agreement in the City.
D. That the Project is covered under the Tentative Tract
Map, which provides for a single-family development, is therefore
compatible with the uses authorized in, and the regulations
prescribed for, the zone in which the real property subject to the
Development Agreement is located, and will not adversely affect the
orderly development of property or the preservation of property
values.
E. The Development Agreement is consistent with the
following General Plan Land Use Element goals and policies, and
will further important and officially recognized City wide goals and
policies, by allowing the Owner to develop the Project under the
terms of the Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct
Growth – This Land Use Element encourages development
consistent with the zoning of the property and provides for
adequate levels of public services and facilities to be provided
for the new development.
F. That Development Agreement 18-2 will provide the
City with important, tangible benefits including the Development
Agreement Fee provided for in the Agreement, and development of
the Tentative Tract Map.
Section 3. Adoption of Development Agreement 18-2. Based on the entire
record before the City Council, all written and oral evidence
presented to the City Council, and the findings set forth in this
Ordinance, the City Council hereby adopts Development Agreement
18-2, as set forth in Exhibit “A”.
Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA
and in accordance with the recommendation of the Planning
Commission for the City of San Jacinto, the City Council has
determined that the Project has been adequately analyzed in an
earlier adopted mitigated negative declaration, and a subsequent
mitigated negative declaration is not required because there are no
changed circumstances pursuant to Section 15162. Further, it can
be seen with certainty that the approval of the Development
Agreement is not likely to have any effect on the environment, and
4.2.a
Packet Pg. 142 Attachment: Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 251 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
4
therefore further review is not necessary under CEQA and the CEQA
Guidelines.
Section 5. Notice of Determination. Staff is directed to file a Notice of
Determination with the Riverside County Recorder’s Office within five
(5) working days of adoption of this Ordinance.
Section 6. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are
based are located at the City Clerk’s office located at 595 S. San
Jacinto Avenue, San Jacinto, CA 92583. The custodian for these
records is the City Clerk.
Section 7. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable. The
City Council hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion
thereof.
Section 8. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once
within 15 days of adoption in a newspaper of general circulation
printed and published within the City of San Jacinto, and shall post a
certified copy of this Ordinance, including the vote for and against
the same, in the Office of the City Clerk in accordance with
Government Code § 36933.
Introduced at a regular meeting of the City Council on the 19th day of February 2019.
4.2.a
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Packet Pg. 252 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
5
ORDINANCE NO. 19-07
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 19th day of March 2019, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
_______________________
Russell Utz, Mayor
ATTEST :
_____________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
4.2.a
Packet Pg. 144 Attachment: Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 253 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
6
CERTIFICATION
State of California )
County of Riverside) ss
City of San Jacinto)
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Ordinance No. 19-07 was introduced at a regular meeting
of the City Council of the City of San Jacinto on the 19th day of February 2019. Ordinance
No. 19-07 was passed, approved, and adopted by the City Council of the City of San
Jacinto, California, at a regular meeting of the City Council held on the 19th day of March
2019, by the following vote of at least four-fifths of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Witness my hand and seal the 19th day of March 2019.
_____________________________
Angela Walton, City Clerk
City of San Jacinto
4.2.a
Packet Pg. 145 Attachment: Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 254 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 18-2
BY AND BETWEEN THE CITY OF SAN JACINTO AND MOUNTAIN STATES
DEVELOPMENT, LLC
4.2.a
Packet Pg. 146 Attachment: Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 255 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
22242.00000\30164334.2
Recorded at request of: )
Clerk, City Council )
City of San Jacinto )
)
When recorded return to: )
City of San Jacinto )
595 S. San Jacinto Ave. )
San Jacinto, CA 92583 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 18-2
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF SAN JACINTO
and
MOUNTAIN STATES DEVELOPMENT, LLC,
a California limited liability company
4.2.b
Packet Pg. 147 Attachment: Development Agreement (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 256 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
22242.00000\30164334. 22
DEVELOPMENT AGREEMENT NO. 18-2
This Development Agreement (hereinafter “Agreement”) is entered into by and among the
City of San Jacinto, a California municipal corporation (hereinafter “CITY”), and Mountain States
Development, LLC, a California limited liability company (hereinafter “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of such property,
pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of certain governmental
and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review
by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and
welfare will be served by entering into this Agreement; and
WHEREAS, the environmental impacts of the Project and this Agreement, including the
Development Approvals, have previously been properly reviewed and assessed by CITY pursuant
to the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
(“CEQA”), California Code of Regulations Title 14, Section 15000 et seq. (the “CEQA
Guidelines”) and the CITY’s local CEQA guidelines; and
WHEREAS, on January 29, 2019, the City of San Jacinto Planning Commission conducted
a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do
so had an opportunity to provide testimony regarding this Agreement, and at which time the
Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the
City Council of the City of San Jacinto that the City Council approve and adopt this Agreement;
and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted a duly noticed
public hearing concerning this Agreement, at which time all persons wishing to do so had an
opportunity to provide testimony regarding this Agreement, and at which time the City Council
thoroughly reviewed this Agreement; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance with the
recommendation of the Planning Commission for the City of San Jacinto (the “Planning
Commission”), the City Council has determined that it can be seen with certainty that the approval
of this Agreement is not likely to have any effect on the environment, and therefore further review
is not necessary under CEQA and the CEQA Guidelines; and
4.2.b
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WHEREAS, on February 19, 2019, following the conclusion of the public hearing and
adoption of the Notice of Determination, the City Council conducted the first reading of the
ordinance approving and adopting this Agreement, and
WHEREAS on March 19, 2019, the City Council conducted a second reading (adoption)
of the ordinance approving and adopting this Agreement; and
WHEREAS, this Agreement and the Project are consistent with the CITY’s
Comprehensive General Plan and any Specific Plan applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Project, and generally serve the
purposes for which development agreements under Sections 65864 et seq. of the Government Code
are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to
assure development of the Property in accordance with this Agreement; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess
of the generally applicable requirements in order to assure vesting of legal rights to develop the
Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of San Jacinto, a municipal corporation, organized
and existing pursuant to the laws of the State of California.
1.1.3 “City Council” means the duly elected and constituted city council of CITY.
4.2.b
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1.1.4 “Dedication Requirement” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land
in order to lessen, offset, mitigate or compensate for the impacts of development on the
environment or other public interests.
1.1.5 “Development” means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property; the construction of buildings and structures; and
the installation of landscaping. “Development” does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.6 “Development Agreement Policies” means those certain development
agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002,
as amended.
1.1.7 “Development Approvals” means all permits and other entitlements for use,
subject to approval or issuance by CITY in connection with the Development, including, but not
limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans;
(d) zoning; and
(e) grading and building permits.
1.1.8 “Development Exaction” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land,
the construction of improvements or public facilities, or the payment of fees in order to lessen,
offset, mitigate or compensate for the impacts of development on the environment or other public
interests.
1.1.9 “Development Plan” means the Existing Development Approvals and the
Existing Land Use Regulations applicable to development of the Property.
1.1.10 “Effective Date” means the date the ordinance approving this Agreement
becomes effective.
1.1.11 “Existing Development Approvals” means all Development Approvals
approved or issued prior to the Effective Date. Existing Development Approvals includes the
Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public
record on the Effective Date.
4.2.b
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1.1.12 “Existing Land Use Regulations” means all Land Use Regulations in effect
on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein
as Exhibit “D” and all other Regulations which are a matter of public record on the Effective Date.
1.1.13 “Land Use Regulations” means all ordinances, resolutions, codes, rules,
regulations and official policies of CITY governing the development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement and construction standards
and specifications applicable to the development of the property. “Land Use Regulations” does
not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public property; and/or
(e) the exercise of the power of eminent domain.
1.1.14 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security-device lender, and their successors and assigns.
1.1.15 “OWNER” means the persons and entities listed as OWNER on page 1 of
this Agreement and its successor(s) in interest to all or any part of the Property.
1.1.16 “Planning Commission” means the duly appointed and constituted planning
commission of CITY.
1.1.17 “Project” means the development of the Property contemplated by the
Development Plan as such Development Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.18 “Property” means the real property described on Exhibit “A” and shown on
Exhibit “B” to this Agreement.
1.1.19 “Reservations of Authority” means the rights and authority excepted from
the assurances and rights provided to OWNER under this Agreement and reserved to CITY under
Section 3.6 of this Agreement.
1.1.20 “Subsequent Development Approvals” means all Development Approvals
required subsequent to the Effective Date in connection with the Development.
1.1.21 “Subsequent Land Use Regulations” means any Land Use Regulations
adopted and effective after the Effective Date of this Agreement.
4.2.b
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1.1.22 “TTM 33716” means Tentative Tract Map 33716, which is one of the
Existing Development Approvals and is described in Exhibit “C”.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
Exhibit “C” — Existing Development Approvals.
Exhibit “D” — Existing Land Use Regulations.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the owner of
the fee simple title to the Property or a portion thereof.
2.3 Term. The initial term of this Agreement shall commence on the Effective Date,
and shall continue for a period of five (5) years thereafter unless this term is modified or extended
pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this
Agreement may be extended one (1) time for an additional two (2) years following expiration of
the initial term, resulting in a total term of seven (7) years, provided the following have occurred:
(a) OWNER provides at least one hundred eighty (180) days’ written
notice to CITY prior to the expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.
The initial term and, if and upon extension, the two-year extended term, shall sometimes
be referred to herein collectively as the “Term.”
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm
or corporation at any time during the Term; provided, however, that any such sale, transfer or
assignment shall include the assignment and assumption of the rights, duties and obligations
arising under or from this Agreement and be made in strict compliance with the following
conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer or assignment of all or a part
of the Property.
4.2.b
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(b) Concurrent with any such sale, transfer or assignment, or within
fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer
or assignment and shall provide CITY with an executed agreement, in a form reasonably
acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the
purchaser, transferee or assignee expressly and unconditionally assumes all the duties and
obligations of OWNER under this Agreement.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b)
of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser,
transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser,
transferee or assignee until and unless such agreement is executed. OWNER shall have the right
to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and
interest in and to a credit or reimbursement provided for in this Agreement; provided however,
that the existence and extent of any such reservation shall be expressly referred to in the written
agreement required by Section 2.4.1(b), above.
2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or
assignment, a transferring OWNER shall continue to be obligated under this Agreement unless
such transferring OWNER is given a release in writing by CITY, which release shall be provided
by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part
of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed
agreement required under Paragraph (b) of Subsection 2.4.1 above.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after
an initial sale, transfer or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section.
2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the
sale or lease (for a period longer than one year) of any lot which has been finally subdivided and
is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user.
Notwithstanding any other provisions of this Agreement, this Agreement shall automatically
terminate with respect to any such lot and such lot shall be released and no longer be subject to
this Agreement without the execution or recordation of any further document upon satisfaction of
both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in
“bulk”) sold or leased (for a period longer than one year) to a member of the public or other
ultimate user; and
4.2.b
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(b) A certificate of occupancy has been issued for a building on the lot,
and the fees set forth under Section 4.2 of this Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868 and Article 5 of the Development Agreement Policies. This
provision shall not limit any remedy of CITY or OWNER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the
ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including issuance of all required occupancy permits and acceptance by CITY or applicable public
agency of all required dedications.
(e) Termination of this Agreement based on any default of OWNER and
following the termination proceedings required by Articles 7 and 8 of the Development Agreement
Policies.
Termination of this Agreement shall not constitute termination of any other land
use entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement. Upon such termination,
any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by
OWNER to CITY for residential units on which construction has not yet begun shall be refunded
to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records of the telegraph
4.2.b
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company after transmission by telegraph to the recipient named below. All notices shall be
addressed as follows:
If to CITY:
City of San Jacinto
595 S. San Jacinto Ave.
San Jacinto, CA 92583
Attn: City Manager
Telephone: (951) 487-7342
Facsimile: (951) 654-3728
Copy to:
Best, Best & Krieger, LLP
300 South Grand Ave.
25th Floor
Los Angeles, CA 90071
Attn: City Attorney
Telephone: (213) 617-8100
Facsimile: (213) 617-7480
If to OWNER:
Mountain States Development, LLC
Attn: Michael Wright
P.O. Box 2454
Rancho Santa Fe, CA 92067
(c) Either party may, by notice given at any time, require subsequent notices to
be given to another person or entity, whether a party or an officer or representative of a party, or
to a different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement, including the
Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance
with, and to the extent of, the Development Plan. The Project shall remain subject to all
Subsequent Development Approvals required to complete the Project as contemplated by the
Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the
Property, the density and intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation and dedication of land for public purposes shall be those set forth in the
Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement, including the Reservations of Authority, the rules, regulations and
official policies governing permitted uses of the Property, the density and intensity of use of the
Property, the maximum height and size of proposed buildings, and the design, improvement and
construction standards and specifications applicable to development of the Property shall be the
4.2.b
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Existing Land Use Regulations. In connection with any Subsequent Development Approval,
CITY shall exercise its discretion in accordance with the Development Plan, and as provided by
this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for
processing, review and action all applications for Subsequent Development Approvals, and such
applications shall be processed in the normal manner for processing such matters.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time
predict when or the rate at which phases of the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of OWNER, such as market orientation
and demand, interest rates, absorption, completion and other similar factors. Since the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that
the failure of the parties therein to provide for the timing of development resulted in a later adopted
initiative restricting the timing of development to prevail over such parties’ agreement, it is the
parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have
the right to develop the Property in such order and at such rate and at such times as OWNER deems
appropriate within the exercise of its subjective business judgment, subject only to any timing or
phasing requirements set forth in Section 3.4.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and
phasing requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require Subsequent Development Approvals and may demonstrate
that changes are appropriate and mutually desirable in the Existing Development Approvals. In
the event OWNER finds that a change in the Existing Development Approvals is necessary or
appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such
change and CITY shall process and act on such application in accordance with the Existing Land
Use Regulations, except as otherwise provided by this Agreement including the Reservations of
Authority. If approved, any such change in the Existing Development Approvals shall be
incorporated herein as an addendum to Exhibit “C”, and may be further changed from time to time
as provided in this Section. Unless otherwise required by law, as determined by the City Manager,
a change to the Existing Development Approvals shall be deemed “minor” and not require an
amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 of the Public Resources Code.
4.2.b
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3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by
CITY to cover the estimated actual costs to CITY of processing applications for Development
Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any other
matter of procedure.
(c) Regulations governing construction standards and specifications
including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code,
Electrical Code, Fire Code and Grading Code.
(d) Regulations imposing Dedication Requirements or Development
Exactions; provided, however, that no such subsequently adopted Dedication Requirements or
Development Exactions shall be applicable to development of the Property unless such Dedication
Requirements or Development Exactions are applied uniformly to development throughout the
CITY or within a defined area of benefit that includes the Property. No such subsequently adopted
Dedication Requirement or Development Exaction shall apply if its application to the Property
would physically prevent development of the Property for the uses and to the density or intensity
of development set forth in the Development Plan. In the event any such subsequently adopted
Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part,
as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such
subsequently adopted Dedication Requirement or Development Exaction for the fees paid under
Section 4.2 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations which may be in conflict with the Development Plan
but which are reasonably necessary to protect the public health and safety. To the extent possible,
any such regulations shall be applied and construed so as to provide OWNER with the rights and
assurances provided under this Agreement.
(f) Regulations which are not in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
development of the Property shall be deemed to conflict with the Development Plan and shall
therefore not be applicable to the development of the Property.
(g) Regulations which are in conflict with the Development Plan
provided OWNER has given written consent to the application of such regulations to development
of the Property.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use
Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent
4.2.b
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CITY from denying or conditionally approving any Subsequent Development Approval on the
basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict
with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State
or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or
preclude compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such State or
Federal laws or regulations, provided, however, that this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws
or regulations do not render such remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This
Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such
power and authority which cannot be restricted by contract.
3.7 Public Works. If OWNER is required by this Agreement to construct any public
works facilities which will be dedicated to CITY or any other public agency upon completion, and
if required by applicable laws to do so, OWNER shall perform such work in the same manner and
subject to the same requirements and standards as would be applicable to CITY or such other
public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is
required to construct any public improvement on land not owned by OWNER, OWNER shall at
its sole cost and expense provide, or cause to be provided, the real property interests necessary for
the construction of such public improvements. In the event OWNER is unable, after exercising
reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the
Civil Code, to acquire the real property interests necessary for the construction of such public
improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate
security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary
real property interests to allow OWNER to construct the public improvements as required by this
Agreement and, if necessary, in accordance with the procedures established by law, use its power
of eminent domain to acquire such required real property interests. OWNER shall pay all costs
associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by
the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public
improvements on land not owned by OWNER, except to the extent that the OWNER elects to
proceed with the development of the Project, and then only in accordance with valid conditions
imposed by the CITY upon the Development under the Subdivision Map Act or other legal
authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
Development separately from or jointly with CITY and this Agreement does not limit the authority
of such other public agencies.
4.2.b
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3.10 Tentative Tract Map Extension. The term of TTM 33716 and any tentative tract
map(s), tentative subdivision map(s) or tentative parcel map(s) heretofore or hereafter approved in
connection with the Development shall expire upon the expiration or earlier termination of this
Agreement. Said term of such map(s) shall be the sole and exclusive term and shall be in lieu of
any other term or term extension provided for pursuant to the Subdivision Map Act, CITY
ordinance, or any combination thereof.
3.11 Amendment(s) to Tentative Tract Map(s); Recordation of Final Tract Map(s). Any
amendment to an existing tentative tract map, heretofore or hereafter approved in connection with
the Development, which is deemed “minor” in accordance with Section 3.5 of this Agreement
shall not require an amendment to this Agreement. If and upon OWNER’s election to exercise the
term extension authorized under Section 2.3 of this Agreement, during such two-year extended
term, all conditions of approval for any tentative tract map identified under this Agreement shall
be reviewed for changed circumstances and modifications may be required. Subject to applicable
provisions of the Subdivision Map Act (Government Code Section 66410 et seq.), OWNER may
record final tract maps on a phased basis.
3.12 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or
final parcel map, heretofore or hereafter approved in connection with the Development, is a vesting
map under the Subdivision Map Act and if this Agreement is determined by a final judgment to be
invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that
extent the rights and protections afforded OWNER under the laws and ordinances applicable to
vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately
above, development of the Property shall occur only as provided in this Agreement, and the
provisions in this Agreement shall be controlling over any conflicting provision of law or
ordinance concerning vesting maps.
3.13 Utilities. In accordance with Section 201(h) of the Development Agreement
Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer,
gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for
CITY-owned or operated utilities serving the Project for such prices and on such terms as may be
mutually agreed to between the parties.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that the Development will result in
substantial public needs which will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial private benefits on OWNER which
should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on OWNER by providing
more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Agreement Fee. In addition to the other obligations of OWNER
contained in this Agreement, the Project shall also be subject to a “Development Agreement Fee.”
The Development Agreement Fee shall be paid to CITY and shall cover the initial term of five (5)
years of this Agreement. The Development Agreement Fee shall be One Thousand Two Hundred
Dollars ($1,200.00) per residential unit for the initial term of five (5) years of this Agreement. If
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and upon OWNER’s election to exercise the term extension authorized under Section 2.3 of this
Agreement, the Development Agreement Fee shall increase to Two Thousand Dollars ($2,000.00)
per residential unit for the extended term of two (2) years of this Agreement. In addition, during
such two-year extended term, all conditions of approval for any tentative tract map identified under
this Agreement shall be reviewed for changed circumstances and modifications may be required.
The Development Agreement Fee shall not be used to offset any Development Impact Fee(s).
OWNER shall not be entitled to any credit against the Development Agreement Fee resulting from
OWNER’s provision of public improvements as required by the Development Plan or this
Agreement.
4.2.1 Time of Payment. The Development Agreement Fee required pursuant to
Section 4.2 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the
certificate of occupancy for each residential unit. No fees shall be payable for building permits
issued prior to the Effective Date of this Agreement, but the Development Agreement Fee required
pursuant to Section 4.3 shall be paid prior to the re-issuance or extension of any building permit
for a residential unit for which such Development Agreement Fee has not previously been paid.
4.2.2 Development Agreement Processing Fee and Deposit(s). In addition to the
Development Agreement Fee, OWNER has paid the CITY a one-time fee separately for processing
of the Development Agreement (“Development Agreement Processing Fee”) in the amount of Five
Thousand Dollars ($5,500.00) and an Administration Fee of Seven Hundred Fifty Dollars
($880.00) (“Administration Fee”). In addition, OWNER has paid CITY separately a deposit for
the planning and legal costs associated with the preparation and processing of the Development
Agreement. The planning and legal deposit (“Legal Expense Deposit”) shall be in the amount of
Five Thousand Dollars ($5,870.00). CITY acknowledges receipt of OWNER’s prior payment of
the Development Agreement Processing Fee, Administration Fee and Legal Expense Deposit.
Should the planning and legal costs associated with the preparation and processing of the
Development Agreement exceed OWNER’s Legal Expense Deposit, CITY reserves the right to
require OWNER to pay an additional deposit prior to recordation to cover the cost of such planning
and legal services.
4.3 Other Fees. In addition to the Development Agreement Fee, Development
Agreement Processing Fee, Administration Fee, and Legal Expense Deposit(s), and other
obligations of OWNER contained in this Agreement, OWNER shall also be responsible for
payment of all Transportation Uniform Mitigation Fees (TUMF) and Multiple Species Habitat
Conservation Plan Fees (MSHCP). Further, OWNER additionally shall be responsible for
payment of all relevant fees for Community Facilities District (CFD), Assessment District (AD),
and Landscape, Lighting and Park District No. 2 (LLPD No. 2), as applicable to the Property.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate, CITY and OWNER will cooperate in the formation of any special
assessment district, community facilities district or alternate financing mechanism to pay for the
construction and/or maintenance and operation of public infrastructure facilities required as part
of the Development Plan. CITY also agrees that, to the extent any such district or other financing
entity is formed and sells bonds in order to finance such reimbursements, OWNER may be
reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of
4.2.b
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public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that
nothing contained in this Agreement shall be construed as requiring CITY or the City Council to
form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Development Director shall review this Agreement annually,
on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance
by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring
Report, in a form acceptable to the Development Director, within thirty (30) days after written
notice from the Development Director. The Annual Monitoring Report shall be accompanied by
an annual review and administration fee sufficient to defray the estimated costs of review and
administration of this Agreement during the succeeding year. The amount of the annual review
and administration fee shall be set annually by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of compliance with
this Agreement at any time. The Development Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be
required to demonstrate good faith compliance with the terms of this Agreement. The burden of
proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Development
Director shall submit a report to the City Council setting forth the evidence concerning good faith
compliance by OWNER with the terms of this Agreement and his or her recommended finding on
that issue.
(c) If the City Council finds on the basis of substantial evidence that OWNER
has complied in good faith with the terms and conditions of this Agreement, the review shall be
concluded.
(d) If the City Council makes a preliminary finding that OWNER has not
complied in good faith with the terms and conditions of this Agreement, the Council may modify
or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as
provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent
with, proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section
6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall
give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10)
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify
the Agreement; and
4.2.b
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(c) Such other information as is reasonably necessary to inform OWNER of the
nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing
on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall
be required to demonstrate good faith compliance with the terms and conditions of this Agreement.
The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon
substantial evidence, that OWNER has not complied in good faith with the terms or conditions of
the Agreement, the City Council may terminate this Agreement or modify this Agreement and
impose such conditions as are reasonably necessary to protect the interests of the CITY. The
decision of the City Council shall be final, subject only to judicial review pursuant to Section
1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special
review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by
OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that
after the most recent periodic or special review and based upon the information known or made
known to the Development Director and City Council that (1) this Agreement remains in effect
and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain
information necessary to communicate constructive record notice of the finding of compliance,
shall state whether the Certificate is issued after a periodic or special review and shall state the
anticipated date of commencement of the next periodic review. OWNER may record the
Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER,
CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special
review, but was concealed from or otherwise not known to the Development Director or City
Council.
6.7 Estoppel Certificates. A party may at any time deliver written notice to the other
party requesting an estoppel certificate (the “Estoppel Certificate”). A party receiving a request
for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty
(30) days after receipt of the request. The Planning Director or any person designated by the City
Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized
representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to
be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate from the
other, the requesting party shall reimburse the other party for all reasonable and direct costs and
fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall
address issues such as whether:
(a) The Agreement is in full force and effect and is a binding obligation of the
parties.
(b) The Agreement has been amended or modified either orally or in writing
and, if so amended, identifying the amendments.
(c) A default in the performance of the requesting party’s obligations under the
4.2.b
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Agreement exists and, if a default does exist, the nature and amount of any default.
Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or
OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default
existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise
not known to the preparing party.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for
the breach of any provision of this Agreement, except that CITY shall not be liable in damages to
OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER
covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises
out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed
or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
7.2 Specific Performance. The parties acknowledge that money damages and remedies
at law generally are inadequate and specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this Agreement and should be available
to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1
above.
(b) Due to the size, nature and scope of the project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this Agreement has
begun. After such implementation, OWNER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. OWNER has invested significant time and resources
and performed extensive planning and processing of the Project in agreeing to the terms of this
Agreement and will be investing even more significant time and resources in implementing the
Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum
of money which would adequately compensate OWNER for such efforts.
7.3 Release. Except for nondamage remedies, including the remedy of specific
performance and judicial review as provided for in Section 7.2, OWNER, for itself, its successors
and assignees, hereby releases the CITY, its officers, agents and employees from any and all
claims, demands, actions, or suits of any kind or nature arising out of any liability, known or
4.2.b
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unknown, present or future, including, but not limited to, any claim or liability, based or asserted,
pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United
States Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms
of this Agreement.
7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the
provisions contained in Subsection 7.5 herein, CITY may terminate or modify this Agreement for
any failure of OWNER to perform any material duty or obligation of OWNER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
“default”); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to OWNER of default setting forth the nature of the
default and the actions, if any, required by OWNER to cure such default and, where the default
can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60-day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
7.5 Termination of Agreement for Default of CITY. OWNER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of
the default and the actions, if any, required by CITY to cure such default and, where the default
can be cured, CITY has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60 day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent
with its Comprehensive General Plan (“General Plan”), and that the General Plan meets all
requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s
determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to
perform under this Agreement or the inability of OWNER to develop the Property as contemplated
by the Development Plan as the result of a judicial determination that on the Effective Date, or at
any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in
compliance with law.
8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its
expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and
employees from any claim, action or proceeding against CITY, its agents, officers, or employees
to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit
granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim,
4.2.b
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action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify
OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense,
OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY
may in its discretion participate in the defense of any such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify
and hold CITY, its officers, agents, employees and independent contractors free and harmless from
any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers,
agents, employees, subcontractors and independent contractors, for property damage, bodily
injury, or death (OWNER’s employees included) or any other element of damage of any kind or
nature, relating to or in any way connected with or arising from the activities contemplated
hereunder, including, but not limited to, the study, design, engineering, construction, completion,
failure and conveyance of the public improvements, save and except claims for damages arising
through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at
its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent
contractors in any legal action based upon such alleged acts or omissions. CITY may in its
discretion participate in the defense of any such legal action.
8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation of any federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property, including, but not limited to, soil and groundwater conditions, and OWNER
shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may in its discretion
participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY
reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise
engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2)
conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for
any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing
and accounting therefor.
8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any
manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
financing with respect to the Property. CITY acknowledges that the lenders providing such
financing may require certain Agreement interpretations and modifications and agrees upon
request, from time to time, to meet with OWNER and representatives of such lenders to negotiate
in good faith any such request for interpretation or modification. CITY will not unreasonably
4.2.b
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withhold its consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this Agreement. Any
Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property,
or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of
any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of
any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or
duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants
of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent
that any covenant to be performed by OWNER is a condition precedent to the performance of a
covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s
performance hereunder, and further provided that any sale, transfer or assignment by any
Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the County Recorder by the City Clerk within the period required
by Section 65868.5 of the Government Code.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements which are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall
be admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
4.2.b
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therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions are determined to
be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be employed in
interpreting this Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the
Property is owned, in whole or in part, by more than one OWNER, all obligations of such
OWNERS under this Agreement shall be joint and several, and the default of any such OWNER
shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single
lot which has been finally subdivided and sold to such OWNER as a member of the general public
or otherwise as an ultimate user shall have any obligation under this Agreement except as provided
under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party’s right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and
other labor difficulties beyond the party’s control, (including the party’s employment force),
government regulations, court actions (such as restraining orders or injunctions), or other causes
beyond the party’s control. If any such events shall occur, the term of this Agreement and the time
for performance by either party of any of its obligations hereunder may be extended by the written
agreement of the parties for the period of time that such events prevented such performance,
provided that the term of this Agreement shall not be extended under any circumstances for more
than five (5) years.
4.2.b
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10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby
of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon
every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is
binding upon each party and each successor in interest during ownership of the Property or any
portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Riverside, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and OWNER is that of a government entity
regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation
4.2.b
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of a natural person residing in the State of California, giving his or her name, residence and
business addresses, as its agent for the purpose of service of process in any court action arising out
of or based upon this Agreement, and the delivery to such agent of a copy of any process in any
such action shall constitute valid service upon OWNER. If for any reason service of such process
upon such agent is not feasible, then in such event OWNER may be personally served with such
process out of this County and such service shall constitute valid service upon OWNER. OWNER
is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives
any and all objections and protests thereto. OWNER for itself, assigns and successors hereby
waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial
and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by
this reference as if fully set forth herein.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf
of OWNER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants
and represents that he or she/they has/have the authority to bind OWNER to the performance of
its obligations hereunder.
10.22 Prior Development Agreement. The parties acknowledge and agree that this
Agreement supersedes and replaces in its entirety Development Agreement No. 05-15 dated October
20, 2005 between the City and The Circle Inn Development & Management, Inc.and that the Prior
Development Agreement has expired in accordance with its terms and is no longer in force or effect.
At the request of OWNER made on or after the Effective Date, CITY agrees, at no cost to CITY, to
execute and deliver to OWNER in recordable form any document that OWNER may submit to confirm
expiration of the Prior Development Agreement and the release of the Property therefrom.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement
on the last day and year set forth below.
SIGNATURES ON THE FOLLOWING PAGE(S)
4.2.b
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Packet Pg. 278 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
24
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT NO. 18-2
BY AND BETWEEN
CITY OF SAN JACINTO
AND
MOUNTAIN STATES DEVELOPMENT, LLC
OWNER
MOUNTAIN STATES DEVELOPMENT,
LLC
By:
Michael Wright
Its:
Dated: _______________
CITY
CITY OF SAN JACINTO, a California
municipal corporation
By:
_____________, Mayor
Dated: _______________
ATTEST:
By:
Angela Walton, City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP,
City Attorney
4.2.b
Packet Pg. 170 Attachment: Development Agreement (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 279 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
A-1
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Real property in the City of San Jacinto, County of Riverside, State of California, described as
follows:
PARCEL A: (APN: 436-490-030-7)
THAT PORTION OF THE SOUTH HALF OF THE EAST HALF OF THE NORTH HALF
OF THE WEST HALF OF FARM LOT 153 OF THE LANDS OF THE SAN JACINT O LAND
ASSOCIATION, AS PER MAP RECORDED IN BOOK 8, PAGE 357 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THAT LIES
SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF PARCEL 4120-27C AS
DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. RIC 390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005
AS INSTRUMENT NO. 05-179523 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL B: (APN: 436-490-027-5)
THAT PORTION OF PARCEL 3 OF PARCEL MAP 9112, AS SHOWN BY MAP FILED IN
BOOK 40, PAGE(S) 20 AND 21 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, THAT LIES SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 4120-27D
AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. RIC 390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005
AS INSTRUMENT NO. 05-179523 OF OFFICIAL RECORDS OF SAID RIVERSIDE
COUNTY.
PARCEL C: (APN: 436-490-031-8)
THE NORTH 330.43 FEET OF THE SOUTH HALF OF THE WEST HALF OF FARM LOT 153
OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON
FILE IN BOOK 8, PAGE 357 OF MAPS, SAN DIEGO COUNTY RECORDS, THAT LIES
WESTERLY OF THE WESTERLY LINE OF PARCEL 4120-27A AS DESCRIBED IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. RIC
390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005 AS INSTRUMENT NO.
05·179523 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
4.2.b
Packet Pg. 171 Attachment: Development Agreement (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 280 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
B-1
EXHIBIT “B”
PROPERTY MAP
TENTATIVE TRACT MAP NO. 33716
4.2.b
Packet Pg. 172 Attachment: Development Agreement (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 281 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
C-1
EXHIBIT “C”
EXISTING DEVELOPMENT APPROVALS
x TENTATIVE TRACT MAP NO. 33716; AND
x FINAL CONDITIONS OF APPROVAL DATED ______________
4.2.b
Packet Pg. 173 Attachment: Development Agreement (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 282 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
D-1
EXHIBIT “D”
EXISTING LAND USE REGULATIONS
City of San Jacinto General Plan
City of San Jacinto General Plan Map
City of San Jacinto Development Code
City of San Jacinto Zoning Map
City of San Jacinto Municipal Code
4.2.b
Packet Pg. 174 Attachment: Development Agreement (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 283 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
January 29, 2019
TO: Planning Commission
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Development Agreement 18-2 - Mountain States Development, LLC
RECOMMENDATION:
Staff recommends that the Planning Commission Adopt Resolution No. 19-03 recommending
that the City Council adopt an Ordinance approving Development Agreement No. 18-2.
PROJECT DESCRIPTION:
Development Agreement 18-2 is a proposal to enter into a Development Agreement to extend
Tentative Tract Map 33716 for a term of five-years in exchange for a Fee.
BACKGROUND:
On December 14, 2006, the Planning Commission recommended that the City Council Approve
TTM 33716, along with Change of Zone 6-05. The City Council approved the TTM 33716 and
Change of Zone 6-05 on April 14, 20007. The TTM was valid for twenty-four months after
approval. In addition, the TTM was eligible for four automatic State extensions and three one-
year City extensions, which brought the map expiration to April 14, 2019.
Tentative Tract Map 33716 is a proposal to subdivide 11.80 gross acres into 49 single family
residential lots located east side of Lyon Avenue, north of Seventh Street and bordered by the
Flood Control Channel to the north and east. The property was zoned Agricultural (A) and
through Change of Zone 6-05 was changed to Single Family Residential (R-1). In 2012, the City
adopted a new Land Use Map and the Zoning is now Residential Low Density (RL). The
General Plan designation is LDR, Low-Density Residential.
The project site is currently vacant and is generally flat. Surrounding uses include a park and
existing single-family homes to the west, a flood control channel to the north and east, and low-
density single-family homes and vacant land to the south.
Tentative Tract Map Extensions
Due to the recent recession, the State of California passed Bills that provided four automatic
extensions for Tentative Tract Maps, all of which TTM 33716 was eligible for. The following
table outlines the Bills and the revised expiration dates for the TTM:
4.3
Packet Pg. 127
4.2.c
Packet Pg. 175 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 284 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
State Bill Expiration Date
Senate Bill 1185 Automatic One-Year Time Extension April 14, 2010
Assembly Bill 333 Automatic Two -Year Time Extension April 14, 2012
Assembly Bill 208 Automatic Two -Year Time Extension April 14, 2014
Assembly Bill 116 Automatic Two Year Time Extension April 14, 2016
The four automatic extensions provided a total of seven additional years to the life of TTM
33716.
The City of San Jacinto Municipal Code provides for three one-year extensions, of which all
were granted, extending the TTM to April 14, 2019.
DISCUSSION/ANALYSIS
To prepare for and encourage new development in the coming years, staff is recommending that
the City enter into Development Agreements to provide an additional five-year extension for
expiring tentative tract maps, with the provision for one, two-year extension. The Development
agreement will extend Tentative Tract Map 33716 for five years, to provide additional time to
final the Map and develop the project. The project when built will provide additional housing
opportunities for the City.
The Development Agreement would have a positive fiscal impact for the City with infrastructure
improvements and homes being constructed and a Development Agreement Fee paid to the City.
The Development Agreement Fee will be in the amount of $1,200 per lot, paid at issuance of a
Certificate of Occupancy, which will be deposited in the City’s General Fund account. If a two-
year extension is granted, the Development Agreement Fee will increase to $2,000. There are no
Development Impact Fee credits associated with the proposed Development Agreement.
Development Agreement 18-2 has been prepared in accordance with the rules and regulations for
the review and processing of Development Agreement requests in the City. The proposed
development complies with the City’s General Plan.
Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto
is authorized to enter into Development Agreements with persons having legal or equitable
interests in real property for the development of such property.
ENVIRONMENTAL ANALYSIS
The project was adequately analyzed in earlier an adopted mitigated negative declaration for the
Tentative Tract Map. Moreover, a subsequent mitigated negative declaration is not required,
because there are no changed circumstances pursuant to Section 15172.
4.3
Packet Pg. 128
4.2.c
Packet Pg. 176 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 285 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
FISCAL IMPACT
The City’s General Fund will receive a DA Fee of $58,800.00 at $1,200.00 per unit if all 49 lots
are developed within the DA term.
ATTACHMENTS:
01 Planning Commission Resolution 19-03
02 Ordinance 19-07
03 DA 18-2 Development Agreement TTM 33716
04 Aerial Map
05 General Plan Map
06 Zoning Map
07 Tentative Tract Map 33716
4.3
Packet Pg. 129
4.2.c
Packet Pg. 177 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 286 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
RESOLUTION NO. 19-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT DEVELOPMENT
AGREEMENT NO. 18-2 BETWEEN THE CITY OF SAN
JACINTO AND MOUNTAIN STATES DEVELOPMENT, LLC
WHEREAS, pursuant to Section 65864, et seq., of the California Government
Code, the City of San Jacinto (“City”) is authorized to enter into development agreements
with persons having legal or equitable interests in real property for the development of such
property; and
WHEREAS, Mountain States Development, LLC (“Owner”) is the owner of
Tentative Tract Map 333716 with respect to the Development Agreement; and
WHEREAS, City and Owner now seek to enter into Development Agreement
18-2 attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement generally
consists of Tentative Tract Map 33716, a 11.80 gross acre, 49 lot single-family residential
subdivision (“Project”), located on the east side of Lyon Avenue, north of Seventh Street
and south of the flood control channel; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the
City’s requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, extends Tentative
Tract Map 33716 for a period of five years, includes a Development Agreement fee to be
paid by Owner to the City under the Development Agreement, and includes other
provisions for the extension; and
WHEREAS, the project has been adequately analyzed in an earlier adopted
mitigated negative declaration and a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
WHEREAS, on January 29, 2019 the Planning Commission of the City of San
Jacinto (“Planning Commission”) conducted a duly noticed public hearing on Development
Agreement 18-2 at which time all persons wishing to testify in connection with Development
Agreement 18-2 were heard and Development Agreement 18-2 was comprehensively
reviewed; and
4.3.a
Packet Pg. 130 Attachment: 01 Planning Commission Resolution 19-03 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 178 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 287 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
2
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO
RESOLVES AS FOLLOWS:
SECTION 1. Based on the entire record before the Planning Commission, all
written and oral evidence presented to the Planning Commission, and the findings set forth
in this Resolution, the Planning Commission recommends that the City Council of the City
of San Jacinto approve by ordinance Development Agreement 18-2 as set forth in Exhibit
“A” attached hereto and incorporated herein by reference, based upon t he following
findings:
A. That the Development Agreement, aids in the continued and
consistent implementation of the Tentative Tract Map, provides a financial benefit to the
City in the form of the Development Agreement Fee (as that term is defined in the
Development Agreement), and is therefore in the best interest of the City.
B. That the Development Agreement is consistent with the City’s General
Plan and will allow the Owner to complete the Project in a manner which the City Council
previously found to be consistent with the City’s General Plan, and which the Planning
Commission finds continues to be consistent therewith.
C. That the Development Agreement promotes the public health, safety
and welfare of the community because it will permit and encourage the development of
residential units in accordance with the approved Tentative Tract Map, and will allow for the
most efficient and logical development of the real property governed by the Development
Agreement in the City.
D. That the Project is covered under the Tentative Tract Map, which
provides for single-family development, is therefore compatible with the uses authorized in,
and the regulations prescribed for, the zone in which the real property subject to the
Development Agreement is located, and will not adversely affect the orderly development
of property or the preservation of property values.
E. By providing extending the Tentative Map for a period of five-year term
of the Development Agreement, it is consistent with the following General Plan Land Use
Element goals and policies, and will further important and officially recognized City wide
goals and policies, by allowing the Owner to develop the project under the terms of the
Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct Growth – This
Land Use Element encourages development consistent with the zoning of the property and
provides for adequate levels of public services and facilities to be provided for the new
development.
F. That Development Agreement 18-2 will provide the City with important,
4.3.a
Packet Pg. 131 Attachment: 01 Planning Commission Resolution 19-03 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 179 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 288 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
3
tangible benefits including the Development Agreement Fee provided for in the Agreement,
and development of the Tract Map.
SECTION 2. Based on the entire record before the Planning Commission, all
written and oral evidence presented to the Planning Commission, and the findings set forth
in this Resolution, the Planning Commission recommends that the City Council of the City
of San Jacinto adopt Development Agreement 18-2 as set forth in Exhibit “A”.
SECTION 3. The Planning Commission finds that the project has been
adequately analyzed in earlier adopted mitigated negative declarations and a subsequent
mitigated negative declaration is not required, because there are no changed
circumstances pursuant to Section 15162 of the California Environmental Quality Act.
SECTION 4. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED, this 29th day of January 2019.
________________________
Chairman
ATTEST:
__________________________________
Planning Commission Secretary
4.3.a
Packet Pg. 132 Attachment: 01 Planning Commission Resolution 19-03 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 180 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 289 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
Exhibit A
EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 18-1
BY AND BETWEEN
THE CITY OF SAN JACINTO AND MOUNTAIN STATES DEVELOPMENT, LLC
4.3.a
Packet Pg. 133 Attachment: 01 Planning Commission Resolution 19-03 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 181 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 290 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
STATE OF CALIFORNIA ) ORDINANCE NO. 19-07
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT
AGREEMENT NO. 18-1 BETWEEN THE CITY OF SAN
JACINTO AND MOUNTAIN STATES DEVELOPMENT, LLC
WHEREAS, pursuant to Section 65864, et seq., of the California
Government Code, the City of San Jacinto (“City”) is authorized to enter into development
agreements with persons having legal or equitable interests in real property for the
development of such property; and
WHEREAS, Mountain States Development, LLC (“Owner”) is the owner of
Tentative Tract Map 33716, with respect to the Development Agreement; and
WHEREAS, City and Owner now seek to enter into Development
Agreement 18-2 attached hereto as Exhibit “A;” and
WHEREAS, the project covered under the Development Agreement
generally consists of Tentative Tract Map 33716, a 11.80 gross acre, 49 lot single-family
residential subdivision and other related improvements (“Project”), located on the east
side of Lyon Avenue, north of Seventh Street and south of the flood control channel and
the purpose of Development Agreement is to extend the Tentative Tract Map for a period
of five years; and
WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the
City’s requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, includes a
Development Agreement Fee to be paid by Owner to the City under the Development
Agreement; and
WHEREAS, the Development Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Property, ensure progressive
installation of necessary improvements, provide for public services appropriate to the
development of the Project, and generally serve the purposes for which development
agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, the project has been adequately analyzed in an earlier adopted
mitigated negative declaration and a subsequent mitigated negative declaration is not
required, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
4.3.b
Packet Pg. 134 Attachment: 02 Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 182 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 291 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
2
WHEREAS, on January 29, 2019, the Planning Commission of the City of
San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on
Development Agreement 18-2, at which time all persons wishing to testify in connection
with Development Agreement 18-2 were heard and Development Agreement 18-2 was
comprehensively reviewed; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance
with the recommendation of the Planning Commission for the City of San Jacinto (the
“Planning Commission”), the City Council has determined that it can be seen with
certainty that the approval of the Development Agreement is not likely to have any effect
on the environment, and therefore further review is not necessary under CEQA and the
CEQA Guidelines; and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted
a duly noticed public hearing concerning the Development Agreement, at which time all
persons wishing to do so had an opportunity to provide testimony regarding the
Development Agreement, and at which time the City Council thoroughly reviewed the
Development Agreement; and
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are
incorporated herein and made an operative part of this Ordinance as
though fully set forth herein.
Section 2. Findings. Based on the entire record before the City Council, all
written and oral evidence presented to the City Council, and the
findings set forth in this Ordinance, the City Council adopts this
Ordinance and approves Development Agreement 18-2 based upon
the following findings:
A. That the Development Agreement aids in the
continued and consistent implementation of the Tentative
Tract Map, provides a financial benefit to the City in the form
of the Development Agreement Fee (as that term is defined in
the Development Agreement), and is therefore in the best
interest of the City.
B. That Development Agreement 18-2 is
consistent with the City’s General Plan and will allow the
Owner to complete the Project in a manner which the City
Council previously found to be consistent with the City’s
General Plan, and as recommend by the Planning
Commission, the City Council finds continues to be consistent
therewith.
4.3.b
Packet Pg. 135 Attachment: 02 Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 183 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 292 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
3
C. That the Development Agreement 18-2 promotes the
public health, safety and welfare of the community because it will
permit and encourage the development of residential units in
accordance with the approved Tentative Tract Map and will allow for
the most efficient and logical development of the real property
governed by the Development Agreement in the City.
D. That the Project is covered under the Tentative Tract
Map, which provides for a single-family development, is therefore
compatible with the uses authorized in, and the regulations
prescribed for, the zone in which the real property subject to the
Development Agreement is located, and will not adversely affect the
orderly development of property or the preservation of property
values.
E. The Development Agreement is consistent with the
following General Plan Land Use Element goals and policies, and
will further important and officially recognized City wide goals and
policies, by allowing the Owner to develop the Project under the
terms of the Development Agreement:
(i) Land Use Element No. 4 – Manage and Direct
Growth – This Land Use Element encourages development
consistent with the zoning of the property and provides for
adequate levels of public services and facilities to be provided
for the new development.
F. That Development Agreement 18-2 will provide the
City with important, tangible benefits including the Development
Agreement Fee provided for in the Agreement, and development of
the Tentative Tract Map.
Section 3. Adoption of Development Agreement 18-2. Based on the entire
record before the City Council, all written and oral evidence
presented to the City Council, and the findings set forth in this
Ordinance, the City Council hereby adopts Development Agreement
18-2, as set forth in Exhibit “A”.
Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA
and in accordance with the recommendation of the Planning
Commission for the City of San Jacinto, the City Council has
determined that the Project has been adequately analyzed in an
earlier adopted mitigated negative declaration, and a subsequent
mitigated negative declaration is not required because there are no
changed circumstances pursuant to Section 15162. Further, it can
be seen with certainty that the approval of the Development
Agreement is not likely to have any effect on the environment, and
4.3.b
Packet Pg. 136 Attachment: 02 Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 184 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 293 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
4
therefore further review is not necessary under CEQA and the CEQA
Guidelines.
Section 5. Notice of Determination. Staff is directed to file a Notice of
Determination with the Riverside County Recorder’s Office within five
(5) working days of adoption of this Ordinance.
Section 6. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are
based are located at the City Clerk’s office located at 595 S. San
Jacinto Avenue, San Jacinto, CA 92583. The custodian for these
records is the City Clerk.
Section 7. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable. The
City Council hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion
thereof.
Section 8. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once
within 15 days of adoption in a newspaper of general circulation
printed and published within the City of San Jacinto, and shall post a
certified copy of this Ordinance, including the vote for and against
the same, in the Office of the City Clerk in accordance with
Government Code § 36933.
Introduced at a regular meeting of the City Council on the 19th day of February 2019.
4.3.b
Packet Pg. 137 Attachment: 02 Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 185 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 294 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
5
ORDINANCE NO. 19-07
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 19th day of March 2019, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
_______________________
Russell Utz, Mayor
ATTEST :
_____________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
4.3.b
Packet Pg. 138 Attachment: 02 Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 186 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 295 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
6
CERTIFICATION
State of California )
County of Riverside) ss
City of San Jacinto)
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Ordinance No. 19-07 was introduced at a regular meeting
of the City Council of the City of San Jacinto on the 19th day of February 2019. Ordinance
No. 19-07 was passed, approved, and adopted by the City Council of the City of San
Jacinto, California, at a regular meeting of the City Council held on the 19th day of March
2019, by the following vote of at least four-fifths of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Witness my hand and seal the 19th day of March 2019.
_____________________________
Angela Walton, City Clerk
City of San Jacinto
4.3.b
Packet Pg. 139 Attachment: 02 Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 187 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 296 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
EXHIBIT “A”
DEVELOPMENT AGREEMENT N0. 18-2
BY AND BETWEEN THE CITY OF SAN JACINTO AND MOUNTAIN STATES
DEVELOPMENT, LLC
4.3.b
Packet Pg. 140 Attachment: 02 Ordinance 19-07 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 188 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 297 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
22242.00000\30164334.2
Recorded at request of: )
Clerk, City Council )
City of San Jacinto )
)
When recorded return to: )
City of San Jacinto )
595 S. San Jacinto Ave. )
San Jacinto, CA 92583 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 18-2
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF SAN JACINTO
and
MOUNTAIN STATES DEVELOPMENT, LLC,
a California limited liability company
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Packet Pg. 298 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
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DEVELOPMENT AGREEMENT NO. 18-2
This Development Agreement (hereinafter “Agreement”) is entered into by and among the
City of San Jacinto, a California municipal corporation (hereinafter “CITY”), and Mountain States
Development, LLC, a California limited liability company (hereinafter “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of such property,
pursuant to Section 65864 et seq. of the Government Code; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of certain governmental
and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review
by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and
welfare will be served by entering into this Agreement; and
WHEREAS, the environmental impacts of the Project and this Agreement, including the
Development Approvals, have previously been properly reviewed and assessed by CITY pursuant
to the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
(“CEQA”), California Code of Regulations Title 14, Section 15000 et seq. (the “CEQA
Guidelines”) and the CITY’s local CEQA guidelines; and
WHEREAS, on January 29, 2019, the City of San Jacinto Planning Commission conducted
a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do
so had an opportunity to provide testimony regarding this Agreement, and at which time the
Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the
City Council of the City of San Jacinto that the City Council approve and adopt this Agreement;
and
WHEREAS, on February 19, 2019, the San Jacinto City Council conducted a duly noticed
public hearing concerning this Agreement, at which time all persons wishing to do so had an
opportunity to provide testimony regarding this Agreement, and at which time the City Council
thoroughly reviewed this Agreement; and
WHEREAS, on February 19, 2019, pursuant to CEQA and in accordance with the
recommendation of the Planning Commission for the City of San Jacinto (the “Planning
Commission”), the City Council has determined that it can be seen with certainty that the approval
of this Agreement is not likely to have any effect on the environment, and therefore further review
is not necessary under CEQA and the CEQA Guidelines; and
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WHEREAS, on February 19, 2019, following the conclusion of the public hearing and
adoption of the Notice of Determination, the City Council conducted the first reading of the
ordinance approving and adopting this Agreement, and
WHEREAS on March 19, 2019, the City Council conducted a second reading (adoption)
of the ordinance approving and adopting this Agreement; and
WHEREAS, this Agreement and the Project are consistent with the CITY’s
Comprehensive General Plan and any Specific Plan applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Project, and generally serve the
purposes for which development agreements under Sections 65864 et seq. of the Government Code
are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to
assure development of the Property in accordance with this Agreement; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess
of the generally applicable requirements in order to assure vesting of legal rights to develop the
Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of San Jacinto, a municipal corporation, organized
and existing pursuant to the laws of the State of California.
1.1.3 “City Council” means the duly elected and constituted city council of CITY.
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1.1.4 “Dedication Requirement” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land
in order to lessen, offset, mitigate or compensate for the impacts of development on the
environment or other public interests.
1.1.5 “Development” means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property; the construction of buildings and structures; and
the installation of landscaping. “Development” does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.6 “Development Agreement Policies” means those certain development
agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002,
as amended.
1.1.7 “Development Approvals” means all permits and other entitlements for use,
subject to approval or issuance by CITY in connection with the Development, including, but not
limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits and plot plans;
(d) zoning; and
(e) grading and building permits.
1.1.8 “Development Exaction” means any requirement of CITY in connection
with or pursuant to any Land Use Regulation or Development Approval for the dedication of land,
the construction of improvements or public facilities, or the payment of fees in order to lessen,
offset, mitigate or compensate for the impacts of development on the environment or other public
interests.
1.1.9 “Development Plan” means the Existing Development Approvals and the
Existing Land Use Regulations applicable to development of the Property.
1.1.10 “Effective Date” means the date the ordinance approving this Agreement
becomes effective.
1.1.11 “Existing Development Approvals” means all Development Approvals
approved or issued prior to the Effective Date. Existing Development Approvals includes the
Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public
record on the Effective Date.
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Packet Pg. 301 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
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1.1.12 “Existing Land Use Regulations” means all Land Use Regulations in effect
on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein
as Exhibit “D” and all other Regulations which are a matter of public record on the Effective Date.
1.1.13 “Land Use Regulations” means all ordinances, resolutions, codes, rules,
regulations and official policies of CITY governing the development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement and construction standards
and specifications applicable to the development of the property. “Land Use Regulations” does
not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public property; and/or
(e) the exercise of the power of eminent domain.
1.1.14 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed
of trust or any other security-device lender, and their successors and assigns.
1.1.15 “OWNER” means the persons and entities listed as OWNER on page 1 of
this Agreement and its successor(s) in interest to all or any part of the Property.
1.1.16 “Planning Commission” means the duly appointed and constituted planning
commission of CITY.
1.1.17 “Project” means the development of the Property contemplated by the
Development Plan as such Development Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.18 “Property” means the real property described on Exhibit “A” and shown on
Exhibit “B” to this Agreement.
1.1.19 “Reservations of Authority” means the rights and authority excepted from
the assurances and rights provided to OWNER under this Agreement and reserved to CITY under
Section 3.6 of this Agreement.
1.1.20 “Subsequent Development Approvals” means all Development Approvals
required subsequent to the Effective Date in connection with the Development.
1.1.21 “Subsequent Land Use Regulations” means any Land Use Regulations
adopted and effective after the Effective Date of this Agreement.
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Packet Pg. 302 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
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1.1.22 “TTM 33716” means Tentative Tract Map 33716, which is one of the
Existing Development Approvals and is described in Exhibit “C”.
1.2 Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
Exhibit “C” — Existing Development Approvals.
Exhibit “D” — Existing Land Use Regulations.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the owner of
the fee simple title to the Property or a portion thereof.
2.3 Term. The initial term of this Agreement shall commence on the Effective Date,
and shall continue for a period of five (5) years thereafter unless this term is modified or extended
pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this
Agreement may be extended one (1) time for an additional two (2) years following expiration of
the initial term, resulting in a total term of seven (7) years, provided the following have occurred:
(a) OWNER provides at least one hundred eighty (180) days’ written
notice to CITY prior to the expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.
The initial term and, if and upon extension, the two-year extended term, shall sometimes
be referred to herein collectively as the “Term.”
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm
or corporation at any time during the Term; provided, however, that any such sale, transfer or
assignment shall include the assignment and assumption of the rights, duties and obligations
arising under or from this Agreement and be made in strict compliance with the following
conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer or assignment of all or a part
of the Property.
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(b) Concurrent with any such sale, transfer or assignment, or within
fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer
or assignment and shall provide CITY with an executed agreement, in a form reasonably
acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the
purchaser, transferee or assignee expressly and unconditionally assumes all the duties and
obligations of OWNER under this Agreement.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b)
of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser,
transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser,
transferee or assignee until and unless such agreement is executed. OWNER shall have the right
to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and
interest in and to a credit or reimbursement provided for in this Agreement; provided however,
that the existence and extent of any such reservation shall be expressly referred to in the written
agreement required by Section 2.4.1(b), above.
2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or
assignment, a transferring OWNER shall continue to be obligated under this Agreement unless
such transferring OWNER is given a release in writing by CITY, which release shall be provided
by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part
of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed
agreement required under Paragraph (b) of Subsection 2.4.1 above.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after
an initial sale, transfer or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section.
2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the
sale or lease (for a period longer than one year) of any lot which has been finally subdivided and
is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user.
Notwithstanding any other provisions of this Agreement, this Agreement shall automatically
terminate with respect to any such lot and such lot shall be released and no longer be subject to
this Agreement without the execution or recordation of any further document upon satisfaction of
both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in
“bulk”) sold or leased (for a period longer than one year) to a member of the public or other
ultimate user; and
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(b) A certificate of occupancy has been issued for a building on the lot,
and the fees set forth under Section 4.2 of this Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868 and Article 5 of the Development Agreement Policies. This
provision shall not limit any remedy of CITY or OWNER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the
ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including issuance of all required occupancy permits and acceptance by CITY or applicable public
agency of all required dedications.
(e) Termination of this Agreement based on any default of OWNER and
following the termination proceedings required by Articles 7 and 8 of the Development Agreement
Policies.
Termination of this Agreement shall not constitute termination of any other land
use entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement. Upon such termination,
any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by
OWNER to CITY for residential units on which construction has not yet begun shall be refunded
to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records of the telegraph
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company after transmission by telegraph to the recipient named below. All notices shall be
addressed as follows:
If to CITY:
City of San Jacinto
595 S. San Jacinto Ave.
San Jacinto, CA 92583
Attn: City Manager
Telephone: (951) 487-7342
Facsimile: (951) 654-3728
Copy to:
Best, Best & Krieger, LLP
300 South Grand Ave.
25th Floor
Los Angeles, CA 90071
Attn: City Attorney
Telephone: (213) 617-8100
Facsimile: (213) 617-7480
If to OWNER:
Mountain States Development, LLC
Attn: Michael Wright
P.O. Box 2454
Rancho Santa Fe, CA 92067
(c) Either party may, by notice given at any time, require subsequent notices to
be given to another person or entity, whether a party or an officer or representative of a party, or
to a different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement, including the
Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance
with, and to the extent of, the Development Plan. The Project shall remain subject to all
Subsequent Development Approvals required to complete the Project as contemplated by the
Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the
Property, the density and intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation and dedication of land for public purposes shall be those set forth in the
Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement, including the Reservations of Authority, the rules, regulations and
official policies governing permitted uses of the Property, the density and intensity of use of the
Property, the maximum height and size of proposed buildings, and the design, improvement and
construction standards and specifications applicable to development of the Property shall be the
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Existing Land Use Regulations. In connection with any Subsequent Development Approval,
CITY shall exercise its discretion in accordance with the Development Plan, and as provided by
this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for
processing, review and action all applications for Subsequent Development Approvals, and such
applications shall be processed in the normal manner for processing such matters.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time
predict when or the rate at which phases of the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of OWNER, such as market orientation
and demand, interest rates, absorption, completion and other similar factors. Since the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that
the failure of the parties therein to provide for the timing of development resulted in a later adopted
initiative restricting the timing of development to prevail over such parties’ agreement, it is the
parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have
the right to develop the Property in such order and at such rate and at such times as OWNER deems
appropriate within the exercise of its subjective business judgment, subject only to any timing or
phasing requirements set forth in Section 3.4.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and
phasing requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require Subsequent Development Approvals and may demonstrate
that changes are appropriate and mutually desirable in the Existing Development Approvals. In
the event OWNER finds that a change in the Existing Development Approvals is necessary or
appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such
change and CITY shall process and act on such application in accordance with the Existing Land
Use Regulations, except as otherwise provided by this Agreement including the Reservations of
Authority. If approved, any such change in the Existing Development Approvals shall be
incorporated herein as an addendum to Exhibit “C”, and may be further changed from time to time
as provided in this Section. Unless otherwise required by law, as determined by the City Manager,
a change to the Existing Development Approvals shall be deemed “minor” and not require an
amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 of the Public Resources Code.
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Packet Pg. 307 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
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3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by
CITY to cover the estimated actual costs to CITY of processing applications for Development
Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any other
matter of procedure.
(c) Regulations governing construction standards and specifications
including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code,
Electrical Code, Fire Code and Grading Code.
(d) Regulations imposing Dedication Requirements or Development
Exactions; provided, however, that no such subsequently adopted Dedication Requirements or
Development Exactions shall be applicable to development of the Property unless such Dedication
Requirements or Development Exactions are applied uniformly to development throughout the
CITY or within a defined area of benefit that includes the Property. No such subsequently adopted
Dedication Requirement or Development Exaction shall apply if its application to the Property
would physically prevent development of the Property for the uses and to the density or intensity
of development set forth in the Development Plan. In the event any such subsequently adopted
Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part,
as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such
subsequently adopted Dedication Requirement or Development Exaction for the fees paid under
Section 4.2 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations which may be in conflict with the Development Plan
but which are reasonably necessary to protect the public health and safety. To the extent possible,
any such regulations shall be applied and construed so as to provide OWNER with the rights and
assurances provided under this Agreement.
(f) Regulations which are not in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
development of the Property shall be deemed to conflict with the Development Plan and shall
therefore not be applicable to the development of the Property.
(g) Regulations which are in conflict with the Development Plan
provided OWNER has given written consent to the application of such regulations to development
of the Property.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use
Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent
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CITY from denying or conditionally approving any Subsequent Development Approval on the
basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict
with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State
or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or
preclude compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such State or
Federal laws or regulations, provided, however, that this Agreement shall remain in full force and
effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws
or regulations do not render such remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This
Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such
power and authority which cannot be restricted by contract.
3.7 Public Works. If OWNER is required by this Agreement to construct any public
works facilities which will be dedicated to CITY or any other public agency upon completion, and
if required by applicable laws to do so, OWNER shall perform such work in the same manner and
subject to the same requirements and standards as would be applicable to CITY or such other
public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is
required to construct any public improvement on land not owned by OWNER, OWNER shall at
its sole cost and expense provide, or cause to be provided, the real property interests necessary for
the construction of such public improvements. In the event OWNER is unable, after exercising
reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the
Civil Code, to acquire the real property interests necessary for the construction of such public
improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate
security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary
real property interests to allow OWNER to construct the public improvements as required by this
Agreement and, if necessary, in accordance with the procedures established by law, use its power
of eminent domain to acquire such required real property interests. OWNER shall pay all costs
associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by
the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public
improvements on land not owned by OWNER, except to the extent that the OWNER elects to
proceed with the development of the Project, and then only in accordance with valid conditions
imposed by the CITY upon the Development under the Subdivision Map Act or other legal
authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
Development separately from or jointly with CITY and this Agreement does not limit the authority
of such other public agencies.
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3.10 Tentative Tract Map Extension. The term of TTM 33716 and any tentative tract
map(s), tentative subdivision map(s) or tentative parcel map(s) heretofore or hereafter approved in
connection with the Development shall expire upon the expiration or earlier termination of this
Agreement. Said term of such map(s) shall be the sole and exclusive term and shall be in lieu of
any other term or term extension provided for pursuant to the Subdivision Map Act, CITY
ordinance, or any combination thereof.
3.11 Amendment(s) to Tentative Tract Map(s); Recordation of Final Tract Map(s). Any
amendment to an existing tentative tract map, heretofore or hereafter approved in connection with
the Development, which is deemed “minor” in accordance with Section 3.5 of this Agreement
shall not require an amendment to this Agreement. If and upon OWNER’s election to exercise the
term extension authorized under Section 2.3 of this Agreement, during such two-year extended
term, all conditions of approval for any tentative tract map identified under this Agreement shall
be reviewed for changed circumstances and modifications may be required. Subject to applicable
provisions of the Subdivision Map Act (Government Code Section 66410 et seq.), OWNER may
record final tract maps on a phased basis.
3.12 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or
final parcel map, heretofore or hereafter approved in connection with the Development, is a vesting
map under the Subdivision Map Act and if this Agreement is determined by a final judgment to be
invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that
extent the rights and protections afforded OWNER under the laws and ordinances applicable to
vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately
above, development of the Property shall occur only as provided in this Agreement, and the
provisions in this Agreement shall be controlling over any conflicting provision of law or
ordinance concerning vesting maps.
3.13 Utilities. In accordance with Section 201(h) of the Development Agreement
Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer,
gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for
CITY-owned or operated utilities serving the Project for such prices and on such terms as may be
mutually agreed to between the parties.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that the Development will result in
substantial public needs which will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial private benefits on OWNER which
should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on OWNER by providing
more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Agreement Fee. In addition to the other obligations of OWNER
contained in this Agreement, the Project shall also be subject to a “Development Agreement Fee.”
The Development Agreement Fee shall be paid to CITY and shall cover the initial term of five (5)
years of this Agreement. The Development Agreement Fee shall be One Thousand Two Hundred
Dollars ($1,200.00) per residential unit for the initial term of five (5) years of this Agreement. If
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and upon OWNER’s election to exercise the term extension authorized under Section 2.3 of this
Agreement, the Development Agreement Fee shall increase to Two Thousand Dollars ($2,000.00)
per residential unit for the extended term of two (2) years of this Agreement. In addition, during
such two-year extended term, all conditions of approval for any tentative tract map identified under
this Agreement shall be reviewed for changed circumstances and modifications may be required.
The Development Agreement Fee shall not be used to offset any Development Impact Fee(s).
OWNER shall not be entitled to any credit against the Development Agreement Fee resulting from
OWNER’s provision of public improvements as required by the Development Plan or this
Agreement.
4.2.1 Time of Payment. The Development Agreement Fee required pursuant to
Section 4.2 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the
certificate of occupancy for each residential unit. No fees shall be payable for building permits
issued prior to the Effective Date of this Agreement, but the Development Agreement Fee required
pursuant to Section 4.3 shall be paid prior to the re-issuance or extension of any building permit
for a residential unit for which such Development Agreement Fee has not previously been paid.
4.2.2 Development Agreement Processing Fee and Deposit(s). In addition to the
Development Agreement Fee, OWNER has paid the CITY a one-time fee separately for processing
of the Development Agreement (“Development Agreement Processing Fee”) in the amount of Five
Thousand Dollars ($5,500.00) and an Administration Fee of Seven Hundred Fifty Dollars
($880.00) (“Administration Fee”). In addition, OWNER has paid CITY separately a deposit for
the planning and legal costs associated with the preparation and processing of the Development
Agreement. The planning and legal deposit (“Legal Expense Deposit”) shall be in the amount of
Five Thousand Dollars ($5,870.00). CITY acknowledges receipt of OWNER’s prior payment of
the Development Agreement Processing Fee, Administration Fee and Legal Expense Deposit.
Should the planning and legal costs associated with the preparation and processing of the
Development Agreement exceed OWNER’s Legal Expense Deposit, CITY reserves the right to
require OWNER to pay an additional deposit prior to recordation to cover the cost of such planning
and legal services.
4.3 Other Fees. In addition to the Development Agreement Fee, Development
Agreement Processing Fee, Administration Fee, and Legal Expense Deposit(s), and other
obligations of OWNER contained in this Agreement, OWNER shall also be responsible for
payment of all Transportation Uniform Mitigation Fees (TUMF) and Multiple Species Habitat
Conservation Plan Fees (MSHCP). Further, OWNER additionally shall be responsible for
payment of all relevant fees for Community Facilities District (CFD), Assessment District (AD),
and Landscape, Lighting and Park District No. 2 (LLPD No. 2), as applicable to the Property.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate, CITY and OWNER will cooperate in the formation of any special
assessment district, community facilities district or alternate financing mechanism to pay for the
construction and/or maintenance and operation of public infrastructure facilities required as part
of the Development Plan. CITY also agrees that, to the extent any such district or other financing
entity is formed and sells bonds in order to finance such reimbursements, OWNER may be
reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of
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public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that
nothing contained in this Agreement shall be construed as requiring CITY or the City Council to
form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Development Director shall review this Agreement annually,
on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance
by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring
Report, in a form acceptable to the Development Director, within thirty (30) days after written
notice from the Development Director. The Annual Monitoring Report shall be accompanied by
an annual review and administration fee sufficient to defray the estimated costs of review and
administration of this Agreement during the succeeding year. The amount of the annual review
and administration fee shall be set annually by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of compliance with
this Agreement at any time. The Development Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be
required to demonstrate good faith compliance with the terms of this Agreement. The burden of
proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Development
Director shall submit a report to the City Council setting forth the evidence concerning good faith
compliance by OWNER with the terms of this Agreement and his or her recommended finding on
that issue.
(c) If the City Council finds on the basis of substantial evidence that OWNER
has complied in good faith with the terms and conditions of this Agreement, the review shall be
concluded.
(d) If the City Council makes a preliminary finding that OWNER has not
complied in good faith with the terms and conditions of this Agreement, the Council may modify
or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as
provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent
with, proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section
6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall
give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10)
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify
the Agreement; and
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Packet Pg. 312 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
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(c) Such other information as is reasonably necessary to inform OWNER of the
nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing
on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall
be required to demonstrate good faith compliance with the terms and conditions of this Agreement.
The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon
substantial evidence, that OWNER has not complied in good faith with the terms or conditions of
the Agreement, the City Council may terminate this Agreement or modify this Agreement and
impose such conditions as are reasonably necessary to protect the interests of the CITY. The
decision of the City Council shall be final, subject only to judicial review pursuant to Section
1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special
review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by
OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that
after the most recent periodic or special review and based upon the information known or made
known to the Development Director and City Council that (1) this Agreement remains in effect
and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain
information necessary to communicate constructive record notice of the finding of compliance,
shall state whether the Certificate is issued after a periodic or special review and shall state the
anticipated date of commencement of the next periodic review. OWNER may record the
Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER,
CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special
review, but was concealed from or otherwise not known to the Development Director or City
Council.
6.7 Estoppel Certificates. A party may at any time deliver written notice to the other
party requesting an estoppel certificate (the “Estoppel Certificate”). A party receiving a request
for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty
(30) days after receipt of the request. The Planning Director or any person designated by the City
Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized
representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to
be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate from the
other, the requesting party shall reimburse the other party for all reasonable and direct costs and
fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall
address issues such as whether:
(a) The Agreement is in full force and effect and is a binding obligation of the
parties.
(b) The Agreement has been amended or modified either orally or in writing
and, if so amended, identifying the amendments.
(c) A default in the performance of the requesting party’s obligations under the
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Agreement exists and, if a default does exist, the nature and amount of any default.
Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or
OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default
existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise
not known to the preparing party.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for
the breach of any provision of this Agreement, except that CITY shall not be liable in damages to
OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER
covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises
out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed
or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
7.2 Specific Performance. The parties acknowledge that money damages and remedies
at law generally are inadequate and specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this Agreement and should be available
to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1
above.
(b) Due to the size, nature and scope of the project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this Agreement has
begun. After such implementation, OWNER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. OWNER has invested significant time and resources
and performed extensive planning and processing of the Project in agreeing to the terms of this
Agreement and will be investing even more significant time and resources in implementing the
Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum
of money which would adequately compensate OWNER for such efforts.
7.3 Release. Except for nondamage remedies, including the remedy of specific
performance and judicial review as provided for in Section 7.2, OWNER, for itself, its successors
and assignees, hereby releases the CITY, its officers, agents and employees from any and all
claims, demands, actions, or suits of any kind or nature arising out of any liability, known or
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unknown, present or future, including, but not limited to, any claim or liability, based or asserted,
pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United
States Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms
of this Agreement.
7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the
provisions contained in Subsection 7.5 herein, CITY may terminate or modify this Agreement for
any failure of OWNER to perform any material duty or obligation of OWNER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
“default”); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to OWNER of default setting forth the nature of the
default and the actions, if any, required by OWNER to cure such default and, where the default
can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60-day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
7.5 Termination of Agreement for Default of CITY. OWNER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of
the default and the actions, if any, required by CITY to cure such default and, where the default
can be cured, CITY has failed to take such actions and cure such default within sixty (60) days
after the effective date of such notice or, in the event that such default cannot be cured within such
60 day period but can be cured within a longer time, has failed to commence the actions necessary
to cure such default within such 60 day period and to diligently proceed to complete such actions
and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent
with its Comprehensive General Plan (“General Plan”), and that the General Plan meets all
requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s
determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to
perform under this Agreement or the inability of OWNER to develop the Property as contemplated
by the Development Plan as the result of a judicial determination that on the Effective Date, or at
any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in
compliance with law.
8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its
expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and
employees from any claim, action or proceeding against CITY, its agents, officers, or employees
to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit
granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim,
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action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify
OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense,
OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY
may in its discretion participate in the defense of any such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify
and hold CITY, its officers, agents, employees and independent contractors free and harmless from
any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers,
agents, employees, subcontractors and independent contractors, for property damage, bodily
injury, or death (OWNER’s employees included) or any other element of damage of any kind or
nature, relating to or in any way connected with or arising from the activities contemplated
hereunder, including, but not limited to, the study, design, engineering, construction, completion,
failure and conveyance of the public improvements, save and except claims for damages arising
through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at
its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent
contractors in any legal action based upon such alleged acts or omissions. CITY may in its
discretion participate in the defense of any such legal action.
8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation of any federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property, including, but not limited to, soil and groundwater conditions, and OWNER
shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may in its discretion
participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY
reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise
engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2)
conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for
any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing
and accounting therefor.
8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any
manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing
financing with respect to the Property. CITY acknowledges that the lenders providing such
financing may require certain Agreement interpretations and modifications and agrees upon
request, from time to time, to meet with OWNER and representatives of such lenders to negotiate
in good faith any such request for interpretation or modification. CITY will not unreasonably
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withhold its consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this Agreement. Any
Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property,
or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of
any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of
any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or
duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants
of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent
that any covenant to be performed by OWNER is a condition precedent to the performance of a
covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s
performance hereunder, and further provided that any sale, transfer or assignment by any
Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the County Recorder by the City Clerk within the period required
by Section 65868.5 of the Government Code.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements which are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall
be admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
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therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions are determined to
be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the parties hereto, and the rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be employed in
interpreting this Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the
Property is owned, in whole or in part, by more than one OWNER, all obligations of such
OWNERS under this Agreement shall be joint and several, and the default of any such OWNER
shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single
lot which has been finally subdivided and sold to such OWNER as a member of the general public
or otherwise as an ultimate user shall have any obligation under this Agreement except as provided
under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party’s right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and
other labor difficulties beyond the party’s control, (including the party’s employment force),
government regulations, court actions (such as restraining orders or injunctions), or other causes
beyond the party’s control. If any such events shall occur, the term of this Agreement and the time
for performance by either party of any of its obligations hereunder may be extended by the written
agreement of the parties for the period of time that such events prevented such performance,
provided that the term of this Agreement shall not be extended under any circumstances for more
than five (5) years.
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10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby
of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon
every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is
binding upon each party and each successor in interest during ownership of the Property or any
portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Riverside, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and OWNER is that of a government entity
regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation
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Packet Pg. 162 Attachment: 03 DA 18-2 Development Agreement TTM 33716 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 210 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 319 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
23
of a natural person residing in the State of California, giving his or her name, residence and
business addresses, as its agent for the purpose of service of process in any court action arising out
of or based upon this Agreement, and the delivery to such agent of a copy of any process in any
such action shall constitute valid service upon OWNER. If for any reason service of such process
upon such agent is not feasible, then in such event OWNER may be personally served with such
process out of this County and such service shall constitute valid service upon OWNER. OWNER
is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives
any and all objections and protests thereto. OWNER for itself, assigns and successors hereby
waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial
and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by
this reference as if fully set forth herein.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf
of OWNER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants
and represents that he or she/they has/have the authority to bind OWNER to the performance of
its obligations hereunder.
10.22 Prior Development Agreement. The parties acknowledge and agree that this
Agreement supersedes and replaces in its entirety Development Agreement No. 05-15 dated October
20, 2005 between the City and The Circle Inn Development & Management, Inc.and that the Prior
Development Agreement has expired in accordance with its terms and is no longer in force or effect.
At the request of OWNER made on or after the Effective Date, CITY agrees, at no cost to CITY, to
execute and deliver to OWNER in recordable form any document that OWNER may submit to confirm
expiration of the Prior Development Agreement and the release of the Property therefrom.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement
on the last day and year set forth below.
SIGNATURES ON THE FOLLOWING PAGE(S)
4.3.c
Packet Pg. 163 Attachment: 03 DA 18-2 Development Agreement TTM 33716 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 211 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 320 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
24
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT NO. 18-2
BY AND BETWEEN
CITY OF SAN JACINTO
AND
MOUNTAIN STATES DEVELOPMENT, LLC
OWNER
MOUNTAIN STATES DEVELOPMENT,
LLC
By:
Michael Wright
Its:
Dated: _______________
CITY
CITY OF SAN JACINTO, a California
municipal corporation
By:
_____________, Mayor
Dated: _______________
ATTEST:
By:
Angela Walton, City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP,
City Attorney
4.3.c
Packet Pg. 164 Attachment: 03 DA 18-2 Development Agreement TTM 33716 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 212 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 321 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
A-1
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
Real property in the City of San Jacinto, County of Riverside, State of California, described as
follows:
PARCEL A: (APN: 436-490-030-7)
THAT PORTION OF THE SOUTH HALF OF THE EAST HALF OF THE NORTH HALF
OF THE WEST HALF OF FARM LOT 153 OF THE LANDS OF THE SAN JACINT O LAND
ASSOCIATION, AS PER MAP RECORDED IN BOOK 8, PAGE 357 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THAT LIES
SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF PARCEL 4120-27C AS
DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. RIC 390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005
AS INSTRUMENT NO. 05-179523 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL B: (APN: 436-490-027-5)
THAT PORTION OF PARCEL 3 OF PARCEL MAP 9112, AS SHOWN BY MAP FILED IN
BOOK 40, PAGE(S) 20 AND 21 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, THAT LIES SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 4120-27D
AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. RIC 390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005
AS INSTRUMENT NO. 05-179523 OF OFFICIAL RECORDS OF SAID RIVERSIDE
COUNTY.
PARCEL C: (APN: 436-490-031-8)
THE NORTH 330.43 FEET OF THE SOUTH HALF OF THE WEST HALF OF FARM LOT 153
OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON
FILE IN BOOK 8, PAGE 357 OF MAPS, SAN DIEGO COUNTY RECORDS, THAT LIES
WESTERLY OF THE WESTERLY LINE OF PARCEL 4120-27A AS DESCRIBED IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. RIC
390374, A COPY OF WHICH WAS RECORDED MARCH 7, 2005 AS INSTRUMENT NO.
05·179523 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
4.3.c
Packet Pg. 165 Attachment: 03 DA 18-2 Development Agreement TTM 33716 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 213 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 322 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
B-1
EXHIBIT “B”
PROPERTY MAP
TENTATIVE TRACT MAP NO. 33716
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Packet Pg. 166 Attachment: 03 DA 18-2 Development Agreement TTM 33716 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 214 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 323 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
C-1
EXHIBIT “C”
EXISTING DEVELOPMENT APPROVALS
x TENTATIVE TRACT MAP NO. 33716; AND
x FINAL CONDITIONS OF APPROVAL DATED ______________
4.3.c
Packet Pg. 167 Attachment: 03 DA 18-2 Development Agreement TTM 33716 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 215 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 324 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
D-1
EXHIBIT “D”
EXISTING LAND USE REGULATIONS
City of San Jacinto General Plan
City of San Jacinto General Plan Map
City of San Jacinto Development Code
City of San Jacinto Zoning Map
City of San Jacinto Municipal Code
4.3.c
Packet Pg. 168 Attachment: 03 DA 18-2 Development Agreement TTM 33716 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 216 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 325 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
7TH LYONCOTTONWOOD
PINEMEADOW VIEWSUNNYRIDGELIPIZZANPEPPERWOODPINTOFOXGLENANDALUSIAN
PALOMINO
PARK MEADOWS
SHELBRAN
DRAGON FLY
GARDEN MORGANPOLZINSUNFLOWERMUSTANGBRIAR PATCHPINE Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,
CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User
Community
O Tentative Tract 33716
Location Map
Subject Site
4.3.d
Packet Pg. 169 Attachment: 04 Aerial Map (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 217 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 326 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
LYON AVESEVENTH ST
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,
CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,
IGP, swisstopo, and the GIS User Community
O TR 33716 General Plan Map
SUBJECT SITE
LOW DENSITY
RESIDENTIAL (LDR)
OPEN
SPACE
RECREATIONAL
(OSR)
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Packet Pg. 170 Attachment: 05 General Plan Map (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 218 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 327 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
LYON AVESEVENTH ST
RL
OSR
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,
CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,
IGP, swisstopo, and the GIS User Community
O TR 33716 Zoning Map
SUBJECT SITE
4.3.f
Packet Pg. 171 Attachment: 06 Zoning Map (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 219 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 328 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
4.3.g
Packet Pg. 172 Attachment: 07 Tentative Tract Map 33716 (Development Agreement 18-2 - Mountain States Development, LLC)4.2.c
Packet Pg. 220 Attachment: Planning Commission Staff Report - 01-29-19 (Development Agreement 18-2 - Mountain States Development, LLC)3.A.5.c
Packet Pg. 329 Attachment: City Council Staff Report February 19, 2019 (Second Reading of Ordinance 19-07 for Development Agreement 18-2)
March 5, 2019
TO: City Council
REQUESTED BY: Habib Motlagh, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: San Jacinto Library Public Parking Improvements
RECOMMENDATION:
Staff recommends that 1) the City Council adopt the plans and specifications for San Jacinto
Library Public Parking Improvement Project prepared by the City Engineer, funded by the
Community Development Block Grant (CDBG); and 2) authorize bid advertisement for
construction subject to review and approval by EDA Staff.
DISCUSSION:
The adopted Fiscal Year 2018-19 budget for Capital Improvement Projects included project 18-
004, entitled 2017 CDBG Library Parking Improvements.
In 2015, the City entered into an agreement with Riverside County EDA to capture three years of
Community Development Block Grant (CDBG) funding to make improvements to the public
parking area adjacent to the Library and connect the current Library Building to the current City
Hall facility.
The San Jacinto Library Public Parking Improvement Project includes rehabilitation of the
current unused parking lot between San Jacinto Avenue and Sheriff, bounded by Fifth Street.
The following components are included in the project:
Widening of east side of San Jacinto up to Fifth Street
Construction of curb, gutter, sidewalk, and ADA ramps surrounding the parking lot
improvements
Parking Lot Signage and Striping
Solar Lightning on the interior of the improved parking lot
Landscaping areas within and/or around the improved parking lot
The preliminary schedule for the project is as follows:
March 25, 2019 – Advertisement Start Date
April 30, 2019 – Bid Opening
May 21, 2019 – Contract Award
June 10, 2019 – Notice to Proceed
3.A.6
Packet Pg. 330
The CDBG available funding is $735,000. The City Engineer’s preliminary estimat e to
complete the Library Parking Lot Improvements is $550,000, leaving a balance of $185,000 for
future library improvements, which would connect the Library to City Hall.
Copies of the plans and specifications are available in the City Clerk’s office.
FISCAL IMPACT:
Capital Improvement Project 18-004 provides funding for this project through a combination of
federal CDBG funds through the County of Riverside Economic Development Agency and the
City’s Development Impact Fees Community Amenities (Fund 131). The County will reimburse
the City upon invoice submittal and reporting requirements per Supplemental Agreement No.
3.SJ.06.17.
ATTACHMENTS:
19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Project Plans)
19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Preliminary Landscape Plans)
3.A.6
Packet Pg. 331
3.A.6.a
Packet Pg. 332 Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Project Plans) (San Jacinto Library Public Parking Improvements)
3.A.6.a
Packet Pg. 333 Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Project Plans) (San Jacinto Library Public Parking Improvements)
3.A.6.a
Packet Pg. 334 Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Project Plans) (San Jacinto Library Public Parking Improvements)
3.A.6.a
Packet Pg. 335 Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Project Plans) (San Jacinto Library Public Parking Improvements)
3.A.6.a
Packet Pg. 336 Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Project Plans) (San Jacinto Library Public Parking Improvements)
PRELIMINARY NOT FOR CONSTRUCTION3.A.6.bPacket Pg. 337Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Preliminary Landscape Plans) (San Jacinto Library Public Parking Improvements)
PRELIMINARY NOT FOR CONSTRUCTION3.A.6.bPacket Pg. 338Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Preliminary Landscape Plans) (San Jacinto Library Public Parking Improvements)
PRELIMINARY NOT FOR CONSTRUCTION3.A.6.bPacket Pg. 339Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Preliminary Landscape Plans) (San Jacinto Library Public Parking Improvements)
PRELIMINARY NOT FOR CONSTRUCTION3.A.6.bPacket Pg. 340Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Preliminary Landscape Plans) (San Jacinto Library Public Parking Improvements)
PRELIMINARY NOT FOR CONSTRUCTION3.A.6.bPacket Pg. 341Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Preliminary Landscape Plans) (San Jacinto Library Public Parking Improvements)
PRELIMINARY NOT FOR CONSTRUCTION3.A.6.bPacket Pg. 342Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Preliminary Landscape Plans) (San Jacinto Library Public Parking Improvements)
PRELIMINARY NOT FOR CONSTRUCTION3.A.6.bPacket Pg. 343Attachment: 19 - 03 05 Agenda re San Jacinto Public Library Parking Imp (Preliminary Landscape Plans) (San Jacinto Library Public Parking Improvements)
March 5, 2019
TO: City Council
REQUESTED BY: Habib Motlagh, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Alessandro & 1st St. All Way Stop and Speed Survey
RECOMMENDATION:
That the City Council (1) Accept the findings of the Traffic Study, (2) Authorize staff to proceed
with the implementation of an all-way stop and pedestrian cross walk at the intersection of
Alessandro Avenue and 1st Street, and (3) adopt the speed survey prepared by RK Engineering
Group, Inc., yet maintain 25 MPH speed on 1st Street.
DISCUSSION:
A Traffic and Engineering Study was conducted for an all-way stop warrant analysis at the
intersection of 1st Street and Alessandro Avenue, as well as a speed survey on 1st Street between
San Jacinto Avenue and Alessandro Avenue.
Currently, there is a two way stop on Alessandro Avenue at 1st Street, and the posted speed limit
on 1st Street between San Jacinto Avenue and Alessandro Avenue is 25 MPH.
The City received the Engineering and Traffic Survey (Study) for 1st Street, from San Jacinto
Avenue to Alessandro Avenue, dated February 6, 2019, from RK Engineering Group, Inc.
The warrant analysis evaluates the categories and criteria set by California Manual of Uniform
Traffic Control Devices (CA MUTCD). In this case, an all-way stop with pedestrian crosswalks
on all four (4) legs is warranted at the said intersection. Also, the speed survey record ed and
measured vehicular traffic speeds and calculated the speed limit at the 85th percentile speed. In
this case, the 85th percentile speed along the said segment is 30 MPH.
Subsequently, the study recommends implementation of an all-way stop at the intersection of
Alessandro Avenue and 1st Street with pedestrian crosswalks on all four (4) legs, and posting of
30 MPH speed limit signs (both directions) on 1st Street between San Jacinto Avenue and
Alessandro Avenue. In order to maintain the residential designation and due to closeness to
schools, staff recommends maintaining existing 25 MPH on 1st Street.
Staff recommends accepting the study and performing the work. The work will include
installation of new stop signs and new striping for pedestrian crossing at the intersection of
Alessandro Avenue and 1st Street, as well as installing new 30 MPH speed limit signs on 1st
Street between San Jacinto Avenue and Alessandro Avenue.
FISCAL IMPACT:
3.A.7
Packet Pg. 344
Public Works Department will install the appropriate signing and striping at an estimated cost of
$3,000, utilizing Gas Tax Fund.
ATTACHMENTS:
19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Exhibit)
19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Survey)
3.A.7
Packet Pg. 345
3.A.7.a
Packet Pg. 346 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Exhibit) (Alessandro & 1st St. All Way Stop and Speed
3.A.7.b
Packet Pg. 347 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
February 6, 2019
Habib Motlagh
CITY OF SAN JACINTO
170 Wilkerson Avenue, Suite D
Perris, CA 92570
Subject: 1st Street and San Jacinto Avenue at Alessandro Avenue Engineering and
Traffic Survey, City of San Jacinto
Dear Mr. Motlagh:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide this Engineering and Traffic
Survey along 1st Street, from San Jacinto Avenue to Alessandro Avenue in the City of San
Jacinto. The location of the study area is shown in Exhibit A. Based on your request, the
City is interested in updating the Engineering and Traffic Survey for the following roadway
segment:
• 1st Street, from San Jacinto Avenue to Alessandro Avenue.
The City is also interested in potentially installing an all-way stop with crosswalks for the
intersection of 1st Street at Alessandro Avenue.
The purpose of this Engineering and Traffic Survey is to provide details for traffic counts,
speed surveys, roadway evaluations, and collision data/analysis for the specified roadway
segment in order to recommend the appropriate speed limit. The data collection,
methodology, analysis, findings, and recommendations are summarized within this report.
Existing Conditions
1st Street is a two-lane undivided roadway between San Jacinto Avenue and Alessandro
Avenue. It is classified as a collector on the City’s Circulation Element and on a
CalTrans/FHWA functional classification map. The land uses surrounding the study area
include single family residential homes with direct access to driveways along 1st Street
along both the north and south sides of 1st Street. There are also sidewalks along both the
north and south sides of 1st Street.
The intersection of 1st Street at San Jacinto Avenue is an all-way stop controlled intersection
and the intersection of 1st Street at Alessandro Avenue is a cross-street stop controlled
3.A.7.b
Packet Pg. 348 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
CITY OF SAN JACINTO
RK 15111
Page 2
intersection. Additionally, the intermediary intersections of 1st Street at Sheriff Avenue, 1st
Street at Jordan Avenue, and 1st Street at Algona Avenue are all cross-street stop controlled
intersections.
The existing ADT (Average Daily Traffic) volume along 1st Street is 4,709 vehicles between
San Jacinto Avenue and Alessandro Avenue. The count worksheets for 24-hour directional
volumes, as well as for pedestrians and bicycles, along the study roadway segment are
included in Appendix A.
The posted speed limit on 1st Street is 25 mph between San Jacinto Avenue and Alessandro
Avenue. For purposes of this analysis, 25 mph will be used as the design speed on 1st
Street. 24-hour directional speed surveys were conducted along 1st Street, both east of
Sheriff Avenue and west of Algona Avenue. The 85th percentile speed on 1st Street between
San Jacinto Avenue and Jordan Avenue was 32 mph with a 10 mph pace speed of 26 to
35 mph. The 85th percentile speed on 1st Street between Jordan Avenue and Alessandro
Avenue was 33 mph with a 10 mph pace speed of 26 to 35 mph. As summarized on Table
1, these speeds are higher than the existing posted speed limit along 1st Street for the
corresponding roadway segment. The 24-hour directional speed surveys are included in
Appendix B.
The existing roadway conditions worksheet is included in Appendix C.
Survey Methodology
1. As described in the California Vehicle Code, the CA MUTCD (California Manual On
Uniform Traffic Control Devices) and CalTrans Policy Directive 09-04, data was
collected to determine existing speed characteristics for the one (1) roadway
segment along 1st Street. These two (2) documents are included in Appendix D.
2. The roadway survey was to determine existing characteristics and land use.
3. Existing travel speeds were obtained by collecting speed characteristics along the
roadway segment.
4. Speed observations data was statistically calculated by computer to determine
average speed, 85th percentile speed, and 10 mph pace speed.
5. Three (3) years of collision data was tabulated for the roadway segment for
consideration of speed limit recommendations.
3.A.7.b
Packet Pg. 349 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
CITY OF SAN JACINTO
RK 15111
Page 3
6. 24-hour ADT (Average Daily Traffic) volumes and pedestrian and bicycle data was
collected on all legs of the intersection of 1st Street at Alessandro Avenue in order to
perform an all-way stop warrant at that intersection.
Statistical Analysis
Field data was analyzed with a number of calculations performed by computer. Statistical
calculations were performed by 85th percentile speed or critical speed and 10 mph pace
speed and percentage of vehicles in the 10 mph pace speed. These terms are defined as
follows:
• 85th Percentile Speeds: Speeds at or below which 85% of the vehicles traveled. It is a
single most important measure used to determine which speeds should be posted.
• 10 mph Pace Speed: A 10 mph range within which the largest number of
observations fall. Typically 70% of the vehicles are contained in this range with 15%
above and 15% below. Properly set speed limits will maximize the vehicles in the 10
mph pace speed. One symptom of an inappropriate speed is a lower percentage in
the 10 mph pace speed.
Collision History
Accident data for a three-year period from 2016 through 2018 along the specified
segment was tabulated and reviewed. Collisions that occurred within 250 feet of the
intersections of 1st Street at San Jacinto Avenue and 1st Street at Alessandro Avenue were
excluded. The total number of collisions was then divided by the existing traffic volume to
determine a collision rate per million vehicle miles of travel for the (MVMT) roadway
segment.
The calculated collision rate was compared to the average rate expected for similar
roadway segments throughout California. CalTrans, in conjunction with the Federal
Highway Administration, published 2015 Collision Data on California State Highways. This
publication was used to determine whether the accident rate along the roadway segment
was above average. An excerpt of this publication is included in Appendix E.
A total of one (1) accident occurred along 1st Street between San Jacinto Avenue and
Alessandro Avenue within a three (3) year period (2016-2019). The calculated rate for this
roadway segment is 2.62, as detailed in Table 2. The calculated rate is above the CalTrans
expected collision rate of 2.09 (urban) for a conventional two-lane undivided roadway. The
3.A.7.b
Packet Pg. 350 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
CITY OF SAN JACINTO
RK 15111
Page 4
collision data for the one (1) accident that occurred within the study area is included in
Appendix F. A full copy of the collision data in included in RK’s files.
Speed Limit Recommendations
When a speed limit is to be posted, it shall be established at the nearest 5 mph increment
of the 85th percentile speed of free flowing traffic, according to the California MUTCD
2014, including revision #1 and #2, as amended for use in California.
Experiences have shown that speed limits should be established near the 85th percentile
speed that represents one standard deviation above the average speed and establishes the
upper limit of what is to be considered reasonable and prudent. The speed chosen for the
speed zoning should be a 5 mph increment.
It is important to note that the Vehicle Code by section 22358.5 emphasizes that only
hazards not readily apparent to the driver necessitate a downward speed zoning. It is
determined that the basic speed law is sufficient regulation as to such conditions. These
characteristics are considered along with the 85th percentile speed and collision experience
in recommending speed zone changes.
Table 1 lists the surveyed roadway segment with its calculated critical (85th percentile)
speed and 10 mph pace speed, and the recommended speed limit. The speed limit
recommendation is shown in Exhibit B and is described below:
1. 1st Street between San Jacinto Avenue and Alessandro Avenue is classified as a
collector street with a curb-to-curb width of fifty (50) feet. The existing posted
speed limit on this segment is 25 mph. The recommended speed limit is 30 mph
due to the 85th percentile speed, 10 mph pace speed, and collision rate.
Even though the speed limit recommendation for 1st Street between San Jacinto Avenue
and Alessandro Avenue is 30 mph, there are two (2) recommendations options. If the City
wants to set the speed limit now, the corresponding recommendations option is described
below:
Option 1
• Set the speed limit now to the recommended speed limit of 30 mph.
• Suggest conducting an Engineering and Traffic Survey for the roadway segments
east and west of the study roadway segment to establish a continuous speed zone.
• Consider traffic calming options for the study roadway segment.
3.A.7.b
Packet Pg. 351 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
CITY OF SAN JACINTO
RK 15111
Page 5
However, if the City wants to wait to set the speed limit, the corresponding
recommendations option is described below:
Option 2
• Consider traffic calming options for the study roadway segment.
• Suggest conducting an Engineering and Traffic Survey for the roadway segments
east and west of the study roadway segment to establish a continuous speed zone.
• Redo Engineering and Traffic Survey for the study roadway segment after traffic
calming is installed.
All-Way Stop Warrant
The intersection of 1st Street at Alessandro Avenue has been evaluated for all-way stop
warrants using the urban conditions criteria of the California Manual of Uniform Traffic
Control Devices (CA MUTCD) standards. A copy of the CA MUTCD all-way stop warrant
conditions is included in Appendix G. An all-way stop warrants worksheet is included in
Appendix H.
The following criteria are applicable for this analysis:
• Traffic signal warranted
• Collisions
• Minimum volumes
• 80% of collision criteria and minimum volume
• The need to control left-turn conflicts
• The need to control vehicle/pedestrian conflicts
• Sight distance constraints
• An intersection of two (2) residential neighborhood collector streets
The specific CA MUTCD All-Way Stop Warrants have been tabulated and listed below:
CA MUTCD All-Way Stop Warrants
Warrant Description Results
A Traffic Signal Warranted Does Not Satisfy
B Collisions Does Not Satisfy
C Minimum Volumes Does Not Satisfy
D Combination Minimum Values Does Not Satisfy
Optional Warrants Other Criteria Warrant G Satisfied
3.A.7.b
Packet Pg. 352 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
CITY OF SAN JACINTO
RK 15111
Page 6
Warrant A
Warrant A states that an all-way stop could be implemented as an interim measure when
traffic signals are warranted. Because a traffic signal is not warranted, the intersection does
not satisfy Warrant A.
Warrant B
To satisfy this warrant, there must be five (5) or more collisions that are correctable by an
all-way stop. RK has obtained collision data from the California Highway Patrol for 2016,
2017, and 2018. According to the collision data, there have been no collisions in 2017 or
2018 within 250 feet of the intersection of 1st Street at Alessandro Avenue. However, in
2016, there was one (1) collision within 250 feet of the intersection. Therefore, Warrant B
has not been met. Collision data worksheets are included in RK’s files.
Warrant C
The intersection meets the minimum traffic volume requirements for one (1) of the three
(3) sub-criteria for this warrant. The minimum combined vehicular, pedestrian, and bicycle
volume entering the intersection from the minor street approaches has been met. However
the intersection does not meet the minimum vehicular volume entering the intersection
from the major street approaches. Therefore, the intersection does not satisfy Warrant C.
Warrant D
Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to
80% of the minimum values, then Warrant D would be satisfied. Although the combined
average vehicle volume does exceed 240 vehicles, and the combined average minor volume
does exceed 160 vehicles, the number of correctable accidents in a 12-month period did
not meet the 80% threshold, and therefore, the intersection is unable to satisfy Warrant D.
Optional Warrants E, F, G, H
This category offers other criteria that an engineer may consider in justifying an all-way
stop condition. One (1) of the four (4) criteria was satisfied per RK Engineering Group’s
judgment. Warrant G, the presence of sight distance restrictions at an intersection, has
been met. The remaining three (3) Warrants E, F and H have not been satisfied.
Sight distance at the intersection of 1st Street at Alessandro Avenue was analyzed as part of
this review. The County of Riverside standard for intersection corner sight distance for
public streets with a 25 mph design speed is 275 feet, as shown in Appendix I. As
3.A.7.b
Packet Pg. 353 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
CITY OF SAN JACINTO
RK 15111
Page 7
previously stated, for purposes of this analysis, the design speed on 1st Street is 25 miles
per hour.
As part of the analysis, a sight line is developed and a “limited use area” is created which
designates an area between the edge of pavement and the driver’s line of sight. This area
prohibits obstructions in order to maintain adequate sight distance at the intersection. The
Riverside County standard states that the “limited use area (shall be) kept clear of all
obstructions over 2.5 feet high, including vegetation. No trees, walls, or any obstructions
shall be allowed in the limited use area.”
Sight distance is restricted below the 275-foot requirement for some directions. Therefore,
an all-way stop is recommended based upon sight distance restrictions. In should be noted
that within the limited use area, at the southwest corner of 1st Street at Alessandro Avenue,
there is some vegetation which should be trimmed regularly to improve adequate sight
distance. Curbside parking should also be limited at the southwest corner along 1st Street.
Conclusions
RK has completed the Engineering and Traffic Survey for 1st Street from San Jacinto Avenue
to Alessandro Avenue, per the latest California MUTCD and other applicable guidelines and
standards for setting speed limits. Based upon the results of this study, the recommended
speed limits for the one (1) segment within the City of San Jacinto is illustrated in Exhibit B
and summarized in Table 1. The collision rate for the study roadway segment is
summarized in Table 2.
RK has completed the all-way stop warrant analysis for the intersection of 1st Street at
Alessandro Avenue in the City of San Jacinto. The conclusions of this analysis are
summarized below.
The intersection of 1st Street at Alessandro Avenue meets the warrants for an all-
way stop, based upon the CA MUTCD standards.
The following items are recommended for this intersection:
• Continue to trim and maintain existing foliage to improve sight distance at the
southwest corner of the intersection of 1st Street at Alessandro Avenue.
• Install an all-way stop with crosswalks on all four (4) legs at the study intersection as
a measure to control sight distance issues.
• Monitor the need for a traffic signal in the future.
3.A.7.b
Packet Pg. 354 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
CITY OF SAN JACINTO
RK 15111
Page 8
• Monitor sight distance for obstructions due to existing vegetation.
• Refresh all existing pavement markers at the intersection of 1st Street at Alessandro
Avenue.
It is recommended that the intersection be monitored annually for an increase in traffic
volumes and sufficient sight distance. With additional area growth and other development
in the area, traffic signal warrants could be met in the future.
RK ENGINEERING GROUP, INC. appreciates this opportunity to work the CITY OF SAN
JACINTO and would be happy to discuss these recommendations further, at your earliest
convenience.
Sincerely,
RK ENGINEERING GROUP, INC.
Robert Kahn, P.E. Elias Bandek, E.I.T.
Founding Principal Engineer I
Registered Civil Engineer 20285
Registered Traffic Engineer 0555
Attachments
RK:sl/rk15111.doc
JN:0328-2019-02
3.A.7.b
Packet Pg. 355 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
______________________________________________________________________________
______________________________________________________________________________
Exhibits
3.A.7.b
Packet Pg. 356 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
3.A.7.bPacket Pg. 357Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
3.A.7.bPacket Pg. 358Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
3.A.7.bPacket Pg. 359Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
______________________________________________________________________________
______________________________________________________________________________
Tables
3.A.7.b
Packet Pg. 360 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
ExistingSpeed LimitRecommendedSpeed Limit (MPH)85th PercentileSpeed1 (MPH)50th PercentileSpeed (MPH)10 mph PaceSpeed2 (MPH)Percent Within10 MPH PaceReason forChange1.San Jacinto Avenue to Jordan Avenue25 30 32 26 26-35 56%85th Percentile Speed, 10 MPH Pace Speed and conditions not readily apparent to the driver2.Jordan Avenue to Alessandro Avenue25 30 33 27 26-35 61%85th Percentile Speed, 10 MPH Pace Speed and conditions not readily apparent to the driver12The 85th percentile speed is the speed at or below which 85 percent of the vehicles traveled.The 10-mile per hour pace speed is the 10-mile per hour range within which the largest number of observations fall. Typically, 70 percent of the vehiclesare contained in this range, with 15 percent above and 15 percent below. Table 1Speed Survey SummaryRoadway Segment1st StreetRK15111TBJN:0328-2019-023.A.7.bPacket Pg. 361Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Number of CollisionsNumber of MonthsLink Length (Miles)ADT1Collision Rate2CaltransBase Rate3Exceeds Caltrans Rate1.San Jacinto Avenue to Alessandro Avenue1 36 0.15 4,709 2.62 2.09 Yes1ADT = Average Daily Traffic2Collisions per million vehicle miles traveled. Does not include collisions at the 1st Street intersections with San Jacinto Avenue and Alessandro Avenue.3Based on Caltrans publication 2015 Collision Data on California State Highways (Urban Conditions).Table 2Collision Rate for Study Area Roadway SegmentsRoadway Segment1st StreetRK15111TBJN:0328-2019-023.A.7.bPacket Pg. 362Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
______________________________________________________________________________
______________________________________________________________________________
Appendices
3.A.7.b
Packet Pg. 363 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
Appendix A
24-Hour Directional Volumes and Pedestrian and Bicycle Counts
3.A.7.b
Packet Pg. 364 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
Page 1
City of San Jacinto
N/S: Alessandro Avenue
E/W: 1st Street
24 Hour Entering Volume Count
SJC003EW
Site Code: 105-19049
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: counts@countsunlimited.com
Start 23-Jan-19 Eastbound Hour Totals Westbound Hour Totals Combined Totals
Time Wed Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon
12:00 6 12 0 12
12:15 6 19 3 8
12:30 1 11 2 10
12:45 1 25 14 67 1 18 6 48 20 115
01:00 3 11 1 14
01:15 0 17 2 9
01:30 5 18 1 17
01:45 2 24 10 70 2 31 6 71 16 141
02:00 1 38 0 33
02:15 1 30 0 37
02:30 0 29 1 39
02:45 1 47 3 144 0 50 1 159 4 303
03:00 2 45 1 41
03:15 1 51 0 31
03:30 0 70 2 54
03:45 1 63 4 229 5 35 8 161 12 390
04:00 0 65 1 23
04:15 0 66 7 32
04:30 1 60 6 27
04:45 3 46 4 237 5 24 19 106 23 343
05:00 1 62 8 25
05:15 2 73 2 21
05:30 3 42 11 24
05:45 6 21 12 198 14 14 35 84 47 282
06:00 10 19 6 16
06:15 6 21 10 14
06:30 10 25 22 16
06:45 28 23 54 88 70 9 108 55 162 143
07:00 45 27 53 18
07:15 47 21 75 10
07:30 50 18 67 6
07:45 57 10 199 76 54 7 249 41 448 117
08:00 17 20 17 7
08:15 23 8 16 13
08:30 21 16 22 10
08:45 4 16 65 60 13 13 68 43 133 103
09:00 17 10 18 2
09:15 7 10 17 7
09:30 14 12 8 8
09:45 15 9 53 41 18 6 61 23 114 64
10:00 7 6 6 5
10:15 7 1 11 3
10:30 11 2 11 2
10:45 13 6 38 15 6 4 34 14 72 29
11:00 12 4 8 3
11:15 12 7 20 2
11:30 12 3 15 2
11:45 18 5 54 19 9 3 52 10 106 29
Total 510 1244 510 1244 647 815 647 815 1157 2059
Combined
Total 1754 1754 1462 1462 3216
AM Peak -07:00 ---06:45 -----
Vol.-199 ---265 -----
P.H.F. 0.873 0.883
PM Peak --03:30 ---02:45 ----
Vol.--264 ---176 ----
P.H.F. 0.943 0.815
Percentag
e 29.1%70.9% 44.3%55.7%
ADT/AADT ADT 3,216 AADT 3,216
3.A.7.b
Packet Pg. 365 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
Page 1
City of San Jacinto
N/S: Alessandro Avenue
E/W: 1st Street
24 Hour Entering Volume Count
SJC003NS
Site Code: 105-19049
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: counts@countsunlimited.com
Start 23-Jan-19 Northbound Hour Totals Southbound Hour Totals Combined Totals
Time Wed Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon
12:00 0 9 2 11
12:15 1 9 0 11
12:30 0 11 0 10
12:45 1 9 2 38 2 14 4 46 6 84
01:00 2 14 2 10
01:15 0 10 2 8
01:30 2 9 1 11
01:45 0 12 4 45 3 17 8 46 12 91
02:00 3 10 2 17
02:15 1 13 1 19
02:30 0 9 0 13
02:45 0 13 4 45 0 22 3 71 7 116
03:00 1 10 0 29
03:15 4 13 1 75
03:30 4 14 0 133
03:45 3 6 12 43 0 149 1 386 13 429
04:00 6 8 2 145
04:15 1 8 2 152
04:30 4 9 1 119
04:45 6 13 17 38 1 139 6 555 23 593
05:00 4 12 2 151
05:15 11 9 6 108
05:30 8 18 3 21
05:45 6 8 29 47 6 21 17 301 46 348
06:00 4 7 5 17
06:15 9 9 3 21
06:30 8 12 7 20
06:45 15 12 36 40 16 13 31 71 67 111
07:00 15 10 18 7
07:15 14 10 23 9
07:30 14 6 15 10
07:45 26 7 69 33 17 15 73 41 142 74
08:00 16 7 15 13
08:15 12 1 20 12
08:30 13 4 11 6
08:45 9 4 50 16 9 10 55 41 105 57
09:00 7 3 1 7
09:15 5 4 6 7
09:30 6 5 5 9
09:45 8 0 26 12 12 8 24 31 50 43
10:00 7 4 9 5
10:15 4 4 5 6
10:30 10 2 5 7
10:45 6 3 27 13 7 4 26 22 53 35
11:00 6 3 17 8
11:15 10 0 7 3
11:30 7 1 9 1
11:45 7 1 30 5 11 4 44 16 74 21
Total 306 375 306 375 292 1627 292 1627 598 2002
Combined
Total 681 681 1919 1919 2600
AM Peak -07:15 ---07:00 -----
Vol.-70 ---73 -----
P.H.F. 0.673 0.793
PM Peak --04:45 ---03:30 ----
Vol.--52 ---579 ----
P.H.F. 0.722 0.952
Percentag
e 44.9%55.1% 15.2%84.8%
ADT/AADT ADT 2,600 AADT 2,600
3.A.7.b
Packet Pg. 366 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
Location: Date: 1/23/2019
N/S: Day: Wednesday
E/W:
North Leg East Leg South Leg West Leg
Alessandro Avenue 1st Street Alessandro Avenue 1st Street
Pedestrians Pedestrians Pedestrians Pedestrians
00000
00000
00000
40127
00101
10315
10113
40105
00202
01304
11002
31004
14 3 12 4 33
North Leg East Leg South Leg West Leg
Alessandro Avenue 1st Street Alessandro Avenue 1st Street
Pedestrians Pedestrians Pedestrians Pedestrians
00101
00000
00000
00101
10102
10203
30407
00000
20002
30508
20002
20035
14 0 14 3 31
8:00 AM
2:15 PM
2:30 PM
2:45 PM
3:00 PM
San Jacinto
Alessandro Avenue
1st Street
PEDESTRIANS
6:00 AM
6:15 AM
6:30 AM
8:45 AM
TOTAL VOLUMES:
6:45 AM
7:00 AM
8:15 AM
8:30 AM
7:15 AM
7:30 AM
7:45 AM
TOTAL VOLUMES:
1:00 PM
1:15 PM
1:30 PM
3:45 PM
1:45 PM
2:00 PM
3:15 PM
3:30 PM
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951‐268‐6268
3.A.7.b
Packet Pg. 367 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
Location: Date: 1/23/2019
N/S: Day: Wednesday
E/W:
Left Thru Right Left Thru Right Left Thru Right Left Thru Right
000000000000 0
000000000000 0
000000000000 0
000000000000 0
000010200000 3
000010000000 1
000010000000 1
000000000000 0
000000000000 0
000000000000 0
000000000000 0
001000000010 2
001030200010 7
Left Thru Right Left Thru Right Left Thru Right Left Thru Right
000000000000 0
000000000000 0
000000000000 0
000000000000 0
000000000000 0
000000000010 1
000000000000 0
000000000000 0
000000000000 0
000002002010 5
000000000000 0
000000000001 1
000032002121 11
2:00 PM
2:15 PM
2:30 PM
2:45 PM
1st Street
Alessandro Avenue
San Jacinto
BICYCLES
6:30 AM
6:00 AM
6:15 AM
Eastbound
TOTAL VOLUMES:
1:00 PM
1:15 PM
1:30 PM
3:45 PM
6:45 AM
Southbound Westbound Northbound
Alessandro Avenue 1st Street Alessandro Avenue
7:00 AM
8:15 AM
8:30 AM
8:45 AM
1:45 PM
3:00 PM
3:15 PM
3:30 PM
7:15 AM
7:30 AM
7:45 AM
1st Street
TOTAL VOLUMES:
Alessandro Avenue 1st Street Alessandro Avenue 1st Street
Southbound Westbound Northbound Eastbound
8:00 AM
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951‐268‐6268
3.A.7.b
Packet Pg. 368 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
Appendix B
24-Hour Directional Speed Surveys
3.A.7.b
Packet Pg. 369 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
Page 1
City of San Jacinto
1st Street
E/ Sheriff Avenue
24 Hour Directional Speed Survey
SJC001
Site Code: 105-19049
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: counts@countsunlimited.com
Eastbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
01/23/19 0 0 5 5 5 1 0 0 0 0 0 0 0 0 16
01:00 1 2 1 5 0 0 0 0 0 0 0 0 0 0 9
02:00 0 0 0 1 2 1 0 0 0 0 0 0 0 0 4
03:00 0 0 1 1 2 0 0 0 0 0 0 0 0 0 4
04:00 1 0 0 2 1 2 0 0 0 0 0 0 0 0 6
05:00 1 1 5 4 1 1 0 0 0 0 0 0 0 0 13
06:00 4 0 5 24 23 3 3 0 0 0 0 0 0 0 62
07:00 12 3 24 90 58 14 2 1 0 0 0 0 0 0 204
08:00 4 4 11 24 29 3 2 0 0 0 0 0 0 0 77
09:00 4 4 8 19 18 3 0 0 0 0 0 0 0 0 56
10:00 4 2 6 8 13 5 3 0 0 0 0 0 0 0 41
11:00 1 4 9 20 17 6 1 0 0 0 0 0 0 0 58
12 PM 8 2 9 20 26 9 1 0 0 0 0 0 0 0 75
13:00 7 3 11 30 26 6 0 1 0 0 0 0 0 0 84
14:00 8 2 14 74 44 8 1 0 0 0 0 0 0 0 151
15:00 27 13 34 64 66 20 3 1 1 1 0 0 0 0 230
16:00 44 6 28 76 53 23 5 0 0 0 0 0 0 0 235
17:00 25 6 21 73 62 18 5 0 0 0 0 0 0 0 210
18:00 2 5 12 47 22 2 1 0 0 0 0 0 0 0 91
19:00 6 5 15 30 20 5 1 0 0 0 0 0 0 0 82
20:00 2 6 13 27 17 3 0 0 0 0 0 0 0 0 68
21:00 3 0 14 20 9 2 1 0 0 0 0 0 0 0 49
22:00 2 2 3 5 4 0 0 0 0 0 0 0 0 0 16
23:00 1 2 8 4 8 1 0 0 0 0 0 0 0 0 24
Total 167 72 257 673 526 136 29 3 1 1 0 0 0 0 1865
Daily 15th Percentile : 20 MPH
50th Percentile : 28 MPH
85th Percentile : 33 MPH
95th Percentile : 37 MPH
Statistics Mean Speed(Average) : 28 MPH
10 MPH Pace Speed : 26-35 MPH
Number in Pace : 1199
Percent in Pace : 64.3%
Number of Vehicles > 55 MPH : 1
Percent of Vehicles > 55 MPH : 0.1%
3.A.7.b
Packet Pg. 370 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Page 2
City of San Jacinto
1st Street
E/ Sheriff Avenue
24 Hour Directional Speed Survey
SJC001
Site Code: 105-19049
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: counts@countsunlimited.com
Westbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
01/23/19 0 1 2 1 1 0 0 0 0 0 0 0 0 0 5
01:00 0 0 2 3 3 0 0 0 0 0 0 0 0 0 8
02:00 0 0 1 3 1 1 0 0 0 0 0 0 0 0 6
03:00 0 0 2 2 3 0 0 0 0 0 0 0 0 0 7
04:00 0 2 1 9 9 1 0 0 0 0 0 0 0 0 22
05:00 0 0 10 17 14 1 0 0 0 0 0 0 0 0 42
06:00 2 8 29 61 22 2 0 0 0 0 0 0 0 0 124
07:00 19 7 57 172 57 4 0 0 0 0 0 0 0 0 316
08:00 4 5 18 48 30 8 1 0 0 0 0 0 0 0 114
09:00 0 4 7 33 19 2 1 0 0 0 0 0 0 0 66
10:00 1 1 10 27 10 1 0 0 0 0 0 0 0 0 50
11:00 2 4 9 36 13 2 0 0 0 0 0 0 0 0 66
12 PM 6 5 7 33 19 3 2 0 0 0 0 0 0 0 75
13:00 3 3 12 45 21 2 0 0 0 0 0 0 0 0 86
14:00 7 8 35 113 41 4 0 0 0 0 0 0 0 0 208
15:00 210 32 72 101 41 5 0 0 0 0 0 0 0 0 461
16:00 241 65 142 126 31 2 0 0 0 0 0 0 0 0 607
17:00 42 36 111 106 19 2 0 0 0 0 0 0 0 0 316
18:00 8 5 18 38 18 4 0 0 0 0 0 0 0 0 91
19:00 4 3 21 23 19 2 0 0 0 0 0 0 0 0 72
20:00 0 2 12 19 11 3 0 0 0 0 0 0 0 0 47
21:00 2 0 7 9 9 2 0 0 0 0 0 0 0 0 29
22:00 1 0 2 8 2 1 0 0 0 0 0 0 0 0 14
23:00 0 2 1 4 3 1 1 0 0 0 0 0 0 0 12
Total 552 193 588 1037 416 53 5 0 0 0 0 0 0 0 2844
Daily 15th Percentile : 11 MPH
50th Percentile : 25 MPH
85th Percentile : 30 MPH
95th Percentile : 33 MPH
Statistics Mean Speed(Average) : 23 MPH
10 MPH Pace Speed : 21-30 MPH
Number in Pace : 1625
Percent in Pace : 57.1%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
3.A.7.b
Packet Pg. 371 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Page 3
City of San Jacinto
1st Street
E/ Sheriff Avenue
24 Hour Directional Speed Survey
SJC001
Site Code: 105-19049
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: counts@countsunlimited.com
Eastbound, Westbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
01/23/19 0 1 7 6 6 1 0 0 0 0 0 0 0 0 21
01:00 1 2 3 8 3 0 0 0 0 0 0 0 0 0 17
02:00 0 0 1 4 3 2 0 0 0 0 0 0 0 0 10
03:00 0 0 3 3 5 0 0 0 0 0 0 0 0 0 11
04:00 1 2 1 11 10 3 0 0 0 0 0 0 0 0 28
05:00 1 1 15 21 15 2 0 0 0 0 0 0 0 0 55
06:00 6 8 34 85 45 5 3 0 0 0 0 0 0 0 186
07:00 31 10 81 262 115 18 2 1 0 0 0 0 0 0 520
08:00 8 9 29 72 59 11 3 0 0 0 0 0 0 0 191
09:00 4 8 15 52 37 5 1 0 0 0 0 0 0 0 122
10:00 5 3 16 35 23 6 3 0 0 0 0 0 0 0 91
11:00 3 8 18 56 30 8 1 0 0 0 0 0 0 0 124
12 PM 14 7 16 53 45 12 3 0 0 0 0 0 0 0 150
13:00 10 6 23 75 47 8 0 1 0 0 0 0 0 0 170
14:00 15 10 49 187 85 12 1 0 0 0 0 0 0 0 359
15:00 237 45 106 165 107 25 3 1 1 1 0 0 0 0 691
16:00 285 71 170 202 84 25 5 0 0 0 0 0 0 0 842
17:00 67 42 132 179 81 20 5 0 0 0 0 0 0 0 526
18:00 10 10 30 85 40 6 1 0 0 0 0 0 0 0 182
19:00 10 8 36 53 39 7 1 0 0 0 0 0 0 0 154
20:00 2 8 25 46 28 6 0 0 0 0 0 0 0 0 115
21:00 5 0 21 29 18 4 1 0 0 0 0 0 0 0 78
22:00 3 2 5 13 6 1 0 0 0 0 0 0 0 0 30
23:00 1 4 9 8 11 2 1 0 0 0 0 0 0 0 36
Total 719 265 845 1710 942 189 34 3 1 1 0 0 0 0 4709
Daily 15th Percentile : 14 MPH
50th Percentile : 26 MPH
85th Percentile : 32 MPH
95th Percentile : 34 MPH
Statistics Mean Speed(Average) : 25 MPH
10 MPH Pace Speed : 26-35 MPH
Number in Pace : 2652
Percent in Pace : 56.3%
Number of Vehicles > 55 MPH : 1
Percent of Vehicles > 55 MPH : 0.0%
3.A.7.b
Packet Pg. 372 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Page 1
City of San Jacinto
1st Street
W/ Algona Avenue
24 Hour Directional Speed Survey
SJC002
Site Code: 105-19049
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: counts@countsunlimited.com
Eastbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
01/23/19 3 3 5 2 1 0 0 0 0 0 0 0 0 0 14
01:00 2 0 3 4 1 0 0 0 0 0 0 0 0 0 10
02:00 0 0 1 1 1 0 0 0 0 0 0 0 0 0 3
03:00 1 0 2 1 0 0 0 0 0 0 0 0 0 0 4
04:00 0 1 1 0 2 0 0 0 0 0 0 0 0 0 4
05:00 2 1 5 3 1 0 0 0 0 0 0 0 0 0 12
06:00 1 2 11 30 8 2 0 0 0 0 0 0 0 0 54
07:00 16 2 63 89 29 0 0 0 0 0 0 0 0 0 199
08:00 4 2 9 39 10 1 0 0 0 0 0 0 0 0 65
09:00 5 2 14 25 6 1 0 0 0 0 0 0 0 0 53
10:00 7 2 4 14 9 2 0 0 0 0 0 0 0 0 38
11:00 1 0 14 25 13 1 0 0 0 0 0 0 0 0 54
12 PM 2 7 12 28 15 3 0 0 0 0 0 0 0 0 67
13:00 0 2 20 31 14 2 1 0 0 0 0 0 0 0 70
14:00 17 0 24 66 34 3 0 0 0 0 0 0 0 0 144
15:00 32 4 38 98 46 9 0 2 0 0 0 0 0 0 229
16:00 31 9 44 87 58 6 2 0 0 0 0 0 0 0 237
17:00 13 0 33 106 42 3 1 0 0 0 0 0 0 0 198
18:00 5 5 23 42 13 0 0 0 0 0 0 0 0 0 88
19:00 3 3 21 34 14 0 1 0 0 0 0 0 0 0 76
20:00 0 0 16 34 9 0 1 0 0 0 0 0 0 0 60
21:00 1 4 12 20 3 1 0 0 0 0 0 0 0 0 41
22:00 0 1 6 7 1 0 0 0 0 0 0 0 0 0 15
23:00 0 1 9 4 5 0 0 0 0 0 0 0 0 0 19
Total 146 51 390 790 335 34 6 2 0 0 0 0 0 0 1754
Daily 15th Percentile : 20 MPH
50th Percentile : 26 MPH
85th Percentile : 31 MPH
95th Percentile : 34 MPH
Statistics Mean Speed(Average) : 26 MPH
10 MPH Pace Speed : 21-30 MPH
Number in Pace : 1180
Percent in Pace : 67.3%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
3.A.7.b
Packet Pg. 373 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Page 2
City of San Jacinto
1st Street
W/ Algona Avenue
24 Hour Directional Speed Survey
SJC002
Site Code: 105-19049
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: counts@countsunlimited.com
Westbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
01/23/19 1 1 1 3 0 0 0 0 0 0 0 0 0 0 6
01:00 1 0 4 2 1 1 0 0 0 0 0 0 0 0 9
02:00 2 0 2 1 1 0 0 0 0 0 0 0 0 0 6
03:00 1 1 0 1 0 1 0 0 0 0 0 0 0 0 4
04:00 1 2 5 7 2 2 0 0 0 0 0 0 0 0 19
05:00 2 3 8 11 11 2 0 0 0 0 0 0 0 0 37
06:00 24 6 22 48 26 6 0 0 0 0 0 0 0 0 132
07:00 69 10 40 110 87 17 0 0 0 0 0 0 0 0 333
08:00 9 4 15 30 24 9 5 0 0 0 0 0 0 0 96
09:00 3 1 5 16 25 8 2 1 0 0 0 0 0 0 61
10:00 6 2 5 10 16 6 1 0 0 0 0 0 0 0 46
11:00 3 2 4 19 20 9 0 0 0 0 0 0 0 0 57
12 PM 3 5 8 17 17 12 1 0 1 0 0 0 0 0 64
13:00 1 0 11 25 29 16 0 0 0 0 0 0 0 0 82
14:00 11 3 18 56 73 28 1 0 0 0 0 0 0 0 190
15:00 59 36 65 132 104 36 11 1 0 0 0 0 0 0 444
16:00 80 41 85 205 146 39 4 0 0 0 0 0 0 0 600
17:00 12 15 57 124 78 18 2 0 0 0 0 0 0 0 306
18:00 3 4 22 20 26 5 1 1 0 0 0 0 0 0 82
19:00 5 4 11 19 13 6 3 0 0 0 0 0 0 0 61
20:00 0 1 7 18 10 5 0 1 0 0 0 0 0 0 42
21:00 3 2 6 7 6 3 1 0 0 0 0 0 0 0 28
22:00 0 1 2 8 1 0 1 0 0 0 0 0 0 0 13
23:00 0 0 2 3 2 2 1 1 0 0 0 0 0 0 11
Total 299 144 405 892 718 231 34 5 1 0 0 0 0 0 2729
Daily 15th Percentile : 18 MPH
50th Percentile : 27 MPH
85th Percentile : 34 MPH
95th Percentile : 37 MPH
Statistics Mean Speed(Average) : 27 MPH
10 MPH Pace Speed : 26-35 MPH
Number in Pace : 1610
Percent in Pace : 59.0%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
3.A.7.b
Packet Pg. 374 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Page 3
City of San Jacinto
1st Street
W/ Algona Avenue
24 Hour Directional Speed Survey
SJC002
Site Code: 105-19049
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
Phone: (951) 268-6268
email: counts@countsunlimited.com
Eastbound, Westbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
01/23/19 4 4 6 5 1 0 0 0 0 0 0 0 0 0 20
01:00 3 0 7 6 2 1 0 0 0 0 0 0 0 0 19
02:00 2 0 3 2 2 0 0 0 0 0 0 0 0 0 9
03:00 2 1 2 2 0 1 0 0 0 0 0 0 0 0 8
04:00 1 3 6 7 4 2 0 0 0 0 0 0 0 0 23
05:00 4 4 13 14 12 2 0 0 0 0 0 0 0 0 49
06:00 25 8 33 78 34 8 0 0 0 0 0 0 0 0 186
07:00 85 12 103 199 116 17 0 0 0 0 0 0 0 0 532
08:00 13 6 24 69 34 10 5 0 0 0 0 0 0 0 161
09:00 8 3 19 41 31 9 2 1 0 0 0 0 0 0 114
10:00 13 4 9 24 25 8 1 0 0 0 0 0 0 0 84
11:00 4 2 18 44 33 10 0 0 0 0 0 0 0 0 111
12 PM 5 12 20 45 32 15 1 0 1 0 0 0 0 0 131
13:00 1 2 31 56 43 18 1 0 0 0 0 0 0 0 152
14:00 28 3 42 122 107 31 1 0 0 0 0 0 0 0 334
15:00 91 40 103 230 150 45 11 3 0 0 0 0 0 0 673
16:00 111 50 129 292 204 45 6 0 0 0 0 0 0 0 837
17:00 25 15 90 230 120 21 3 0 0 0 0 0 0 0 504
18:00 8 9 45 62 39 5 1 1 0 0 0 0 0 0 170
19:00 8 7 32 53 27 6 4 0 0 0 0 0 0 0 137
20:00 0 1 23 52 19 5 1 1 0 0 0 0 0 0 102
21:00 4 6 18 27 9 4 1 0 0 0 0 0 0 0 69
22:00 0 2 8 15 2 0 1 0 0 0 0 0 0 0 28
23:00 0 1 11 7 7 2 1 1 0 0 0 0 0 0 30
Total 445 195 795 1682 1053 265 40 7 1 0 0 0 0 0 4483
Daily 15th Percentile : 20 MPH
50th Percentile : 27 MPH
85th Percentile : 33 MPH
95th Percentile : 36 MPH
Statistics Mean Speed(Average) : 27 MPH
10 MPH Pace Speed : 26-35 MPH
Number in Pace : 2735
Percent in Pace : 61.0%
Number of Vehicles > 55 MPH : 0
Percent of Vehicles > 55 MPH : 0.0%
3.A.7.b
Packet Pg. 375 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Appendix C
Existing Roadway Conditions
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ROADWAY: 1st Street SEGMENT # 1 DATE: 01/31/2019
LIMITS: b/t San Jacinto Avenue and Alessandro Avenue JOB NO.: 0328-2019-02
DIRECTION OF TRAVEL (Circle one): EB WB
A. Roadway Characteristics
1. Total Curb to Curb Street width (feet) 50' (1)
2. Number of through travel lanes by direction 1 (1)
3. Median Type (P = Painted, R = Raised) N (1)
4. On-street parking (Y/N) Y (1)
5. Speed limit (mph) 25 (1)
6. Surrounding land uses Residential (1)
7. Does surrounding land use have direct access Y (1)
8. Frequency of driveways (frequent, rare, none) Frequent (1)
9. Curb and gutter present Y (1)
10. Sidewalks present Y (1)
11. Street illumination midblock Y (1)
12. Street illumination at intersections N Y
13. Two-way daily traffic volume (ADT) 4,709 (1)
14. Length of segment (miles) 0.25 (1)
B. Speed Characteristics
1. 85th percentile speed (mph) 32 (1)
2. Average speed (mph) 25 (1)
3. 50th percentile speed (mph) 26 (1)
4. Range of speeds (mph) - - (1)
5. 10 mile per hour pace speed (mph) 26-35 (1)
6. Percent in 10 miles per hour pace 56% (1)
C. Accident Analysis for preceding 3 years
1. Number of fatal accidents - - - -
2. Number of injury accidents - - - -
3. Number of property damage only accidents - - - -
4. Total number of accidents 1 (1)
5. Fatal accident rate per MVMT1 - - - -
6. Injury accident rate per MVMT1 - - - -
7. Property damage only accident rate per MVMT1 - - - -
8. Total accident rate per MVMT1 2.62 (1)
9. Is accident rate higher than Caltrans value?
(Suburban/Urban value = 1.80/2.09)
Y (1)
D. Other Special Conditions
1. Crosswalk Y (1)
2. School Crosswalk N (1)
3. Vertical Curves N (1)
4. Horizontal Curves N (1)
5. School Speed Zone N (1)
6. Other Limited Sight Distance (1)
E. Recommended speed limit (mph) 30 (1)
(1) = Data in left column is for both directions
1 MVMT = Million Vehicle Miles Traveled
ENGINEERING AND TRAFFIC SURVEY
SPEED STUDY TRAFFIC CONDITIONS FORM
Prepared By: Elias Bandek Reviewed By: Robert Kahn
3.A.7.b
Packet Pg. 377 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
Appendix D
CalTrans Policy Directive 09-04 and
California MUTCD 2014 for Setting Speed Limits
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California MUTCD 2014 for Setting Speed Limits
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Packet Pg. 389 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
California MUTCD 2014 Edition Page 133
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
04 If used, the Overhead Pedestrian Crossing sign shall be placed over the roadway at the crosswalk
location.
05 An In-Street or Overhead Pedestrian Crossing sign shall not be placed in advance of the crosswalk to
educate road users about the State law prior to reaching the crosswalk, nor shall it be installed as an
educational display that is not near any crosswalk.
Guidance:
06 If an island (see Chapter 3I) is available, the In-Street Pedestrian Crossing sign, if used, should be placed on
the island.
Option:
07 If a Pedestrian Crossing (W11-2) warning sign is used in combination with an In-Street or an Overhead
Pedestrian Crossing sign, the W11-2 sign with a diagonal downward pointing arrow (W16-7P) plaque may be
post-mounted on the right-hand side of the roadway at the crosswalk location.
Standard:
08 The In-Street Pedestrian Crossing sign and the Overhead Pedestrian Crossing sign shall not be used at
signalized locations controlled approaches.
09 The STOP FOR legend shall only be used in States where the State law specifically requires that a
driver must stop for a pedestrian in a crosswalk.
10 The In-Street Pedestrian Crossing sign shall have a black legend (except for the red STOP or YIELD
sign symbols) and border on a white background, surrounded by an outer yellow or fluorescent yellow-
green background area (see Figure 2B-2). The Overhead Pedestrian Crossing sign shall have a black legend
and border on a yellow or fluorescent yellow-green background at the top of the sign and a black legend and
border on a white background at the bottom of the sign (see Figure 2B-2).
11 Unless the In-Street Pedestrian Crossing sign is placed on a physical island, the sign support shall be
designed to bend over and then bounce back to its normal vertical position when struck by a vehicle.
Support:
12 The Provisions of Section 2A.18 concerning mounting height are not applicable for the In-Street Pedestrian
Crossing sign.
Standard:
13 The top of an In-Street Pedestrian Crossing sign shall be a maximum of 4 feet above the pavement
surface. The top of an In-Street Pedestrian Crossing sign placed in an island shall be a maximum of 4 feet
above the island surface.
Option:
14 The In-Street Pedestrian Crossing sign may be used seasonably seasonally to prevent damage in winter because
of plowing operations, and may be removed at night if the pedestrian activity at night is minimal.
15 In-Street Pedestrian Crossing signs, Overhead Pedestrian Crossing signs, and Yield Here To (Stop Here For)
Pedestrians signs may be used together at the same crosswalk.
Section 2B.13 Speed Limit Sign (R2-1)
Support:
00 The setting of speed limits can be controversial and requires a rational and defensible determination to maintain public
confidence. Speed limits are normally set near the 85th-percentile speed that statistically represents one standard deviation
above the average speed and establishes the upper limit of what is considered reasonable and prudent. As with most laws,
speed limits need to depend on the voluntary compliance of the greater majority of motorists. Speed limits cannot be set
arbitrarily low, as this would create violators of the majority of drivers and would not command the respect of the public.
Standard:
01 Speed zones (other than statutory speed limits) shall only be established on the basis of an engineering
and traffic survey (E&TS) study that has been performed in accordance with traffic engineering practices. The
engineering study shall include an analysis of the current speed distribution of free-flowing vehicles.
02 The Speed Limit (R2-1) sign (see Figure 2B-3) shall display the limit established by law, ordinance,
regulation, or as adopted by the authorized agency based on the engineering study. The speed limits
displayed shall be in multiples of 5 mph.
Revised April 7, 2017
3.A.7.b
Packet Pg. 390 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
California MUTCD 2014 Edition Page 134
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
03 Speed Limit (R2-1) signs, indicating speed limits for which posting is required by law, shall be located at
the points of change from one speed limit to another.
04 At the downstream end of the section to which a speed limit applies, a Speed Limit sign showing the next
speed limit shall be installed. Additional Speed Limit signs shall be installed beyond major intersections and
at other locations where it is necessary to remind road users of the speed limit that is applicable.
05 Speed Limit signs indicating the statutory speed limits shall be installed at entrances to the State and,
where appropriate, at jurisdictional boundaries in urban areas.
Support:
06 In general, the maximum speed limits applicable to rural and urban roads are established:
A. Statutorily – a maximum speed limit applicable to a particular class of road, such as freeways or city streets,
that is established by State law; or
B. As altered speed zones – based on engineering studies.
07 State statutory limits might restrict the maximum speed limit that can be established on a particular road,
notwithstanding what an engineering study might indicate.
Option:
08 If a jurisdiction has a policy of installing Speed Limit signs in accordance with statutory requirements only on
the streets that enter a city, neighborhood, or residential area to indicate the speed limit that is applicable to the
entire city, neighborhood, or residential area unless otherwise posted, a CITYWIDE (R2-5aP), NEIGHBORHOOD
(R2-5bP), or RESIDENTIAL (R2-5cP) plaque may be mounted above the Speed Limit sign and an UNLESS
OTHERWISE POSTED (R2-5P) plaque may be mounted below the Speed Limit sign (see Figure 2B-3).
Guidance:
09 A Reduced Speed Limit Ahead (W3-5 or W3-5a) sign (see Section 2C.38) should be used to inform road users
of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering
judgment indicates the need for advance notice to comply with the posted speed limit ahead.
10 States and local agencies should conduct engineering studies at least once every 5, 7 or 10 years, in compliance
with CVC Section 40802 to reevaluate non-statutory speed limits on segments of their roadways that have undergone
significant changes since the last review, such as the addition or elimination of parking or driveways, changes in
the number of travel lanes, changes in the configuration of bicycle lanes, changes in traffic control signal
coordination, or significant changes in traffic volumes.
11 No more than three speed limits should be displayed on any one Speed Limit sign or assembly.
12 When a speed limit within a speed zone is posted, it should be within 5 mph of the 85th-percentile speed of free-
flowing traffic.
Standard:
12aWhen a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile
speed of free-flowing traffic, except as shown in the two Options below.
Option:
1. The posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in
compliance with CVC Sections 627 and 22358.5. See Standard below for documentation requirements.
2. For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, then the
speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further
reduction is used. Refer to CVC Section 21400(b).
Standard:
12b If the speed limit to be posted has had the 5 mph reduction applied, then an E&TS shall document in writing the
conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The
reasons for the lower speed limit shall be in compliance with CVC Sections 627 and 22358.5.
Support:
12c The following examples are provided to explain the application of these speed limit criteria:
Example 1. Using Option 1 above and first step is to round down: If the 85th percentile speed in a speed survey for a
location was 37 mph, then the speed limit would be established at 35 mph since it is the closest 5 mph increment to the
37 mph speed. As indicated by the option, this 35 mph established speed limit could be reduced by 5 mph to 30 mph if
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California MUTCD 2014 Edition Page 135
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
the conditions and justification for using this lower speed limit are documented in the E&TS and approved by a
registered Civil or Traffic Engineer.
Example 2. Using Option 1 above and first step is to round up: If the 85th percentile speed in a speed survey for a location
was 33 mph, then the speed limit would be established at 35 mph since it is the closest 5 mph increment to the 33 mph
speed. As indicated by the option, this 35 mph speed limit could be reduced by 5 mph to 30 mph if the conditions and
justification for using this lower speed limit are documented in the E&TS and approved by a registered Civil or Traffic
Engineer.
Example 3. Using Option 2 above and first step is to round up: If the 85th percentile speed in a speed survey for a location
was 33 mph, instead of rounding up to 35mph, the speed limit can be established at 30mph, but no further reductions
can be applied (which is allowed in the two examples above).
Standard:
12d Examples 1 and 2 for establishing posted speed limits shall apply to engineering and traffic surveys (E&TS)
performed on or after July 1, 2009 in accordance with Caltrans’ Traffic Operations Policy Directive Number 09-04
dated June 29, 2009.
Option:
12e After January 1, 2012, Example 3 may be used to establish speed limits. Refer to CVC 21400(b).
Support:
12f Any existing E&TS that was performed before July 1, 2009 in accordance with previous traffic control device standards is
not required to comply with the new criteria until it is due for reevaluation per the 5, 7 or 10 year criteria.
13 Speed studies for signalized intersection approaches should be taken outside the influence area of the traffic
control signal, which is generally considered to be approximately 1/2 mile, to avoid obtaining skewed results for
the 85th-percentile speed.
Support:
14 Advance warning signs and other traffic control devices to attract the motorist’s attention to a signalized
intersection are usually more effective than a reduced speed limit zone.
Guidance:
15 An advisory speed plaque (see Section 2C.08) mounted below a warning sign should be used to warn road
users of an advisory speed for a roadway condition. A Speed Limit sign should not be used for this situation.
Option:
16 Other factors that may be considered when establishing or reevaluating speed limits are the following:
A. Road characteristics, shoulder condition, grade, alignment, and sight distance;
B. The pace;
C. Roadside development and environment;
D. Parking practices and pedestrian activity; and
E. Reported crash experience for at least a 12-month period.
17 Two types of Speed Limit signs may be used: one to designate passenger car speeds, including any nighttime
information or minimum speed limit that might apply; and the other to show any special speed limits for trucks and
other vehicles.
18 A changeable message sign that changes the speed limit for traffic and ambient conditions may be installed
provided that the appropriate speed limit is displayed at the proper times.
19 A changeable message sign that displays to approaching drivers the speed at which they are traveling may be
installed in conjunction with a Speed Limit sign.
Guidance:
20 If a changeable message sign displaying approach speeds is installed, the legend YOUR SPEED XX MPH or
such similar legend should be displayed. The color of the changeable message legend should be a yellow legend
on a black background or the reverse of these colors.
Support:
21 Advisory Speed signs and plaques are discussed in Sections 2C.08 and 2C.14. Temporary Traffic Control Zone
Speed signs are discussed in Part 6. The WORK ZONE (G20-5aP) plaque intended for installation above a Speed
Limit sign is discussed in Section 6F.12. School Speed Limit signs are discussed in Section 7B.15.
3.A.7.b
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California MUTCD 2014 Edition Page 136
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
22 Speed limits in California are governed by the California Vehicle Code (CVC), Sections 22348 through 22413; also,
pertinent sections are found in Sections 627 and 40802 and others referenced in this section. See Section 1A.11 for
information regarding this publication.
23 Refer to Part 6, Section 6C.01 for speed limit signs in temporary traffic control zones. Refer to Part 7 for speed limit signs
in school areas.
Engineering and Traffic Survey (E&TS)
Support:
24 CVC Section 627 defines the term “Engineering and traffic survey” and lists its requirements.
Standard:
25 An engineering and traffic survey (E&TS) shall include, among other requirements deemed necessary by Caltrans,
consideration of all of the following:
A. Prevailing speeds as determined by traffic engineering measurements.
B. Collision records.
C. Highway, traffic, and roadside conditions not readily apparent to the driver.
Guidance:
26 The E&TS should contain sufficient information to document that the required three items of CVC Section 627 are provided
and that other conditions not readily apparent to a driver are properly identified.
27 Prevailing speeds are determined by a speed zone survey. A speed zone survey should include:
A. The intent of the speed measurements is to determine the actual speed of unimpeded traffic. The speed of traffic should
not be altered by concentrated law enforcement, or other means, just prior to, or while taking the speed measurements.
B. Only one person is required for the field work. Speeds should be read directly from a radar or other electronic speed
measuring devices; or,
C. Devices, other than radar, capable of accurately distinguishing and measuring the unimpeded speed of free flowing
vehicles may be used.
D. A location should be selected where prevailing speeds are representative of the entire speed zone section. If speeds
vary on a given route, more than one speed zone section may be required, with separate measurements for each
section. Locations for measurements should be chosen so as to minimize the effects of traffic signals or stop signs.
E. Speed measurements should be taken during off-peak hours between peak traffic periods on weekdays. If there is
difficulty in obtaining the desired quantity, speed measurements may be taken during any period with free flowing traffic.
F. The weather should be fair (dry pavement) with no unusual conditions prevailing.
G. The surveyor and equipment should not affect the traffic speeds. For this reason, an unmarked car is recommended,
and the radar speed meter located as inconspicuously as possible.
H. In order for the sample to be representative of the actual traffic flow, the minimum sample should be 100 vehicles in
each survey. In no case should the sample contain less than 50 vehicles.
I. Short speed zones of less than 0.5 miles should be avoided, except in transition areas.
J. Speed zone changes should be coordinated with changes in roadway conditions or roadside development.
K. Speed zoning should be in 10 mph increments except in urban areas where 5 mph increments are preferable.
L. Speed zoning should be coordinated with adjacent jurisdictions.
Support:
28 Physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to the
driver, in the absence of other factors, would not require special downward speed zoning. Refer to CVC 22358.5.
Option:
29 When qualifying an appropriate speed limit, local authorities may also consider all of the following findings:
A. Residential density, if any of the following conditions exist on the particular portion of highway and the property
contiguous thereto, other than a business district:
1. Upon one side of the highway, within 0.25 miles, the contiguous property fronting thereon is occupied by 13 or more
separate dwelling houses or business structures.
2. Upon both sides of the highway, collectively, within a distance of 0.25 miles the contiguous property fronting thereon
is occupied by 16 or more separate dwelling houses or business structures.
3.A.7.b
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Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
3. The portion of highway is larger than 0.25 miles but has the ratio of separate dwelling houses or business structures
to the length of the highway described in either subparagraph 1 or 2 above.
B. Pedestrian and bicyclist safety.
30 The following two methods of conducting E&TS may be used to establish speed limits:
1. State Highways - The E&TS for State highways is made under the direction of the Caltrans District Traffic Engineer. The
data includes:
a. One copy of the Example of Speed Zone Survey Sheet (See Figure 2B-101(CA)) showing:
A north arrow
Engineer's station or post mileage
Limits of the proposed zones
Appropriate notations showing type of roadside development, such as “scattered business,” “solid residential,”
etc. Schools adjacent to the highway are shown, but other buildings need not be plotted unless they are a
factor in the speed recommendation or the point of termination of a speed zone.
Collision rates for the zones involved
Average daily traffic volume
Location of traffic signals, signs and markings
If the highway is divided, the limits of zones for each direction of travel
Plotted 85th percentile and pace speeds at location taken showing speed profile
b. A report to the District Director that includes:
The reason for the initiation of speed zone survey.
Recommendations and supporting reasons.
The enforcement jurisdictions involved and the recommendations and opinions of those officials.
The stationing or reference post in mileage at the beginning and ending of each proposed zone and any
intermediate equations. Location ties must be given to readily identifiable physical features.
2. City and County Through Highways, Arterials, Collector Roads and Local Streets.
a. The short method of speed zoning is based on the premise that a reasonable speed limit is one that conforms to the
actual behavior of the majority of motorists, and that by measuring motorists' speeds, one will be able to select a
speed limit that is both reasonable and effective. Other factors that need to be considered include but are not limited
to: the most recent two-year collision record, roadway design speed, safe stopping sight distance, superelevation,
shoulder conditions, profile conditions, intersection spacing and offsets, commercial driveway characteristics, and
pedestrian traffic in the roadway without sidewalks.
b. Determination of Existing Speed Limits - Figures 2B-103(CA) & 2B-104(CA) show examples of data sheets which
may be used to record speed observations. Specific types of vehicles may be tallied by use of letter symbols in
appropriate squares.
31 In most situations, the short form for local streets and roads will be adequate; however, the procedure used on State
highways may be used at the option of the local agency.
Guidance:
32 The factors justifying a reduction below the 85th percentile speed for the posted speed limit are the same factors mentioned
above. Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone
survey or the accompanying engineering report.
33 The establishment of a speed limit of more than 5 mph below the 85th percentile speed should be done with great care as
studies have shown that establishing a speed limit at less than the 85th percentile generally results in an increase in collision
rates; in addition, this may make violators of a disproportionate number of the reasonable majority of drivers.
Support:
34 Generally, the most decisive evidence of conditions not readily apparent to the driver surfaces in collision histories.
35 Speed limits are established at or near the 85th percentile speed, which is defined as that speed at or below which 85th
percent of the traffic is moving. The 85th percentile speed is often referred to as the critical speed. Pace speed is defined as the
10 mph increment of speed containing the largest number of vehicles (See Figure 2B-102(CA)). The lower limit of the pace is
plotted on the Speed Zone Survey Sheets as an aid in determining the proper zone limits. Speed limits higher than the 85th
3.A.7.b
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Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
percentile are not generally considered reasonable and prudent. Speed limits below the 85th percentile do not ordinarily
facilitate the orderly movement of traffic and require constant enforcement to maintain compliance. Speed limits established on
the basis of the 85th percentile conform to the consensus of those who drive highways as to what speed is reasonable and
prudent, and are not dependent on the judgment of one or a few individuals.
36 The majority of drivers comply with the basic speed law. Speed limits set at or near the 85th percentile speed provide law
enforcement officers with a limit to cite drivers who will not conform to what the majority considers reasonable and prudent.
Further studies show that establishing a speed limit at less than the 85th percentile (Critical Speed) generally results in an
increase in collision rates.
Option:
37 When roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, as
indicated in collision records, speed limits somewhat below the 85th percentile may be justified. Concurrence and support of
enforcement officials are necessary for the successful operation of a restricted speed zone.
Guidance:
38 Speed zones of less than 0.5 miles and short transition zones should be avoided.
Signs
Standard:
39 The Speed Limit (R2-1) sign shall be used to give notice of a prima facie or maximum speed limit except as
provided under Prima Facie Speed Limits in CVC 22352.
40 When used, the TRUCKS, 3 AXLES OR MORE 55 MAXIMUM (R6-3(CA)) sign shall be installed approximately 750
feet following each R2-1 sign.
41 The ALL VEHICLES WHEN TOWING 55 MAXIMUM (R6-4(CA)) sign shall be installed approximately 750 feet
following the R6-3(CA) sign.
Guidance:
42 The R6-3(CA) and R6-4(CA) signs should be placed on highway segments where speeds in excess of 55 mph are
permitted.
Option:
43 The existing AUTOS WITH TRAILERS, TRUCKS 55 MAXIMUM (R6-1(CA)) sign may remain in place until it is knocked
down, damaged, stolen, vandalized, or otherwise reaches the end of its useful life.
44 The local California Highway Patrol office may be consulted to identify highway segments where enforcement is an issue.
On these segments early replacement of existing R6-1(CA) signs may be necessary.
Support:
45 Refer to CVC Section 22406 for types of vehicles subject to the 55 mph maximum speed limit.
Option:
46 The Speed Zone Ahead (R2-4(CA)) sign (see Figure 2B-3(CA)) may be used to inform the motorist of a reduced speed
zone.
Standard:
47 The R2-4(CA) sign shall always be followed by a Speed Limit (R2-1) sign installed at the beginning of the zone
where the reduced speed limit applies.
48 The End Speed Limit (R3(CA)) sign shall only be used to mark the end of a speed zone.
49 The R3(CA) sign shall not be used at a transition into a change in speed limits within a reduced zone.
Option:
50 The R3(CA) sign (see Figure 2B-3(CA)) may be used with the TRUCK (M4-4) plaque to mark the end of truck speed zones
on descending grades.
Standard:
51 Speed limit signs shall be placed at the beginning of all restricted speed zones.
Option:
52 Where speed zones are longer than 1 mile, intermediate signs may be placed at approximate 1 mile intervals. For three or
more lanes in each direction, dual installation may be used.
3.A.7.b
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Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
Standard:
53 The Speed Limit (R2-1) and End Speed Limit (R3(CA)) signs, as appropriate shall be placed at the end of all
restricted speed zones.
54 Freeways with 65 mph and those segments where a speed limit of 70 mph has been approved by Caltrans, with
approval by the California Highway Patrol, shall be posted as follows:
At the segment entrance, R2-1 signs shall be installed right of traffic off of the right shoulder.
R2-1 signs shall also be installed off of the right shoulder only, throughout the segment, at a maximum of 25
mile intervals.
Option:
The 25 mile interval may be modified to include locations following entrance ramps.
Standard:
The R6-3(CA) sign (see Figure 2B-3(CA)) shall be installed approximately 750 feet following each R2-1 sign, both
at the beginning and throughout each 60, 65 or 70 mph segment.
The R6-4(CA) sign (see Figure 2B-3(CA)) shall be installed approximately 750 feet following each R6-3(CA) sign.
Option:
The SLOWER TRAFFIC KEEP RIGHT (R4-3) signs may be installed at locations where there is a tendency of the
motorists to drive in the left-hand lane(s) below the normal speed of traffic.
Standard:
Signs shall be placed in protected locations.
At the end of the 70/65 mph segment, R2-1 signs shall be installed off of the right shoulder.
55 Freeway segments where a 55 mph speed limit has been approved by Caltrans, with the approval of the California
Highway Patrol, shall be posted as follows:
The beginning of the segment shall be posted with an R2-1 sign installed on the right shoulder and left shoulder
where the median is of sufficient width to permit sign maintenance without lane closures.
Guidance:
Subsequent signs should then be posted on the right shoulder, on approximate 3 mile intervals, with no more than 3
interchanges between signs.
At the end of the segment, an R2-1 sign with the appropriate number for the next speed limit should be posted on the
right shoulder.
56 Conventional highways with 55 mph speed limits should be posted as follows:
Standard:
The beginning of the segment shall be posted with an R2-1 sign installed on the right shoulder.
Guidance:
Subsequent signs should then be posted on approximate 5 to 10 mile intervals and immediately after locations where
significant volumes of traffic enter the segment.
At the end of the segment, an R2-1 sign with the appropriate number for the next speed limit should be posted on the
right shoulder.
Conventional highways with 65 mph speed limits should be posted as follows:
The beginning of the segment should be posted with an R2-1 sign installed on the right shoulder.
Subsequent signs should then be posted at 5 to 10 mile intervals and after locations where significant volumes of traffic
enter the segment.
At the end of the segment, an R2-1 sign with the appropriate number for the next speed limit should be posted on the
right shoulder.
Option:
57 Pavement markings with appropriate numerals (see Section 3B.21) may be used to supplement speed limit signs.
Standard:
58 The R2-1 and R6-3(CA) and R6-4(CA) signs giving maximum statewide speed limits for various types of vehicles
shall be installed on all State highways near the points of entrance into California.
3.A.7.b
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(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
Guidance:
59 The R2-1 and R6-3(CA) and R6-4(CA) signs should be placed in a location to be most effectively viewed by the
approaching motorists.
Standard:
60 Speed Limit (R2-1) signs shall be installed throughout segments of freeway with posted speed limits of 65 mph or
70 mph at a maximum of 25 mile intervals.
Option:
61 The 25 mile interval may be modified to include locations following entrance ramps.
Standard:
62 Speed Limit (R2-1) signs shall be installed throughout segments of conventional highways with a posted speed
limit of 65 mph at 5 mile to 10 mile intervals.
63 Speed Limit (R2-1) signs shall be installed throughout segments of freeway with a posted speed limit of 55 mph at
approximately 3 mile intervals with no more than 3 interchanges between signs.
64 Speed Limit (R2-1) signs shall be installed throughout segments of conventional highways with a posted speed
limit of 55 mph at 5 mile to 10 mile intervals.
Speed Enforced Signs
Option:
65 The SPEED ENFORCED BY RADAR (R48(CA)) sign (see Figure 2B-3(CA)) may be used where the California Highway
Patrol has received authority to use radar and requests such signs.
Guidance:
66 One sign should be used in each direction at the beginning of the segment of roadway, and at intervening major route
intersections, where radar enforcement is in effect.
Support:
67 The R48(CA) sign is a stand-alone sign intended to alert motorists that speed is enforced by radar on a particular segment
of roadway.
Option:
68 The RADAR ENFORCED (R48-1(CA)) sign (see Figure 2B-3(CA)) may be used in combination with the Speed Limit (R2-
1) sign on any roadway where law enforcement has the authority to use radar.
Guidance:
69 When used, the R48-1(CA) sign should be placed below the R2-1 sign, at the beginning of the segment of roadway and at
intervening major intersections, where radar enforcement is in effect.
Option:
70 The SPEED ENFORCED BY AIRCRAFT (R48-2(CA)) sign (see Figure 2B-3(CA)) may be placed, when requested by the
California Highway Patrol, on sections of highway regularly patrolled by aircraft.
Standard:
71 The R48-2(CA) sign shall be used for both directions of travel.
Guidance:
72 The R48-2(CA) sign should be placed at the beginning of the section and spaced at 25 mile intervals. See Figure 3B-
105(CA).
Vehicle Speed Feedback Signs
Option:
73 A Vehicle Speed Feedback sign that displays to approaching drivers the speed at which they are traveling may be installed
in conjunction with a Speed Limit (R2-1) sign.
Standard:
74 If a Vehicle Speed Feedback sign displaying approach speeds is installed, the legend shall be YOUR SPEED XX.
The numerals displaying the speed shall be white, yellow, yellow-green or amber color on black background. When
activated, lights shall be steady-burn conforming to the provisions of CVC Sections 21466 and 21466.5. Vehicle Speed
Feedback signs shall not alternatively be operated as variable speed limit signs.
3.A.7.b
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(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
Guidance:
75 To the degree practical, numerals for displaying approach speeds should be similar font and size as numerals on the
corresponding Speed Limit (R2-1) sign.
Option:
76 When used, the Vehicle Speed Feedback sign may be mounted on either a separate support or on the same support as
the Speed Limit (R2-1) sign.
77 In lieu of lights, legend may be retroreflective film for flip-disk systems.
78 The legend YOUR SPEED may be white on black plaque located above the changeable speed display.
Support:
79 Driver comprehension may improve when the Vehicle Speed Feedback Sign is mounted on the same support below the
Speed Limit (R2-1) sign.
80 Vehicle Speed Feedback Signs are appropriate for use with advisory speed signs and with temporary signs in temporary
traffic control zones.
Basic Speed Law and Prima Facie Speed Limits – See CVC 22350 & 22352
Support:
81 The basic speed law states “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or
prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a
speed which endangers the safety of persons or property.”
Standard:
82 Prima facie speed limits are specific limits and shall apply unless changed based upon an engineering and traffic
survey (E&TS) and signs are posted that display the new speed limit.
Option:
83 Prima facie speed limits may be preempted by the basic speed law, when roadway, traffic or weather conditions warrant a
lower speed.
Use of Metric System Designations – See CVC 21351.3
Option:
84 Dual units for speed limits on signs may be placed on local streets and roads in both Metric and English units.
Guidance:
85 If used, dual unit speed limits should be rounded to the nearest 10 km/h for Metric and 5 mph for English units for posting
on signs on local streets and roads.
Support:
86 Refer to AASHTO’s Traffic Engineering Metric Conversion Factors. See Section 1A.11 for information regarding this
publication.
Standard:
87 Metric speed limits shall not be placed on State highways. For use in this California MUTCD, 70 mph shall be
shown as a metric equivalent of 110 km/h, neither of which shall be used on any local street or road.
Legal Authority for Establishing Speed Limits
Support:
88 Delegation of legal authority to set speed limits on State highways is given to Caltrans District Directors. The District
Director of each transportation district is authorized to issue orders regulating the speed of traffic, up to 65 mph on State
highways. The Director of Caltrans retains the authority to approve variable, minimum, and maximum speeds up to 70 mph on
State freeways.
Standard:
89 The speed limits shown in Table 2B-101(CA) shall apply, unless changed upon the basis of an engineering and
traffic survey (E&TS).
Option:
90 The speed limits shown in Table 2B-102(CA) may apply, unless changed upon E&TS.
3.A.7.b
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Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
Variable Speed Limits on Freeways - See CVC 22355
Option:
91 The following speed limits may apply:
Whenever Caltrans determines based upon an engineering and traffic survey (E&TS) that the safe and orderly
movement of traffic upon any freeway segment will be facilitated by the establishment of variable speed limits.
Caltrans may erect, regulate, and control signs upon the state highway which is a freeway, or any portion thereof, which,
if used, signs shall be designed to permit display of different speeds at various times of the day or night.
Such signs need not conform to the standards & specifications per CVC 21400, but if used, shall be of sufficient size and
clarity to give adequate notice of the applicable speed limit.
Minimum Speed Limits on State Highways - See CVC 22400
Option:
92 The following speed limits may apply:
Whenever Caltrans determines based upon an engineering and traffic survey (E&TS) that slow speeds on any part of a
state highway consistently impede the normal and reasonable movement of traffic, Caltrans may determine and declare
a minimum speed limit. Appropriate signs giving notice shall then be installed on that segment.
A motorist can be cited for stopping or impeding the normal and reasonable movement of traffic unless the stop is
necessary for safe operation and in compliance with the law.
Speed Traps
Support:
93 Refer to CVC 40802 for Speed Traps.
Standard:
94 A speed trap shall not apply to a local street, road, or school zone.
95 A section of highway shall be defined as a speed trap if the prima facie speed limit is not justified by an
engineering and traffic survey (E&TS) within five years, and the enforcement of the speed limit involves the use of
radar or any other electronic device that measures the speed of moving objects.
96 This time provision shall be extended to seven years when using radar and all of the following criteria are met:
The arresting officer has successfully completed a minimum of 24 hours of certified radar operator course
training.
The radar used to measure the speed meets or exceeds the minimal operational standards of the National
Traffic Highway Safety Administration, and has been calibrated within three years of the alleged violation.
97 This time provision shall be extended to seven years when using laser or other electronic device (other than
radar) and all of the following criteria are met:
The arresting officer has successfully completed a minimum of 24 hours of certified radar operator course
training.
The arresting officer has successfully completed a minimum of 2 hours of additional approved certified training.
The radar used to measure the speed meets or exceeds the minimal operational standards of the National
Traffic Highway Safety Administration, and has been calibrated within three years of the alleged violation.
Option:
98 This time provision for an E&TS may be extended to ten years when all of the above conditions are met and no significant
changes in roadway or traffic conditions have occurred, including changes in adjoining property or land use, roadway width, or
traffic volume as determined by a registered engineer.
Truck Speed Zone on Descending Grades
Guidance:
99 Highway descending grades, if used for posting TRUCK Speed Limit signs (R2-1 and M4-4) for trucks travelling downhill,
should have recorded incident history of runaway commercial vehicles. Descending grades shorter than 1 mile should be
avoided for posting signs because deceleration of vehicles due to braking action can generally provide sufficient control on
descending grades of less than 1 mile.
3.A.7.b
Packet Pg. 399 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
California MUTCD 2014 Edition Page 143
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
Support:
100 To establish a downhill truck speed limit, a physical profile showing length and gradient and a downhill speed profile for
three or more axle commercial vehicles with a gross rating of 10,000 lbs. or more will be provided.
Standard:
101 Speed profiles for truck speed limits shall be prepared on the same form as other speed surveys. An analysis of
collisions involving trucks shall be prepared.
Guidance:
102 Posted speeds should be on the low side of the scale, generally within the pace of loaded commercial vehicles.
Standard:
103 If warranted, the Caltrans District Director shall issue a standard speed zone order.
Support:
104 Posting of the regulation will be by placement of a standard 36 x 45 inch Speed Limit (R2-1) sign with a TRUCK (M4-4)
plate above.
Standard:
105 A standard End Speed Limit (R3(CA)) sign with TRUCK (M4-4) plate shall be posted at the end of the truck zone
when appropriate.
Speed Zones in Temporary Traffic Control Areas
Support:
106 For signing and establishing speed zones in temporary traffic control areas, refer to Section 6C.01 in Part 6.
Section 2B.14 Truck Speed Limit Plaque (R2-2P)
Standard:
01 Where a special speed limit applies to trucks or other vehicles, the legend TRUCKS XX or such similar
legend shall be displayed below the legend Speed Limit XX on the same sign or on a separate R2-2P plaque
(see Figure 2B-3) below the standard legend.
02 The Truck Speed Limit (R2-2) sign shall not be used in California. The TRUCK (M4-4) plaque placed above the
Speed Limit (R2-1) sign shall be used instead.
03 The TRUCK (M4-4) plaque shall be placed above the Speed Limit (R2-1) sign to indicate the truck speed limit. It
shall also be placed above the End Speed Limit (R3(CA)) sign to mark the end of truck speed limits.
Support:
04 Refer to Section 2B.13 for more details.
Section 2B.15 Night Speed Limit Plaque (R2-3P)
Standard:
01 Where different speed limits are prescribed for day and night, both limits shall be posted.
Guidance:
02 A Night Speed Limit (R2-3P) plaque (see Figure 2B-3) should be reversed using a white retroreflectorized
legend and border on a black background.
Option:
03 A Night Speed Limit plaque may be combined with or installed below the standard Speed Limit (R2-1) sign.
Support:
04 Refer to CVC 22355.
Section 2B.16 Minimum Speed Limit Plaque (R2-4P)
Standard:
01 A Minimum Speed Limit (R2-4P) plaque (see Figure 2B-3) shall be displayed only in combination with a
Speed Limit sign.
Option:
02 Where engineering judgment determines that slow speeds on a highway might impede the normal and
reasonable movement of traffic, the Minimum Speed Limit plaque may be installed below a Speed Limit (R2-1)
3.A.7.b
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Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
sign to indicate the minimum legal speed. If desired, the Speed Limit sign and the Minimum Speed Limit plaque
may be combined on the R2-4a sign (see Figure 2B-3).
Support:
03 Refer to CVC 22400.
Section 2B.17 Higher Fines Signs and Plaque (R2-6P, R2-10, and R2-11)
Standard:
01 If increased fines are imposed for traffic violations within a designated zone of a roadway, a BEGIN
HIGHER DOUBLE FINES ZONE (R2-10) sign (see Figure 2B-3) or a FINES HIGHER DOUBLE (R2-6P)
plaque (see Figure 2B-3) shall be used to provide notice to road users. If used, the FINES HIGHER DOUBLE
plaque shall be mounted below an applicable regulatory or warning sign in a temporary traffic control zone,
a school zone, or other applicable designated zone.
02 If an R2-10 sign or an R2-6P plaque is posted to provide notice of increased fines for traffic violations,
an END HIGHER DOUBLE FINES ZONE (R2-11) sign (see Figure 2B-3) shall be installed at the
downstream end of the zone to provide notice to road users of the termination of the increased fines zone.
Guidance:
03 If used, the BEGIN HIGHER DOUBLE FINES ZONE sign or FINES HIGHER DOUBLE plaque should be
located at the beginning of the temporary traffic control zone, school zone, or other applicable designated zone
and just beyond any interchanges, major intersections, or other major traffic generators.
Standard:
04 The Higher Double Fines signs and plaque shall have a black legend and border on a white rectangular
background. All supplemental plaques mounted below the Higher Double Fines signs and plaque shall have
a black legend and border on a white rectangular background.
Guidance:
05 Agencies should limit the use of the Higher Double Fines signs and plaque to locations where work is actually
underway, or to locations where the roadway, shoulder, or other conditions, including the presence of a school
zone and/or a reduced school speed limit zone, require a speed reduction or extra caution on the part of the road
user.
Option:
06 Alternate legends such as BEGIN (or END) DOUBLE FINES ZONE may also be used for the R2-10 and R2-
11 signs.
07 The legend FINES HIGHER on the R2-6P plaque may be replaced by FINES DOUBLE (R2-6aP), $XX FINE
(R2-6bP), or another legend appropriate to the specific regulation (see Figure 2B-3).
08 The following may be mounted below an R2-10 sign or R2-6P plaque:
A. A supplemental plaque specifying the times that the higher fines are in effect (similar to the S4-1P plaque
shown in Figure 7B-1), or
B. A supplemental plaque WHEN CHILDREN (WORKERS) ARE PRESENT, or
C. A supplemental plaque WHEN FLASHING (similar to the S4-4P plaque shown in Figure 7B-1) if used in
conjunction with a yellow flashing beacon.
Support:
09 Section 6F.12 contains information regarding other signs and plaques associated with increased fines for traffic
violations in temporary traffic control zones. Section 7B.10 contains information regarding other signs and plaques
associated with increased fines for traffic violations in designated school zones.
10 In California, as per CVC only doubling of the fines is allowed, not higher fines of other denominations. Refer to Section
6F.12 and CVC 42009 for fines for offenses committed in highway construction or maintenance area.
Standard:
11 The SPECIAL DRIVING ZONE BEGINS HERE – DOUBLE FINE ZONE (SR53(CA)) sign (see Figure 2B-3(CA)) shall
be placed at the beginning of those portions of highways designated and identified as Safety Enhancement – Double
Fine Zones per CVC 42010.
12 The SPECIAL DRIVING ZONE ENDS HERE (SR55(CA)) sign (see Figure 2B-3(CA)) shall be placed at the end of
those portions of highways designated and identified as Safety Enhancement – Double Fine Zones per CVC 42010.
3.A.7.b
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California MUTCD 2014 Edition Page 145
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
Guidance:
13 The DOUBLE FINE ZONE (SR54(CA)) sign (see Figure 2B-3(CA)) should be placed at major intersections to those
portions of highways designated and identified as Safety Enhancement – Double Fine Zone, per CVC 42010, to advise
motorists upon entering the highway that they are in a double fine zone.
Section 2B.18 Movement Prohibition Signs (R3-1 through R3-4, R3-18, and R3-27)
Standard:
01 Except as provided in Paragraphs 11 and 13, where specific movements are prohibited, Movement
Prohibition signs shall be installed.
Guidance:
02 Movement Prohibition signs should be placed where they will be most easily seen by road users who might be
intending to make the movement.
03 If No Right Turn (R3-1) signs (see Figure 2B-4) are used, at least one should be placed either over the
roadway or at a right-hand corner of the intersection.
04 If No Left Turn (R3-2) signs (see Figure 2B-4) are used, at least one should be placed over the roadway, at the
far left-hand corner of the intersection, on a median, or in conjunction with the STOP sign or YIELD sign located
on the near right-hand corner.
05 Except as provided in Item C of Paragraph 9 for signalized locations, if NO TURNS (R3-3) signs (see Figure
2B-4) are used, two signs should be used, one at a location specified for a No Right Turn sign and one at a
location specified for a No Left Turn sign.
06 If No U-Turn (R3-4) signs (see Figure 2B-4) or combination No U-Turn/No Left Turn (R3-18) signs (see
Figure 2B-4) are used, at least one should be used at a location specified for No Left Turn signs.
Option:
07 If both left turns and U-turns are prohibited, the combination No U-Turn/No Left Turn (R3-18) sign (see
Figure 2B-4) may be used instead of separate R3-2 and R3-4 signs.
Guidance:
08 If No Straight Through (R3-27) signs (see Figure 2B-4) are used, at least one should be placed either over the
roadway or at a location where it can be seen by road users who might be intending to travel straight through the
intersection.
09 If turn prohibition signs are installed in conjunction with traffic control signals:
A. The No Right Turn sign should be installed adjacent to a signal face viewed by road users in the right-hand
lane.
B. The No Left Turn (or No U-Turn or combination No U-Turn/No Left Turn) sign should be installed adjacent
to a signal face viewed by road users in the left-hand lane.
C. A NO TURNS sign should be placed adjacent to a signal face viewed by all road users on that approach, or
two signs should be used.
Option:
10 If turn prohibition signs are installed in conjunction with traffic control signals, an additional Movement
Prohibition sign may be post-mounted to supplement the sign mounted overhead.
11 Where ONE WAY signs are used (see Section 2B.40), No Left Turn and No Right Turn signs may be omitted.
12 When the movement restriction applies during certain time periods only, the following Movement Prohibition
signing alternatives may be used and are listed in order of preference:
A. Changeable message signs, especially at signalized intersections.
B. Permanently mounted signs incorporating a supplementary legend showing the hours and days during which
the prohibition is applicable.
C. Portable signs, installed by proper authority, located off the roadway at each corner of the intersection. The
portable signs are only to be used during the time that the movement prohibition is applicable.
13 Movement Prohibition signs may be omitted at a ramp entrance to an expressway or a channelized intersection
where the design is such as to indicate clearly the one-way traffic movement on the ramp or turning lane.
Support:
13a Motorists can make a semicircular or U-turn on a green signal or green arrow except where such turn is prohibited by
signs. Refer to CVC 21451 and 21454.
3.A.7.b
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Appendix E
Excerpt of the 2015 Collision Data on California State Highways Publication
(by CalTrans)
3.A.7.b
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2015 Collision Data
on California State
Highways (road miles,
travel, collisions,
collision rates)
3.A.7.b
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BASE + ADT PCT PCT PCTTERRAIN DESIGNRATE FACTOR FAT INJ F+IHIGHWAY TYPEOR ADT SPEED AREA F+I ALLH010.790.35000 /1.1 39.5 40.6CONVENTIONAL 2 LANES OR LESS FLAT <=55 RURAL 470.0 197.4H020.630.35000 /2.3 41.0 43.3CONVENTIONAL 2 LANES OR LESS FLAT >55 RURAL 744.0 328.3H031.070.35000 /2.5 46.6 49.2CONVENTIONAL 2 LANES OR LESS ROLL <=55 RURAL 725.5 362.3H040.590.35000 /3.1 41.4 44.5CONVENTIONAL 2 LANES OR LESS ROLL >55 RURAL 905.9 409.3H051.340.40000 /2.4 47.4 49.8CONVENTIONAL 2 LANES OR LESS MTN <=55 RURAL 689.2 348.7H060.880.40000 /2.4 43.5 45.9CONVENTIONAL 2 LANES OR LESS MTN >55 RURAL 721.6 337.2H071.800.000000.9 37.9 38.8CONVENTIONAL 2 LANES OR LESS<45 SUBURBAN 435.4 175.7H081.190.000001.6 43.5 45.1CONVENTIONAL 2 LANES OR LESS45-55 SUBURBAN 564.6 260.6H091.020.000001.4 39.9 41.2CONVENTIONAL 2 LANES OR LESS>55 SUBURBAN 535.3 227.2H102.090.000001.0 39.2 40.2CONVENTIONAL 2 LANES OR LESS<45 URBAN 415.1 173.2H111.110.000001.4 44.1 45.4CONVENTIONAL 2 LANES OR LESS>=45 URBAN 476.5 222.5H120.940.000002.3 39.9 42.2CONVENTIONAL 3 LANESRURAL 758.2 326.1H131.030.000001.0 39.0 39.9CONVENTIONAL 3 LANESSUBURBAN 439.9 182.3H141.410.000000.7 37.9 38.6CONVENTIONAL 3 LANESURBAN 365.1 147.7H150.450.000001.9 37.8 39.6EXPRESSWAY 3 LANES OR LESS FLATRURAL 680.0 276.2H160.520.000003.1 41.1 44.2EXPRESSWAY 3 LANES OR LESS ROLLRURAL 914.5 410.7H170.810.000002.7 38.7 41.4EXPRESSWAY 3 LANES OR LESS MTNRURAL 855.8 360.6H180.630.000001.4 43.5 44.9EXPRESSWAY 3 LANES OR LESS<=55 SUBURBAN 515.1 237.6H190.630.000001.2 40.2 41.4EXPRESSWAY 3 LANES OR LESS>55 SUBURBAN 493.9 210.9H200.630.000001.7 43.6 45.3EXPRESSWAY 3 LANES OR LESSURBAN 543.2 252.3H210.900.000002.3 39.7 42.0UNDIVIDED 4 LANESFLATRURAL 763.7 327.4H220.900.000001.1 39.1 40.3UNDIVIDED 4 LANESROLL/MTNRURAL 486.8 202.5H231.670.000001.3 31.8 33.1UNDIVIDED 4 LANES<=55 SUBURBAN 589.7 202.5H241.250.000001.9 41.3 43.2UNDIVIDED 4 LANES>55 SUBURBAN 648.7 286.7H251.980.000000.7 42.2 42.9UNDIVIDED 4 LANES<45 URBAN 342.1 153.1H261.680.000000.9 43.4 44.3UNDIVIDED 4 LANES>=45 URBAN 369.4 169.7H270.960.000002.0 37.0 39.0UNDIVIDED 5-6 LANESFLATRURAL 720.7 287.8H280.960.000003.6 56.5 56.5UNDIVIDED 5-6 LANESROLL/MTNRURAL 858.7 490.1H290.130.000001.9 40.7 42.6UNDIVIDED 5-6 LANES<=55 SUBURBAN 641.5 279.6H300.130.000001.0 32.8 33.8UNDIVIDED 5-6 LANES>55 SUBURBAN 497.9 175.6H313.730.000001.0 14.3 14.3UNDIVIDED 5-6 LANES<45 URBAN 865.8 133.6H321.100.000000.4 34.3 34.3UNDIVIDED 5-6 LANES>=45 URBAN 298.7 109.8GROUPBASIC AVERAGE ACCIDENT RATE TABLE FOR HIGHWAYS4/16/2018ACC COSTS ($1,000)RATE833.A.7.bPacket Pg. 405Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
Appendix F
Three-Year Collision Data
3.A.7.b
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3.A.7.b
Packet Pg. 407 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
REPORT 8 - TOTAL COLLISIONS
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
01/01/2016 thru 12/31/2016
Report Run On: 01/11/2019
Total Count: 568
Include State Highways cases
Jurisdiction(s): Riverside County
Primary Rd 1ST ST Distance (ft)0 Direction Secondary Rd ALESSANDRO AV NCIC 3300 State Hwy?N Route Postmile Prefix Postmile Side of Hwy
City San Jacinto County Riverside Population 4 Rpt Dist Beat Type 0 CalTrans Badge 2403 Collision Date 20160225 Time 0753 Day THU
Primary Collision Factor STOP SGN|SIG Violation 22450A Collision Type BROADSIDE Severity INJURY #Killed 0 #Injured 1 Tow Away?Y Process Date 20160310
Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0
Hit and Run Motor Vehicle Involved With OTHER MV Lighting DAYLIGHT Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int
1F DRVR 54 F W HNBD PROC ST S A 0100 HONDA 2011 -3 N -L G
2 DRVR 49 F H HNBD PROC ST E A 0100 TOYOT 2002 -3 N -L G DRVR COMP PN 49 F 1 3 L G
Party Info
Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 Safety Equip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected
Victim Info
Primary Rd 1ST ST Distance (ft)156 Direction E Secondary Rd RAMONA BL NCIC 3300 State Hwy?N Route Postmile Prefix Postmile Side of Hwy
City San Jacinto County Riverside Population 4 Rpt Dist 920E Beat 072 Type 0 CalTrans Badge 4850 Collision Date 20160403 Time 2021 Day SUN
Primary Collision Factor DRVR ALC|DRG Violation 23152A Collision Type HIT OBJECT Severity PDO #Killed 0 #Injured 0 Tow Away?Y Process Date 20160504
Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0
Hit and Run Motor Vehicle Involved With FIXED OBJ Lighting DARK - ST Ped Action Cntrl Dev NT PRS/FCTR Loc Type Ramp/Int
1F DRVR 58 F B HBD-UI PROC ST E A 0100 BMW 1998 -3 A 22350 N L G PASS 53 M 3 0 L G
Party Info
Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 Safety Equip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected
Victim Info
Primary Rd 1ST ST Distance (ft)96 Direction E Secondary Rd SHERIFF AV NCIC 3300 State Hwy?N Route Postmile Prefix Postmile Side of Hwy
City San Jacinto County Riverside Population 4 Rpt Dist 920F Beat 072 Type 0 CalTrans Badge 3481 Collision Date 20160522 Time 1025 Day SUN
Primary Collision Factor IMPROP TURN Violation 22107 Collision Type REAR END Severity INJURY #Killed 0 #Injured 1 Tow Away?Y Process Date 20160616
Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0
Hit and Run Motor Vehicle Involved With PKD MV Lighting DAYLIGHT Ped Action Cntrl Dev NT PRS/FCTR Loc Type Ramp/Int
1F DRVR 55 F H HNBD PROC ST W A 0700 TOYOT 2001 -3 M -M G DRVR COMP PN 55 F 1 0 M G
2 PRKD 998 -null W A 0100 DODGE 2003 ------
Party Info
Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 Safety Equip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected
Victim Info
Primary Rd 2ND ST Distance (ft)62 Direction E Secondary Rd BROWN ST NCIC 3300 State Hwy?N Route Postmile Prefix Postmile Side of Hwy
City San Jacinto County Riverside Population 4 Rpt Dist 920E Beat 072 Type 0 CalTrans Badge 4681 Collision Date 20160711 Time 2211 Day MON
Primary Collision Factor DRVR ALC|DRG Violation 23152E Collision Type REAR END Severity PDO #Killed 0 #Injured 0 Tow Away?Y Process Date 20161128
Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0
Hit and Run Motor Vehicle Involved With PKD MV Lighting DARK - ST Ped Action Cntrl Dev NT PRS/FCTR Loc Type Ramp/Int
1F DRVR 25 M B DRUG PROC ST E A 0100 TOYOT 2010 -3 A 22107 -L B
2 PRKD 998 -PARKED E D 2200 DODGE 2005 -3 N ---
Party Info
Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 Safety Equip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected
Victim Info
Primary Rd 2ND ST Distance (ft)3 Direction E Secondary Rd RAMONA BL NCIC 3300 State Hwy?N Route Postmile Prefix Postmile Side of Hwy
City San Jacinto County Riverside Population 4 Rpt Dist 920E Beat 072 Type 0 CalTrans Badge 4300 Collision Date 20160908 Time 1750 Day THU
Primary Collision Factor UNSAFE SPEED Violation 22350 Collision Type REAR END Severity PDO #Killed 0 #Injured 0 Tow Away?Y Process Date 20161004
Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0
Hit and Run Motor Vehicle Involved With OTHER MV Lighting DAYLIGHT Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int
1F DRVR 19 M O HNBD PROC ST W A 0100 HONDA 2010 -1 N -M G
Party Info
Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 Safety Equip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected
Victim Info
Page 1 This report is accepted subject to the Terms of Use. Due to collision records processing backlogs, SWITRS data is typically seven months behind. Data requested for dates seven months prior to the current date will be incomplete.
3.A.7.b
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Appendix G
California MUTCD 2014 All-Way Stop Warrant Conditions
3.A.7.b
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California MUTCD 2014 Edition Page 129
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
Support:
17 Caltrans will grant such permission only when an investigation indicates that the STOP (R1-1) sign will benefit traffic. Section 2B.06 STOP Sign Applications
Guidance:
01 At intersections where a full stop is not necessary at all times, consideration should first be given to using less
restrictive measures such as YIELD signs (see Sections 2B.08 and 2B.09).
02 The use of STOP signs on the minor-street approaches should be considered if engineering judgment indicates
that a stop is always required because of one or more of the following conditions:
A. The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day;
B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on
the through street or highway; and/or
C. Crash records indicate that three or more crashes that are susceptible to correction by the installation of a
STOP sign have been reported within a 12-month period, or that five or more such crashes have been
reported within a 2-year period. Such crashes include right-angle collisions involving road users on the
minor-street approach failing to yield the right-of-way to traffic on the through street or highway.
Support:
03 The use of STOP signs at grade crossings is described in Sections 8B.04 and 8B.05.
Section 2B.07 Multi-Way Stop Applications
Support:
01 Multi-way stop control can be useful as a safety measure at intersections if certain traffic conditions exist.
Safety concerns associated with multi-way stops include pedestrians, bicyclists, and all road users expecting other
road users to stop. Multi-way stop control is used where the volume of traffic on the intersecting roads is
approximately equal.
02 The restrictions on the use of STOP signs described in Section 2B.04 also apply to multi-way stop
applications.
Guidance:
03 The decision to install multi-way stop control should be based on an engineering study.
04 The following criteria should be considered in the engineering study for a multi-way STOP sign installation:
A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed
quickly to control traffic while arrangements are being made for the installation of the traffic control signal.
B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop
installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions.
C. Minimum volumes:
1. The vehicular volume entering the intersection from the major street approaches (total of both approaches)
averages at least 300 vehicles per hour for any 8 hours of an average day; and
2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street
approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an
average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour;
but
3. If the 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular
volume warrants are 70 percent of the values provided in Items 1 and 2.
D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the
minimum values. Criterion C.3 is excluded from this condition.
Option:
05 Other criteria that may be considered in an engineering study include:
A. The need to control left-turn conflicts;
B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes;
C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the
intersection unless conflicting cross traffic is also required to stop; and
3.A.7.b
Packet Pg. 410 Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic Survey) (Alessandro & 1st St. All Way Stop
California MUTCD 2014 Edition Page 130
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 2B – Regulatory Signs, Barricades, and Gates November 7, 2014
Part 2 – Signs
D. An intersection of two residential neighborhood collector (through) streets of similar design and operating
characteristics where multi-way stop control would improve traffic operational characteristics of the
intersection.
Section 2B.08 YIELD Sign (R1-2)
Standard:
01 The YIELD (R1-2) sign (see Figure 2B-1) shall be a downward-pointing equilateral triangle with a wide
red border and the legend YIELD in red on a white background.
Support:
02 The YIELD sign assigns right-of-way to traffic on certain approaches to an intersection. Vehicles controlled by
a YIELD sign need to slow down to a speed that is reasonable for the existing conditions or stop when necessary to
avoid interfering with conflicting traffic.
Section 2B.09 YIELD Sign Applications
Option:
01 YIELD signs may be installed:
A. On the approaches to a through street or highway where conditions are such that a full stop is not always
required.
B. At the second crossroad of a divided highway, where the median width at the intersection is 30 feet or greater.
In this case, a STOP or YIELD sign may be installed at the entrance to the first roadway of a divided
highway, and a YIELD sign may be installed at the entrance to the second roadway.
C. For a channelized turn lane that is separated from the adjacent travel lanes by an island, even if the adjacent
lanes at the intersection are controlled by a highway traffic control signal or by a STOP sign.
D. At an intersection where a special problem exists and where engineering judgment indicates the problem to be
susceptible to correction by the use of the YIELD sign.
E. Facing the entering roadway for a merge-type movement if engineering judgment indicates that control is
needed because acceleration geometry and/or sight distance is not adequate for merging traffic operation.
Standard:
02 A YIELD (R1-2) sign shall be used to assign right-of-way at the entrance to a roundabout. YIELD signs
at roundabouts shall be used to control the approach roadways and shall not be used to control the
circulatory roadway.
03 Other than for all of the approaches to a roundabout, YIELD signs shall not be placed on all of the
approaches to an intersection.
Section 2B.10 STOP Sign or YIELD Sign Placement
Standard:
01 The STOP or YIELD sign shall be installed on the near side of the intersection on the right-hand side of
the approach to which it applies. When the STOP or YIELD sign is installed at this required location and
the sign visibility is restricted, a Stop Ahead sign (see Section 2C.36) shall be installed in advance of the
STOP sign or a Yield Ahead sign (see Section 2C.36) shall be installed in advance of the YIELD sign.
02 The STOP or YIELD sign shall be located as close as practical to the intersection it regulates, while
optimizing its visibility to the road user it is intended to regulate.
02a YIELD signs shall not be erected upon the approaches to more than one of the intersecting streets. Refer to CVC
21356.
03 STOP signs and YIELD signs shall not be mounted on the same post.
04 No items other than inventory stickers, sign installation dates, and bar codes shall be affixed to the
fronts of STOP or YIELD signs, and the placement of these items shall be in the border of the sign.
05 No items other than official traffic control signs, inventory stickers, sign installation dates, anti-
vandalism stickers, and bar codes shall be mounted on the backs of STOP or YIELD signs.
06 No items other than retroreflective strips (see Section 2A.21) or official traffic control signs shall be
mounted on the fronts or backs of STOP or YIELD signs supports.
3.A.7.b
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Appendix H
All-Way Stop Warrants
3.A.7.b
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CA MUTCD 2014
ALL-WAY STOP WARRANTS
2014 Edition
Major Street:1ST ST CALC EB DATE 2/5/2019
Minor Street:ALESSANDRO AVE CHK RK DATE 2/5/2019
CRITERIA SATISFIED FOR FOUR-WAY STOP CONTROL:YES
Any one of the following criteria may warrant four-way stop control:
A. TRAFFIC SIGNAL WARRANTED SATISFIED =NO
Urgent need for a four-way stop as an interim measure NO
B. ACCIDENTS SATISFIED =NO
Number of Correctable Accidents 1 (5 or more in a 12-month period)
C. MINIMUM VOLUMES SATISFIED =NO
1. The vehicular volume entering the intersection from the major street approaches
(total of both approaches) averages at least 300 vehicles per hour for any 8 SATISFIED =NO
hours of an average day, and Total Volume = 273
2. The combined vehicular, pedestrian, and bicycle volume entering the
intersection from the minor street approaches (total of both approaches) SATISFIED =YES
averages at least 200 units per hour for the same 8 hours, with an average Minor Volume = 249
delay to minor-street vehicular traffic of at least 30 seconds per vehicle during
the highest hour, but
3. If the 85th-percentile approach speed of the major-street traffic exceeds
65 km/h or exceeds 40 mph, the mimimum vehicular volume warrants are SATISFIED =NO
70% of the above values. Critical Speed = 33
Combined average vehicle volume exceeds 210 (300 * 70%)SATISFIED =YES
Combined average minor volume exceeds 140 (200 * 70%)SATISFIED =YES
Peak Hour Period Hr 1 Hr 2 Hr 3 Hr 4 Hr 5 Hr 6 Hr 7 Hr 8 TOTAL AVG.
7-8 8-9 1-2 2-3 3-4 4-5 5-6 6-7 VOL. VOL.
Major Street Vehicles 448 133 141 303 390 343 282 143 2183 273
Minor Street Vehicles 142 105 91 116 429 593 348 111 1935 242
Pedestrians 14 10 2 12 16 0 0 0 54 7
Subtotal 156 115 93 128 445 593 348 111 1989 249
TOTAL AVERAGE HOURLY VOLUME 522
D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 SATISFIED =NO
are all satisfied to 80% of the minimum values. Criterion C.3 is excluded
from this condition.
Number of correctable accidents exceeds 4 (5 * 80%)SATISFIED =NO
Combined average vehicle volume exceeds 240 (300 * 80%)SATISFIED =YES
Combined average minor volume exceeds 160 (200 * 80%)SATISFIED =YES
OPTION:
Other criteria that may be considered include:
E. The need to control left-turn conflicts NO
F. The need to control vehicle/pedestrian conflicts near locations that generate NO
high pedestrian volumes;
G. Locations where a road user, after stopping, cannot see conflicting traffic and YES
is not able to reasonably safely negotiate the intersection unless conflicting
cross traffic is also required to stop; and
H. An intersection of two residential neighborhod collector (through) streets of NO
similar design and operating characteristics where multiway stop control would
improve traffic operational characteristics of the intersection.
Sect. 2B.07 to 2B.08 November 7, 2014
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Appendix I
County of Riverside Intersection Sight Distance Standard
3.A.7.b
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3.A.7.bPacket Pg. 415Attachment: 19 - 03 05 Agenda re Alessandro & 1st St All-Way Stop & Speed Survey (Eng. & Traffic
March 5, 2019
TO: City Council
REQUESTED BY: Habib Motlagh, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Parcel Map 37407
RECOMMENDATION:
Staff recommends that the City Council approve the final map for Parcel Map 37407, for MW
Vantage 1, LLC.
DISCUSSION:
Parcel Map 37407 proposes to subdivide portions of two underlying parcels into five parcels.
The site, owned by MW Vantage 1 LLC, is located on the west side of San Jacinto Avenue at
Commonwealth Avenue.
Parcel Map 37407 is for financing purposes and, as such, no permits other than recordation of the
map are approved.
To comply with the Conditions of Approval, the applicant has submitted an in-lieu fee of $3,500
to guarantee monumentation for the final map.
The City Engineer reviewed the final map and recommends Council approval.
FISCAL IMPACT:
The applicant paid the necessary fees and deposits to prepare the final map for recordation.
There is no fiscal impact to City of San Jacinto.
ATTACHMENTS:
19 - 03 05 Agenda re PM 37407 (Engineers Letter)
19 - 03 05 Agenda re PM 37407 (Parcel Map)
3.A.8
Packet Pg. 416
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3.A.8.b
Packet Pg. 418 Attachment: 19 - 03 05 Agenda re PM 37407 (Parcel Map) (Parcel Map 37407)
3.A.8.b
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3.A.8.b
Packet Pg. 420 Attachment: 19 - 03 05 Agenda re PM 37407 (Parcel Map) (Parcel Map 37407)
March 5, 2019
TO: City Council
REQUESTED BY: Andy Ramirez, Public Works Superintendent
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Purchase of Combination Cleaning Vehicles for Wastewater and Storm
Water divisions
RECOMMENDATION:
Staff recommends that the City Council approve the purchase of two heavy duty combination
cleaning vehicles for Wastewater and Storm Water Divisions to replace current vehicles at a total
approximate cost of $911,595.25, and approve the Resolution for the financing of said vehicles.
DISCUSSION:
The City’s Department of Water, Power, and Public Works (DWPPW) is in need of replacing
two vehicles that are quickly nearing critical end of life issues and are very important for day-to-
day operations. The new vehicles will allow the DWPPW staff to care and maintain more lineal
footage per use than the current vehicles. In a sense, the two new vehicles will provide the City
with nearly twice the amount of cleaning and clearing than the current vehicles allow.
The significance of these two vehicles are paramount to the DWPPW and the City in achieving
state mandated requirements. The replacement of the City’s 2005 Wastewater combination
cleaning vehicle is due, in part, to the Air Resources Board’s exhaust emissions regulations that
require replacement or repowering of the vehicle by January 1, 2021. In addition, the age of the
vehicle has resulted in costly and time-consuming repairs that take the vehicle out of service.
The 2005 Wastewater Combination vehicle is deployed dail y during City operating hours and is
the first vehicle on call for any major cleaning, jetting and spill clean-up of the City’s vast
wastewater system, and after sanitizing protocols are complete, is used on pipe sizes in the storm
drains that the current storm water vehicle is not able to handle. The “2005” is staffed with a two
man crew that is able to clean 1,400 lineal feet (LF) of 8 inch sewer main with one tank of its
1,000 gallon capacity.
Deployed daily from its inception to the City’s fleet of vi tal machinery, the “2005” vehicle has
serviced the City by running 1,560 hours per year for the past 14 years, or provided 21,840 hours
of service life to the City. The vehicle allows the City to comply with all regulatory standards,
protocols, and is used to avoid any overflows or blockages to the City’s wastewater system, as
well as clean any areas that may have exited the system.
Wastewater combination cleaning vehicle replacement justification:
4.1
Packet Pg. 421
The City’s current sewer vehicle is 14 years old and has been retro-fitted with a Diesel
Particulate Filter (DPF) to meet exhaust emission regulations until January 1, 2021
Current time to have new vehicle built and delivered can take 9 -12 months, so imperative
for the City to act with enough time to comply with new regulations
Increased cost of maintenance and equipment down time is a continuous factor, as well as
the need to use this vehicle in larger storm water system issues
Excessive corrosion of debris tank caused by hydrogen sulfide gasses from sewer water
Wastewater combination cleaning vehicle replacement benefits:
Fully compliant vehicle that meets current and future Air Resources Board regulations
Provides emergency response for sewer blockages and overflow scenarios
Increased water and debris tank storage provides increased efficiency and production,
increasing cleaning ability from 1,400LF to 2,100LF per use
Reduced maintenance and increased vehicle reliability
$60,000 trade in value for current sewer cleaning vehicle
The replacement of the City’s 2007 Storm Water combination cleaning vehicle is due primarily
to capacity needs to properly operate and maintain the City’s large storm drainage infrastructure,
as well as its age.
Storm Water combination cleaning vehicle replacement justification:
The City’s current hydro-jetter produces 40 GPM using a small 87hp motor. Due to large
pipes ranging from 12”- 48”, a hydro-jetter achieving 80 GPM using a 370hp motor is
needed to break through clogged pipes. This is currently achieved by sanitizing the
“2005” vehicle and taking it off-line from its wastewater duties to provide storm water
relief.
The City’s current Storm Water vehicle relies on a small 500 gallon water tank. Under
normal conditions, this capacity requires refilling tanks after a short hydro cleaning of
200 feet. Staff is then required to travel back to the yard to replenish tanks and return to
the same or subsequent location. Total down-time can be up to 45 minutes. During
storm events, power, capacity, and time are of the essence.
Storm Water combination cleaning vehicle replacement benefits:
Capacity and Time efficiencies.
o Increases GPM by 100% (40 GPM to 80 GPM)
o Increases water tank capacity by 200% (500 gal. to 1500 gal.)
o Increases hydro-jetter length by 60% (500 ft. to 800 ft.)
o Increases the debris vacuum tank usable capacity by 233% (3 yds. to 10 yds.)
o Increases in the field cleaning production and efficiencies 7.5 times
Meets current and future Air Resources Board regulations
Provides emergency response for storm blockages and flooding scenarios
Reduced maintenance and increased vehicle reliability
Telescoping boom and 15’ extending hose saves 25 minutes per manhole vs. manually
mounting and unmounting vacuum tubes.
$60,000 expected from sale of the current vehicle.
4.1
Packet Pg. 422
Three separate vendors and vehicle models were researched and proposals were received, with
the results and comparison attached. The Wastewater staff believes the GapVax from Plumber’s
Depot to be the most effective for its use, while the Storm Water staff believes the Vactor 2100
from Haaker is the most effective for its use, both vehicles are comparably priced.
Both Plumber’s Depot and Haaker provide equipment leasing financing options, however, a third
proposal was received from Municipal Finance Corporation (MFC) at a better or similar
financing rate. Staff determined the best course of action is to finance both vehicles with MFC
due to the rate offered and the City’s existing relationship with them, as they refinanced the
City’s $3 million in Water Bonds in October 2013. Financing over the next five years was
determined to be appropriate, balancing the annual outlay with the total interest paid over the life
of the financing.
FISCAL IMPACT:
The total cost to purchase the GapVax combination cleaning vehicle for the Wastewater division
is $417,782.38. Price includes tax, delivery, and a $60,000 trade in value of the current vehicle.
Funds are availalbe in the Wastewater Fund #055 to purchase the vehicle outright, but financing
allows those funds to be used elsewhere, such as for system improvements.
The total cost to purchase the Vactor combination cleaning vehicle for the Storm Water division
is $493,812.87 dollars. Price includes tax and delivery. A sale of the current vehicle to a
neighboring agency for $60,000 is expected. Funding is available through a variety of sources,
such as the AQMD Fund (#063), and the Gas Tax Fund (#021), to minimize the impact of the
annual outlay on the General Fund. Further, the annual outlay would be included in the
division’s “fully burdened hourly rate,” which reimburses the General Fund by charging the
various special districts as work is performed in those areas.
Due to the financing and payment schedule, the impact to the City’s General Fund that is not
recoverable is minimal.
ATTACHMENTS:
Vactor pictures
Vactor truck comparison
Vactor quote
GapVax quote
Vactor truck financing quote
Personal Property Lease Resolution - Reso 3750
4.1
Packet Pg. 423
Current Vac-Con
Current Vactor
4.1.a
Packet Pg. 424 Attachment: Vactor pictures (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
New Vactor 2100 series
4.1.a
Packet Pg. 425 Attachment: Vactor pictures (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
4.1.bPacket Pg. 426Attachment: Vactor truck comparison (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
2070 North White Avenue, La Verne, California
91750 (909) 598-2706 ~ FAX (909) 598-1427 ~
haaker.com
PROPOSAL
February 19, 2019
TO: CITY OF SAN JACINTO ATTN: Mr. Andy Ramirez
270 Bissell Place 951-654-4231
San Jacinto CA 92582 Email: aramreiz@sanjacintoca.us
In accordance with your request, we are pleased to submit the following proposal for your consideration
and approval.
One (1) NEW VACTOR 2110 PLUS SEWER CLEANER
10-Cubic Yard Capacity with 18” Positive Displacement Blower, 1500 Gallons of Water, Mounted on
A 2019 Freightliner 370HP 6x4 Chassis. Equipped with all
Standard and Optional Equipment listed:
Standard Equipment:
· 48" x 22" x 24" Curb Side Aluminum Toolbox
· Aluminum Fenders
· Mud Flaps
· Electric/Hydraulic Four Way Boom
· Color Coded Sealed Electrical System
· Remote Pendant Control w/35' Cord
· Intuitouch Electronic Package
· Double Acting Dump Hoist Cylinder
· Handgun Assembly
· 3" Y-Strainer at Water Pump Inlet
· Ex-Ten Steel Cylindrical Debris Tank
· Flexible Hose Guide
· 30 Deg. Sand Nozzle w/Carbide Inserts
· 30 Deg. Sanitary Nozzle w/Carbide Inserts
· 15 Deg. Penetrator Nozzle w/Carbide Inserts
· Nozzle Storage Rack
· Vacuum Tube Storage: Curbside (2) Pipe, Rear Door
(2) Pipe
· 1" Nozzle
· 10' Leader Hose
· Flat Rear Door w/Hydraulic Locks and Door Power-
up/Down, Open/Close Feature
· Dual 10" Stainless Steel Float Shut Off System/Rear
Mounted
· Debris Body Vacuum Relief System
· Debris Deflector Plate
· 60" Dump Height
· Water Sight Gauge DS/PS
· Liquid Float Level Indicator
· Boom Transport Post Storage
· 3" Y-Strainer @ Water Pump w/3" Drain Valve
· Performance Package: (Hyd Variable Flow, Dual
PTO's. Dual Hyd. Pumps)
· Stainless Steel Microstrainer
· Blower Air Shift Controls
· Hydraulic Cooling Package
· Midship Handgun Coupling
· Side Mounted Water Pump
· Hose Wind Guide (Dual Roller)
· Hose Footage Counter - Mechanical
· Hose Reel Manual Hyd. Extend/Retract
· Hose Reel Chain Cover (Full)
· Tachometer/Chassis Engine W/Hourmeter
· Circuit Breakers
· LED Lights. Clearance, Back-Up, Stop, Tail & Turn
· Tow Hooks, Front and Rear
· Electronic Back-Up Alarm
· Hydraulic Tank Shutoff Valves
· 8" Vacuum Pipe Package
· Emergency Flare Kit
· Fire Extinguisher 5 Lbs.
· Low Water Alarm with Water Pump Flow Indicator
· Front Joystick Boom Control
· Digital Hose Footage Counter
· Water Pump Hour Meter
· PTO Hour Meter
· Digital Water Pressure Gauge
· Vactor 2100i Body Decal - Multi-Colored
· Vactor Manual, Partial Manual and USB Version
4.1.c
Packet Pg. 427 Attachment: Vactor quote (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
Optional Equipment:
· 304 Stainless Steel Water Tanks Upgrade in lieu of
Aluminum
· Stainless Steel Cage for Float Shut Off System
· 180 Degree Rotation, 10 Ft x 15’ Rapid Deployment
Boom
· 80 GPM Variable Flow Water System
· 2500 PSI Water Pressure
· 1" x 800' Piranha Sewer Hose, 2500 PSI
· Hydraulic Extending/Rotating 15" Hose Reel
· Module Paint, Dupont Imron Elite - Sanded Primer Base
· Debris Body Flush Out System
· Debris Body Load Limit Alarm functionally tied to
Vacuum Relief
· 6" Butterfly Valve, Rear Door, 6:00 Position
· Folding Pipe Rack, Curbside
· Folding Pipe Rack, Streetside
· Rear Door Splash Shield
· Lube Manifold
· Plastic Lube Chart
· Wireless Controls, including hose reel controls
· Rodder System Accumulator- Jack Hammer on/off
control w/ manual valve
· Hydro Excavation Kit – Includes 2/Lances, 2/Nozzles,
Storage Tray, and Vacuum Tubes
· Automatic Hose Level Wind Guide, Non-Indexing
· High Pressured Hose Reel
· Rodder Pump Drain Valves
· Hydraulic Oil Temp Alarm
· LED Mid-Ship Turn Signals
· Worklights (2), LED, Telescoping Boom
· Worklights (2), LED, Rear Door
· Worklight, LED, Operators Station
· Worklight, LED, Hose Reel Manhole
· Worklight, LED, Curb Side
· Worklight, LED, Street Side
· Hose Reel Wrapped for Delivery
· (4) Long Handle Tool Storage Locations Behind Cab
· Camera System, Front and Rear
· Safety Cone Storage Rack - Post Style
· Additional Safety Cone Storage Rack - Post Style
· Digital Water Level Indicator
· Door Stripe Material, Reflective Tape
· Blower High Temperature Safety Shutdown
· (1) 3" Y-Strainer Screen
· 304SS debris body (rear door included)
· Toolbox, Behind Cab - 16w 30h x 96d (304SS)
· 48w x 22h x 24d Curbside Toolbox (304SS)
· Toolbox, Driver Side Subframe, 18w x 24h x 24d
(304SS)
· Toolbox, Front Bumper Mounted, 16 x 12 x 18 w/(2) ·
LED Side Markers (304SS)
· Whelen LED Light Package to include LED Light Bar,
Arrow < - - > LED Traffic Advisor, Strobes, etc.
· High Pressure Wash down Handgun, 6 Strobes-2/front,
2/back, 2/center.
· 3 Days/Training
· Sonetics 2/headsets
· Factory inspection/2 people
· Overall length – 39’
Unit Price: .............................................................................................. $ 458,295.00
Sales Tax (7.75%) .................................................................................. $ 35,517.87
TOTAL PRICE F.O.B. SAN JACINTO, CA..: ................................ $ 493,812.87
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES
NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY
PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good until 60 Days. Cost increases due to the addition of Government mandated safety or environmental
devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be
documented.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if
applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY: Estimate End of May, 2019 TERMS: Net 30
We appreciate the opportunity to present this proposal and look forward to being of further and continued
service.
HAAKER EQUIPMENT COMPANY ACCEPTED BY:
BY: George LopezGeorge LopezGeorge LopezGeorge Lopez DATE:
GEORGE LOPEZ
Sales Representative
4.1.c
Packet Pg. 428 Attachment: Vactor quote (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
Sales Sheet, PAGE 1 of 4
February 13, 2019 Proposal No:Product Class:
18000 MC1510
Contact:Arthur Mullen
End User:City of San Jacinto
Address:270 Bissel Place
City, State, Zip:San Jacinto, CA 92582
Phone:
Email:
Fax:
Sales Representative:Jose Martin
Sales Email/Fax:
STANDARD EQUIPMENT STANDARD FEATURES STANDARD OPTIONS
1500 Gallons Water / 10 Cubic Yards Debris Noise & Vibration Dampening Mounts Debris Body Baffle
Mounted on Tandem Axle Chassis Operator Control Panel at Hose Reel Galvanized Steel Tube Trays
3/16" High Strength Exten Steel Debris Tank Tri-Plex Water System 25' Fire Hose Basket
3/16" Stainless Steel Water Tank Low Point Drain Valves in Water Lines 6" Safety Vacuum Relief
3500 CFM 16" Hg Vacuum Blower Air Purge System LED Stop/Tail/Turn Lights w/ Stainless Box
Front-Mounted Hose Reel rated for Stainless Steel Tailgate Sealing Rods Telescoping Level Wind for Front Hose Reel
800' of Hose, 4,000 PSI, 180 Deg. Rotation Stainless Vee-Wire Safety Screen 3 Function Remote Pendant with 30' Cable
Shaft Drive 80 GPM, 2000 PSI Pump Full-Opening Rear Tailgate Emergency Stop Function
8" Front Mounted Telescoping Boom Four Hydraulic Rear Door Locks 3" Water Lines with Strainer on Fill Line
with 180 Degree Rotation Dual Tailgate Lift Cylinders Sight Level Tube on Water Tank
Dual 10" Stainless Steel Shutoff Float Ball Five (5) Year Debris and Water Tank Warranty 30" Wide Steel Toolbox
Painted with PPG Fleet Urethane Paint Against Rust Through, Distortion & Cracking
1
ALPHA DESCRIPTION SPACER -NOTES QTY
CHA001 PETERBILT 348 6 X 4 - 350 HP - 62,000 LB. GVWR - AUTO CONSULT FACTORY 1
STD THREE TIE-OFF ANCHORS ON TOP OF THE BODY 6' APART STANDARD
A1B STAINLESS DEBRIS BODY FLUSH OUT SYSTEM 1
A2B DRAIN AT BOTTOM OF TAILGATE - 6" BUTTERFLY VALVE WITH 15' OF LAY FLAT HOSE VALVE IS NOT REPAIRABLE 1
A3-CS FLOAT TYPE LIQUID LEVEL INDICATOR ON SIDE OF DEBRIS TANK 1
A6AX SETUP ONLY FOR 4" 800 GPM PUMP OFF SYSTEM 1
A11A FILTER SCREEN FOR DRAIN VALVE (SHORT BOX)REQUIRES A2 1
A17 UPGRADE TO STAINLESS STEEL DEBRIS TANK 1
A21 CURBSIDE LADDER TO PORT INSPECTION AREA 1
A13 TAILGATE SPLASH SHIELDS - REAR DOOR HIGHLY RECOMMENDED 1
A18 PURGE VALVE AT GRAVITY DRAIN (1-1/4" BALL VALVE)1
STD 4" HIGH ANTI-SIPHON RING WITH (4) 2-1/2" HOLES STANDARD
STD WATER TANK LEVEL SIGHT TUBE ON CURBSIDE STANDARD
STD DRAIN VALVE AT BOTTOM OF WATER TANK STANDARD
STD 3" FILL LINE WITH 2-1/2" FIRE HOSE CONNECTION CURBSIDE STANDARD
STD 3" WATER STRAINER WITH STAINLESS STEEL SCREEN ON WATER TANK FILL LINE STANDARD
STD 3" SUPPLY LINE TO WATER PUMP MOUNTED AT REAR OF TANK STANDARD
B10 ADDITIONAL 3" FILTER BETWEEN TANK AND PUMP (3" Y-STRAINER)1
C8 UPGRADE TO ROOTS TYPE VACUUM PUMP 4,500 CFM AND 18" HG 1
STD 800 PSI WASHDOWN CIRCUIT WITH 50' X 1/2" HAND GUN REEL FOR WASHDOWN CIRCUIT STANDARD
STD AIR PURGE SYSTEM FOR PRIMARY CIRCUIT STANDARD
STD SET WASHDOWN CIRCUIT TO FULL WORKING PRESSURE 1
D3A GIANT GP8000 SERIES WATER PUMP RATED 80 GPM @ 2,500 PSI 1
D7A 50' X 1/2" HAND GUN REEL FOR WASHDOWN CIRCUIT 1
STD 8" FRONT MOUNTED TELESCOPING BOOM WITH 26' REACH AND 180 DEG. ROTATION STANDARD
2020 GapVax MC1510-3S3S Combination Jet/Vac
BASE UNIT AS OUTLINED ABOVE
GapVax, Inc. NJPA Contract Number 122017-GPV
STATE TAXES ARE NOT INCLUDED ALL PRICES IN USD ($)
4.1.d
Packet Pg. 429 Attachment: GapVax quote (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
Sales Sheet, PAGE 2 of 4
STD 180 DEGREE POWER ROTATION VIA WORM DRIVE STANDARD
STD DUAL 4" LIFT CYLINDERS STANDARD
STD CAB PROTECTION RACK STANDARD
E6 REMOTE LUBE FOR BOOM LIFT AND ROTATION 1
STD FRONT FRAME MOUNTED HOSE REEL WITH 180 DEGREE ARTICULATION STANDARD
STD EXTERIOR HOSE EXPANSION RIBS STANDARD
F1C DIGITAL FOOTAGE COUNTER MOUNTED ON SIDE OF SPOOL 1
F6 UPGRADE FRONT HOSE REEL TO POWER ARTICULATE 1
F11 AUTOMATIC HOSE LEVEL WINDER 1
STD CAB-MOUNTED AIR SHIFT CONTROLS FOR BLOWER, HYDRAULICS, AND WATER PUMP STANDARD
STD OPERATOR CONTROL PANEL INCLUDES GUAGES FOR ENGINE, HYDRAULICS, VACUUM, AND WATER PUMP STANDARD
STD EMERGENCY STOP DE-ENERGIZE WATER PUMP AND BREAK VACUUM STANDARD
STD 30' PENDANT REMOTE WITH BOOM FUNCTIONS STANDARD
G2C G2C CONTROL SYSTEM WITH DP700 DISPLAY INCLUDES:1
LOW WATER AND HIGH WATER TEMPERATURE SHUTDOWN PROTECTION 1
PTO OIL PRESSURE & ENGINE OVERSPEED PROTECTION 1
ON-SCREEN DIAGNOSTICS WITH WATER PUMP FLOW, PTO HOURS AND ENGINE RPMS 1
TEMPERATURE AND PRESSURE GUAGES FOR VACUUM, WATER, HYDRAULICS, AND ENGINE 1
PROVISION FOR INCLUDING DIGITAL FOOTAGE COUNTER ON SCREEN F1C NOT INCLUDED 1
G4 HIGH DEBRIS LEVEL LIGHT & ALARM REQUIRES A3 1
G21A WIRELESS REMOTE WITH BOOM, VACUUM AND FRONT HOSE REEL ON/OFF 1
STD TRUCK-LITE LED STOP, TURN, AND TAIL LIGHTS STANDARD
STD TRUCK-LITE LED RUNNING (MARKER) LIGHTS STANDARD
STD UPGRADE STOP/TAIL/TURN LIGHT BOX TO POLISHED STAINLESS STEEL STANDARD
H5B (2) BOOM WORK LIGHTS - HELLA OPTILUX LED WORK LIGHTS (PN: LHT022429)1
H6B (2) REAR WORK LIGHTS - HELLA OPTILUX LED WORK LIGHTS (PN: LHT022429)1
H7BA (2) SIDE WORK LIGHTS - HELLA OPTILUX LED WORK LIGHTS (PN: LHT022429) (1 PER SIDE) 1
H15C WHELEN ION SUPER LED FLASHERS - 8 LIGHT HEADS 1
2 ON EACH SIDE FRONT @ 90 DEGREES, 2 ON EACH SIDE REAR 1
H22 REAR ARROW LIGHT - LED 44" WIDE 1
H36 REAR ARROW LIGHT - LED 30" X 60" TRAFCON MB315 1
I6D-CS UPGRADE STD. TOOL BOX TO STAINLESS STEEL, 30" WIDE X 24" TALL X 24" DEEP, MOUNTED ON THE CURBSIDE 1
I7C-CS 36" TOOL BOX - STAINLESS STEEL, 36" WIDE X 24" HIGH X 24" DEEP, MOUNTED ON THE CURBSIDE 1
I14 TRAFFIC CONE HOLDER ON DRIVER'S SIDE 1
I14C TRAFFIC CONE HOLDER ON CURBSIDE 1
I16A WHEEL CHOCK HOLDER (PER SIDE) - DRIVER'S SIDE 1
I22 UPGRADE TUBE TRAYS TO POLISHED STAINLESS STEEL 1
I26C TWO BUMPER TOOL BOXES - STAINLESS STEEL, 16" HIGH X 12" WIDE X 18" DEEP WITH FOLD DOWN DOOR CONSULT ENGINEERING 1
STD DOT LIGHTING / FENDERS / MUD FLAPS / TAILGATE SAFETY PROP, ICC LIGHTS STANDARD
STD REMOTE ACTUATED BODY SAFETY PROP STANDARD
STD 70 GALLONS AW-46 HYDRAULIC OIL, LEVEL/TEMPERATURE GAUGE, SHUTOFF ON SUCTION STANDARD
STD REAR BUMPER, TRIANGLE KIT, FIRE EXTINGUISHER, BACKUP ALARM STANDARD
STD ALLISON 10-BOLT PTO UPGRADE STANDARD
J0B FRONT BUMPER - CALIFORNA FRONT BUMPER 1
J3 TOW HOOKS FRONT 1
J4 TOW HOOKS REAR 1
STD PAINT FRAME AND PARTS BLACK STANDARD
STD PAINT HOSE REEL AND BOOM BLACK STANDARD
STD FLEET FINISH - WITHOUT SANDING BETWEEN COATS STANDARD
K10 PAINT BODY ANY COLOR OTHER THAN WHITE PAINT CODE # REQUIRED 1
STD 25 FEET OF VACUUM TUBING (5) AND CLAMPS STANDARD
STD TWO SEWER CLEANING NOZZLES (1) 30 DEGREE, (1) 15 DEGREE STANDARD
STD TIGER TAIL HOSE GUIDE STANDARD
STD TWO BLUE STAR SEWER CLEANING NOZZLES STANDARD
STD 10133S STANDARD NOZZLE X 1", 60MM OD X 80MM LONG, 8X M6 ISK/M6 INSETS, 23˚ JETS STANDARD
STD 10163S POWER PULL X 1", 80MM X 150MM LONG, 8X M10X1 INSETS, 7˚ JETS STANDARD
M3 FILL HOSE 25' X 2 1/2"1
M5A LEADER HOSE 20' X 1"1
M9G 1" PIRANHA SEWER HOSE - 2,500 PSI X 800 FT PLASTIC (ORANGE) (PN: HOS022332)1
M29B TWO CAMERA - BACK-UP CAMERA SYSTEM WITH 7" COLOR MONITOR - INCLUDES FRONT AND REAR - TV-505A AND PC-1110 1
PRICE OF BASE UNIT WITH OPTIONS 454,570.00$
DISCOUNT 75,000.00$
DELIVERY 5,000.00$
ESTIMATED SUBTOTAL:384,570.00$
STATE TAXES ARE NOT INCLUDED ALL PRICES IN USD ($)
4.1.d
Packet Pg. 430 Attachment: GapVax quote (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
Sales Sheet, PAGE 3 of 4
SALES TAX 33,212.38$
TOTAL 417,782.38$
SIGNATURE DATE
*** FOB DESTINATION *** TERMS - NET, 15% DOWN ***
Please return a signed copy to betty@gapvax.com
DUE TO EXTREME MARKET VOLATILITY AND PENDING U.S. GOVERNMENT SECTION 232 TRADE CASES ALL PRICES AND
STATE TAXES ARE NOT INCLUDED ALL PRICES IN USD ($)
4.1.d
Packet Pg. 431 Attachment: GapVax quote (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
Sales Sheet, PAGE 4 of 4
STATE TAXES ARE NOT INCLUDED ALL PRICES IN USD ($)
4.1.d
Packet Pg. 432 Attachment: GapVax quote (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
PREPARED BY MUNICIPAL FINANCE CORPORATION DATE: February 21, 2019
PROPOSED LEASE PURCHASE FOR: City of San Jacinto
RE:Vactor Sewer Cleaner
NOTE: TERMS ARE BASED UPON LEASE BEING BANK QUALIFIED
Purchase Option amount is exclusive of the rental payment due on same date.
Interest rate quote is valid for an acceptance within 10 days and lease
funding within 60 days.
Payments: Quarterly in arrears 5 Years 3.85%
PMT Due Date Rent To To Purchase
#Payment Principal Interest Option
1 $50,325.81 $41,551.71 8,774.10 887,444.41
2 50,325.81 41,951.64 8,374.17 844,653.74
3 50,325.81 42,355.43 7,970.38 801,451.20
4 50,325.81 42,763.10 7,562.71 757,832.84
5 50,325.81 43,174.69 7,151.12 713,794.65
6 50,325.81 43,590.25 6,735.56 669,332.60
7 50,325.81 44,009.80 6,316.01 624,442.60
8 50,325.81 44,433.40 5,892.41 579,120.53
9 50,325.81 44,861.07 5,464.74 533,362.24
10 50,325.81 45,292.86 5,032.95 487,163.53
11 50,325.81 45,728.80 4,597.01 440,520.15
12 50,325.81 46,168.94 4,156.87 393,427.83
13 50,325.81 46,613.32 3,712.49 345,882.24
14 50,325.81 47,061.97 3,263.84 297,879.04
15 50,325.81 47,514.94 2,810.87 249,413.80
16 50,325.81 47,972.27 2,353.54 200,482.08
17 50,325.81 48,434.01 1,891.80 151,079.39
18 50,325.81 48,900.18 1,425.63 101,201.21
19 50,325.81 49,370.85 954.96 50,842.94
20 50,325.81 49,846.02 479.79 0.00
TOTALS:$1,006,516.20 $911,595.25 $94,920.95
Approved and agreed to:
City of San Jacinto
By:
Title:
Date:
4.1.e
Packet Pg. 433 Attachment: Vactor truck financing quote (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water divisions)
STATE OF CALIFORNIA ) RESOLUTION NO. 3750
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, AUTHORIZING THE EXECUTION AND DELIVERY OF
A LEASE AGREEMENT, AND AUTHORIZING CERTAIN
ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City of San Jacinto (the "City") is a municipal corporation organized and
existing under and pursuant to the laws of the State of California; and
WHEREAS, the City desires to provide for financing in the approximate amount of
$911,595.25 for the acquisition of two combination cleaning vehicles for the Wastewater and
Storm Water divisions (the "Property"); and
WHEREAS, Municipal Finance Corporation (the "Corporation") has proposed a cost-
effective five year lease purchase financing arrangement at a 3.85% interest rate and attached
hereto as Exhibit A;
NOW, THEREFORE, it is resolved by the City Council of the City of San Jacinto as
follows:
SECTION 1. Lease Agreement. The City Manager, Finance Director or a designee (each,
an “Authorized Officer”) is hereby authorized to enter into a Lease Agreement (the "Lease") with
the Corporation to finance the Property, subject to approval as to form by the City Attorney.
SECTION 2. Attestations. The City Clerk or other appropriate City officer is hereby
authorized and directed to attest the signature of the Authorized Officer as may be required or
appropriate in connection with the execution and delivery of the Lease.
SECTION 3. Other Actions. The Authorized Officer and other officers of the City are each
hereby authorized and directed, jointly and severally, to take any and all actions and to execute
and deliver any and all agreements, documents and certificates which they may deem
necessary or advisable in order to carry out, give effect to and comply with the terms of this
Resolution. Such actions are hereby ratified, confirmed and approved.
SECTION 4. Qualified Tax-Exempt Obligations. The Lease is hereby designated as
"qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the "Code"). The City, together with all subordinate
entities of the City, do not reasonably expect to issue during the calendar year in which the
Lease is issued more than $10,000,000 of obligations which it could designate as "qualified tax -
exempt obligations" under Section 265(b) of the Code.
4.1.f
Packet Pg. 434 Attachment: Personal Property Lease Resolution - Reso 3750 (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water
SECTION 5. Effect. This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED this 5th day of March, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City of San Jacinto
___________________
Russ Utz, Mayor
ATTEST:
___ _ ___
Angela Walton, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
___ _____
Michael J. Maurer, City Attorney
4.1.f
Packet Pg. 435 Attachment: Personal Property Lease Resolution - Reso 3750 (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
CERTIFICATE
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. 3750 was passed, approved, and adopted at the Regular Meeting of
the San Jacinto City Council held on the 5th day of March 2019.
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 5th day of March 2019.
_________________________________
Angela Walton, City Clerk
4.1.f
Packet Pg. 436 Attachment: Personal Property Lease Resolution - Reso 3750 (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water
Exhibit A
Payments: Quarterly in arrears 5 Years 3.85%
PMT Due Date Rental To To Purchase
# Payment Principal Interest Option
1
$50,325.81 $41,551.71 8,774.10 887,444.41
2
50,325.81 41,951.64 8,374.17 844,653.74
3
50,325.81 42,355.43 7,970.38 801,451.20
4
50,325.81 42,763.10 7,562.71 757,832.84
5
50,325.81 43,174.69 7,151.12 713,794.65
6
50,325.81 43,590.25 6,735.56 669,332.60
7
50,325.81 44,009.80 6,316.01 624,442.60
8
50,325.81 44,433.40 5,892.41 579,120.53
9
50,325.81 44,861.07 5,464.74 533,362.24
10
50,325.81 45,292.86 5,032.95 487,163.53
11
50,325.81 45,728.80 4,597.01 440,520.15
12
50,325.81 46,168.94 4,156.87 393,427.83
13
50,325.81 46,613.32 3,712.49 345,882.24
14
50,325.81 47,061.97 3,263.84 297,879.04
15
50,325.81 47,514.94 2,810.87 249,413.80
16
50,325.81 47,972.27 2,353.54 200,482.08
17
50,325.81 48,434.01 1,891.80 151,079.39
18
50,325.81 48,900.18 1,425.63 101,201.21
19
50,325.81 49,370.85 954.96 50,842.94
20
50,325.81 49,846.02 479.79 0.00
TOTALS: $1,006,516.20 $911,595.25 $94,920.95
4.1.f
Packet Pg. 437 Attachment: Personal Property Lease Resolution - Reso 3750 (Purchase of Combination Cleaning Vehicles for Wastewater and Storm Water
March 5, 2019
TO: City Council
REQUESTED BY: Bob Brady, General Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Vehicle Replacement and Fleet Management Agreement Between the City
of San Jacinto and Enterprise Fl
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to enter into and execute agreements between the City of San
Jacinto and Enterprise Fleet Management Inc. for a vehicle replacement and maintenance
program; and
2. Approve the list of surplus vehicles for liquidation by Enterprise Fleet Management Inc.
on behalf of the City.
BACKGROUND:
The City operates a fleet of 46 vehicles throughout the various departments. These vehicles
include four door sedans, hybrid SUVs, pick-up trucks, flatbed trucks, dump trucks and specialty
heavy duty trucks. Police patrol vehicles (including motorcycles), fire trucks and paramedic
units are not included as part of the City’s 46 vehicle fleet. Equipment such as loaders, backhoes,
trailers, etc. are also not included.
The age of the City’s vehicles ranges from 1-28 years old with an average vehicle age of 11
years. The mileage on the older and heavily used vehicles is approaching or is in excess of
100,000 miles. The age and useful life of many of the City’s vehicles is reaching the point that
maintenance costs are exceeding the salvage value of the vehicle. Due to the Great Recession
and budgetary constraints, the City had not been replacing vehicles on a regular basis.
Additionally, the City does not have any comprehensive fleet management program or process.
Maintenance, repairs, acquisition and liquidation of vehicles is done by various staff and vehicle
operators on an as-needed basis. Maintenance and repair is typically done by local repair
facilities. The City also does not have any fleet management software to track and manage the
operation and maintenance of its vehicles.
Funds were allocated this fiscal year to replace three vehicles in the Water Division of the
Department of Water and Power. As part of the process to replace the vehicles, staff explored
various options, including the leasing of the vehicles.
DISCUSSION:
Staff reviewed various companies that provided fleet vehicle replacement and management
services and met with representatives from Enterprise Fleet Management.
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Packet Pg. 438
Enterprise offered options that would allow the City to lease vehicles, which would include
maintenance costs and fleet management services. Enterprise can provide a complete and
comprehensive program to acquire new vehicles, replace existing vehicles, liquidate surplus
vehicles and provide contract services for maintenance of the City’s fleet. The lease program
and fleet management services offered by Enterprise would transfer fleet management issues
from City staff to Enterprise allowing for cost savings and flexibility.
Enterprise Fleet Management is able to provide a number of benefits:
Identification of the optimal time to replace vehicles based on depreciation, maintenance
costs, market value, etc.
Coordinate logistics for moving vehicle in and out of service
Registration and license servicing
Branding and decal services
Equipping vehicles to City specifications prior to delivery
Safety recall management
Access to fuel programs
Mobile applications for drives to access vehicle operational needs
Access to Enterprise remarketing services for maximum resale/residual value
ASE certified techs to manage maintenance expenses
Over 100 government agencies in California, including school districts, counties and cities have
worked with Enterprise to provide fleet management services. Some of the cities that have
partnered with Enterprise for fleet management services include Corona, Barstow, Azusa, Palm
Desert, La Quinta, San Marcos, Dana Point, Westminster, Downey and Baldwin Park, as well as
Inyo County.
In November, staff held a meeting with representatives from Enterprise to explore the feasibility
of implementing their fleet management services in San Jacinto. Over the last few months staff
held additional meetings and conference calls with the Enterprise representatives and determined
that their services would be beneficial to the City. The goals/parameters of the proposed Fleet
Management program are as follows:
1. Reduce net operating costs by replacing aging vehicles that have significantly higher
maintenance expenses and lower fuel efficiency.
2. Establish a vehicle replacement cycle of four to five years depending on depreciation,
maintenance costs, etc.
4.2
Packet Pg. 439
3. Lower the average age of the vehicle fleet.
4. Identify vehicles to be replaced and provide specifications for replacement vehicles.
5. Transfer the administrative burden of acquiring, outfitting, tracking maintenance, and
disposing of vehicles to Enterprise Fleet Management.
6. Three of the City’s 46 vehicles would not be part of the Fleet Replacement and
Maintenance program. These include two vacuum trucks and a video truck, all used for
sewer and storm drain maintenance.
7. Replace between five (5) to ten (10) vehicles annually.
8. Improve the safety of the fleet since older vehicles may not have airbags, antilock brakes
or other safety equipment.
The proposed vehicle replacement program would utilize an “open-end” lease structure, which
will allow the City to replace more vehicles with less upfront capital. The highlights of this
program include the following:
Unlimited mileage
Option to have equity interest in vehicles
Enterprise can equip vehicles with aftermarket options such as utility boxes, light bars,
tool boxes, etc. prior to delivery
No abnormal wear and tear clauses
Utilize Enterprise’s resale network to sell vehicles which, on average, has a 12% higher
sales price than auction
The administrative burden on City staff of selling vehicles is removed
The open-ended equity lease allows the City to pay only for what it uses
The proposed program would replace all of the City’s vehicles through a lease and replacement
plan over the next five (5) years.
The Enterprise Fleet Maintenance program would be used to manage the maintenance of both
leased vehicles and vehicles owned by the City. The new leased vehicles would be maintained
through a maintenance program offered by Enterprise Fleet management. During the term of the
agreement, Enterprise would pay for all of the costs and expenses incurred in connection with the
maintenance or repair of the covered vehicle. Expenses such as fuel costs, oil and fluid changes
between factory recommended service intervals, tire repair and replacement, washing and repair
costs due to a lack of maintenance by the City between scheduled services would not be covered
as part of the lease agreement.
4.2
Packet Pg. 440
Enterprise would also manage the maintenance of the non-leased vehicles owned by the City.
An administrative cost of $6 per month per vehicle would be charged to the City and the City
would be responsible for all vehicle maintenance costs for City owned vehicles. This cost would
be reduced over time as City owned vehicles are replaced with leased vehicles.
All vehicle maintenance work would be performed by local repair facilities in San Jacinto,
approved by Enterprise, keeping jobs and tax revenues in the City. The Enterprise Fleet
Maintenance program will ensure that City vehicles are being properly maintained at a fair and
reasonable cost. Enterprise technicians can review the work orders to determine if unnecessary
work is being performed or if the cost is accurate. The Enterprise Fleet Maintenance Program
includes a fully automated recordkeeping tool. A client website provides visibility and tracking
of vehicle data, maintenance records, and mileage, and includes customized dashboards for
notification/alerts and reporting of all information.
Enterprise will provide a local Account Team to assist the City with implementing and executing
vehicle leasing and replacement at no additional cost to the City. The following is a list of
services provided by Enterprise Fleet Management:
Provide recommendations on the most cost effective vehicles
Review the optimal time to order or sell vehicles
Monitor the fleet to ensure efficiencies with maintenance and fuel
Provide information on the best alternative fuel vehicles, if applicable
Establish a proactive fleet replacement program to replace vehicles on a regular basis
Provide liquidation of vehicles
An agreement with Enterprise Fleet Management can be executed without going through the
traditional bid process. The City is a participant in Sourcewell (formally known as the National
Joint Powers Alliance) and Enterprise is an approved vendor to Sourcewell. This allows the City
to piggyback off Enterprise’s existing agreement with Sourcewell. This purchasing process
allows the City to acquire vehicles from previous competitively awarded contacts.
The surplus vehicles are identified on an Attachment 2 as those vehicles to be liquidated. The
Vehicle #’s are as follows:
#50-946 2005 GMC pick-up
#943 1999 GMC pick-up
#953 2008 GMC Canyon
#332 2000 Chevy Astro van
#403 1999 Chevy pick-up
FISCAL IMPACT:
4.2
Packet Pg. 441
The City’s FY 18-19 Budget included $105,183 for two new Water trucks and one new
Wastewater truck. The estimated monthly lease payment for the 10 vehicles identified to be
replaced in 2019 on the attachment is $5,029.46, or $60,353.52 annually. Theoretically, over 5
years, the City would have spent $105,183 for 3 vehicles (average cost of $35,061) without
maintenance costs included versus $301,768 for 10 vehicles (average cost of $30,177) with
routine maintenance included. The average vehicle cost savings is $4,884, and for 38 vehicles
would be $185,592 over a rolling 5-year period. This is on top of the above-mentioned benefits
of the program.
As an example, the City purchased 5 vehicles for Code Enforcement last year at a cost of
$152,249. The Enterprise lease on these same 5 vehicles over the 5-year period would be
$163,998. This is an additional cost of $11,749, or an average of $470 per vehicle per year, and
includes all of the above-mentioned benefits of the program.
Neither of these examples considers the Estimated Equity (or Residual Value) at the end of the
lease, which might approximate the fair market value of the vehicles if they had been purchased.
Although the Fleet Management program would represent an additional annual cost to the City,
albeit minimally, this would be in lieu of greater costs in purchasing the vehicles outright to
replace the City’s current fleet. Further cost reduction is on staff time to manage the fleet,
including routine service, maintenance, and repair and replacement costs, as well as down time
to vehicles out of service for repair.
ATTACHMENTS:
Revised San Jacinto 2019 Fleet Replacement Schedule
Presentation materials
Article - Auto Rental News
Lease Agreements
4.2
Packet Pg. 442
Vehicle #Department/Division Year Make Model VIN Current
Odometer
Annual
Mileage Replacement Year
50-946 Code Enforcement 2005 GMC Pick-up 1GTCS198058260008 90,280 6,449 Liquidate
403 Streets 1999 Chevy Pick-up 1GCEC14W1XE187974 94,000 4,700 Liquidate
332 Wastewater 2000 Chevy Astrovan 1GCDM19WOYB180342 89,300 4,700 Liquidate
943 Wastewater 1999 GMC Pick-up 2GTEC19V1X1555992 94,000 4,700 Liquidate
953 Code Enforcement 2008 GMC Canyon 1GTCS199888154886 71,949 6,541 Liquidate
410 D Streets 1999 Ford 1 Ton Flatbed 1FDWF36F6XED19191 83,184 4,159 2019
301 Water 2000 Ford F150 1FTRF17W6YNB57441 92,626 4,875 2019
949 Water Supervisor 2004 Ford F-150 2FTRF17274CA84822 104,963 6,998 2019
947 Code Enforcement 2005 GMC Pick-up 1GTCS198758261477 68,031 4,859 2019
308 D Waste Water 2007 Dodge Ram 350 3D6WL48C87G728365 73,394 6,116 2019
619 Parks 2008 Ford F-250 1FDNF20538EC83973 101,176 9,198 2019
350 Waste Water 2009 Ford F-250 1FTNF20589EA26079 101,139 10,114 2019
311 Water 1991 Chevy 2 ton truck 1GBK7H1PXMJ112095 131,600 4,700 2019
354P Water 2014 Ford F250 1FTBF2A65EEB09019 23,500 4,700 2019
500 Storm Water 2008 Ford F-250 1FDNF20538EC83971 74,406 6,764 2019
419 P Streets 2014 Ford 250 S-Duty XLT 1FDBF2A62EEB13122 40,751 8,150 2020
621 Parks 2008 Ford F-250 1FDNF20588EC89055 95,564 8,688 2020
617 Parks - Graffiti 2008 Ford F-250 1FDNF20538EC83970 85,318 7,756 2020
412 Street 2008 Ford F-250 Crew Cab 1FTSW20588EC83969 84,491 7,681 2020
601 Herbicide Spray Truck 2007 Ford F-150 Pick Up 1FTRF12W87K038080 66,127 5,511 2020
618 Parks 2008 Ford F-250 1FDNF20538EC83972 68,986 6,271 2020
954 PW Admin 2008 Ford Escape Hybrid 1FMCU49H88KD57486 63,488 5,772 2020
414 Streets Supervisor 2008 GMC Sierra 1GTEC19C88Z295629 52,282 5,228 2020
955 Community Development 2008 Chevy Malibu 1G1ZF57508F26164 22,420 2,420 2020
994 Building 2011 GMC Sierra 1GTR1TEX78Z415441 44,747 5,593 2020
186 Police 2008 Dodge cc pickup 1D7HA18N58S537698 51,700 4,700 2021
188 Police 2008 Ford Pick-up 2FAFP71V38X127871 51,700 4,700 2021
413 Streets 2008 Ford F-350 Super Duty 1FDWF36Y88EC83975 57,307 5,210 2021
501 Storm Water 2008 Ford F-350 1FDWF36Y58EC89006 44,791 4,072 2021
622 Former Code Truck (#952)2008 GMC Canyon 1GTCS199188153532 40,022 3,638 2021
351 Water 2012 Ford F250 1FDBF2A68CEC42995 35,094 5,013 2021
352 Water 2012 Ford F250 1FDBF2A6XCEC34106 31,267 4,467 2021
179 Police 2007 Chevy Trailblazer 1GNDS13S872130368 56,400 4,700 2022
185 Police 2006 Dodge Magnum 2D4FV47T36H242162 61,100 4,700 2022
416 D Streets 2008 Ford S-Dty F-550 1FDAF56R98EB35140 23,941 2,176 2022
620 Parks 2008 Ford F-350 1FDNF20538EC83974 16,622 1,511 2022
480 D Purchase 2011 - AQMD Funds 2009 GMC Dump Truck 1GDJ7C1G99F400089 5,511 551 2022
417 Streets 2014 Ford 250 S-Duty XL 1FTBF2A63EEB09018 15,186 3,037 2022
961 Code Enforcement 2018 Toyota RAV4 Hybrids JTMRJREV5JD198923 5,754 5,754 2023
962 Code Enforcement 2018 Toyota RAV4 Hybrids JTMRJREV1JD198580 4,944 4,944 2023
958 Code Enforcement 2018 Toyota RAV4 Hybrids JTMRJREV5JD198601 4,615 4,615 2023
960 Code Enforcement 2018 Toyota RAV4 Hybrids JTMRJREVXJD198576 3,307 3,307 2023
959 Code Enforcement 2018 Toyota RAV4 Hybrids JTMRJREV2JD198586 2,720 2,720 2023
SAN JACINTO Fleet Replacement Schedule
4.2.a
Packet Pg. 443 Attachment: Revised San Jacinto 2019 Fleet Replacement Schedule (Vehicle Replacement and Fleet Management Agreement Between the City
4.2.bPacket Pg. 444Attachment: Presentation materials (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.bPacket Pg. 445Attachment: Presentation materials (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.bPacket Pg. 446Attachment: Presentation materials (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.bPacket Pg. 447Attachment: Presentation materials (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.bPacket Pg. 448Attachment: Presentation materials (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.bPacket Pg. 449Attachment: Presentation materials (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.bPacket Pg. 450Attachment: Presentation materials (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.c
Packet Pg. 451 Attachment: Article - Auto Rental News (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and
4.2.c
Packet Pg. 452 Attachment: Article - Auto Rental News (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and
4.2.c
Packet Pg. 453 Attachment: Article - Auto Rental News (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and
4.2.dPacket Pg. 454Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 455Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 456Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 457Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 458Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 459Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 460Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 461Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 462Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)
4.2.dPacket Pg. 463Attachment: Lease Agreements (Vehicle Replacement and Fleet Management Agreement Between the City of San Jacinto and Enterprise Fl)