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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 6/19/2018 AGENDA CITY COUNCIL - REGULAR MEETING TUESDAY, JUNE 19, 2018 6:30 PM OPEN SESSION CLOSED SESSION TO FOLLOW COMMUNITY CENTER 625 S. PICO AVENUE SAN JACINTO, CA 92583 951-487-7339 City of San Jacinto Page 1 Updated 6/18/2018 8:57 AM CRYSTAL RUIZ, MAYOR RUSS UTZ, MAYOR PRO TEM ANDREW KOTYUK, COUNCILMEMBER ALONSO LEDEZMA, COUNCILMEMBER SCOTT MILLER, COUNCILMEMBER 1. ORGANIZATION 1.1. Roll Call 1.2. Invocation 1.3. Pledge of Allegiance - Councilman Andrew Kotyuk 1.4. Special Presentation(s) 1.4.1. New Website Presentation - Derek Williamson, IT Manager 1.4.2. Introduction of New Senior Engineer - Habib Motlagh, City Engineer 1.5. Mayor / Council Member Reports / Discussions 1.6. 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 Meeting held on June 5, 2018 RECOMMENDATION: Staff recommends that the City Council approve the minutes of the meeting of June 5, 2018. Department: City Clerk City of San Jacinto Page 2 Updated 6/18/2018 8:57 AM 3.A.3. Warrants and Disbursements – May 2018 RECOMMENDATION: Staff recommends that the City Council review and approve Warrants and Disbursements for the period of May 1 - 31, 2018 in the amount of $ 2,393,557.81. Department: Finance 3.A.4. Extension of Time 18-01 for Tentative Tract Map 33716 - A proposal by Mountain States Development LLC for a final, one-year time extension for Tract 33716 to subdivide 11.8 acres into 49 single-family residential lots located on the east side of Lyon Avenue, north of Seventh Street in the RL - Residential Low Density Zone. RECOMMENDATION: That the City Council ADOPT Resolution 3718 approving the third and final one-year time extension for Tract 33716 to be extended to April 14, 2019. Department: Community Development 3.A.5. Professional Services Agreement with David Leonard Associates, McKenna Lanier Group, and CG Resource Management and Engineering, Inc, for as-needed contract planning services and storm water compliance and Water Quality Management document review and inspections for Fiscal Year 2018/2019. RECOMMENDATION: Staff recommends that the City Council: 1. Approve a Professional Services Agreement with Dave Leonard Associates for as-needed professional contract planning services in an amount not to exceed $75,000 for Fiscal Year 2018/2019; 2. Approve a Professional Services Agreement with McKenna Lanier Group, Inc for as-needed contract planning and public support services in an amount not to exceed $75,000 during Fiscal Year 2018/2019; 3. Approve a Professional Services Agreement with McKenna Lanier Group, Inc for as-needed professional contract pla nning services in an amount not to exceed $180,000 for Fiscal Year 2018/2019; 4. Approve a Professional Services Agreement with CG Resource Management and Engineering, Inc. for as-needed professional storm water compliance and Water Quality Management document review and inspections in an amount not to exceed $75,000 for Fiscal Year 2018/2019; and 5. Authorize the City Manager to execute the attached Professional Services City of San Jacinto Page 3 Updated 6/18/2018 8:57 AM Agreements in substantially the form attached hereto, subject to review by the C ity Attorney. Department: Community Development 3.A.6. Low-Income Senior Assistance Program for Monthly Water Consumption Charges RECOMMENDATION: Staff recommends that the City Council approve the extension of the Low - Income Senior Assistance Program for monthly water consumption charges. Department: Finance 3.A.7. Esplanade Avenue Street Improvement Project (State to Palm) RECOMMENDATION: Staff recommends that the City Council award the construction contract for Esplanade Avenue Street Improvement (Stat e Street to Palm Avenue) Project to All American Asphalt Inc. of Corona for the sum of $381,410, approve 20% contingency for soft and construction costs, reject all other bids and approve the MOU between City of Hemet and City of San Jacinto. Department: Engineering 3.B. Consent Calendar - Successor Agency to the Redevelopment Agency of the City of San Jacinto 4. PUBLIC HEARING 4.1. Proposed Resolution for Landscaping, Lighting, and Park District No. 1 (the “District”) Fiscal Year 2018-2019 (FY 18-19) Annual Levy of Assessments RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 3717 confirming a diagram and assessment and levying the assessment for the District for FY 18-19. Department: Finance 4.2. Proposed Resolution fo r Landscaping, Lighting, and Park District No. 2 (the “District”) Fiscal Year 2018-2019 (FY 18-19) Annual Levy of Assessments RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 3719 confirming a diagram and assessment and levying the assessment for the District for FY 18-19. Department: Finance 4.3. Dissolution of Assessment District 2003-1 Zones 25, 26 & 27 RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 3720 City of San Jacinto Page 4 Updated 6/18/2018 8:57 AM confirming the dissolution of AD 2003-1 Zones 25, 26 and 27 for FY 18-19 and future years. Department: Finance 5. DISCUSSION ITEMS 5.1. Authorization to Modify the Existing Cooperative Agreement with Riverside County Flood Control and Water Conservation District (RCFCWCD) RECOMMENDATION: That the City Council approve the recommendation by the City Manager to modify the existing cooperative agreement with Riverside County Flood Control and Water Conservation District (RCFCWCD) for San Jacinto River Stage 4 Project to provide for new flood control facilities adjacent to developed areas inside the City limits. Department: City Manager 5.2. Grand Well Rehabilitation RECOMMENDATION: Staff recommends that the City Council approve the rehabilitation of the Grand Well by Southwest Pump. Rehabilitation of the Grand Well will allow the City to provide continuing water production and avoid usage and purchase of EMWD water and associated costs. Department: Water 5.3. Quitclaim Deed Conveying Property from Ocean Equity Partners to the City o f San Jacinto RECOMMENDATION: Staff recommends that the City Council authorize entering into a donation agreement subject to city attorney review and evidence of clear title, as well as record a deed and certificate of acceptance. Department: Community Development 5.4. Voting Delegate for League of California Cities Conference – September 12-14, 2018, Long Beach RECOMMENDATION: Staff recommends that the City Council, discuss and provide direction, in regard to the attendance at this year’s League of Califor nia Cities Conference in Long Beach. Department: City Clerk 5.5. Consideration of July 2018 Meeting Date - Adjournment of July 3, 2018 Regular City Council to July 17, 2018 RECOMMENDATION: Staff recommends that the City Council adjourn the Regular City Cou ncil and Successor Agency meeting scheduled for July 3, 2018, to Tuesday, July 17, 2018. City of San Jacinto Page 5 Updated 6/18/2018 8:57 AM Department: City Clerk 6. CITY MANAGER UPDATE 7. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF 8. PUBLIC COMMENTS ON CLOSED SESSION ITEMS 9. CLOSED SESSION 9.1. CONFERENCE WITH LABOR NEGOTIATORS - Agency Designated Represenative: City Manager, Employee Organization: Management Unit 9.2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager 9.3. CONFERENCE WITH LABOR NEGOTIATORS - Agency Designated Representative: City Attorney, Unrepresented Employee: City Manager 10. CLOSED SESSION REPORT 11. 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 Building 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 14th day of June 2018 as requested by law. Angela Walton, City Clerk June 19, 2018 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 approve the minutes of the meeting of June 5, 2018. ATTACHMENTS: 6-5-18 Regular Action Minutes DRAFT 3.A.2 Packet Pg. 6 ACTION MINUTES CITY COUNCIL – REGULAR MEETING TUESDAY, JUNE 5, 2018 5:30 PM CLOSED SESSION 6:30 PM OPEN SESSION COMMUNITY CENTER 2045 S. SAN JACINTO AVE SAN JACINTO, CA 92583 951-487-7339 1. ORGANIZATION Mayor Pro Tem Russ Utz called the meeting to order at 5:35 p.m. 1.1 Public Comments on Closed Session Items There were no public comments on Closed Session Items. Mayor Pro Tem Utz adjourned the Regular meeting to Closed Session at 5:36 p.m. 1.2 Closed Session CRYSTAL RUIZ, MAYOR RUSS UTZ, MAYOR PRO TEM ANDREW KOTYUK, COUNCILMEMBER ALONSO LEDEZMA COUNCILMEMBER SCOTT MILLER, COUNCILMEMBER 1.2.3 APN: 430-110-016, 430-120-013, 430-150-002, 430-160-001, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director and Seth Merewitz, Best Best & Krieger, Negotiating Parties: San Jacinto 300 LLC, Under Negotiation: Price and Terms 1.2.4 APN: 430-160-002, -011 and 430-200-010, -014, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger, Negotiating Parties: Building Management Services, Under Negotiation: Price and Terms 1.2.1 CONFERENCE WITH LABOR NEGOTIATORS – Agency Designated Representative: City Manager, Employee Organization: Management Unit 1.2.2 CONFERENCE WITH LEGAL COUNSEL – Potential initiation of litigation pursuant to Government Code section 54956.9(d)(4) (1 Case) 3.A.2.a Packet Pg. 7 Attachment: 6-5-18 Regular Action Minutes DRAFT (Minutes) 1.3 Closed Session Report City Attorney Michael J. Maurer stated there was no report from Closed Session. 1.4 Roll Call City Clerk Angela Walton conducted the roll call: Present: Kotyuk, Ledezma, Utz Absent: Miller, Ruiz 1.2.5 APN: 430-190-025, 430-200-015, 430-210-001, -016, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger, Negotiating Parties: Ronald Haringa 1.2.6 APN: 430-220-003,-011, and 433-020-017, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger, Negotiating Parties: Valley-Wide Recreation & Park District, Under Negotiation: Price and Terms 1.2.7 APN: 430-220-008, -009, -010, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger, Negotiating Parties: MWD, Under Negotiation: Price and Terms 1.2.8 APN: 433-020-018, -019, 433-040-049, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger, Negotiating Parties: Robert Holcomb/Larry & Shirley Maddox, Under Negotiation: Price and Terms 1.2.9 APN: 433-040-052, -054, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger, Negotiating Parties: Maria Trejo and Francisco Gonzales, Under Negotiation: Price and Terms 1.2.10. APN: 433-040-056, -063, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger, Negotiating Parties: Thomas & Emily Quast, Under Negotiation: Price and Terms 1.2.11 APN: 433-040-057, Agency Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and Seth Merewit z, Best Best & Krieger, Negotiating Parties: San Jacinto Colinas LLC, Under Negotiation: Price and Terms 3.A.2.a Packet Pg. 8 Attachment: 6-5-18 Regular Action Minutes DRAFT (Minutes) M/S/C (Ledezma/Kotyuk) moved to approve the absences of Councilman Miller and Mayor Ruiz. Motion carried 3/0. Ayes: Kotyuk, Ledezma, Utz Nays: None Absent: Miller, Ruiz Abstain: None 1.5 Invocation Due to an emergency, Pastor Rosas was unable to attend. There was no invocation. 1.6 Pledge of Allegiance Councilman Alonso Ledezma led the Pledge of Allegiance. 1.7 Mayor/Council Member Reports / Discussions Councilmembers provided their reports. 1.8 Late Items There were no late items. 2. PUBLIC COMMENTS Public Speakers:  Dennis Fletcher 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 by Title Only 3.A.2 Minutes of the Regular City Council Meeting held May 1, 2018 3.A.3 Warrants and Disbursements – April 2018 3.A.4 Treasurer’s Report at March 31, 2018 3.A.5 Treasurer’s Report at April 30, 2018 3.A.2.a Packet Pg. 9 Attachment: 6-5-18 Regular Action Minutes DRAFT (Minutes) 3.B Consent Calendar – Successor Agency to the Redevelopment Agency of the City of San Jacinto M/S/C (Ledezma/Kotyuk) moved to approve the Consent Calendar. Motion carried 3/0. Ayes: Kotyuk, Ledezma, Utz Nays: None Absent: Miller, Ruiz Abstain: Kotyuk, Item 3.A.3, line items #’s 120169, 120168 4. PUBLIC HEARING Planning Consultant Mary Lanier presented the staff report. 3.A.6 Supplemental Law Enforcement Services Account (SLEA) Grant Spending Plan (FY 201-2018) 3.A.7 Sale of Surplus Equipment 3.A.8 2018 Election Resolutions 3.A.9 Parcel Map 37194, Wienerschnitzel 3.B.1 Quitclaim Deed Conveying Property from Fun Properties, LLC to the City of San Jacinto 4.1 Second Reading of Ordinance for Change of Zone 17-03 and a proposal of MW Advantage 1, LLC, for the Commonwealth Crossing Project to subdivide a 9.51 acre parcel into five parcels and one lettered lot and to develop a commercial project consisting of five retail/office buildings for a total of 45,372 square feet, with a variance to permit beer and wine sales within 1,000- feet of adjacent sales, located on the west side of San Jacinto Avenue, at the terminus of Commonwealth Avenue Agency Agency 3.A.10 LLPD1 Initiation Resolution FY 18/19 3.A.11 LLPD1 Intention Resolution FY 18/19 3.A.12 LLPD2 Initiation Resolution FY 18/19 3.A.13 LLPD2 Intention Resolution FY 18/19 3.A.2.a Packet Pg. 10 Attachment: 6-5-18 Regular Action Minutes DRAFT (Minutes) The public hearing remained opened from the May 1, 2018 AT 7:07 p.m. Regular City Council meeting. There being no speakers, Mayor Pro Tem Utz closed the public hearing at 6:53 p.m. M/S/C (Kotyuk/Ledezma) moved to approve Ordinance No. 18-05. Motion carried 3/0. Ayes: Kotyuk, Ledezma, Utz Nays: None Absent: Miller, Ruiz Abstain: None 4.2 Resolution to Levy Assessment District 2003-1 18/19 Finance Director Tom Prill presented the staff r eport. Mayor Pro Tem Utz opened the public hearing at 6:55. There were no speakers therefore Mayor Pro Tem Utz closed the public hearing at 6:56. M/S/C (Ledezma/Kotyuk) moved. Motion carried 3/0. Ayes: Kotyuk, Ledezma, Utz Nays: None Absent: Miller, Ruiz Abstain: None 5. DISCUSSION ITEMS City Engineer Habib Motlagh presented the staff report and gave a brief presentation. The 2018 Downtown Pavement Rehabilitation Project report was received and filed. Seth Merewitz with Best Best & Krieger provided an update on the San Jacinto River Levee, Stage 4 River Corridor Project. Mr. Merewitz reported that he had not secured signatures on the option agreements for the purchase of land required for the levee project. Alternative projects would be discussed with Riverside County Flood Control and brought back to City Council. 5.3 Update on Cannabis Cultivation Permits Robert Brady of Trilake Engineering presented the staff report. The update on Cannabis Cultivation Permits was received and filed. 6. CITY MANAGER UPDATE City Manager Johnson gave a brief presentation that included a Community Development update. 5.1 The 2018 Downtown Pavement Rehabilitation Project (CIP 11-006) 5.2 Update on San Jacinto River Levee, Stage 4 River Corridor Project 3.A.2.a Packet Pg. 11 Attachment: 6-5-18 Regular Action Minutes DRAFT (Minutes)  July 4 Parade Rout e Update  Requests for Proposals for 3 Downtown Properties  Budget Workshop  Community Development Update  Kool August Nights Concerts 7. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF  Councilman Kotyuk requested a follow up on the speed bumps across from the Lennar development at Park and Esplanade Avenues. 8. ADJOURNMENT With no further business before the City Council, Mayor Pro Tem Utz adjourned the Regular Meeting of the City Council at 7:42 p.m. in the memory of the men and women who lost their lives to ensure our voting privilege. The meeting was also closed in honor of Councilman Miller’s wife Linda who passed away recently. CITY OF SAN JACINTO: ____________________ Crystal Ruiz, Mayor ATTEST: ________________________ Angela Walton, City Clerk Approved as read: ________ Approved as amended ____ 3.A.2.a Packet Pg. 12 Attachment: 6-5-18 Regular Action Minutes DRAFT (Minutes) June 19, 2018 TO: City Council REQUESTED BY: Tom Prill, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Warrants and Disbursements - May 2018 RECOMMENDATION: Staff recommends that the City Council review and approve Warrants and Disbursements for the period of May 1 - 31, 2018 in the amount of $ 2,393,557.81. DISCUSSION: The City Council in its oversight role formally reviews disbursements of City funds made by Accounts Payable warrants, bi-weekly payrolls and electronic funds (wire) transfers. The following information is provided for such review and approval: Warrants/Wire Pay Date Amount Accounts Payable: # 121421-121710 Various $ 2,066,787.73 Payroll: Pay Period # 10 # 22984-22988 05/10/2018 $ 123,725.49 Includes Warrants, Direct Deposits, Taxes, Garnishments Payroll: Pay Period # 11 # 22989-22994 05/24/2018 $ 134,395.73 Includes Warrants, Direct Deposits, Taxes, Garnishments Electronic Funds Various $ 68,648.86 Total Disbursements – Period of May 1-31, 2018 $ 2,393,557.81 Known Councilmember Conflicts: Kotyuk: Check #s 121450,121456,121529,121646,121683. Ledezma: Check # 121550. Ruiz: Check #s 121527,121554. Prepared by: Judy Kelley, Account Clerk II Note: Payroll information is on file in the Finance Department. FISCAL IMPACT: Expenditures by warrant, payroll direct deposit and electronic funds (wire) t ransfers have been appropriated. ATTACHMENTS: Warrant Register May 31, 2018 3.A.3 Packet Pg. 13 Warrant RegisterCity of San Jacinto5/31/2018Page 1Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1214215/4/2018Aaa demolition incREQUEST 042618Rfnd #3816 credit balance010-0000-301.01-6020.0020.001214225/4/2018Aarvig & associates, apc33347Defense cost/claim js1701020-2200-419.30-90817.001,760.7533351Defense cost/claim js1713020-2200-419.30-90943.751214235/4/2018Abm janitorial services12244093Janitorial srvcs april'18010-3100-431.34-051,430.101,430.101214245/4/2018Acom solutions, inc.0197653-INCheck stock ap & payroll010-1400-414.21-10665.80665.801214255/4/2018Agri empireREQUEST 042318Refund credit balance050-0000-308.09-1031.4531.451214265/4/2018Albert a. webb associates, inc.181536Services thru 3/31/2018199-9999-425.40-017,310.137,460.13181046Services thru 3/31/2018199-9999-425.40-01150.001214275/4/2018Alberto expejel mejiaREQUEST 042318Refund credit balance050-0000-308.09-1061.8161.811214285/4/2018All american asphalt corp.178924Release retention199-0000-210.20-2522,393.8922,893.89178924Release retention199-0000-210.20-25500.001214295/4/2018American forensic nurses, inc.706619 blood draws,1 susp kit010-3100-431.34-05435.00435.001214305/4/2018Anthony brent jacksREQUEST 042318Refund water deposit050-0000-229.08-7020.5320.531214315/4/2018Applied earthworks inc.3869-0050% deposit199-9999-425.40-017,549.007,549.001214325/4/2018Aramark uniform1450014132Uniform service010-7101-410.21-354.79279.911450014132Uniform service010-7100-410.21-3514.371450014133Floor mat service050-1400-414.34-059.261450014133Floor mat service010-4200-410.34-0515.671450014134Uniform service010-4150-410.21-3514.371450014135Uniform service010-4140-410.21-359.581450014135Uniform service050-9000-450.21-3528.361450014135Uniform service055-4170-450.21-3519.161450025664Uniform service010-7101-410.21-354.791450025664Uniform service010-7100-410.21-3514.371450025665Floor mat service050-1400-414.34-059.261450025665Floor mat service010-4200-410.34-0515.671450025666Floor mat service010-4150-410.21-3514.371450025667Uniform service010-4140-410.21-3558.371450025667Uniform service050-9000-450.21-3528.361450025667Uniform service055-4170-450.21-3519.161214335/4/2018Arrow printing, inc.17244Business cards, m. holmes010-1400-414.36-1048.4996.983.A.3.aPacket Pg. 14Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 2Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121433...5/4/2018...Arrow printing, inc....17244Business cards, m. carr102-1400-500.36-1048.4996.98...1214345/4/2018Avaya31788979Ip office phones017-2290-418.40-45580.99580.991214355/4/2018B & w pipe & supply9901412" valve box010-7100-410.21-1225.3125.311214365/4/2018Babcock laboratories, inc.BD81110-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.00392.00BD81111-0278Coliforms p/a by mmo/mug050-9000-450.30-9014.00BD81116-0278Iron by icp, manganese050-9000-450.30-90210.00BD81237-0278Coliforms p/a by mmo/mug050-9000-450.30-9014.00BD81334-0278Coliforms p/a by mmo/mug050-9000-450.30-9014.00BD81349-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.001214375/4/2018Bcc benefit coordinators corp4460Premium april 2018085-0000-202.21-462,917.023,189.584460Employee supplemt april18085-0000-202.21-52272.561214385/4/2018Berner electric incREQUEST 042618Rfnd #3522 credit balance010-0000-301.01-6022.5022.501214395/4/2018Best best & krieger, llpREVISED 041018Total rda186-1111-411.30-902,435.6072,697.62REVISED 041018Sj cfd 2 a 2002046-8800-450.30-9037.70REVISED 041018Total general fund010-1111-411.30-9048,230.13REVISED 041018Total economic developmt010-9600-960.30-90372.00REVISED 041018Special service environmt011-1700-417.30-90678.40REVISED 041018Total agreement011-1700-417.30-901,302.00REVISED 041018Community choice aggreg048-1400-414.30-90426.00REVISED 041018Total agreement065-0000-201.08-13436.13REVISED 041018Ttm 37282 cr&rs065-0000-211.21-20169.60REVISED 041018Lennar tract065-0000-211.21-3190.40REVISED 041018Sa amendment #2065-0000-211.21-311,520.10REVISED 041018Parkside east tract065-0000-211.21-31255.00REVISED 041018Parkside north tract065-0000-211.21-311,472.50REVISED 041018Kb homes, the cove065-0000-211.21-31616.00REVISED 041018Levee p3 negotiations199-9999-425.40-0114,656.061214405/4/2018Bio-tox laboratories, inc.35714Analysis010-3100-431.34-05587.801,932.8035715Analysis010-3100-431.34-051,041.0035763Analysis010-3100-431.34-05304.001214415/4/2018Bmw motorcycles of riverside, inc.6018903Replace front & rear tire024-3100-431.33-50647.69647.693.A.3.aPacket Pg. 15Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 3Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1214425/4/2018Brandon odamREQUEST 042318Refund water deposit050-0000-229.08-70125.40125.401214435/4/2018Brenntag pacific, inc.BPI827984Sodium hypochlorite050-9000-450.21-12777.69777.691214445/4/2018Busy bees family childcareREQUEST 042618Rfnd #3629 credit balance010-0000-301.01-6045.0045.001214455/4/2018Calpers supplemental income plansREQUEST 0501184/26/2018, sip # 452544085-0000-202.21-291,873.422,305.87REQUEST 050118Pers repaymt, sip# 452544085-0000-202.21-28432.451214465/4/2018Carl & wendy andersonREQUEST 042618Rfnd #7710 credit balance010-0000-301.01-6041.0041.001214475/4/2018Cash, jimREQUEST 050118Reimburse h/d/v010-2500-425.11-90499.79499.791214485/4/2018Catron, janREQUEST 043018Reimburse h/d/v expense010-2500-425.11-90219.80219.801214495/4/2018Ced - san jacinto, inc.2983-509892Test lead clip010-4150-410.21-1236.9636.961214505/4/2018Central county united wayREQUEST 050118Employee contrib april'18085-0000-202.21-8051.0051.001214515/4/2018Clark's towing and recovery24257Evidence tow010-3100-431.30-9050.0050.001214525/4/2018Clearwater pipeline incREQUEST 042618Rfnd #3654 credit balance010-0000-301.01-6020.0020.001214535/4/2018Cottonwood ranch agronomy corp1385Clean filter service326-8831-500.34-0545.00200.001386Clean filter service345-8831-500.34-0545.001388Site maint, irriga check364-8831-500.34-05110.001214545/4/2018Crystal sadlerREQUEST 042318Refund water deposit050-0000-229.08-7074.6674.661214555/4/2018Dave's hauling041018-GRECO STComplete clean up010-7100-410.34-05500.001,650.00041218-RAMONEXPCleaned up parkway,sidewk010-7100-410.34-05250.00041918-SAND/RAMCleaned sides of roadway025-7250-410.34-05900.001214565/4/2018Eastern municipal water districtREQUEST 043018Water service325-8831-500.35-10431.462,975.59REQUEST 043018Water service326-8831-500.35-10889.04REQUEST 043018Water service341-8831-500.35-10612.61REQUEST 043018Water service345-8831-500.35-101,042.481214575/4/2018Elite customs constructionEC-ELE410Install 300w transformers010-7100-410.34-051,275.0065,825.00ECROOF416Replace buildings roof010-3100-431.33-1064,550.001214585/4/2018Empire welding supply27226Welding supplies050-9000-450.21-1237.8237.821214595/4/2018Engie services (formerly opterra)10899Monitoring fees march '18050-9000-450.34-05300.212,859.2110902Maintenance fees march'18050-9000-450.34-05850.8310910Monitoring fees march '18050-9000-450.34-05325.2910911Maintenance fees march'18050-9000-450.34-051,382.881214605/4/2018Esgil corporation0039314-INPlan review services011-3300-431.30-902,500.702,500.703.A.3.aPacket Pg. 16Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 4Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1214615/4/2018Ewing incorporation5145972Irrigation supplies010-7100-410.21-12734.474,689.185154854Irrigation supplies345-8831-500.34-051,697.135164057Irrigation supplies010-7100-410.21-122,257.581214625/4/2018Ez sunnyday landscape2783Irrigation checks025-7100-410.34-0515.001,995.002807Irrigation checks025-7100-410.34-0530.002809Irrigation checks367-8831-500.34-0585.002810Irrigation checks025-7100-410.34-05225.002811Irrigation repairs320-8831-500.34-05345.002812Irrigation repairs010-7100-410.34-0555.002814Irrigation repairs,checks025-7100-410.34-0590.002815Irrigation repairs,checks025-7252-410.34-05980.002816Irrigation checks025-7250-410.34-0520.002817Irrigation checks322-8831-500.34-05115.002816Irrigation checks319-8831-500.34-0535.001214635/4/2018Fedex corporation6-150-08562Delivery service011-3300-431.21-6525.35352.956-150-08562Delivery service048-1400-414.21-6530.456-157-53584Delivery service010-1210-412.21-6565.496-157-53584Delivery service011-1700-417.21-6536.846-157-53584Delivery service011-3300-431.21-65144.326-157-53584Delivery service010-1110-411.21-6550.501214645/4/2018Francisca duenasREQUEST 042618Rfnd #7670 credit balance010-0000-301.01-603.003.001214655/4/2018Gerardo bonillaREQUEST 042318Refund credit balance050-0000-308.09-1030.9530.951214665/4/2018Harddog's requistes06562K-9 accessory010-3100-431.34-12235.95235.951214675/4/2018Hartford life insurance companiesREQUEST 0501184/26/2018, group #109947085-0000-202.21-291,000.001,000.001214685/4/2018Hdl coren & cone, inc0025229-INProperty tax services010-2500-425.30-903,218.433,218.431214695/4/2018Helena agri-ent,llc/helena chemical3064551478 lbs krovar i df010-4140-410.21-14616.201,232.403064551478 lbs krovar i df010-4150-410.21-14616.201214705/4/2018Hemet industrial supply47019Jacket fire hose, coupler055-4170-450.21-12218.40227.5347029Galv band clamp, labor055-4170-450.21-809.131214715/4/2018Hemet ornamental supply0225607Electrical panel parts010-4150-410.21-1251.7251.721214725/4/2018Hemet valley pipe & supply184183Misc pipe & supplies010-7100-410.21-12150.46194.303.A.3.aPacket Pg. 17Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 5Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121472...5/4/2018...Hemet valley pipe & supply...184268Misc pipe & supplies050-9000-450.21-1243.84194.30...1214735/4/2018Home depot credit services5572986Hand vacuum,120v engraver010-4150-410.21-80134.72134.721214745/4/2018Icma retirement trustREQUEST 0501184/26/18, group # 300434085-0000-202.21-29300.00300.001214755/4/2018Image sourceAR749026Copies 3/15-4/14/2018010-4200-410.34-05348.092,032.06AR749662Copies 3/18 - 4/17/2018010-2500-425.34-051,385.69AR749662Copies 3/18 - 4/17/2018010-3100-431.34-0589.68AR748448Staples for copy machine010-3100-431.21-10208.601214765/4/2018Infosend inc.135470Data process/mail prep050-1400-414.34-05336.76673.51135470Data process/mail prep055-1400-414.34-05336.751214775/4/2018Jorge ocarizREQUEST 042318Refund water deposit050-0000-229.08-70148.83148.831214785/4/2018Karl's tractor service5280Spring weed abatement179-9700-470.36-95365.001,185.005281Spring weed abatement186-9700-470.30-9095.005282Spring weed abatement010-7100-410.34-05275.005283Spring weed abatement010-7100-410.34-05325.005284Spring weed abatement179-9700-470.36-95125.001214795/4/2018Kelley, judyREQUEST 042318Reimburse h/d/v expense010-2500-425.11-9075.0075.001214805/4/2018Kimley-horn & associates,inc.094873001-12171Sgc services dec 2017199-9999-425.40-0118,130.0018,130.001214815/4/2018Ktua planning & landscape architect29966Srvc provided 1/1-1/31/18199-9999-425.40-016,945.0020,993.7530126Srvc provided 2/1-3/31/18199-9999-425.40-0114,048.751214825/4/2018Loma linda rentals incREQUEST 042618Rfnd #8692 credit balance010-0000-301.01-6012.0012.001214835/4/2018Maria figueroaREQUEST 042318Refund water deposit050-0000-229.08-70171.61171.611214845/4/2018Mark wallaceREQUEST 043018Reimb hotel & car rental065-0000-229.09-13442.31442.311214855/4/2018Mckenna lanier group, inc2018 SJ 082Planning services feb '18011-1700-417.30-905,437.5018,667.502018 SJ 083Services provided mar '18065-0000-211.21-011,046.252018 SJ 084Services provided mar '18011-1700-417.30-90675.002018 SJ 085Services provided mar '18065-0000-211.21-01843.752018 SJ 086Services provided mar '18065-0000-211.21-0167.502018 SJ 087Services provided mar '18011-1700-417.30-90270.002018 SJ 088Services provided mar '18011-1700-417.30-90236.252018 SJ 089Services provided mar '18011-1700-417.30-90540.002018 SJ 090Services provided mar '18065-0000-211.21-013,712.503.A.3.aPacket Pg. 18Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 6Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121485...5/4/2018...Mckenna lanier group, inc...2018 SJ 091Services provided mar '18065-0000-211.21-015,838.7518,667.50...1214865/4/2018Minuteman press, inc.39280Bulk mailing service048-1400-414.36-101,464.441,741.6839301Bulk mailing service048-1400-414.36-10277.241214875/4/2018Monarch landscape llc, inc.1761Maintenance april 2018305-8831-500.34-05650.0017,519.001761Maintenance april 2018306-8831-500.34-05300.001761Maintenance april 2018306-8831-500.34-05100.001761Maintenance april 2018341-8831-500.34-05800.001761Maintenance april 2018341-8831-500.34-05100.001761Maintenance april 2018353-8831-500.34-05400.001761Maintenance april 2018355-8831-500.34-05400.001761Maintenance april 2018365-8831-500.34-05125.001761Maintenance april 2018365-8831-500.34-0550.001761Maintenance april 2018025-7100-410.34-05400.001761Maintenance april 2018025-7250-410.34-05200.001761Maintenance april 2018303-8831-500.34-051,400.001761Maintenance april 2018307-8831-500.34-051,850.001761Maintenance april 2018307-8831-500.34-05100.001761Maintenance april 2018311-8831-500.34-051,300.001761Maintenance april 2018311-8831-500.34-05100.001761Maintenance april 2018325-8831-500.34-05800.001761Maintenance april 2018327-8831-500.34-051,400.001761Maintenance april 2018327-8831-500.34-05100.001761Maintenance april 2018329-8831-500.34-051,100.001761Maintenance april 2018329-8831-500.34-05100.001761Maintenance april 2018338-8831-500.34-051,900.001761Maintenance april 2018351-8831-500.34-05250.001750Irrigation checks,repairs325-8831-500.34-05285.001755Irrigation repairs303-8831-500.34-051,575.001763Clean fiter service325-8831-500.34-05180.001764Irrigation repairs311-8831-500.34-05168.001765Irrigation checks307-8831-500.34-05160.001767Irrigation checks306-8831-500.34-0585.003.A.3.aPacket Pg. 19Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 7Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121487...5/4/2018...Monarch landscape llc, inc....1769Irrigation checks355-8831-500.34-0560.0017,519.00...1770Irrigation checks341-8831-500.34-0590.001771Flushed line341-8831-500.34-0525.001772Irrigation repairs338-8831-500.34-0596.001773Irrigation checks338-8831-500.34-05245.001774Irrigation checks329-8831-500.34-05300.001777Irrigation checks325-8831-500.34-0545.001778Irrigation checks311-8831-500.34-05280.001214885/4/2018Mudrovich, danREQUEST 043018Reimburse h/d/v expense010-2500-425.11-9041.0441.041214895/4/2018Mullen, arthurREQUEST 042318Reimburse h/d/v expense010-2500-425.11-90276.59276.591214905/4/2018Murphy, tessaREQUEST 041918Reimburse h/d/v expense010-2500-425.11-9040.0040.001214915/4/2018National safety compliance, inc.72821Epn reports010-4200-410.34-0520.0020.001214925/4/2018Nicolas alcantara handyman serviceREQUEST 042618Rfnd #4826 credit balance010-0000-301.01-6010.0010.001214935/4/2018O'reilly auto parts,inc.5531-243226Sleeve retnr050-9000-450.33-508.618.611214945/4/2018Pereida, salvadorREQUEST 043018Reimburse h/d/v expense010-2500-425.11-9042.0042.001214955/4/2018Plumbers depot, inc.PD-38021Hand held spotlight055-4170-450.21-12544.49544.491214965/4/2018Preferred benefit insurance admin.EIA23993Cobra premium april 2018065-0000-201.08-6437.0037.001214975/4/2018Prill, thomasREQUEST 042618Reimburse hotel & parking048-1400-414.31-20606.20606.201214985/4/2018Propet distributors, inc.121642Litter pick up bags025-7251-410.34-05521.83488.35121642Sales tax not cahrged010-0000-201.20-45-33.481214995/4/2018R.a.rispalje construction000097Repair damaged blocks025-7250-410.34-053,000.005,299.92105Reclaimed wtr filter cage326-8831-500.34-052,299.921215005/4/2018Radford cabinets incREQUEST 042618Rfnd #3097 credit balance010-0000-301.01-6016.5016.501215015/4/2018Ramirez, andyREQUEST 041718Reimburse h/d/v expense010-2500-425.11-9014.4158.21REQUEST 042518Reimburse h/d/v expense010-2500-425.11-9043.801215025/4/2018Rightway site services, inc.225905Rent/labor 4/4-5/1/2018010-3100-431.34-5082.7882.781215035/4/2018Riverside countyPU0000004316Fleet fuel february 2018050-9000-450.21-70735.253,960.66PU0000004316Fleet fuel february 2018055-4170-450.21-7090.48PU0000004316Fleet fuel february 2018010-4150-410.21-70783.65PU0000004316Fleet fuel february 2018010-4140-410.21-70255.89PU0000004316Fleet fuel february 2018010-7101-410.21-70250.943.A.3.aPacket Pg. 20Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 8Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121503...5/4/2018...Riverside county...PU0000004316Fleet fuel february 2018010-7100-410.21-70675.173,960.66...PU0000004316Fleet fuel february 2018010-3320-431.21-70436.62PU0000004316Fleet fuel february 2018011-3300-431.21-70100.23PU0000004316Fleet fuel february 2018010-3100-431.21-70442.17PU0000004316Fleet fuel february 2018010-3100-431.33-50190.261215045/4/2018Riverside countyTL0000014056Signal light maint mar'18010-4150-410.32-057,277.357,277.351215055/4/2018Riverside county info technologyIT00000018523 apx 7500m dual bands024-3100-431.34-05590.97590.971215065/4/2018Riverside county sheriff departmentSH0000032783Contract law bp #10010-3100-431.34-04661,348.57738,562.78SH0000032783Contract law bp #10010-3100-431.34-0412,316.80SH0000032783Contract law bp #10010-3100-431.34-0622,128.06SH0000032783Contract law bp #10034-3100-431.34-0442,769.351215075/4/2018Riverside property management incREQUEST 042318Refund water deposit050-0000-229.08-70133.53133.531215085/4/2018Sarah lewisREQUEST 042318Refund credit balance050-0000-308.09-1016.6616.661215095/4/2018Seiu local 721REQUEST 050118Employee union dues apr18085-0000-202.21-431,031.241,136.24REQUEST 050118Cope contributions apr'18085-0000-202.21-43105.001215105/4/2018Smith, ericREQUEST 042318Reimburse h/d/v expense010-2500-425.11-901,500.001,500.001215115/4/2018Speedy construction servicesREQUEST 042618Rfnd #8492 credit balance010-0000-301.01-605.005.001215125/4/2018State of california dept of justice298222Analyisi march 2018010-3100-431.34-0570.0070.001215135/4/2018Sullens, prestonREQUEST 042518Reimburse h/d/v expense010-2500-425.11-9060.0060.001215145/4/2018The thomsen company, inc.2018-013Surveying service199-9999-425.40-012,394.002,394.001215155/4/2018Tony's tires04162018Tire patch unit 414010-4150-410.33-5015.0015.001215165/4/2018Tri lake consultants, inc.13309-5Code correction199-9999-425.40-01-210.00105.0013309-5Code correction011-1700-417.30-90210.0012843-5Srvcs provided 8/5-9/1/17011-4100-410.30-9055.0012910Srvc provided 9/2-9/29/17011-4100-410.30-9050.001215175/4/2018U.s. healthworks medical group, pc3312559-CAPe/d.o.t. - k. carranza010-1210-412.30-9099.00229.003312559-CAPe/basic - i. castillo010-1210-412.30-90130.001215185/4/2018Union bank - trust departmentREF NO. 1093688Services 4/1-6/30/2018045-8800-450.30-90792.512,855.00REF NO. 1093688Services 7/1-3/31/2019045-0000-103.12-342,062.491215195/4/2018Usa blue book543898Ear plugs050-9000-450.21-1241.7541.751215205/4/2018Verizon wireless9805122681Motor ticket rprt writers024-3100-431.21-9051.6151.613.A.3.aPacket Pg. 21Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 9Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1215215/4/2018Voyager fleet systems, inc.869158709812Fleet fuel050-9000-450.21-70235.331,302.02869158709812Fleet fuel055-4170-450.21-70445.67869158709812Fleet fuel010-4150-410.21-70330.67869158709812Fleet fuel024-3100-431.21-70290.351215225/4/2018West coast arborists, inc135657Basin 2 pruning & removal025-7252-410.34-052,656.0010,935.00135656Basin pruning & removals306-8831-500.34-053,980.00135655Basin 4 pruning & removal025-7252-410.34-054,299.001215235/4/2018Windstream (formerly paetec)70052490Communication service010-2500-425.35-161,030.202,286.9670026405Communication services010-3100-431.35-161,256.761215245/4/2018Yarnall, reneREQUEST 043018Reimburse h/d/v010-2500-425.11-9020.0020.001215255/11/2018Aflac337899Premium april 2018085-0000-202.21-271,751.951,751.951215265/11/2018City of lancasterI180001843Phase 2 implement plan048-1400-414.30-9040,000.0040,000.001215275/11/2018Cr&r incorporatedREQUEST 050818Trash & recycling apr2018059-8052-450.34-05102.06102.061215285/11/2018Dewey pest control inc.11814065Pest control srvc may'18034-3200-431.34-0539.0084.0011799746Pest control srvc may'18010-2500-425.34-0545.001215295/11/2018Eastern municipal water districtREQUEST 050818Sewer/trash settlement059-0000-308.08-68-21.2285,924.80REQUEST 050818Sewer/trash settlement055-0000-308.07-30-39,293.17REQUEST 050818Sewer/trash settlement055-0000-201.20-40125,239.191215305/11/2018Enviro-tech pest control, inc032620182 services for ants034-3200-431.33-10275.00275.001215315/11/2018Frontier communicationsREQUEST 050818Telephone service010-3100-431.35-16220.64449.64REQUEST 050818Telephone service010-4200-410.35-16181.62REQUEST 050818Telephone service010-6500-425.35-1647.381215325/11/2018Home depot credit services3010584Black poly sheeting034-3200-431.33-3065.2365.231215335/11/2018Minuteman press, inc.394341,002 mass-enrollment048-1400-414.36-10559.36559.361215345/11/2018Pacific alarm service,inc.R 138209Alarm service may 2018010-6500-425.34-0538.00648.50R 138209Alarm service may 2018010-2500-425.34-05124.00R 138209Alarm service may 2018050-9000-450.34-05191.50R 138209Alarm service may 2018010-4200-410.34-05217.50R 138209Alarm service may 2018010-3100-431.34-0577.501215355/11/2018Pereida, salvadorREQUEST 050218Reimb grd 2 wtr dist cert055-4170-450.31-20145.00145.001215365/11/2018Romeril plumbing & hardware14567Misc plumbing & supplies010-7100-410.21-12101.50803.653.A.3.aPacket Pg. 22Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 10Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121536...5/11/2018...Romeril plumbing & hardware...14570Misc plumbing & supplies050-9000-450.21-1257.61803.65...14585Misc plumbing & supplies010-4150-410.21-12122.8414586Misc plumbing & supplies010-7100-410.21-1293.9214597Misc plumbing & supplies010-7100-410.21-12103.9714601Misc plumbing & supplies010-4140-410.21-1276.4714611Misc plumbing & supplies010-7100-410.21-12102.2514613Misc plumbing & supplies010-7101-410.21-1255.1814634Misc plumbing & supplies010-7100-410.21-1224.0814634Misc plumbing & supplies010-6100-425.33-1036.6214638Misc plumbing & supplies050-9000-450.21-121.9814639Misc plumbing & supplies010-4150-410.21-1227.231215375/11/2018Southern california edisonREQUEST 050818Electricity service010-4150-410.35-1449.534,138.27REQUEST 050818Electricity service010-6500-425.35-1489.35REQUEST 050818Electricity service010-7100-410.35-1425.79REQUEST 050818Electricity service025-7260-410.35-14125.29REQUEST 050818Electricity service308-8831-500.35-1481.03REQUEST 050818Electricity service311-8831-500.35-14114.57REQUEST 050818Electricity service320-8831-500.35-1463.62REQUEST 050818Electricity service323-8831-500.35-1471.54REQUEST 050818Electricity service325-8831-500.35-1426.77REQUEST 050818Electricity service327-8831-500.35-1429.97REQUEST 050818Electricity service331-8831-500.35-1458.95REQUEST 050818Electricity service338-8831-500.35-1426.77REQUEST 050818Electricity service339-8831-500.35-1426.63REQUEST 050818Electricity service341-8831-500.35-1426.91REQUEST 050818Electricity service342-8831-500.35-1442.23REQUEST 050818Electricity service343-8831-500.35-14106.54REQUEST 050818Electricity service353-8831-500.35-1448.77REQUEST 050818Electricity service362-8831-500.35-1489.12REQUEST 050818Electricity service376-8831-500.35-1432.44REQUEST 050818Electricity service359-8831-500.35-14112.31REQUEST 050818Electricity service010-4150-410.35-14549.513.A.3.aPacket Pg. 23Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 11Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121537...5/11/2018...Southern california edison...REQUEST 050818Electricity service010-4150-410.35-140.014,138.27...REQUEST 050818Electricity service302-8831-500.35-14223.13REQUEST 050818Electricity service305-8831-500.35-14143.87REQUEST 050818Electricity service308-8831-500.35-14417.54REQUEST 050818Electricity service309-8831-500.35-142.37REQUEST 050818Electricity service311-8831-500.35-14207.22REQUEST 050818Electricity service321-8831-500.35-143.67REQUEST 050818Electricity service323-8831-500.35-143.67REQUEST 050818Electricity service325-8831-500.35-14523.67REQUEST 050818Electricity service331-8831-500.35-14192.01REQUEST 050818Electricity service343-8831-500.35-143.67REQUEST 050818Electricity service369-8831-500.35-147.35REQUEST 050818Electricity service371-8831-500.35-1411.76REQUEST 050818Electricity service376-8831-500.35-14511.23REQUEST 050818Electricity service309-8831-500.35-144.52REQUEST 050818Electricity service312-8831-500.35-145.37REQUEST 050818Electricity service321-8831-500.35-146.82REQUEST 050818Electricity service322-8831-500.35-1422.38REQUEST 050818Electricity service323-8831-500.35-146.82REQUEST 050818Electricity service334-8831-500.35-140.79REQUEST 050818Electricity service335-8831-500.35-140.90REQUEST 050818Electricity service336-8831-500.35-141.04REQUEST 050818Electricity service337-8831-500.35-140.58REQUEST 050818Electricity service339-8831-500.35-141.14REQUEST 050818Electricity service342-8831-500.35-140.45REQUEST 050818Electricity service343-8831-500.35-146.82REQUEST 050818Electricity service367-8831-500.35-147.46REQUEST 050818Electricity service369-8831-500.35-1413.63REQUEST 050818Electricity service380-8831-500.35-145.37REQUEST 050818Electricity service388-8831-500.35-145.371215385/11/2018Staples business advantage, inc.3375752018Office supplies011-3300-431.21-1015.13187.983375752018Office supplies011-1700-417.21-1015.133.A.3.aPacket Pg. 24Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 12Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121538...5/11/2018...Staples business advantage, inc....3375752018Office supplies010-1110-411.21-102.14187.98...3375752018Office supplies010-2500-425.21-10155.581215395/11/2018Sullens, prestonREQUEST 050118Reimburse tuition expense010-2500-425.31-20224.00224.001215405/11/2018Time warner cable0543731050118Service 5/10 - 6/9/2018017-2290-418.34-20378.20378.201215415/11/2018Time warner cable -city hall acct066798501050118Service may 2018017-2290-418.34-20629.44629.441215425/11/2018Voices.com, inc.SIN210573Voice over talent fee048-1400-414.30-90660.00660.001215435/11/2018Walton, angelaREQUEST 050318Reimb park,mile,car rntal010-1110-411.31-20275.12275.121215445/11/2018Walton, angelaREQUEST 032218Iimc meal per diem010-1110-411.31-2080.0080.001215455/11/2018Watereuse associationD28364Annual dues - 2018010-7100-410.30-90963.00963.001215465/11/2018Xerox financial services1148656Copier lease 4/18-5/17/18010-3100-431.34-05427.103,402.551148656Copier lease 4/18-5/17/18010-2500-425.34-052,975.451215475/11/2018Fedex corporation6-163-97339Delivery service010-1210-412.21-65131.26245.696-163-97339Delivery service011-3300-431.21-6535.316-163-97339Delivery service010-1110-411.21-6520.646-172-29496Delivery service011-1700-417.21-6558.481215485/11/2018GesORDER # 40099775 & 10 amp booth outlets010-9600-960.36-15627.759,787.25ORDER # 4009976Furniture for icsc booth010-9600-960.36-159,159.501215495/11/2018Johnson, robREQUEST 050918Meal per diem, icsc010-9600-960.31-2084.0084.001215505/11/2018Ledezma, alonsoREQUEST 050918Meal per diem, icsc010-1100-411.31-20143.00143.001215515/11/2018Magner, taraREQUEST 050918Meal per diem, icsc010-9600-960.31-20147.00147.001215525/11/2018Paisley, sharonREQUEST 050918Meal per diem, icsc010-9600-960.31-2084.0084.001215535/11/2018Randel,travisREQUEST 050918Meal per diem, icsc010-9600-960.31-2084.0084.001215545/11/2018Ruiz, crystalREQUEST 050918Meal per diem, icsc010-1100-411.31-20143.00143.001215555/11/2018Superco specialty products15053728Cleaning supplies010-7101-410.21-12994.19994.191215565/11/2018Time warner cable0055371050218Service 5/10 - 6/9/2018010-3100-431.34-05261.66261.661215575/11/2018Wingraphics, inc.10764Digitally printed vinyl010-9600-960.36-15699.30766.7310781Vinyl prints mounted010-9600-960.36-1567.431215585/11/2018Yarnall, reneREQUEST 050918Meal per diem, icsc010-9600-960.31-20147.00147.001215595/18/2018Adlerhorst international, llc inc.100359K-9 training april 2018010-3100-431.34-12175.00175.001215605/18/2018Adt security services, inc.659481286Alarm srvc 4/30-5/21/2018010-6100-425.34-055.13172.13659696384Alarm srvc 5/22-6/21/2018010-6100-425.34-0544.993.A.3.aPacket Pg. 25Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 13Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121560...5/18/2018...Adt security services, inc....659875799Installation, battery010-6100-425.34-05122.01172.13...1215615/18/2018Alltech industries inc595115Patrol service april 2018301-8831-500.34-05312.007,175.90595115Patrol service april 2018303-8831-500.34-05312.00595115Patrol service april 2018307-8831-500.34-05312.00595115Patrol service april 2018308-8831-500.34-05312.00595115Patrol service april 2018311-8831-500.34-05312.00595115Patrol service april 2018313-8831-500.34-05312.00595115Patrol service april 2018320-8831-500.34-05312.00595115Patrol service april 2018321-8831-500.34-05311.90595115Patrol service april 2018322-8831-500.34-05312.00595115Patrol service april 2018325-8831-500.34-05312.00595115Patrol service april 2018326-8831-500.34-05312.00595115Patrol service april 2018327-8831-500.34-05312.00595115Patrol service april 2018329-8831-500.34-05312.00595115Patrol service april 2018331-8831-500.34-05312.00595115Patrol service april 2018332-8831-500.34-05312.00595115Patrol service april 2018338-8831-500.34-05312.00595115Patrol service april 2018341-8831-500.34-05312.00595115Patrol service april 2018343-8831-500.34-05312.00595115Patrol service april 2018345-8831-500.34-05312.00595115Patrol service april 2018353-8831-500.34-05312.00595115Patrol service april 2018355-8831-500.34-05312.00595115Patrol service april 2018362-8831-500.34-05312.00595115Patrol service april 2018376-8831-500.34-05312.001215625/18/2018American fence co. inc.2065608Temp fence 4/26-5/25/2018010-3320-431.34-05100.00100.001215635/18/2018American forensic nurses, inc.707236 blood draws010-3100-431.34-05240.00240.001215645/18/2018Aramark uniform1450037216Floor mat service050-1400-414.34-059.26727.101450037216Floor mat service010-4200-410.34-0515.671450037215Uniform service010-7100-410.21-3514.371450037215Uniform service010-7101-410.21-354.791450037217Uniform service010-4150-410.21-3514.371450037218Uniform service010-4140-410.21-3514.373.A.3.aPacket Pg. 26Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 14Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121564...5/18/2018...Aramark uniform...1450037218Uniform service050-9000-450.21-3528.36727.10...1450037218Uniform service055-4170-450.21-3519.161450048646Uniform service010-7101-410.21-354.791450048646Uniform service010-7100-410.21-3514.371450048647Floor mat service050-1400-414.34-059.261450048647Floor mat service010-4200-410.34-0515.671450048648Uniform service010-4150-410.21-3514.371450048649Uniform service010-4140-410.21-3514.371450048649Uniform service050-9000-450.21-3528.361450048649Uniform service055-4170-450.21-3519.161450060111Uniform service010-7100-410.21-3514.371450060111Uniform service010-7101-410.21-354.791450060112Floor mat service050-1400-414.34-059.261450060112Floor mat service010-4200-410.34-0515.671450060113Uniform service010-4150-410.21-35287.311450060114Uniform service010-4140-410.21-35107.481450060114Uniform service050-9000-450.21-3528.361450060114Uniform service055-4170-450.21-3519.161215655/18/2018Azavar audit,inc.14328Sce audit / #33 of 36010-1400-414.30-9015.9615.961215665/18/2018B & w pipe & supply99070Irrigation supplies025-7252-410.21-1244.1544.151215675/18/2018Babcock laboratories, inc.BD82354-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.00198.00BD82355-0278Coliforms p/a by mmo/mug050-9000-450.30-9014.00BE80436-0278Coliforms p/a by mmo/mug050-9000-450.30-9014.00BE80442-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.00BE80447-0278General physical analysis050-9000-450.30-9030.001215685/18/2018Bank of america business cardREQUEST 051018Doubletree berkeley010-1110-411.31-20396.20527.58REQUEST 051018Stadium pizza010-1100-411.31-2072.72REQUEST 051018Stadium pizza010-1100-411.31-2058.661215695/18/2018Bank of america business cardREQUEST 051018Pesticide applicators010-4150-410.31-20100.00973.89REQUEST 051018Pesticide applicators010-4140-410.31-20100.00REQUEST 051018Amazon marketplace010-6500-425.33-1086.10REQUEST 051018Sales tax not charged010-0000-201.20-45-6.203.A.3.aPacket Pg. 27Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 15Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121569...5/18/2018...Bank of america business card...REQUEST 051018The pond guy010-7100-410.21-80323.24973.89...REQUEST 051018Sales tax not charged010-0000-201.20-45-23.25REQUEST 051018Fred pryor careertrack010-0000-103.12-3499.00REQUEST 051018Ca-nv section awwa010-0000-103.12-34295.001215705/18/2018Bank of america business cardREQUEST 051018Home depot010-3100-431.21-50115.14178.04REQUEST 051018Lowes010-3100-431.21-5062.901215715/18/2018Bank of america business cardREQUEST 051018Liebert cassidy whitmore010-1400-414.31-20550.00563.40REQUEST 051018Usps.com010-1400-414.21-656.70REQUEST 051018Usps.com010-1400-414.21-656.701215725/18/2018Bank of america business cardREQUEST 051018Party city010-2510-425.40-1258.623,863.53REQUEST 051018Party city010-2510-425.40-1254.19REQUEST 051018Party city010-2510-425.40-1246.66REQUEST 051018Hyatt regency monterey011-1700-417.31-2082.50REQUEST 051018Hyatt regency monterey011-1700-417.31-2082.50REQUEST 051018Expo ease010-9600-960.36-15254.39REQUEST 051018Sourceone010-9600-960.36-1539.18REQUEST 051018Southwest010-9600-960.31-20170.95REQUEST 051018Displays 2 go010-9600-960.36-15449.09REQUEST 051018Sales tax not charged010-0000-201.20-45-28.52REQUEST 051018Symposium 8/9/2018010-0000-103.12-34100.00REQUEST 051018Westgate las vegas hotel010-9600-960.31-20139.46REQUEST 051018Westgate las vegas hotel010-1100-411.31-20139.46REQUEST 051018Westgate las vegas hotel010-9600-960.31-20139.46REQUEST 051018Westgate las vegas hotel010-9600-960.31-20139.46REQUEST 051018Westgate las vegas hotel010-9600-960.31-20139.46REQUEST 051018Westgate las vegas hotel010-1100-411.31-20139.46REQUEST 051018Westgate las vegas hotel010-9600-960.31-20139.46REQUEST 051018Icsc011-1700-417.30-1650.00REQUEST 051018Accurate (rehash digimkt)010-9600-960.36-15520.00REQUEST 051018Global experience010-9600-960.36-15627.75REQUEST 051018Icsc registration 10/8-11010-0000-103.12-34380.001215735/18/2018Bank of america business cardREQUEST 051018Ca-nv section awwa050-9000-450.30-992,000.002,000.003.A.3.aPacket Pg. 28Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 16Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1215745/18/2018Bank of america business cardREQUEST 051018Chipotle010-7100-410.31-2018.3718.371215755/18/2018Bank of america business cardREQUEST 051018American planning assoc011-1700-417.30-16525.00525.001215765/18/2018Bank of america business cardREQUEST 051018Positive promotions010-3100-431.36-25333.88735.47REQUEST 051018Walmart010-3100-431.36-25401.591215775/18/2018Bank of america business cardREQUEST 051018Web network solutions017-2290-418.40-45389.90882.67REQUEST 051018Web network solutions017-2290-418.40-45114.95REQUEST 051018Web network solutions017-2290-418.40-45114.95REQUEST 051018Amazon.com017-2290-418.21-10262.871215785/18/2018Bank of america business cardREQUEST 051018Liebert cassidy whitmore010-1210-412.31-20550.00550.001215795/18/2018Bee patrol0032Remve bees from valve box025-7100-410.34-05125.00125.001215805/18/2018Bernard j. haroREQUEST 050918Refund water deposit050-0000-229.08-7075.7375.731215815/18/2018Blaine womer, civil engineering9648Legal description service186-9700-470.30-901,200.001,200.001215825/18/2018Bob's trailer supply, inc.28679Parts & labor024-3100-431.33-30128.77128.771215835/18/2018Boot barn inc.IVC0135833Work boots / v. vasquez010-7100-410.21-35179.09179.091215845/18/2018Bradley clemonsREQUEST 050918Refund water deposit050-0000-229.08-7019.6419.641215855/18/2018Brenntag pacific, inc.BPI830230Sodium hypochlorite050-9000-450.21-12743.723,080.03BPI832270Sodium hypochlorite050-9000-450.21-12556.88BPI834447Sodium hypochlorite050-9000-450.21-121,779.431215865/18/2018Brithinee electric inc.SI07771Sight glass w/reflector050-9000-450.33-30331.12331.121215875/18/2018Byrd industrial electronics419-18Troubleshoot service050-9000-450.33-30240.00240.001215885/18/2018Caceo/ california association of200006433Application fee/j.mccombs010-3320-431.31-20200.00630.00200006424Investigative rpt writing010-3320-431.31-2086.00200006429Investigative rpt writing010-3320-431.31-2086.00200006427Investigative rpt writing010-3320-431.31-2086.00200006423Investigative rpt writing010-3320-431.31-2086.00200006404Investigative rpt writing010-3320-431.31-2086.001215895/18/2018Calpers supplemental income plansREQUEST 0514185/10/18, sip # 452544085-0000-202.21-291,843.692,276.14REQUEST 051418Pers repaymt, sip #452544085-0000-202.21-28432.451215905/18/2018Carlson & associates, llc287Sgc services april 2018199-9999-425.40-011,398.601,398.601215915/18/2018Christopher hernandezREQUEST 050918Refund water deposit050-0000-229.08-7070.5770.571215925/18/2018Circle of safe-t, inc.604Sart exam010-3100-431.30-901,100.002,200.003.A.3.aPacket Pg. 29Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 17Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121592...5/18/2018...Circle of safe-t, inc....607Sart exam010-3100-431.30-901,100.002,200.00...1215935/18/2018Clark's towing and recoveryS17428Evidence tow & storage010-3100-431.30-90125.00605.00S2003Accident evidence tows010-3100-431.30-90315.00S2004Accident evidence tows010-3100-431.30-90165.001215945/18/2018Core & main lp1782632Parts050-9000-450.21-12127.18127.181215955/18/2018Corky's pest control, inc.1665649Pest control service010-3100-431.34-05125.00125.001215965/18/2018Cottonwood ranch agronomy corp1387Irrigation repairs025-7252-410.34-05350.00350.001215975/18/2018Covenant group inc.REQUEST 051018Rfnd fee billed in error011-0000-303.01-011,992.001,992.001215985/18/2018Coyne powersports banning llc96528233Parts, labor024-3100-431.33-50370.08370.081215995/18/2018Crafco inc940182714210.44 ton hp asphalt bulk010-4150-410.21-122,403.582,403.581216005/18/2018Crop production services, inc.35532504Safety glasses010-4150-410.21-359.911,973.9035532510Makaze, turf trax010-4140-410.21-14489.7335532510Makaze, turf trax010-4150-410.21-14489.7435532516Makaze, turf trax010-4140-410.21-14492.2635532516Makaze, turf trax010-4150-410.21-14492.261216015/18/2018Daniel gaytan martinezREQUEST 050918Refund water deposit050-0000-229.08-70120.50120.501216025/18/2018Dave's hauling042418-MINOR STEasement area clean up010-4150-410.34-05900.0013,980.0004262018Clean major city streets010-4150-410.34-056,000.0004302018Park/landscape trash srvc301-8831-500.34-0550.0004302018Park/landscape trash srvc307-8831-500.34-0525.0004302018Park/landscape trash srvc308-8831-500.34-05100.0004302018Park/landscape trash srvc311-8831-500.34-05275.0004302018Park/landscape trash srvc313-8831-500.34-05100.0004302018Park/landscape trash srvc320-8831-500.34-05150.0004302018Park/landscape trash srvc321-8831-500.34-0550.0004302018Park/landscape trash srvc322-8831-500.34-05150.0004302018Park/landscape trash srvc325-8831-500.34-05100.0004302018Park/landscape trash srvc326-8831-500.34-05100.0004302018Park/landscape trash srvc327-8831-500.34-0575.0004302018Park/landscape trash srvc329-8831-500.34-0575.0004302018Park/landscape trash srvc331-8831-500.34-0575.003.A.3.aPacket Pg. 30Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 18Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121602...5/18/2018...Dave's hauling...04302018Park/landscape trash srvc332-8831-500.34-05100.0013,980.00...04302018Park/landscape trash srvc338-8831-500.34-05100.0004302018Park/landscape trash srvc341-8831-500.34-0550.0004302018Park/landscape trash srvc343-8831-500.34-0550.0004302018Park/landscape trash srvc345-8831-500.34-05200.0004302018Park/landscape trash srvc346-8831-500.34-0575.0004302018Park/landscape trash srvc353-8831-500.34-0520.0004302018Park/landscape trash srvc355-8831-500.34-0520.0004302018Park/landscape trash srvc362-8831-500.34-0525.0004302018Park/landscape trash srvc363-8831-500.34-05125.0004302018Park/landscape trash srvc367-8831-500.34-0575.0004302018Park/landscape trash srvc376-8831-500.34-05540.0004302018Park/landscape trash srvc025-7252-410.34-0525.0004302018Park/landscape trash srvc025-7252-410.34-0550.0004302018Park/landscape trash srvc025-7252-410.34-0525.0004302018Park/landscape trash srvc025-7252-410.34-0525.0004302018Park/landscape trash srvc025-7100-410.34-0525.0004302018Park/landscape trash srvc025-7100-410.34-05125.0004302018Park/landscape trash srvc025-7100-410.34-05720.0004302018Park/landscape trash srvc025-7252-410.34-051,260.0004302018Park/landscape trash srvc025-7100-410.34-0575.0004302018Park/landscape trash srvc025-7100-410.34-0550.0004302018Park/landscape trash srvc025-7250-410.34-05175.0004302018Park/landscape trash srvc010-7100-410.34-0525.0004302018Park/landscape trash srvc010-3100-431.34-0525.0004302018Bus stops trash service010-4150-410.34-05320.00050318-VERNONCleaned easement area010-7100-410.34-05900.00050418-PALM/COTMonthly maintenance025-7250-410.34-05350.00050718-RAM/SAVOMonthly maintenance025-7250-410.34-05200.001216035/18/2018David leonard associates20180501Services april 2018065-0000-211.21-01202.504,835.7020180502Services april 2018065-0000-211.21-01633.9020180503Services april 2018065-0000-211.21-01748.503.A.3.aPacket Pg. 31Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 19Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121603...5/18/2018...David leonard associates...20180504Services april 2018065-0000-211.21-011,269.604,835.70...20180505Services april 2018065-0000-211.21-01135.0020180506Services april 2018065-0000-211.21-0179.5020180507Services april 2018065-0000-211.21-01411.0020180508Services april 2018065-0000-211.21-01423.6020180509Services april 2018065-0000-211.21-01153.6020180510Services april 2018011-1700-417.30-9067.5020180511Services april 2018065-0000-211.21-01135.0020180512Services april 2018065-0000-211.21-01355.5020180513Services april 2018065-0000-211.21-01220.501216045/18/2018Diane vargasREQUEST 050918Refund water deposit050-0000-229.08-7064.9464.941216055/18/2018Elena pfeiferREQUEST 050918Refund water deposit050-0000-229.08-7011.7718.67REQUEST 050918Refund credit balance050-0000-308.09-106.901216065/18/2018Elite customs constructionEC-LDSC52Maintenance april 2018308-8831-500.34-051,790.0018,590.00EC-LDSC52Maintenance april 2018308-8831-500.34-05100.00EC-LDSC52Maintenance april 2018313-8831-500.34-051,690.00EC-LDSC52Maintenance april 2018321-8831-500.34-051,000.00EC-LDSC52Maintenance april 2018323-8831-500.34-05200.00EC-LDSC52Maintenance april 2018323-8831-500.34-0550.00EC-LDSC52Maintenance april 2018326-8831-500.34-052,050.00EC-LDSC52Maintenance april 2018326-8831-500.34-05100.00EC-LDSC52Maintenance april 2018332-8831-500.34-051,300.00EC-LDSC52Maintenance april 2018332-8831-500.34-05100.00EC-LDSC52Maintenance april 2018343-8831-500.34-053,100.00EC-LDSC52Maintenance april 2018345-8831-500.34-052,000.00EC-LDSC52Maintenance april 2018345-8831-500.34-05100.00EC-LDSC52Maintenance april 2018346-8831-500.34-05730.00EC-LDSC52Maintenance april 2018346-8831-500.34-05100.00EC-LDSC52Maintenance april 2018362-8831-500.34-05320.00EC-LDSC52Maintenance april 2018362-8831-500.34-0550.00EC-Z8IR52Irrigation checks,repairs308-8831-500.34-05495.00EC-Z13IR52Irrigation checks,repairs313-8831-500.34-05371.003.A.3.aPacket Pg. 32Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 20Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121606...5/18/2018...Elite customs construction...EC-Z21IR52Irrigation checks,repairs321-8831-500.34-05242.0018,590.00...EC-Z23IR52Irrigation checks,repairs323-8831-500.34-0558.00EC-Z26IR52Irrigation checks,repairs326-8831-500.34-05853.00EC-Z32IR52Irrigation checks,repairs332-8831-500.34-05258.00EC-Z43IR52Irrigation checks,repairs343-8831-500.34-05487.00EC-Z45IR52Irrigation checks,repairs345-8831-500.34-05608.00EC-Z46IR52Irrigation checks,repairs346-8831-500.34-05253.00EC-Z62IR52Irrigation checks,repair362-8831-500.34-05185.001216075/18/2018Engie services (formerly opterra)2592Release retention199-0000-210.20-2527,798.3527,798.351216085/18/2018Eyemed vision care163476436Premium may 2018085-0000-202.21-35773.70781.57163476436Cobra premium may 2018065-0000-201.08-647.871216095/18/2018Ez sunnyday landscape2798Maintenance april 2018025-7100-410.34-05440.0023,915.502798Maintenance april 2018025-7100-410.34-05630.002798Maintenance april 2018025-7100-410.34-05606.002798Maintenance april 2018025-7250-410.34-0541.002798Maintenance april 2018025-7250-410.34-0563.002798Maintenance april 2018010-7100-410.34-0564.002798Maintenance april 2018025-7250-410.34-0547.002798Maintenance april 2018025-7250-410.34-0549.002798Maintenance april 2018025-7250-410.34-0599.002798Maintenance april 2018025-7250-410.34-0569.002798Maintenance april 2018025-7250-410.34-0575.002798Maintenance april 2018025-7251-410.34-051,000.002798Maintenance april 2018025-7252-410.34-05700.002798Maintenance april 2018025-7252-410.34-05300.002798Maintenance april 2018025-7252-410.34-05475.002798Maintenance april 2018025-7252-410.34-05475.002798Maintenance april 2018025-7252-410.34-05475.002798Maintenance april 2018025-7252-410.34-05475.002798Maintenance april 2018025-7252-410.34-05575.002798Maintenance april 2018025-7252-410.34-05475.002798Maintenance april 2018025-7250-410.34-05100.003.A.3.aPacket Pg. 33Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 21Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121609...5/18/2018...Ez sunnyday landscape...2798Maintenance april 2018025-7250-410.34-0571.5023,915.50...2798Maintenance april 2018302-8831-500.34-05150.002798Maintenance april 2018304-8831-500.34-0522.002798Maintenance april 2018025-7252-410.34-052,115.752798Maintenance april 2018301-8831-500.34-051,900.002798Maintenance april 2018301-8831-500.34-05131.752798Maintenance april 2018316-8831-500.34-0531.002798Maintenance april 2018317-8831-500.34-0541.002798Maintenance april 2018319-8831-500.34-05112.002798Maintenance april 2018320-8831-500.34-05900.002798Maintenance april 2018322-8831-500.34-05800.002798Maintenance april 2018367-8831-500.34-05250.002798Maintenance april 2018025-7250-410.34-05140.002798Maintenance april 2018368-8831-500.34-0532.502798Maintenance april 2018025-7250-410.34-05240.002798Maintenance april 2018331-8831-500.34-05215.002798Maintenance april 2018310-8831-500.34-05150.002798Maintenance april 2018309-8831-500.34-05950.002798Maintenance april 2018309-8831-500.34-05100.002798Maintenance april 2018025-7252-410.34-05500.002798Maintenance april 2018025-7252-410.34-05400.002798Maintenance april 2018025-7250-410.34-05480.002798Maintenance april 2018331-8831-500.34-0560.002798Maintenance april 2018322-8831-500.34-05135.002798Maintenance april 2018320-8831-500.34-05175.002798Maintenance april 2018319-8831-500.34-05200.002798Maintenance april 2018304-8831-500.34-0535.002799Maintenance april 2018010-7100-410.34-05220.002799Maintenance april 2018025-7100-410.34-05320.002799Maintenance april 2018025-7250-410.34-05100.002799Maintenance april 2018025-7250-410.34-05200.002799Maintenance april 2018376-8831-500.34-051,575.003.A.3.aPacket Pg. 34Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 22Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121609...5/18/2018...Ez sunnyday landscape...2799Maintenance april 2018025-7250-410.34-05200.0023,915.50...2799Maintenance april 2018359-8831-500.34-05650.002799Maintenance april 2018025-7250-410.34-05225.002799Maintenance april 2018339-8831-500.34-0550.002799Maintenance april 2018025-7250-410.34-0565.002799Maintenance april 2018025-7252-410.34-05395.002799Maintenance april 2018025-7252-410.34-05295.002799Maintenance april 2018025-7252-410.34-05395.002799Maintenance april 2018025-7252-410.34-05395.002799Maintenance april 2018025-7100-410.34-05195.002799Maintenance april 2018025-7100-410.34-05175.002801Irrigation repairs,checks025-7250-410.34-05150.002802Irrigation checks025-7100-410.34-0580.002803Irrigation checks025-7250-410.34-0515.002804Irrigation checks359-8831-500.34-05125.002805Irrigation checks,repairs301-8831-500.34-05250.002806Irrigation checks309-8831-500.34-0560.002808Irrigation checks025-7251-410.34-05105.002813Irrigation repairs025-7100-410.34-05105.001216105/18/2018Fresh start homes llcREQUEST 050918Refund water deposit050-0000-229.08-70321.40321.401216115/18/2018Frontier communicationsREQUEST 051418Telephone service010-6100-425.35-1647.85131.49REQUEST 051418Telephone service050-9000-450.35-1683.641216125/18/2018Govconnection, inc55761991Surface book2, pro 4 dock017-2290-418.40-453,315.593,315.591216135/18/2018Great pacific equipment, inc30471Annual inspection/report010-4150-410.33-50640.00640.001216145/18/2018Hamby's backflow service042018- GOSPELRepair backflow device367-8831-500.34-05155.00155.001216155/18/2018Hartford life insurance companiesREQUEST 0514185/10/2018, group #109947085-0000-202.21-291,000.001,000.001216165/18/2018Hemet valley pipe & supply1845752 ips f/port b/valve010-7100-410.21-1265.9065.901216175/18/2018Hemet valley tool, inc.1263002 stroke oil010-4150-410.21-1238.141,503.43126476Marking paint010-4150-410.21-1212.82126707Tool kit010-4140-410.21-80376.05126884Honda genset010-7101-410.21-801,076.423.A.3.aPacket Pg. 35Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 23Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1216185/18/2018Home depot credit services7053959Cart, ladder, handheld010-7101-410.21-121,359.481,359.481216195/18/2018Huffman electric900Electrical labor306-8831-500.34-051,297.721,430.72901Electrical labor327-8831-500.34-05133.001216205/18/2018Icma retirement trustREQUEST 0514185/10/2018, group #300434085-0000-202.21-29300.00300.001216215/18/2018Infosend inc.135905Data processing/mail srvc050-1400-414.34-051,282.292,644.81135905Data processing/mail srvc055-1400-414.34-051,282.28136599Insert fee - ccr050-1400-414.34-0540.12136599Insert fee - ccr055-1400-414.34-0540.121216225/18/2018Inland foundation eng. inc.18015Services march 2018065-0000-201.08-531,225.001,225.001216235/18/2018Iron mountain inc.AATP902Storage may 2018010-2500-425.30-90102.00102.001216245/18/2018Jennifer wentzREQUEST 050918Refund water deposit050-0000-229.08-70105.57105.571216255/18/2018Jim's backflow service042518-ARTESIABackflow test050-9000-450.34-0550.00700.00042518-BIRCH LNBackflow test025-7250-410.34-0550.00042518A-MANSIONBackflow test025-7100-410.34-0550.00042518B-MANSIONBackflow test025-7100-410.34-0550.00042518C-MANSIONBackflow test025-7100-410.34-0550.00042518-KIRBYBackflow test332-8831-500.34-0550.00042518-MOUNTAINBackflow test025-7250-410.34-0550.00042518A-RAMONABackflow test010-7100-410.34-0550.00042518B-RAMONABackflow test010-7100-410.34-0550.00042518C-RAMONABackflow test010-7100-410.34-0550.00042518-RUEPINOTBackflow test331-8831-500.34-0550.00042518-SAVORYBackflow test305-8831-500.34-0550.00042518-SHAVERBackflow test025-7250-410.34-0550.00042518-WELSH DRBackflow test332-8831-500.34-0550.001216265/18/2018Jimni systems, inc.30721Pump station inspection055-4170-450.33-30402.332,379.6630722Pump inspection & repair055-4170-450.33-301,977.331216275/18/2018Kaiser foundation health plan, inc678729604-JUNEPremium june 2018085-0000-202.21-394,954.125,351.66678729604-JUNERetro / t. randel085-0000-202.21-39397.541216285/18/2018Lake hemet municipal water district05032018Water service / agape322-8831-500.35-10898.161,170.7805032018Water srvc / bastille way302-8831-500.35-1068.003.A.3.aPacket Pg. 36Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 24Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121628...5/18/2018...Lake hemet municipal water district...05032018Water srvc / gospel dr367-8831-500.35-1081.141,170.78...05032018Water srvc / washington367-8831-500.35-10123.481216295/18/2018Luis paredesREQUEST 050918Refund water deposit050-0000-229.08-7087.0087.001216305/18/2018Lynn merrill and associates, inc.NUMBER FY 18-17Services thru may 6, 2018010-4140-410.34-061,805.001,805.001216315/18/2018MailfinanceN7118822Lease 5/29-6/30/2018010-2500-425.34-05323.66970.98N7118822Lease 7/1- 8/28/2018010-0000-103.12-34647.321216325/18/2018Mark durandREQUEST 050918Refund credit balance050-0000-308.09-1050.0050.001216335/18/2018Master care commercial janitorial6768Janitorial srvcs april'18010-2500-425.34-051,100.001,100.001216345/18/2018Mobile modular management corp.R20454320Modular office 12 x 32010-4200-410.40-4514,825.6419,767.51R20454320Modular office 12 x 32048-4200-410.40-454,941.871216355/18/2018Mobile modular management corp.R2045432150% paymt modular office010-4200-410.40-458,358.2411,144.31R2045432150% paymt modular office048-4200-410.40-452,786.071216365/18/2018Monarch landscape llc, inc.1762Irrigation repairs307-8831-500.34-05195.001,063.001766Irrigation checks365-8831-500.34-0525.001768Irrigation repairs355-8831-500.34-05153.001776Irrigation repairs,checks327-8831-500.34-05690.001216375/18/2018National safety compliance, inc.72859Dqf on-line fee010-4200-410.34-0530.00321.3072921D.o.t. certified tests010-4200-410.34-05111.4572921D.o.t. certified tests010-7100-410.34-05179.851216385/18/2018O'reilly auto parts,inc.5531-238903Fuel filter unit 353050-9000-450.33-5014.3774.585531-246548Parts unit 452010-4150-410.33-5060.211216395/18/2018Online information services, inc.468300000202Collection service fees050-0000-308.09-10334.37505.20468300000202Collection service fees059-0000-308.08-6863.33855524Utility exchange reports050-1400-414.34-0553.75855524Utility exchange reports055-1400-414.34-0553.751216405/18/2018Overnight industrial supply,inc.13213Toilet tiss,bleach,gloves025-7252-410.21-12141.48141.481216415/18/2018Preferred benefit insurance admin.EIA24277Premium may 2018085-0000-202.21-323,444.613,481.61EIA24277Cobra premium may 2018065-0000-201.08-6437.001216425/18/2018Press enterprise/calif newspapers0011108860Legal advertsing010-1110-411.36-25389.40829.400011109342Legal advertsing199-9999-425.40-01440.001216435/18/2018Probity automotive specialists,inc.13047Parts, labor unit 621010-7100-410.33-50304.80737.043.A.3.aPacket Pg. 37Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 25Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121643...5/18/2018...Probity automotive specialists,inc....13080Parts, labor unit 352050-9000-450.33-50343.19737.04...13096Parts, labor unit 619010-7100-410.33-5089.051216445/18/2018R.a.rispalje construction000098Plant & maintenance359-8831-500.34-05465.005,781.35106Plant, mulch, repair332-8831-500.34-052,726.85107Weed abatement363-8831-500.34-052,222.00108Drywall repair025-7250-410.34-05367.501216455/18/2018Ramon's plumbing04262018AMaintenance on sewer line010-2500-425.33-10100.00475.0004262018BMaintenance on sewer line010-2500-425.33-10100.0005022018Plumbing repair025-7100-410.34-05175.0005082018Plumbing repair010-2500-425.33-10100.001216465/18/2018Ramona humane society, inc.COSJ4302Shltr & aco srvc april'18010-3320-431.34-0518,469.0718,469.071216475/18/2018Regional conservation authorityREQUEST 051018Fees for april 2018065-0000-201.08-8193,616.0693,616.061216485/18/2018Regional government services8222Code correction010-1210-412.30-90-2,922.504,432.508222Code correction010-1210-412.34-052,922.508321Services provided apr'18010-1210-412.34-054,432.501216495/18/2018Rene's commercial management1137Pesticide training010-7100-410.31-20356.61975.001137Pesticide training010-4140-410.31-20121.871137Pesticide training010-4150-410.31-20243.741137Pesticide training050-9000-450.31-20252.781216505/18/2018Rightway site services, inc.229629Rent/labor 5/1-5/28/2018010-4200-410.34-05345.45428.23229837Rent/labor 5/2-5/29/2018010-3100-431.34-5082.781216515/18/2018Riverside county assessor-clerk-03312018Release recordings010-3320-431.30-90880.00880.001216525/18/2018Riverside county department of04172018Environmental health srvc010-3320-431.32-05532.00532.001216535/18/2018Row traffic safety inc1592219 signs024-4150-410.21-36665.90665.901216545/18/2018San bernardino & riverside counties97217Fire extinguisher service034-3200-431.33-30104.51104.511216555/18/2018South coast air quality mgmt dist3271165Aqmd fee 7/2017-june 2018050-9000-450.30-90128.61128.611216565/18/2018Southern california edisonREQUEST 051518Electricity service010-2500-425.35-141,056.6550,999.18REQUEST 051518Electricity service010-3100-431.35-141,573.24REQUEST 051518Electricity service010-4150-410.35-14347.33REQUEST 051518Electricity service010-4200-410.35-14164.09REQUEST 051518Electricity service010-6100-425.35-14697.533.A.3.aPacket Pg. 38Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 26Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121656...5/18/2018...Southern california edison...REQUEST 051518Electricity service010-6500-425.35-1436.9250,999.18...REQUEST 051518Electricity service010-7100-410.35-14352.38REQUEST 051518Electricity service025-7100-410.35-14311.92REQUEST 051518Electricity service025-7250-410.35-14655.55REQUEST 051518Electricity service025-7251-410.35-1425.28REQUEST 051518Electricity service025-7252-410.35-14633.09REQUEST 051518Electricity service025-7260-410.35-1412,279.77REQUEST 051518Electricity service034-3200-431.35-1432.00REQUEST 051518Electricity service048-1400-414.34-052,039.38REQUEST 051518Electricity service050-9000-450.35-1411,523.90REQUEST 051518Electricity service055-4170-450.35-1470.84REQUEST 051518Electricity service065-0000-201.06-0616.00REQUEST 051518Electricity service201-8850-500.35-1475.74REQUEST 051518Electricity service301-8831-500.35-1425.79REQUEST 051518Electricity service302-8831-500.35-1423.77REQUEST 051518Electricity service303-8831-500.35-1447.77REQUEST 051518Electricity service304-8831-500.35-1448.11REQUEST 051518Electricity service305-8831-500.35-1447.70REQUEST 051518Electricity service306-8831-500.35-1448.45REQUEST 051518Electricity service307-8831-500.35-1466.28REQUEST 051518Electricity service308-8831-500.35-1427.02REQUEST 051518Electricity service309-8831-500.35-1449.18REQUEST 051518Electricity service313-8831-500.35-1448.29REQUEST 051518Electricity service316-8831-500.35-1423.68REQUEST 051518Electricity service317-8831-500.35-1423.77REQUEST 051518Electricity service320-8831-500.35-1449.01REQUEST 051518Electricity service321-8831-500.35-1428.49REQUEST 051518Electricity service325-8831-500.35-1423.77REQUEST 051518Electricity service326-8831-500.35-14144.04REQUEST 051518Electricity service329-8831-500.35-1425.57REQUEST 051518Electricity service332-8831-500.35-1472.20REQUEST 051518Electricity service338-8831-500.35-1455.103.A.3.aPacket Pg. 39Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 27Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121656...5/18/2018...Southern california edison...REQUEST 051518Electricity service345-8831-500.35-14163.1650,999.18...REQUEST 051518Electricity service346-8831-500.35-1424.31REQUEST 051518Electricity service355-8831-500.35-1433.15REQUEST 051518Electricity service365-8831-500.35-1424.67REQUEST 051518Electricity service367-8831-500.35-1448.64REQUEST 051518Electricity service368-8831-500.35-1425.41REQUEST 051518Electricity service309-8831-500.35-1426.01REQUEST 051518Electricity service345-8831-500.35-14310.31REQUEST 051518Electricity service301-8831-500.35-14751.47REQUEST 051518Electricity service304-8831-500.35-14117.47REQUEST 051518Electricity service317-8831-500.35-1482.23REQUEST 051518Electricity service348-8831-500.35-1447.98REQUEST 051518Electricity service359-8831-500.35-1414.54REQUEST 051518Electricity service332-8831-500.35-1443.33REQUEST 051518Electricity service346-8831-500.35-14103.05REQUEST 051518Electricity service310-8831-500.35-1443.47REQUEST 051518Electricity service010-4150-410.35-143,116.15REQUEST 051518Electricity service010-4150-410.35-14-0.12REQUEST 051518Electricity service010-4150-410.35-14158.09REQUEST 051518Electricity service025-7260-410.35-1490.03REQUEST 051518Electricity service025-7260-410.35-14101.10REQUEST 051518Electricity service301-8831-500.35-1426.77REQUEST 051518Electricity service303-8831-500.35-14242.49REQUEST 051518Electricity service306-8831-500.35-14226.38REQUEST 051518Electricity service307-8831-500.35-14740.62REQUEST 051518Electricity service308-8831-500.35-14686.23REQUEST 051518Electricity service309-8831-500.35-14580.95REQUEST 051518Electricity service310-8831-500.35-14339.29REQUEST 051518Electricity service311-8831-500.35-14209.69REQUEST 051518Electricity service312-8831-500.35-1435.99REQUEST 051518Electricity service313-8831-500.35-14444.60REQUEST 051518Electricity service314-8831-500.35-1411.763.A.3.aPacket Pg. 40Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 28Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121656...5/18/2018...Southern california edison...REQUEST 051518Electricity service315-8831-500.35-1419.2350,999.18...REQUEST 051518Electricity service316-8831-500.35-1447.22REQUEST 051518Electricity service319-8831-500.35-14112.58REQUEST 051518Electricity service319-8832-500.35-1421.86REQUEST 051518Electricity service320-8831-500.35-14511.70REQUEST 051518Electricity service321-8831-500.35-14230.63REQUEST 051518Electricity service322-8831-500.35-14424.56REQUEST 051518Electricity service323-8831-500.35-14278.69REQUEST 051518Electricity service324-8831-500.35-1435.99REQUEST 051518Electricity service326-8831-500.35-141,026.86REQUEST 051518Electricity service327-8831-500.35-14554.11REQUEST 051518Electricity service329-8831-500.35-14571.88REQUEST 051518Electricity service330-8831-500.35-14179.89REQUEST 051518Electricity service332-8831-500.35-14590.44REQUEST 051518Electricity service333-8831-500.35-14138.43REQUEST 051518Electricity service335-8831-500.35-1475.13REQUEST 051518Electricity service336-8831-500.35-1417.37REQUEST 051518Electricity service337-8831-500.35-14170.59REQUEST 051518Electricity service338-8831-500.35-14596.03REQUEST 051518Electricity service339-8831-500.35-14121.84REQUEST 051518Electricity service340-8831-500.35-1465.03REQUEST 051518Electricity service341-8831-500.35-14314.77REQUEST 051518Electricity service342-8831-500.35-1410.26REQUEST 051518Electricity service343-8831-500.35-14661.87REQUEST 051518Electricity service345-8831-500.35-14910.71REQUEST 051518Electricity service346-8831-500.35-14481.57REQUEST 051518Electricity service347-8831-500.35-142.66REQUEST 051518Electricity service349-8831-500.35-142.66REQUEST 051518Electricity service351-8831-500.35-1479.76REQUEST 051518Electricity service352-8831-500.35-145.88REQUEST 051518Electricity service354-8831-500.35-1411.23REQUEST 051518Electricity service357-8831-500.35-142.093.A.3.aPacket Pg. 41Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 29Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121656...5/18/2018...Southern california edison...REQUEST 051518Electricity service359-8831-500.35-1414.5750,999.18...REQUEST 051518Electricity service360-8831-500.35-14106.69REQUEST 051518Electricity service362-8831-500.35-14289.18REQUEST 051518Electricity service365-8831-500.35-1495.77REQUEST 051518Electricity service366-8831-500.35-1428.78REQUEST 051518Electricity service367-8831-500.35-1491.24REQUEST 051518Electricity service368-8831-500.35-1429.35REQUEST 051518Electricity service369-8831-500.35-1414.00REQUEST 051518Electricity service371-8831-500.35-143.23REQUEST 051518Electricity service373-8831-500.35-1415.23REQUEST 051518Electricity service374-8831-500.35-142.11REQUEST 051518Electricity service375-8831-500.35-1425.19REQUEST 051518Electricity service376-8831-500.35-1411.71REQUEST 051518Electricity service383-8831-500.35-148.00REQUEST 051518Electricity service385-8831-500.35-1429.55REQUEST 051518Electricity service386-8831-500.35-1474.91REQUEST 051518Electricity service388-8831-500.35-1416.00REQUEST 051518Electricity service390-8831-500.35-1448.96REQUEST 051518Electricity service391-8831-500.35-1425.69REQUEST 051518Electricity service301-8831-500.35-1410.79REQUEST 051518Electricity service304-8831-500.35-142.90REQUEST 051518Electricity service308-8831-500.35-143.79REQUEST 051518Electricity service310-8831-500.35-141.24REQUEST 051518Electricity service315-8831-500.35-143.65REQUEST 051518Electricity service318-8831-500.35-144.78REQUEST 051518Electricity service319-8832-500.35-147.25REQUEST 051518Electricity service324-8831-500.35-144.78REQUEST 051518Electricity service330-8831-500.35-144.16REQUEST 051518Electricity service333-8831-500.35-140.72REQUEST 051518Electricity service334-8831-500.35-140.45REQUEST 051518Electricity service335-8831-500.35-140.51REQUEST 051518Electricity service336-8831-500.35-140.593.A.3.aPacket Pg. 42Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 30Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121656...5/18/2018...Southern california edison...REQUEST 051518Electricity service337-8831-500.35-140.3350,999.18...REQUEST 051518Electricity service339-8831-500.35-140.64REQUEST 051518Electricity service340-8831-500.35-143.79REQUEST 051518Electricity service342-8831-500.35-140.25REQUEST 051518Electricity service346-8831-500.35-143.79REQUEST 051518Electricity service351-8831-500.35-1414.80REQUEST 051518Electricity service354-8831-500.35-143.65REQUEST 051518Electricity service357-8831-500.35-143.79REQUEST 051518Electricity service359-8831-500.35-1443.31REQUEST 051518Electricity service366-8831-500.35-144.16REQUEST 051518Electricity service371-8831-500.35-143.65REQUEST 051518Electricity service372-8831-500.35-144.78REQUEST 051518Electricity service373-8831-500.35-143.65REQUEST 051518Electricity service374-8831-500.35-148.36REQUEST 051518Electricity service383-8831-500.35-144.78REQUEST 051518Electricity service385-8831-500.35-147.04REQUEST 051518Electricity service334-8831-500.35-140.301216575/18/2018Staples business advantage, inc.3376425423Office supplies010-1110-411.21-1035.12406.803376425424Office supplies010-1210-412.21-1065.933376425424Office supplies010-2500-425.21-1044.563376425424Office supplies010-1400-414.21-1016.143376425424Office supplies011-3300-431.21-101.093376425424Office supplies050-1400-414.21-1046.723376425426Office supplies017-2290-418.21-80197.241216585/18/2018Star auto parts210649Miniature lamp050-9000-450.33-503.763.761216595/18/2018State water resources control boardREQUEST 050918Gr d3 cert renew/a.mullen050-0000-103.12-3490.0090.001216605/18/2018Steno solutions, inc.430934 reports april 2018010-3100-431.34-0584.7084.701216615/18/2018Stetson engineers inc.1935-1309Water master plan050-9000-450.34-052,646.592,646.591216625/18/2018Sunrise at parkhillREQUEST 051418Reimburse so.calif edison322-8831-500.35-14131.73438.35REQUEST 051418Reimb lake hemet water322-8831-500.35-10306.621216635/18/2018Superior ready mix concrete, l.p.950357Rubber boot pull up010-4140-410.21-3527.1969.60953056Barricade tape010-4150-410.21-1242.413.A.3.aPacket Pg. 43Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 31Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1216645/18/2018T.maus grading & paving, inc.18057-01Asphalt paving & striping010-4150-410.34-0524,839.5027,688.0018057-02Asphalt pave & crackfill010-4150-410.34-052,848.501216655/18/2018Tamara kravaREQUEST 050918Refund water deposit050-0000-229.08-7064.8564.851216665/18/2018Tony's tires042420182 new tires & mount010-7100-410.33-50350.00383.0004262018Reseal beads, valve stem024-3100-431.33-3010.0005032018Tire plug050-9000-450.33-508.0005032018Tire patch unit 619010-7100-410.33-5015.001216675/18/2018Totalplan business interiors, inc.0804202 6'x 6' work stations010-2500-425.40-455,856.215,856.211216685/18/2018U.s. healthworks medical group, pc3319795-CAPe dot - a. zubia010-1210-412.30-9099.0099.001216695/18/2018Underground service alert420180661April tickets050-9000-450.34-05120.55120.551216705/18/2018United healthcare insurance co.,inc0033576310Premium june 2018085-0000-202.21-3946,089.4746,089.471216715/18/2018Voyager fleet systems, inc.869158709817Fleet fuel055-4170-450.21-70739.601,151.39869158709817Fleet fuel010-4150-410.21-70152.19869158709817Fleet fuel010-7100-410.21-7018.95869158709817Fleet fuel024-3100-431.21-70240.651216725/18/2018Western riverside councilREQUEST 050718Fees for april 2018065-0000-201.08-80306,736.00306,736.001216735/18/2018Wolsieffer, deniseREQUEST 050318Reimburse h/d/v expense010-2500-425.11-9020.0020.001216745/25/2018All cities engineering, inc.1809AR&r park walkways025-7252-410.34-057,438.5034,256.251809BR&r park walkways025-7252-410.34-0512,201.751809CR&r park walkways025-7252-410.34-0514,616.001216755/25/2018Associated buildingREQUEST 042618Refund #4361 credit bal010-0000-301.01-6040.0040.001216765/25/2018C-18, incREQUEST 042618Refund #3267 credit bal010-0000-301.01-6045.0045.001216775/25/2018Catalina design groupREQUEST 042618Refund #3272 credit bal010-0000-301.01-6020.0020.001216785/25/2018Catron, janREQUEST 052118Reimburse purchases010-1100-411.31-2080.3080.301216795/25/2018Central city enterprisesREQUEST 042618Refund #4525 credit bal010-0000-301.01-6022.5022.501216805/25/2018Concrete foundation, incREQUEST 042618Refund #4301 credit bal010-0000-301.01-6055.0055.001216815/25/2018Cornerstone financial services llcREQUEST 042618Refund #4445 credit bal010-0000-301.01-609.009.001216825/25/2018Depinho roofing, incREQUEST 042618Refund #4404 credit bal010-0000-301.01-6045.0045.001216835/25/2018Eastern municipal water districtREQUEST 052218Water service010-7100-410.35-1035.4428,393.29REQUEST 052218Water service025-7100-410.35-10349.07REQUEST 052218Water service025-7250-410.35-10878.583.A.3.aPacket Pg. 44Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 32Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121683...5/25/2018...Eastern municipal water district...REQUEST 052218Water service025-7252-410.35-1057.9628,393.29...REQUEST 052218Water service055-4170-450.35-1047.85REQUEST 052218Water service034-3200-431.35-10244.54REQUEST 052218Water service301-8831-500.35-103,323.20REQUEST 052218Water service303-8831-500.35-10165.29REQUEST 052218Water service304-8831-500.35-1052.15REQUEST 052218Water service305-8831-500.35-101,290.12REQUEST 052218Water service306-8831-500.35-10192.14REQUEST 052218Water service307-8831-500.35-103,873.30REQUEST 052218Water service308-8831-500.35-101,199.62REQUEST 052218Water service310-8831-500.35-10135.23REQUEST 052218Water service311-8831-500.35-102,558.32REQUEST 052218Water service313-8831-500.35-10332.22REQUEST 052218Water service317-8831-500.35-1019.42REQUEST 052218Water service321-8831-500.35-10461.59REQUEST 052218Water service323-8831-500.35-10225.84REQUEST 052218Water service325-8831-500.35-1015.50REQUEST 052218Water service326-8831-500.35-10354.97REQUEST 052218Water service327-8831-500.35-102,517.74REQUEST 052218Water service331-8831-500.35-10145.00REQUEST 052218Water service332-8831-500.35-10867.07REQUEST 052218Water service338-8831-500.35-103,230.48REQUEST 052218Water service339-8831-500.35-1030.89REQUEST 052218Water service343-8831-500.35-101,741.76REQUEST 052218Water service345-8831-500.35-10330.14REQUEST 052218Water service346-8831-500.35-10556.74REQUEST 052218Water service359-8831-500.35-10796.32REQUEST 052218Water service362-8831-500.35-10213.09REQUEST 052218Water service363-8831-500.35-10110.33REQUEST 052218Water service364-8831-500.35-1018.92REQUEST 052218Water service365-8831-500.35-10125.14REQUEST 052218Water service376-8831-500.35-101,897.323.A.3.aPacket Pg. 45Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 33Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1216845/25/2018Fresh donut & chinese foodREQUEST 042618Refund #3719 credit bal010-0000-301.01-6012.7312.731216855/25/2018Frontier communicationsREQUEST 052218Telephone service010-2500-425.35-16105.43210.97REQUEST 052218Telephone service050-9000-450.35-16105.541216865/25/2018G & r walker corpREQUEST 042618Refund #3293 credit bal010-0000-301.01-6010.0010.001216875/25/2018Gametime/playcore, inc.PJI-0083570Bubble enclosed panel301-8831-500.34-05687.46687.461216885/25/2018Gann doorsREQUEST 042618Refund #4577 credit bal010-0000-301.01-6010.0010.001216895/25/2018Horizon water9-4-1200-051718Drinking water service010-2500-425.21-1027.00157.509-4-3300-051718Drinking water service010-2500-425.21-1022.509-4-3100-051718Drinking water service010-3100-431.21-10108.001216905/25/2018Hutto enterprises, incREQUEST 042618Refund #3320 credit bal010-0000-301.01-6037.5037.501216915/25/2018Jordan concrete construction coREQUEST 042618Refund #3354 credit bal010-0000-301.01-6010.0010.001216925/25/2018Mascorro concrete construction incREQUEST 042618Refund #4342 credit bal010-0000-301.01-6022.5022.501216935/25/2018Nellie clarkREQUEST 051518Refund credit balance050-0000-308.09-10141.13141.131216945/25/2018On siteREQUEST 042618Refund #3328 credit bal010-0000-301.01-6020.0020.001216955/25/2018Paradise electric incREQUEST 042618Refund #3264 credit bal010-0000-301.01-6035.0035.001216965/25/2018Parras truckingREQUEST 042618Refund #3329 credit bal010-0000-301.01-6035.0035.001216975/25/2018Pave westREQUEST 042618Refund #4464 credit bal010-0000-301.01-6027.5027.501216985/25/2018Perfection paintingREQUEST 042618Refund #4424 credit bal010-0000-301.01-6037.5037.501216995/25/2018Ramona expressoREQUEST 042618Refund #3318 credit bal010-0000-301.01-6010.0010.001217005/25/2018Riverside, county ofREQUEST 052118Parking fees collected010-0000-304.03-352,497.502,497.501217015/25/2018Rock electricREQUEST 042618Refund #3309 credit bal010-0000-301.01-6067.5067.501217025/25/2018Rodas gardeningREQUEST 042618Refund #4421 credit bal010-0000-301.01-603.003.001217035/25/2018Socal gasREQUEST 052118Gas service010-2500-425.35-129.30114.11REQUEST 052118Gas service010-6500-425.35-129.45REQUEST 052118Gas service010-3100-431.35-1245.71REQUEST 052118Gas service010-4200-410.35-126.74REQUEST 052118Gas service034-3200-431.35-1242.911217045/25/2018Southern california edisonREQUEST 052218Electricity service010-4150-410.35-1494.44656.86REQUEST 052218Electricity service025-7260-410.35-1438.98REQUEST 052218Electricity service301-8831-500.35-1448.39REQUEST 052218Electricity service359-8831-500.35-1424.203.A.3.aPacket Pg. 46Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) Warrant RegisterCity of San Jacinto5/31/2018Page 34Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total121704...5/25/2018...Southern california edison...REQUEST 052218Electricity service010-4150-410.35-14371.87656.86...REQUEST 052218Electricity service010-4150-410.35-14-0.02REQUEST 052218Electricity service319-8832-500.35-144.17REQUEST 052218Electricity service327-8831-500.35-144.46REQUEST 052218Electricity service347-8831-500.35-144.06REQUEST 052218Electricity service350-8831-500.35-144.46REQUEST 052218Electricity service360-8831-500.35-148.13REQUEST 052218Electricity service376-8831-500.35-144.46REQUEST 052218Electricity service319-8832-500.35-146.26REQUEST 052218Electricity service327-8831-500.35-146.94REQUEST 052218Electricity service347-8831-500.35-148.09REQUEST 052218Electricity service350-8831-500.35-146.94REQUEST 052218Electricity service360-8831-500.35-1414.09REQUEST 052218Electricity service376-8831-500.35-146.941217055/25/2018Stanley susieREQUEST 042618Refund #3349 credit bal010-0000-301.01-605.005.001217065/25/2018Taco bellREQUEST 042618Refund #1831 credit bal010-0000-301.01-6069.0069.001217075/25/2018V & e tree service, incREQUEST 042618Refund #2682 credit bal010-0000-301.01-6010.0010.001217085/25/2018Victor valley synthetic marble, incREQUEST 042618Refund #3182 credit bal010-0000-301.01-6021.0021.001217095/25/2018Ramirez, ritaREQUEST 052318Meal per diem010-1400-414.31-2060.0060.001217105/25/2018Wolsieffer, deniseREQUEST 052318Meal per diem010-1210-412.31-2060.0060.00Total Checks 2,066,787.733.A.3.aPacket Pg. 47Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) CITY OF SAN JACINTO ELECTRONIC FUNDS TRANSFER REPORT May 1-31, 2018 DATE PAYEE AMOUNT REASON 5/2/2018 Total Funds/Hasler 2,000.00 Postage 5/2/2018 CalPERS 21,132.38 Retirement 5/15/2018 CalPERS 21,165.17 Retirement 5/18/2018 Paymentus 2,901.50 Payment Process Transaction fees for April 2018 5/29/2018 CalPERS 21,163.01 Retirement 5/29/2018 CalPERS 286.80 Health Premium 68,648.86 3.A.3.a Packet Pg. 48 Attachment: Warrant Register May 31, 2018 (Warrants and Disbursements - May 2018) June 19, 2018 TO: City Council REQUESTED BY: Travis Randel, Community Development Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718 RECOMMENDATION: That the City Council ADOPT Resolution 3718 approving the third and final one-year time extension for Tract 33716 to be extended to April 14, 2019. DESCRIPTION: Extension of Time 18-01 is the third and final extension of time for Tentative Tract Map (TTM) 33716, to extend the TTM for a period of one-year to April 14, 2019. No changes to the project or Conditions of Approval are proposed. 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, 2007. The TTM was valid for twenty-four months after approval. In addition, the TTM was eligible for four automatic State extensions and a two one - year City extensions, which brought the map expiration to April 14, 2018. DISCUSSION: Tentative Tract Map 33716 is a proposal to subdivide 11.80 gross acres into 49 single family residential lots located on the east side of Lyon Avenue, north of Seventh Street and bordered b y 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. The 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 a number of 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: State Bill Expiration Date 3.A.4 Packet Pg. 49 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. One extension was approved May 23, 2016, extending the TTM to April 14, 2017. The second Extension of Time 17-3 approved extending the TTM to April 14, 2018. Should the City Council grant this third and final extension it will extend to April 14, 2019. ENVIRONMENTAL ANALYSIS: An environmental Initial Study was completed when the TTM was originally approved and determined that this project will no t have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration was adopted. This extension is routine and no changes to the project or conditions of approval are proposed, so no additional environmental review is required. CONCLUSION: Approval of the Extension of Time will provide the developer/owner an additional year to record the Tentative Tract Map, resulting in future opportunities for residential homes to be built. ATTACHMENTS: 1 - Resolution 3718 2 - Location Map 3 - Zoning Map 4 - General Plan Map 5 - Approved Tentative Tract 33716 3.A.4 Packet Pg. 50 RESOLUTION NO. 3718 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING A FINAL EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 33716, A 49 LOT RESIDENTIAL SUBDIVISION, LOCATED ON THE EAST SIDE OF LYON, NORTH OF SEVENTH STREET AND ADJACENT TO THE FLOOD CONTROL CHANNEL ON THE NORTH AND EAST BOUNDARY WHEREAS, on April 14, 2005, the City Council of the City of San Jacinto (“City Council”) conducted a duly noticed public hearing on the Tentative Tract Map, at which time all persons wishing to testify in connection with the Tentative Tract Map were heard, and the Application was comprehensively reviewed and approved; and W HEREAS, on May 23, 2016, the Planning Commission approved the first extension of time, extending the Tentative Tract Map to April 14, 2017: and WHEREAS, on August 21, 2017, the Planning Commission approved the second extension of time, extending the Tentative Tract Map to April 14, 2018; and WHEREAS, on March 12, 2018, Michael Wright of Mountain States, LLC filed a timely application for an extension of time for Tentative Tract 33716; and WHEREAS, Government Code Section 66452.21 has extended the expiration of said tentative tract map to April 14, 2010; and WHEREAS, Government Code Section 66452.22 has extended th e expiration of said tentative tract map to April 14, 2012; and WHEREAS, Government Code Section 66452.23 has extended the expiration of said tentative tract map to April 14, 2014; and WHEREAS, Government Code Section 66452.24 has extended the expirati on of said tentative tract map to April 14, 2016; and WHEREAS, Municipal Code Section 16.12.150 provides for three one- year extensions of time for tentative subdivision maps ; and WHEREAS, this request was brought before the City Council on June 19, 2018, at which hearing evidence both written and oral evidence was considered; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 3.A.4.a Packet Pg. 51 Attachment: 1 - Resolution 3718 (Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed extension of time for Tentative Tract Map 3 3716, prior to making its decision for a final extension of time for Tentative Tract Map 33716 for a period of twelve (12) months. Based on the entire record before the City Council, all written and oral evidence presented to the City Council concludes that: A. Conditions affecting Tentative Tract Map 3 3716 have not substantially changed since the tentative tract map was approved. B. There are no substantial changes proposed to Tentative Tract Map 33716 or the Conditions of Approval. C. No substantial changes have occurred which result in new environmental effects and therefore no revisions are needed to the Mitigated Negative Declaration. SECTION 2. In accordance with the Subdivison Map Act Government Code Section 66410 et seq., based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds as follows: A. The proposed subdi vision is designed, to the extent feasible to provide for passive or natural heating or cooling opportunities because the lot size and the orientation do not preclude roof orientation for solar applications or passive applications such as eave design and landscaping used for shade. B. The proposed subdivision and the provisions for its design and improvement are consistent with the General Plan for the City of San Jacinto because the land use designation is Low-Density Residential, which allows residential densities between 2.1 and 5.0 units per acre. The proposed Tentative Tract is designed at a density of 4.2 dwellings per acre. Provisions for design and improvements promote the goals and objectives of the General Plan. C. The Tentative Tract Map provides for land uses compatible with the surrounding area, as the properties surrounding it are designated residential, with either existing residential developments or vacant land available for residential development, and the provisions for design and improveme nts of the tract promote the goals and objectives of the General Plan as infrastructure facilities (water, sewer, street, flood control and solid waste) around the project site will be maintained and expanded to meet the future growth of the community. 3.A.4.a Packet Pg. 52 Attachment: 1 - Resolution 3718 (Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718) D. The proposed project is consistent with City standards, ordinances, and policies in that the minimum lot size is provided, and the streets have been designed to be consistent with the Circulation Element of the General Plan. E. The Subject Site is physically suitable for the type and density of development proposed in the Tentative Tract Map because the project is developed at a density below what is permitted by the General Plan and is designed to comply with the lot dimension requirements of the zoning or dinance and the required right-of-way width for the streets. F. The subdivision design and improvements proposed in the Tentative Tract Map are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat bec ause no development will occur in any significant habitat of a rare or endangered species of plant, animal, or insect, or any fragile or unique biotic community. G. The subdivision design and type of improvements proposed in the Tentative Tract Map are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning and building codes. H. The subdivision design and type of impro vements proposed in the Tentative Tract Map will not conflict with easements acquired by the public at large for access through or use of the Subject Site because all easements will be vacated. I. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map will not cause a violation of existing requirements prescribed by the local water quality control board because all dwellings will be required to obtain connection permits prior to occupancy. SECTION 3. Pursuant to section 66412.3 of the Government Code, based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the third extension of time for Tentative Tract Map 33716 may help the City of San Jacinto meet its regional housing needs because the development will provide a balanced residential environment with access to employment opportunities, community facilities, and adequate services. SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the proposed Tentative Tract Map complies with CEQA for the following reasons: The proposed project is consistent with the original Mitigated Negative Declaration prepared and will not result in significant adverse environmental effects because no revisions to the project have been made. 3.A.4.a Packet Pg. 53 Attachment: 1 - Resolution 3718 (Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718) SECTION 5. Based on the entire record before the City Council, findings and conclusions in the prior Section and all written and oral evidence presented, has determined that conditions affecting Tentative Tract Map 3 3716 have not substantially changed, since the Tentative Tract Map was originally approved and hereby approves the third and Final twelve (12) month e xtension of time for Tentative Tract Map 33716 to April 14, 2019. SECTION 6. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED this 19th day of June 2018. ___________________________________ Mayor ATTEST: __________________________________ Angela Walton, City Clerk 3.A.4.a Packet Pg. 54 Attachment: 1 - Resolution 3718 (Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718) ^ 412 Church 7TH LYONMEADOW VIEWSUNNYRIDGEFOXGLENOVERTONPARK MEADOWS HEATHER HILL SHELBRAN DRAGON FLY GARDEN WILDFLOWER SUNFLOWERBRIAR PATCHSource: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community O TR 33716 Location Map SUBJECT SITE 3.A.4.b Packet Pg. 55 Attachment: 2 - Location Map (Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718) 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 3.A.4.c Packet Pg. 56 Attachment: 3 - Zoning Map (Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718) 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 DENSITYRESIDENTIAL (LDR) OPENSPACERECREATIONAL(OSR) 3.A.4.d Packet Pg. 57 Attachment: 4 - General Plan Map (Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718) 3.A.4.e Packet Pg. 58 Attachment: 5 - Approved Tentative Tract 33716 (Extension of Time 18-01 for Tentative Tract Map 33716 - Resolution 3718) June 19, 2018 TO: City Council REQUESTED BY: Travis Randel, Community Development Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Professional Services Agreement - Contract Planning Services RECOMMENDATION: Staff recommends that the City Council: 1. Approve a Professional Services Agreement with Dave Leonard Associates for as-needed professional contract planning services in an amount not to exceed $75,000 for Fiscal Year 2018/2019; 2. Approve a Professional Services Agreement with McKen na Lanier Group, Inc for as- needed contract planning and public support services in an amount not to exceed $75,000 during Fiscal Year 2018/2019; 3. Approve a Professional Services Agreement with McKenna Lanier Group, Inc for as - needed professional contract planning services in an amount not to exceed $180,000 for Fiscal Year 2018/2019; 4. Approve a Professional Services Agreement with CG Resource Management and Engineering, Inc. for as-needed professional storm water compliance and Water Quality Management document review and inspections in an amount not to exceed $75,000 for Fiscal Year 2018/2019; and 5. Authorize the City Manager to execute the attached Professional Services Agreements in substantially the form attached hereto, subject to review by the City Attorney. BACKGROUND: The City has historically contracted for specialized professional planning and storm water and Water Quality Management review and inspection services. Planning services provided by consultants have included processing specific plans, preparing environmental documents, processing tentative tract maps conditional use permits, variances, special studies, site plan design review, General Plan Amendments, Development Code (zoning) amendments, and for planning services to the general public at the front counter. Storm water and Water Quality Management review and inspection services are provided by consultants have included review of Preliminary Water Quality Management Plans (WQMP), Final WQMP, and compliance 3.A.5 Packet Pg. 59 inspections and reports consistent with the requirement of the Regional Water Quality Control Board and MS4 permits. DISCUSSION: The City has contracted with consulting firms, including Dave Leonard Associates and McKenna Lanier Group, Inc., to provide as-needed professional contract planning services and CG Resource Management and Engineering, Inc. to provide as-needed professional storm water and Water Quality Management review and inspections that are not provided by City employees. Due to the improved economy, there has been a significant increase in development activity and the number of new development applications that have been submitted to the City. The demand for project review has increased the need for additional consultant services to process the various residential, commercial and industrial projects in a timely manner. In addition, the cannabis cultivation regulations adopted during the past year by the City requires unique planning services to process the detailed applications in accordance with local a nd state regulations. Contract services have provided the help necessary to meet this increased demand. The contract services are paid for with pass through funds from developer deposits/application fees, grant funding for special projects and funds approved for Planning Professional Services included as a Line Item in the proposed budget for FY 18/19. The funds submitted for all types of planning and development projects have increased significantly over the past year. Since July 1, 2017, the City has received over $675,000 in planning/development application fees and deposits. The majority of the deposits and fees are used to fund the planning services. The Professional Services Agreement with Dave Leonard Associates is for as -needed contract planning services to process planning projects and applications. The agreement would be for an amount not to exceed $75,000. There are two Professional Service Agreements with McKenna Lanier Group, Inc. One agreement is for as-needed contract services to fac ilitate planning applications and permits, to provide Zoning and General Plan information and to assist the general public. The agreement would be for an amount not to exceed $75,000. The other Professional Services Agreement is for as-needed contract planning services to process planning projects and applications, including cannabis cultivation applications. The agreement would be for an amount not to exceed $180,000. The Professional Services Agreement with CG Resource Management and Engineering, Inc. is for as-needed contract storm water compliance and Water Quality Management document review and inspection consulting services to processed concurrent with various planning projects and applications. The agreement would be for an amount not to exceed $75,000. As part of the FY 18/19 budget, staff is requesting full time professional planning staff to replace many of the functions of the contract staff. If approved, there will be a slow transition from the contract planners to full time staff as the new staff is recruited, hired, and trained. The proposed contracts will provide for a smooth transition of new staff while providing ad -hoc on-call 3.A.5 Packet Pg. 60 Planning Services when workload volumes exceed staff capacity. FISCAL IMPACT: Planning contract services are funded from developer deposits/application fees, grant funding for special projects and funds approved as part of the proposed City Budget for FY 18/19. ATTACHMENTS: Dave Leonard Associates Planning Consulting PSA McKenna Lanier Counter Services PSA McKenna Lanier Planning Consulting PSA CG Resource Management and Engineering SW and WQMP Review PSA 3.A.5 Packet Pg. 61 (BB&K 2018) 24438.00000\31177518.1 -1- CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 19th day of June, 2018, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and David M. Leonard dba David Leonard Associates, a sole proprietorship, with its principal place of business at 1770 Iowa Avenue, Suite 100, Riverside, CA 92507 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional specialized development project consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that he is experienced in providing professional planning, permits, environmental project services, and cannabis legislation consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional specialized development consulting services for professional planning, permits, environmental project services, and cannabis legislation ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional specialized development project consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agree ment, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2018, to the earlier of: (i) the date the Project is completed, or (ii) June 30, 2019, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.A.5.a Packet Pg. 62 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -2- 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personn el performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with th eir performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, un employment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requireme nts. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from t he Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: David M. Leonard. 3.A.5.a Packet Pg. 63 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -3- 3.2.5 City's Representative. The City hereby designates the City Manager or his/her designee, to act as its represent ative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates David M. Leonard, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, se quences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. Contractor shall turn in completed work to the City Manager and shall report progress on work under this Agreement when appropriate. 3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains tha t it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents t hat it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consu ltant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance and Liquidated Damages . Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the 3.A.5.a Packet Pg. 64 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -4- aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, i ncluding all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of an y such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of th is Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Depa rtment of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub -sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcont ractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.A.5.a Packet Pg. 65 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -5- 3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirma tive Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 [Reserved] 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services , the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisf actory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsulta nts. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage f orm number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liabil ity Insurance. The Consultant is not required to provide Workers Compensation insurance if he is a sole proprietor and provides written verification he has no employees. 3.A.5.a Packet Pg. 66 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -6- (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as requ ired by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and main tain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000.00 per claim, and shall be endorsed to include contractual liability. 3.2.11.4 [Reserved] 3.2.11.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the ins urance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operat ions performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officer s, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. 3.A.5.a Packet Pg. 67 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -7- (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior writt en notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.11.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain an y special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.11.7 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All ce rtificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 [Reserved]. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly 3.A.5.a Packet Pg. 68 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -8- invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Proj ect, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “B ” may be adjusted each year at the time of renewal as set forth in Exhibit “B.” 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requiremen ts on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agre es to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply 3.A.5.a Packet Pg. 69 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -9- with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a p eriod of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine approp riate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: David Leonard Associates. 1770 Iowa Avenue, Suite 100 Riverside, CA 92507 Attn: David M. Leonard 3.A.5.a Packet Pg. 70 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -10- City: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 ATTN: Robert A. Johnson, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice o n the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including b ut not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The rep roduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Do cuments & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any pa rt of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and 3.A.5.a Packet Pg. 71 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -11- hold harmless Consultant and its officers, directors, agents and employees from c laims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documen ts & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultan t for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any maga zine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City sh all notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Informati on. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non - appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this 3.A.5.a Packet Pg. 72 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -12- Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.6.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consult ant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fe es and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a cou rt of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed condit ions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be li mited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.A.5.a Packet Pg. 73 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -13- 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transf erees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant i nclude all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or conditio n. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warra nts that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deli ver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counte rparts, each of which shall constitute an original. 3.A.5.a Packet Pg. 74 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -14- 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] 3.A.5.a Packet Pg. 75 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 -15- SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND DAVID LEONARD ASSOCIATES CITY OF SAN JACINTO DAVID LEONARD ASSOCIATES By: ____________________________ By: ______________________________ Robert A. Johnson David M. Leonard City Manager Attest: City Clerk Approved as to Form: ______________________________ Best Best & Krieger LLP City Attorney 3.A.5.a Packet Pg. 76 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177518.1 Exhibit “A”-1 EXHIBIT "A" SCOPE OF SERVICES The City of San Jacinto is seeking consultants to process development entitlement applications, prepare environmental documents, conduct environmental peer review of documents, prepare ordinances and development code amendments, and facil itate and process application for cannabis cultivation. David Leonard Associates has extensive experience to provide the above services. David Leonard Associates proposes to provide specialized services, as needed and on-call basis to the City of San Jacinto that are not available or being provided by City employees, to include, but not limited to, the following special projects: 1. Site Plan and Design Review and Environmental processing for development project entitlements including the following projects: a. KPC b. Lennar Homes c. San Jacinto Valley Academy d. Frontier Homes e. RSI Residential (3 tracts) f. KB Homes g. DR Horton (Potter Ranch) 2. Tentative Tract Maps Entitlement and Environmental Processing 3. Conditional and Minor Use Permit processing a. ATV Properties (Mountain View Plaza) b. T-Mobile 3.A.5.a Packet Pg. 77 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) 24438.00000\31177518.1 EXHIBIT "B" COMPENSATION The total budget for this engagement is a not-to-exceed amount of $75,000. Project cost and payment will be based on a project by project basis. Estimates for deposits will be provided for City and project applicants, based on the scope of the project review, processing procedures, and environmental work to be completed. The budget includes services ou tlined in the Scope of Work. DAVID LEONARD ASSOCIATES Company hourly rates: POSITION RATE PRESIDENT/PRINCIPAL ................................................................................... $ 135.00 EXPENSES Direct cost expenses incurred in performance of professional services (i.e., printing, reproduction, blue printing, overnight deliveries, etc.) are billed at actual cost incurred. Mileage will be reimbursed at the current IRS Standard Mileage Rate for Business. 3.A.5.a Packet Pg. 78 Attachment: Dave Leonard Associates Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -1- CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 19th day of June, 2018, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and McKenna Lanier Group, Inc. a California Corporation with its principal place of business at 30650 Rancho California Road, Suite D406-166 Temecula, CA 92591 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional consulting services such as review of planning applications and permits and to provide Zoning and General Plan information required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consu ltant to render such professional consulting services to review planning applications and permits and provide Zoning and General Plan information ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2018, to the earlier of: (i) the date the Project is completed, or (ii) June 30, 2019, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.A.5.b Packet Pg. 79 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -2- 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be em ployees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall b e responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refus e to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be prompt ly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mary E. Lanier. 3.A.5.b Packet Pg. 80 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -3- 3.2.5 City's Representative. The City hereby designates the City Manager or his/her designee, to act a s its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Sc ope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mary E. Lanier, President or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, meth ods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. Contractor shall turn in completed work to the City Manager and shall report progress on work under this Agreement when appropriate. 3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout t he term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance and Liquidated Damages . Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant sha ll also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the 3.A.5.b Packet Pg. 81 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -4- aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Projec t or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from ti me to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committ ed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub -sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, cons ultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.A.5.b Packet Pg. 82 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -5- 3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity emplo yer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activit ies related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action P lan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 [Reserved] 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consult ant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accid ents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured al l insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the dura tion of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liabil ity Insurance. 3.A.5.b Packet Pg. 83 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -6- (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000.00 per claim, and shall be endorsed to include contractual liability. 3.2.11.4 [Reserved] 3.2.11.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be pr imary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto own ed, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. 3.A.5.b Packet Pg. 84 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -7- (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.11.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.11.7 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 [Reserved]. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total comp ensation shall not exceed SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly 3.A.5.b Packet Pg. 85 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -8- invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since t he initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges the reon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any wo rk which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “B ” may be adjusted each year at the time of renewal as set forth in Exhibit “B.” 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Pr evailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or a lleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply 3.A.5.b Packet Pg. 86 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -9- with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of S ection 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except fo r cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided he rein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the f ollowing address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: McKenna Lanier Group, Inc. 30650 Rancho California Road Suite D406-166 Temecula, CA 92591 Attn: Mary E. Lanier, President 3.A.5.b Packet Pg. 87 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -10- City: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 ATTN: Robert A. Johnson, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class posta ge prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawin gs, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission . Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of a ctual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agr eement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and 3.A.5.b Packet Pg. 88 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -11- hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsib le or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark , or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confide ntial by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Rele ase Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liabi lity, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non - appealable order by a court of competent jurisdiction requires that Cit y release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Ag reement. 3.6.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this 3.A.5.b Packet Pg. 89 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -12- Agreement, the prevailing party in such litigation shall be entitled to have and re cover from the losing party reasonable attorney's fees and all other costs of such action. 3.6.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, off icers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manne r arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil C ode section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, reck lessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertai ning to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.A.5.b Packet Pg. 90 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -13- 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, oth er than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.A.5.b Packet Pg. 91 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -14- 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] 3.A.5.b Packet Pg. 92 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 -15- SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND MCKENNA LANIER GROUP, INC. CITY OF SAN JACINTO MCKENNA LANIER GROUP, INC. By: ____________________________ By: ______________________________ Robert A. Johnson Mary E. Lanier City Manager President Attest: City Clerk Approved as to Form: ______________________________ Best Best & Krieger LLP City Attorney 3.A.5.b Packet Pg. 93 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177739.1 Exhibit “A”-1 EXHIBIT "A" SCOPE OF SERVICES The City of San Jacinto is seeking a consultant to review planning applications and permits and provide Zoning and General Plan information. These specialized services are requested on an as needed and on-call basis to the City of San Jacinto that are not available or being provided by City employees, Contract services will include review of planning permit applications, including home occupations, building permits, Temporary Use Permits, Special Events; review, evaluation, and processing of applications for consistency with City Codes and Ordinances and State and Federal requirements, and providing Zoning and General Plan designations and information to applicants and customers. 3.A.5.b Packet Pg. 94 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) 24438.00000\31177739.1 EXHIBIT "B" COMPENSATION The total budget for this engagement is a not-to-exceed amount of $75,000.00. The budget includes services outlined in the Scope of Services. Part-time Planning Associate Consulting Services. MCKENNA LANIER GROUP, INC. Company hourly rates: POSITION RATE PRESIDENT/PRINCIPAL ................................................................................... $135.00* PLANNING MANAGER/PROJECT PLANNER .................................................... $135.00* SENIOR ASSOCIATE ........................................................................................ $ 95.00 ASSOCIATE ...................................................................................................... $ 75.00 ADMINISTRATIVE ASSISTANT ......................................................................... $ 45.00 *CITY OF SAN JACINTO CITY INITIATED PROJECTS SERVICES RATE $85 per hour. EXPENSES Direct cost expenses incurred in performance of professional services (i.e., printing, reproduction, blue printing, overnight deliveries, etc.) are billed at actual cost incurred. Mileage will be reimbursed at the current IRS Standard Mileage Rate for Business. 3.A.5.b Packet Pg. 95 Attachment: McKenna Lanier Counter Services PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -1- CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 19th day of June, 2018, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and McKenna Lanier Group, Inc. a California Corporation with its principal place of business at 30650 Rancho California Road, Suite D406-166 Temecula, CA 92591 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional specialized development project consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning, permits, environmental project services, and cannabis legislation consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional specialized development consulting services for professional planning, permits, environmental project services, and cannabis legislation ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional specialized development project consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2018, to the earlier of: (i) the date the Project is completed, or (ii) December 31, 2018, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.A.5.c Packet Pg. 96 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -2- 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Sub ordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independe nt contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation in surance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from t he Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mary E. Lanier. 3.A.5.c Packet Pg. 97 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -3- 3.2.5 City's Representative. The City hereby designates the City Manager or his/her designee, to act as its representat ive in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or ch ange the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mary E. Lanier, President or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. Contractor shall turn in completed work to the City Manager and shall report progress on work under this Agreement when appropriate. 3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains t hat it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Con sultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance and Liquidated Damages . Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform t he Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the 3.A.5.c Packet Pg. 98 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -4- aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is unders tood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any man ner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Cons ultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees , agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Con trol Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consu ltant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federa l work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Se ction 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consul tants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.A.5.c Packet Pg. 99 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -5- 3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 [Reserved] 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are nece ssary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representat ives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liabil ity Insurance. 3.A.5.c Packet Pg. 100 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -6- (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000.00 per claim, and shall be endorsed to include contractual liability. 3.2.11.4 [Reserved] 3.2.11.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as addit ional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for loss es paid under the terms of the insurance policy which arise from work performed by the Consultant. 3.A.5.c Packet Pg. 101 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -7- (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.11.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.11.7 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its dire ctors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 [Reserved]. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly 3.A.5.c Packet Pg. 102 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -8- invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement d ate, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “B ” may be adjusted each year at the time of renewal as set forth in Exhibit “B.” 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply 3.A.5.c Packet Pg. 103 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -9- with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the Califo rnia Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performanc e of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under th is Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, up on such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at su ch other address as the respective parties may provide in writing for this purpose: Consultant: McKenna Lanier Group, Inc. 30650 Rancho California Road Suite D406-166 Temecula, CA 92591 Attn: Mary E. Lanier, President 3.A.5.c Packet Pg. 104 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -10- City: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 ATTN: Robert A. Johnson, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addre ssed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Pro perty. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and o ther documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30 ) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any a nd all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and i ndemnify and 3.A.5.c Packet Pg. 105 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -11- hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for an y revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other prop rietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant . Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photog raphs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable st ate or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non - appealable order by a court of competent jurisdiction requires that City release such info rmation. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this 3.A.5.c Packet Pg. 106 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -12- Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.6.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, p ertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, in cluding without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willfu l misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fau lt. 3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertai ning to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.A.5.c Packet Pg. 107 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -13- 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, oth er than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.A.5.c Packet Pg. 108 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -14- 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] 3.A.5.c Packet Pg. 109 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 -15- SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND MCKENNA LANIER GROUP, INC. CITY OF SAN JACINTO MCKENNA LANIER GROUP, INC. By: ____________________________ By: ______________________________ Robert A. Johnson Mary E. Lanier City Manager President Attest: City Clerk Approved as to Form: ______________________________ Best Best & Krieger LLP City Attorney 3.A.5.c Packet Pg. 110 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31177730.1 Exhibit “A”-1 EXHIBIT "A" SCOPE OF SERVICES The City of San Jacinto is seeking contractors to process development entitlement applications, prepare environmental documents, conduct environmental peer review of documents, prepare ordinances and development code amendments, and facilitate and process application for cannabis cultivation. McKenna Lanier Group, Inc. has extensive experience to provide the above services. McKenna Lanier Group, Inc. proposes to provide specialized services, as needed and on-call basis to the City of San Jacinto that ar e not available or being provided by City employees, to include the following special projects: 1. Site Plan and Design Review and Environmental processing for development project entitlements/developer deposits including the following projects: a. Luiseño Village b. Panorama Development c. Baypoint Preparatory Academy d. Landscape Plans Review 2. Conditional and Minor Use Permits processing, including the following: a. Off-site Alcohol Sales b. On-site Alcohol Sales 3. Preparation of Environmental Documents/Initial Studies 4. Tentative Tract Maps Extensions of Time 5. Development Agreements to extend Commercial Project - Conditional Use Permits and Staff Reviews Tract Maps 6. Process Cultivation Applications and Permits 3.A.5.c Packet Pg. 111 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) 24438.00000\31177730.1 EXHIBIT "B" COMPENSATION The total budget for this engagement is a not-to-exceed amount of $180,000. Project cost and payment will be based on a project by project basis. Estimates for deposits will be provided for City and project applicants, based on the scope of the project review, processing procedures, and environmental work to be completed. The budget includes services outlined in the Scope of Services. MCKENNA LANIER GROUP, INC. Company hourly rates: POSITION RATE PRESIDENT/PRINCIPAL ................................................................................... $135.00* PLANNING MANAGER/PROJECT PLANNER .................................................... $135.00* SENIOR ASSOCIATE ........................................................................................ $ 95.00 ASSOCIATE ....................................................................................................... $ 75.00 ADMINISTRATIVE ASSISTANT ......................................................................... $ 45.00 *CITY OF SAN JACINTO CITY INITIATED PROJECTS SERVICES RATE $85 per hour EXPENSES Direct cost expenses incurred in performance of professional services (i.e., printing, reproduction, blue printing, overnight deliveries, etc.) are billed at actual cost incurred. Mileage will be reimbursed at the current IRS Standard Mileage Rate for B usiness. 3.A.5.c Packet Pg. 112 Attachment: McKenna Lanier Planning Consulting PSA (Professional Services Agreement - Contract Planning Services) (BB&K 2018) 24438.00000\31206768.1 -1- CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 19th day of June 2018, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and CG Resource Management and Engineering, Inc., a California corporation with its principal place of business at 2529 Amherst Street, La Verne, California 91750 ("Consultant" or “CGRME”). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing pro fessional storm water compliance and Water Quality Management (“WQMP”) document review and inspection consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional consulting services for the Organizational Advisory and Planning Services Project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional storm water compliance and WQMP document review and inspection services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2018, to June 30, 2019, unless earlier terminated as provided herein. Consultant shall compl ete the 3.A.5.d Packet Pg. 113 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -2- Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant reta ins the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times b e under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical per sonnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provi de a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Cynthia Gabaldon, or her designee. 3.A.5.d Packet Pg. 114 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -3- 3.2.5 City's Representative. The City hereby designates City Manager, or his or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Cynthia Gabaldon, or her designee , to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever natur e that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a mann er acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all 3.A.5.d Packet Pg. 115 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -4- Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or whi ch may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal la ws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations i n connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regul ations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall requi re all of its subcontractors, consultants, sub- subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.A.5.d Packet Pg. 116 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -5- 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employ ment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Ser vices, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the condi tions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.A.5.d Packet Pg. 117 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -6- 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general a ggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross -liability); (3) products/completed operations liability; or (4 ) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. The Consultant is not required to provide Workers Compensation insura nce if he is a sole proprietor and provides written verification he has no employees. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbes tos, pollution, testing, underground storage tanks, 3.A.5.d Packet Pg. 118 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -7- laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. 3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additio nal insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict co verage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 1 0 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to thi s Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thir ty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation agains t the City, its officials, officers, employees, agents, and volunteers. 3.2.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, 3.A.5.d Packet Pg. 119 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -8- employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.2.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of i ts subconsultants. 3.2.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to t he same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. 3.2.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediatel y so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 3.2.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.2.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.2.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on 3.A.5.d Packet Pg. 120 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -9- coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 3.2.11.11 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed b y the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium fr om Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, excep t with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shal l not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in c onnection with the Services under this Agreement. 3.2.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consul tant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional ins ureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any 3.A.5.d Packet Pg. 121 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -10- subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.2.12 Water Quality Management and Compliance. 3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state an d federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Polluti on Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liability for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold h armless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. 3.A.5.d Packet Pg. 122 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -11- (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seventy-five thousand dollars ($75,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.” 3.A.5.d Packet Pg. 123 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -12- 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections t o the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply wi th the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project o f over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Co nsultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.A.5.d Packet Pg. 124 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -13- 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of suc h termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Con sultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinish ed Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: CG Resource Management and Engineering, Inc. 2529 Amherst Street La Verne, CA 91750 Attn: Cynthia Gabaldon, PE City: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 ATTN: Rob Johnson, City Manager 3.A.5.d Packet Pg. 125 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -14- Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copy rights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole o r in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by desi gn professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of thi s Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Docume nts & Data on any project other than this Project, it shall remove the Consultant’s seal from the 3.A.5.d Packet Pg. 126 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -15- Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or l iable, or anyone approved by the Consultant. 3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performanc e of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any 3.A.5.d Packet Pg. 127 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -16- legal action brought to compel such releas e; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hol d the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, sub consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contra ct requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code 3.A.5.d Packet Pg. 128 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -17- claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maint aining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest he rein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declare d invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the 3.A.5.d Packet Pg. 129 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -18- remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any compan y or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agr eement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the leg al power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] 3.A.5.d Packet Pg. 130 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 -19- SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND CG RESOURCE MANAGEMENT AND ENGINEERING, INC. CITY OF SAN JACINTO CG RESOURCE MANAGEMENT AND ENGINEERING, a California Corporation By: __________________________ By: ___________________________ Robert Johnson Cynthia Gabaldon City Manager President Attest: City Clerk Approved as to Form: ______________________________ Best Best & Krieger LLP City Attorney 3.A.5.d Packet Pg. 131 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 Exhibit “A”-1 EXHIBIT "A" SCOPE OF SERVICES Task 1 – Preliminary WQMP Assessment 1.1 Preliminary WQMP (P-WQMP) Assessment of Project and Programs The first phase of the work shall consist of a complete assessment of the demands of the project, based upon meetings with city staff and review of appropriate plans and documents. 1.2 Preliminary Water Quality Management Plan Review The Consultant shall completely and accurately review all narratives, supporting studies, maps, exhibits, documents and specifications submitted in conjunction with the P -WQMP document. The Consultant shall provide a redlined set of plans and corresponding correction list, in the event that the P-WQMP is found to be unacceptable. 1.3 P-WQMP Red-Line Plan Comments and/or Conditions of Approval The Consultant shall provide complete, accurate and timely written comments, as well as “redlined” drawings of submitted plans and supporting documents that are found to be unacceptable or incomplete. Consultant shall prepare a complete, accurate and timely written set of Conditions of Approval, utilizing the City’s standardized format, describing the specific requirements necessary for approval of any site-specific P-WQMP found to be acceptable to the City. The Consultant shall provide assistance to the City, and project applicant as it relates to all comments, redlines and/or conditions of approval prepared by Consultant. 1.4 P-WQMP General Services and Requirements and Responsibilities  Consultant shall prepare and maintain a “Schedule of Performance” to include realistic periods for initial reviews, final design review, and submittal of conditions of approval.  Consultant shall submit invoices to the City at 100% percent completion of the project. Each invoice will be itemized and show tasked performed, and the percentage of completion lump sum payment due.  If the proposed project has not received an approved l and use permit within 6 months of SRC meeting, due to the applicant’s failure to submit corrections to the proposed P-WQMP, Consultant shall submit a 50% completion payment invoice to the City. At the sole discretion of the City, if the project has not received an approved land use permit, within 1 year of SRC meeting, City may release the final 100% completion payment to Consultant. Notwithstanding the foregoing concerning the 12 month land use entitlement permit status, Consultant shall submit an invoice for the final 100% progress payment to City at the termination of this Agreement. Each invoice will be itemized and show tasked performed, and the percentage of completion lump sum payment due. 3.A.5.d Packet Pg. 132 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 Exhibit “A”-2  Consultant shall be available to answer questions regarding the project scope, documents, milestones, plans, specifications, etc. through various methods including meetings, telephone calls, e-mails, and/or written correspondence. Task 2 - Final WQMP Assessments 2.1 Final WQMP Assessment of Project and Programs The first phase of the work shall consist of a complete assessment of the demands of the project, based upon meetings with city staff and review of appropriate plans and documents. Consultant services shall include but not be limited to the following items:  Consultant shall analyze regional and local plans and documents deemed pertinent to the review of the proposed F -WQMP including the Santa Ana River Basin Plan, TMDL for Canyon Lake and Lake Elsinore, Riverside County Water Quality Management Plan For Urban Run-Off, and Board Order R8-2010-0033 NPDES Permit # CAS618033, and other documents as deemed appropriate. Any changes since P-WQMP approval shall be documented. 2.2 Final Water Quality Management Plan Review The Consultant shall completely and accurately review all narratives, supporting studies, maps, exhibits, documents and specifications submitted in conjunction with the F -WQMP document. The Consultant shall provide a redlined set of plans and corresponding correction list, in the event that the F-WQMP is found to be unacceptable. 2.3 F-WQMP Red-Line Plan Comments and/or Conditions of Approval The Consultant shall provide complete, accurate and timely written comments, as well as “redlined” drawings of submitted plans and supporting documents that are found to be unacceptable or incomplete. Consultant shall prepare a complete, accurate and timely written set of Conditions of Approval, utilizing the City’s standardized format, describing the specific requirements necessary for approval of any site -specific WQMP found to be acceptable to the City. The Consultant shall provide assistance to the City, and project applicant as it relates to all comments, redlines and/or conditions of approval prepared by Consultant. 2.4 Final WQMP Approvals and Conditions of Approval When a project specific WQMP is approved, COA’s and an internal approval memo will be prepared. The COAs are provided to the applicant for signature and scanning onto the WQMP Plan COA page. This page is then returned to the City for inclusi on into the final document. The internal approval letter is provided to both City Building and Safety and Engineering. This task typically completes the WQMP approval process. This process can be either handled on-site or via email. 2.5 Project Specific WQMP Related Administrative Follow Up When a project moves forward into construction there are WQMP related tasks that need to be completed: 3.A.5.d Packet Pg. 133 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 Exhibit “A”-3  Coordination with the Planners at the time of the Final Map approval that CC&Rs are complete, approved and pr ovided.  Remind the owner/builder that all elements of the WQMP must be implemented and approved before project will receive clearance. 3.0 Final WQMP General Services and Requirements and Responsibilities Consultant services for this phase of work, shall include but not be limited to, the following items:  Consultant shall prepare and maintain a “Schedule of Performance” to include realistic periods for initial reviews, final design review, and submittal of conditions of approval.  Consultant shall be avail able to answer questions regarding the project scope, documents, milestones, plans, specifications, etc. through various methods including meetings, telephone calls, e-mails, and/or written correspondence. 4.0 Final WQMP Construction Inspections CGRME Staff can also provide WQMP Construction Inspections. There are typically three inspection visits to a site including: • At beginning of Project, within first few weeks of construction: Introductions and WQMP review • Mid Construction Inspection: review of on -going construction. Usually based on on-going discussions with contractor. Also discuss probable final inspection and remaining steps. • Final Inspection: Confirm all the BMPs have been installed. Work on final paperwork with contractor and owner. Provide Project acceptance documentation 5.0 WQMP Administrative Services CGRME Staff will also assist the City with post -approval WQMP processing. This will include tracking and documenting the Conditions of Approval and Covenant and Agreement completions, confirming the project owner’s copies of the document have been received and filing of the City copies. Task 3 – Annual WQMP Inspections As is required in the MS4 Permit, constructed WQMP sites, need to have inspections on a scheduled basis. At this time, a site needs an “annual” inspection once every three years. A log will be prepared and the inspections completed in 2017 and 2018 will be included. 3.A.5.d Packet Pg. 134 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 Exhibit “A”-4 It is noted that at the time of writing, the City was generally caught up on this task. With each year, additional WQMP sites are added to this task. Fees are on an hourly basis dependent on the number of sites inspected. Efforts are ma de to minimize expenses for this task (combine in one day, sequence the locations, etc. ) 3.A.5.d Packet Pg. 135 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 Exhibit “B”-1 EXHIBIT "B" SCHEDULE OF SERVICES As tasks are assigned, execution will be completed at a “full-time” capacity. Task specific schedules will be discussed on a case-by-case basis. At that time any clarifications and concerns will be presented and schedule adjustments agreed upon. It is understood that WQMP reviews are req uired to be completed by 10 business days after receipt. 3.A.5.d Packet Pg. 136 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2018) 24438.00000\31206768.1 Exhibit “C”-1 EXHIBIT "C" COMPENSATION WQMPs reviews are based on lump sum fees as follows: Commercial Industrial Residential Fees 8 5 19 $3,080 23 18 50 $3,630 >23.1 >18.1 >50.1 $5,500 Preliminary WQMP reviews at $2500 Inspections: $1200 for all three inspections and close out (4 hour minimum inspection trip charges) Annual BMP Inspection Fees Initial inventory will be required. It is expected that about four to six hours may be required for compiling the inventory information. For budgeting purposes the City could plan on $730.00. The inspections will be completed on an hourly basis. It is expe cted that approximately 3.0 hours per site will be required for each annual inspection. This would include pre - inspection research, inspection time, post inspection documentation and tracking. Any additional follow-up will be billed on an hourly basis (typically one to two hours). For budgeting purposes, the City could plan a per site inspection fee of $370.00. Personnel Charges The charge for all time required in the performance of the Scope of Service, including office, field and travel time, will be approximately at the Unit Price Hourly rates set forth below for the labor classifications indicated Labor Classification Hourly Rate Senior Project Engineer/Manager/Inspector $120 Project Staff $100 Senior Staff/Inspector $90 GIS/Technician $75 Project Assistant/Word Processor $40 Clerical $30 The Client will be notified if there are staff used for the project that are not listed on this rate table 3.A.5.d Packet Pg. 137 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning (BB&K 2017) 24438.00000\31206768.1 Exhibit “D”-2 Vehicles and Mileage The mileage charge for personal autos will be billed at the then current mileage rate established by the Internal Revenue Service (which is currently $.54.5 per mile). Subcontractors and Reimbursables The cost of services subcontracted by CGRME to others and other costs incurred by CGRME will be charged at cost plus 5%. This includes reproduction and graphic costs. 3.A.5.d Packet Pg. 138 Attachment: CG Resource Management and Engineering SW and WQMP Review PSA (Professional Services Agreement - Contract Planning June 19, 2018 TO: City Council REQUESTED BY: Tom Prill, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Low Income Senior Discount Program RECOMMENDATION: Staff recommends that the City Council approve the extension of the Low -Income Senior Assistance Program for monthly water consumption charges. DISCUSSION: On June 3, 2014, the City Council extended the Low-Income Senior Assistance Program for Water Charges (Program) indefinitely. The Program was extended with the provision tha t it would be revisited in the course of two years. The Program requires the customer to show proof of participation in the California Alternate Rates for Energy (CARE) program for two other utilities, as well as verification of age and residence. After each year of participation in the Program, the customer would have to recertify their eligibility. The discount provided is 50% of water consumption charges for the first five units of water (3,740 gallons), for both regular consumption and the water adjudication surcharge. For eligible customers, the current regular consumption charge of $1.53/unit would be reduced to $0.765/unit, while the surcharge of $1.0703/unit would be reduced to $0.53515/unit. Accordingly, the combined water consumption charge of $2.6003/unit would be reduced to $1.30015/unit, for a monthly savings of $6.50 per month, based on all 5 units of water usage. The Program does not reduce any other charges. The Program is funded by delinquent payment penalties and other similar charg es received by the City’s Water Fund. Currently, a total of 36 customers are taking advantage of the Program. Continuing the Program should not result in any significant hardship on the City’s Water Fund. ALTERNATIVES: Discontinue the Program. Alter the Program and provide staff with further direction. FISCAL IMPACT: Based on the number of unique eligible customers since inception of the program, the loss of water revenue is projected at $234 monthly and $2,808 annually. These amounts are subsidized by penalty charges currently received in the Water Fund. 3.A.6 Packet Pg. 139 June 19, 2018 TO: City Council REQUESTED BY: Habib Motlagh, City Engineer APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Esplanade Ave. Street Improvement Project (State to Palm) RECOMMENDATION: Staff recommends that the City Council award the construction contract for Esplanade Avenue Street Improvement (State Street to Palm Avenue) Project to All American Asphalt Inc. of Corona for the sum of $381,410, approve 20% contingency for soft and construction costs, reject all other bids and approve the MOU between City of Hemet and City of San Jacinto. DISCUSSION: At the bid opening on March 22, 2018, the City Clerk received and opened three (3) bids ranging from $381,410 to $432,000. The lowest qualified bid was from All American Asphalt Inc. for the sum of $381,410. Staff has reviewed the contractor’s qualifications and references provided and recommends the award of bid. Due to Esplanade Avenue being the dividing line between the two cities, the City of Hemet and the City of San Jacinto have agreed to enter into an MOU to share construction, construction management and inspection costs not to exceed $260,000. The City of Hemet City Council, at their meeting of June 12, 2018, approved the attached MOU with a minor change to the cost sharing. Hemet is requesting each agency pay its actual share of design, advertisement, construction and other soft costs. This change is acceptable to City of San Jacinto. The project is to grind and overlay asphalt concrete on Esplanade Avenue from State Street to Palm Avenue within the City of Hemet and City of San Jacinto Right -of-Way. In addition to providing a new road surface, the project will remove and replace 6 ADA p edestrian access ramps; 30 linear feet of curb and gutter; and 1,100 square feet of Portland Cement Concrete Cross-Gutter Spandrel within the City of San Jacinto Right -of-Way. The preliminary schedule for the project is as follows:  Bid Award: June 19, 2018  Start Construction: July 9, 2018  Complete Construction: August 8, 2018 FISCAL IMPACT: Available budget of $533,000 as of May 2018 (CIP 14-004). The City of Hemet has agreed to 3.A.7 Packet Pg. 140 pay its fair share in a not to exceed amount of $260,000. ATTACHMENTS: Esplanade Bidders List Coop Agreement for Esplanade BWS 3.A.7 Packet Pg. 141 3.A.7.a Packet Pg. 142 Attachment: Esplanade Bidders List (Esplanade Ave. Street Improvement Project (State to Palm)) - COOPERATIVE AGREEMENT BETWEEN CITY OF HEMET AND CITY OF SAN JACINTO FOR ESPLANADE AVENUE IMPROVEMENT PROJECT This agreement (“Agreement”) is entered into as of this X day of June, 2018 by and between the City of Hemet, a municipal corporation (“Hemet”) and the City of San Jacinto, a municipal corporation (“San Jacinto”). Hemet and San Jacinto are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as “Parties”. RECITALS A. The Parties desire to cooperate in the design and construction of pavement rehabilitation on Esplanade Avenue from State Street to Palm Avenue (the “Project”), as part of their Capital Improvement Program for pavement rehabilitation. B. As shown in Exhibit A, approximately half of the segment of Esplanade Avenue within the Project limits falls within the jurisdictional boundaries of Hemet. C. The Project is identified by Hemet as CIP No. 5680 and by San Jacinto as Project No. SJ-393. D. The Project improvements consist of removal and reconstruction of asphalt pavement within the City of Hemet. Exhibit B contains the Project design plans. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the P arties agree as follows: SECTION 1. San Jacinto Agrees to: 1. Pursuant to the California Environmental Quality Act (CEQA), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction of Project. 2. Provide design plans and specifications necessary for the construction of the Project, and pay all costs associated therewith. 3. Allow Hemet to review and provide comments on the Project design plans and specifications prior to construction and on an ongoing basis as they may pertain to Hemet. 3.A.7.b Packet Pg. 143 Attachment: Coop Agreement for Esplanade BWS (Esplanade Ave. Street Improvement Project (State to Palm)) - 4. Prior to commencing construction obtain all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to the construction of the Project, and pay all costs associated therewith. Such documents may include but are not limited to National Pollutant Discharge Elimination System Permit issued by the State Water Resources Control Board. 5. Advertise, award and administer a public works construction contract for the Project in accordance with all applicable State laws and San Jacinto policies, procedures and applicable laws, and pay all costs associated therewith. 6. Provide Hemet (Attention: City Engineer) with written notice that San Jacinto has awarded a construction contract for the Project. 7. Prior to commencing construction of the Project, require the contractor to secure and maintain insurance policies in accordance with San Jacinto standard requirements and to name the City of Hemet as an additional insured. 8. Prior to commencing construction of the Project, require the contractor to submit a traffic control plan and obtain an encroachment permit from Hemet for the Project work within the Hemet jurisdictional boundaries. 9. Invoice Hemet (Attn: City Engineer) for the Hemet share of the cost. 10. Construct the Project pursuant to a San Jacinto administered construction contract, in accordance with the Project design plans and specifications approved by Hemet and San Jacinto, and pay all costs associated therewith. 11. Inspect or cause to be inspected the construction of the Project, and pay all costs associated therewith. 12. Allow Hemet to inspect the Project construction work within Hemet jurisdictional boundaries and bring to the attention of San Jacinto any work defects not in compliance with the Project design plans and specifications, in which case San Jacinto will cause the contractor to correct the work defects in a timely manner in accordance with the requirements of the Project contract documents. 13. Furnish all construction survey and materials testing services necessary to ensure the Project construction is accomplished in accordance with the approved Project design plans and specifications, and pay all costs associated therewith. 14. Not permit any change to or modification of Hemet approved Project design plans that would result in a change of functionality or maintainability of the Project without the prior written permission and consent from Hemet. 3.A.7.b Packet Pg. 144 Attachment: Coop Agreement for Esplanade BWS (Esplanade Ave. Street Improvement Project (State to Palm)) 15. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all for all San Jacinto and Hemet employees on the site. 16. Within two (2) weeks of completing the Project construction, provide Hemet with written notice that the Project construction is substantially complete and request that Hemet conduct a final inspection of the Project. 17. Provide Hemet with record drawings (as-builts) documenting the constructed improvements upon completion of the construction of the Project. 18. SECTION 2. Hemet Agrees to: 1. Contribute half of the cost of the Project design, construction, construction engineering, construction management, and construction inspection, up to two hundred and sixty thousand dollars ($260,000). Contribution to the construction management and construction inspection of the Project within the jurisdictional boundaries of Hemet will be provided in the form of staff time of Hemet employees or consultants retained by Hemet. 2. Review, provide comments and sign the Project design plans provided by San Jacinto prior to advertising the Project to solicit construction bids. 3. Cooperate with San Jacinto in its efforts to obtain all necessary regulatory permits. 4. Review, provide comments and approve traffic control plans submitted by the contractor and process a Hemet encroachment permit, after all Hemet requirements have been met, to allow the contractor to perform the Project construction work within the jurisdictional boundaries of Hemet. 5. Grant San Jacinto, by execution of the Agreement, all rights necessary to construct and inspect the Project within the jurisdictional boundaries of Hemet. 6. Upon receipt of San Jacinto's written notice that the Project construction is substantially complete, conduct a final inspection of the portion of the work within the jurisdictional boundaries of Hemet. 7. Remit payment to San Jacinto within thirty (30) days of receipt of San Jacinto's invoice for the Hemet contribution as set forth in provision 1 above. 8. Except as otherwise provided herein, all construction work involved with the Project shall be inspected by San Jacinto, but shall not be deemed complete until 3.A.7.b Packet Pg. 145 Attachment: Coop Agreement for Esplanade BWS (Esplanade Ave. Street Improvement Project (State to Palm)) - Hemet and San Jacinto mutually agree that construction is completed in accordance with the Project design plans and specifications. SECTION 3 Authority. The Parties represent that the individuals whose signatures appear at the end of this document as signatories are authorized to enter into this Agreement o n behalf of and to bind their respective agencies to the terms of this Agreement. SECTION 4 Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. SECTION 5 Attorneys Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 6 Entire Agreement. This Agreement is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 7 Severability. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). Signatures on the following pages 3.A.7.b Packet Pg. 146 Attachment: Coop Agreement for Esplanade BWS (Esplanade Ave. Street Improvement Project (State to Palm)) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF HEMET __________________________ Allen Parker City Manager ATTEST: ___________________________ Sarah McComas City Clerk APPROVED AS TO FORM _______________________________ Eric S. Vail City Attorney CITY OF SAN JACINTO __________________________ City Manager ATTEST: ___________________________ City Clerk APPROVED AS TO FORM _______________________________ City Attorney 3.A.7.b Packet Pg. 147 Attachment: Coop Agreement for Esplanade BWS (Esplanade Ave. Street Improvement Project (State to Palm)) June 19, 2018 TO: City Council REQUESTED BY: Tom Prill, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: LLPD1 Reso to Levy 18/19 RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 3717 confirmin g a diagram and assessment and levying the assessment for the District for FY 18 -19. DISCUSSION: On June 5, 2018, the City Council adopted a Resolution declaring its intention to levy and collect assessments within the District for FY 18-19, accepting the Engineer’s Report (the “report”), giving notice and setting the time and place of the public hearing of the proposed assessment. The report has been filed with the City Clerk and is available for review by the public. The public hearing was duly noticed and the Resolution of Intent published setting the public hearing for Tuesday, June 19, 2018, at 6:30 p.m. Taxable parcels are assessed 100% of the maximum allowed as it was for FY 17 -18, and is set forth in the report for FY 18-19. The maximum allowed to be collected is not sufficient to cover the full cost of the current level of service provided to the District, therefore the FY 18 -19 budget contains a subsidy from the General Fund to cover costs. Pursuant to Article XIIID of the California Constitution, approval by the property owners in the District is required in order to increase the assessment. The assessment will be placed on the property owner’s tax bill for FY 18 -19, payable with the ad valorem tax bill in two installments due on November 1, 2018 (delinquent December 10, 2018) and February 1, 2019 (delinquent April 10, 2019). The adoption of this Resolution is required in order to continue the levy assessment of the District and to authorize its collection with the annual general levy secure d property tax roll. FISCAL IMPACT: This action sets the annual levy and authorizes it to be collected on the tax roll. The estimated Revenue and Expenditures are budgeted for the District under Fund 025. There is no budgetary impact, unless this Resolut ion is not passed. Non-passage of Resolution No. 3717 would impair the ability of the District to collect the assessments needed to pay the District expenses, and the General Fund would have to replace the entire revenue of the District or discontinue the services provided in the District. 4.1 Packet Pg. 148 The levy of approximately $658,676.44 is not enough to fund the budgeted expenditures of the District. Staff has estimated a budget subsidy of approximately $700,103 from the General Fund to make up the District shortfall. ATTACHMENTS: 06-19-18 LLPD1 Reso Levying Assessments FY 18-19 LLPD No. 1 FY 1819 Engineer's Report for Council 4.1 Packet Pg. 149 Page 1 of 3 STATE OF CALIFORNIA ) RESOLUTION NO. 3717 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 (LLPD 1) FOR FISCAL YEAR 2018-2019 (FY 18-19) WHEREAS, the City Council of the City of San Jacinto has initiated proceedings for the levy and collection of assessments for FY 18-19 for LLPD 1 pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within LLPD 1 of the City of San Jacinto, and WHEREAS, notice of said hearing was given pursuant to Section 226 26 and duly published as required by Sections 22552 and 22553 of said Code; and WHEREAS, the City Council has ordered the filing of an Engineer’s Report (the “report”) with the City Clerk, pursuant to law for the City Council’s consideration and subsequently thereto the City Council adopted its Resolution of Intention approving the report, and declaring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas, street lights and public parks in LLPD 1 for the Fiscal Year commencing July 1, 2018 and ending June 30, 2019; and WHEREAS, in November, 1996 the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and WHEREAS, Article XIIID, Section 4 of the California Constitution requires that assessments comply with state procedural a nd approval provisions by July 1, 1997, unless and Assessment District meets certain exemptions as set forth in Section 5 of Article XIIID, which exemptions include the following: “(a) any assessment imposed exclusively to finance capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control.” “(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the ti me the assessment is initially imposed”; and 4.1.a Packet Pg. 150 Attachment: 06-19-18 LLPD1 Reso Levying Assessments FY 18-19 (LLPD1 Reso to Levy 18/19) Page 2 of 3 WHEREAS, assessments proposed for FY 18-19 are exempt from Proposition 218 because the assessments either generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California , or the assessments were approved by the property owners on June 16, 1992, originally imposed prior to the passage of Proposition 218; and WHEREAS, the adoption of this Resolution, among other things, is required to levy the proposed assessment for FY 18-19; NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1: Following notice duly given by publication, the City Council has held a public hearing regarding the levy of the proposed assessment within LLPD 1 for the Fiscal Year commencing July 1, 2018 and ending June 30, 2019 to pay for the costs and expenses of maintaining and servicing the public landscaped improvements, street lights and parks installed and constructed within LLPD 1. All interested persons were afforded the opportunity to hear and be heard regarding protests and objections have been considered by the City Council. SECTION 2: The City Council hereby confirms the diagram and assessment set forth in the report for FY 18-19 and orders the maintenance and servicing of the public landscaped improvements, street lights and parks installed and constructed in LLPD 1 and as more particularly described in the report. SECTION 3: The adoption of this Resolution constitutes the levy of an assessment for the Fiscal Year commencing July 1, 2018 and ending June 30, 2019. Said assessment is levied without regard to property valuation. SECTION 4: The maintenance and servicing of the public landscaped areas, street lights and parks shall be performed pursuant to law and the County Auditor of Riverside County shall enter on t he County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amoun t of the assessments shall be paid to the City Treasurer. 4.1.a Packet Pg. 151 Attachment: 06-19-18 LLPD1 Reso Levying Assessments FY 18-19 (LLPD1 Reso to Levy 18/19) Page 3 of 3 SECTION 5: The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as LLPD 1 Fund. SECTION 6: The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. SECTION 7: A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection. APPROVED AND ADOPTED this 19th day of June, 2018 by the following vote: Ayes: Nays: Absent: Abstain: CITY OF SAN JACINTO: _________________________________ Crystal Ruiz, Mayor ATTEST: ___________________________________ Angela Walton, City Clerk APPROVED AS TO FORM: Best Best & Krieger, LLP Michael J. Maurer, City Attorney 4.1.a Packet Pg. 152 Attachment: 06-19-18 LLPD1 Reso Levying Assessments FY 18-19 (LLPD1 Reso to Levy 18/19) OFFICE LOCATIONS: Temecula – Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 San Francisco – Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 California Satellite Offices Atascadero, Davis Huntington Beach, Joshua Tree, Riverside Sacramento, San Jose www.nbsgov.com Prepared by: Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report June 19, 2018 4.1.b Packet Pg. 153 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) TABLE OF CONTENTS ENGINEER’S LETTER ........................................................................................................ 1 OVERVIEW ...................................................................................................................... 2 PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS .................................................. 4 Landscaping and Park Maintenance ................................................................................... 4 Street Lights and Traffic Signals .......................................................................................... 4 Street Trees ......................................................................................................................... 5 ESTIMATE OF COSTS ....................................................................................................... 6 METHOD OF APPORTIONMENT ....................................................................................... 8 Method of Apportionment .................................................................................................. 8 Zones of Benefit .................................................................................................................. 9 Assessment Formula ......................................................................................................... 10 ASSESSMENT UNIT METHOD ......................................................................................... 12 BOUNDARIES AND ASSESSMENT DIAGRAM................................................................... 16 PETITION FOR PARK ASSESSMENTS ............................................................................... 18 ASSESSMENT ROLL ........................................................................................................ 20 4.1.b Packet Pg. 154 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) 4.1.bPacket Pg. 155Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 2 OVERVIEW This District, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of: street lights and traffic signals; landscaped areas (parkways and medians, etc.); and municipal parks; on a citywide basis; all of which are located on public land, public rights-of-way, or in landscaping easements in the City of San Jacinto. In November of 1996, the voters of California passed Proposition 218 which added Articles XIII C and XIII D to the California Constitution. These new Constitutional provisions affect the procedural and substantive requirements for the levy of assessments. Among other things, the new requirements provide that assessed parcels of real property must receive a special benefit from assessments. Assessments are also subject to new majority protest requirements. These new requirements apply, unless an assessment district meets certain exemptions set forth in Proposition 218. The following assessments are exempt from the procedures and approval process of Article XIII D of the California Constitution; A. Any assessment imposed exclusively to finance the capital costs or maintenance and/or operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control; or B. Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Zone A (A-1, A-2 and A-3), Zone B and Zone E of the District qualify as existing assessments exempt under exemption "A" described above. This conclusion has been reached using the definitions provided by the Office of the Controller for the State of California and the Guidelines Relating to Gas Tax Expenditures published by the division of local government affairs. Under this definition, street improvements include, but are not limited to, such things as street lighting and parkway and median landscaping. Zone D park maintenance assessments within the District also qualify as an existing assessment exempt under exemption "B" described above in that the park maintenance assessment imposed was consented to by all of the persons owning all of the parcels subject to the park maintenance assessment at the time the assessment was initially imposed. The language of Articles XIII C and XIII D will be subject to future legislation and court decisions in order to clarify the specific intent of these Constitutional provisions. At the time that this report was prepared no such legislation or judicial guidance existed with regard to determining how the property owner consent exemption would apply. However, the drafter of these provisions, the Howard Jarvis Taxpayers Association, has stated that it intended to exempt from the procedural and substantive requirements those assessments being re-levied on an annual basis under an existing assessment district so long as the assessments are not increased. The proposed assessments for the 2018/19 Fiscal Year for the District fall within this exemption because they are merely the annual levy for assessments previously consented to by property owners, and are not being levied. Section 22573, of the Landscaping and Lighting Act of 1972 (the “1972 Act”), requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in 4.1.b Packet Pg. 156 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 3 proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also provides for the classification of various areas within an assessment district into different zones where, “by reason of variations in the nature, location and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements." An assessment district may consist of contiguous or noncontiguous areas. Although Proposition 218 mandates that parcels owned by public agencies be assessed if they receive special benefit from the improvements being serviced and maintained by the assessments; under the exemptions stated above, properties owned by public agencies, such as city, county, state, federal government, or board-governed special districts, are not assessed. The word “parcel,” for the purposes of this report, refers to an individual property assigned its own assessor’s parcel number by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses assessor’s parcel numbers and specific fund numbers to identify on the tax roll properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and review of the Final Annual Engineer’s Report, the City Council may confirm the report as submitted and order the levy and collection of assessments for Fiscal Year 2018/19. If approved, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2018/19. 4.1.b Packet Pg. 157 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 4 PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS Plans and specifications for the improvements have been prepared and approved as part of the improvement plans. These plans and specifications are on file and available for review at the office of the City Engineer and, by reference, have been made part of this report. Landscaping and Park Maintenance A map showing the location of all landscaping sub-zones and park maintenance areas within the District is on file at City Hall with the City Clerk and is made a part of this report by reference. Servicing means the furnishing of: 1. Water for the irrigation of any landscape, park improvement, the operation of any fountains, or the maintenance of any other appurtenant improvements. 2. Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvement. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Installation, repair, removal or replacement of all or any part of any landscape, park improvement, including turf, shrub and tree plantings, statuary, fountains, other ornamental structures, lights, electrical systems, playground equipment, play courts, paving, curbs, gutters, sidewalks, and public restrooms. 2. Removal of graffiti by washing, painting, grinding, sanding or other usual means. 3. Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 4. The removal of trimmings, rubbish, debris and other solid waste. 5. Land preparation which may be necessary for installation, repair or replacement of landscape, park improvements, including grading, leveling, cutting and filling, sod, irrigation systems, sidewalks and drainage. Street Lights and Traffic Signals A map showing the location of all street lights within the District is on file at City Hall with the City Clerk and is made a part of this report by reference. Servicing means the furnishing of electric current or energy, gas or other illuminating agent for public street lighting and traffic signal facilities. Maintenance means the furnishing of services and materials for the ordinary and usual installation, maintenance, operation and servicing of any improvement, including repair, removal, or replacement of all or any part of a component of the street lighting system, traffic signal system, or appurtenant horizontal or vertical surfaces (including graffiti removal). 4.1.b Packet Pg. 158 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 5 Street Trees Reference to Street Trees throughout this report is only a description of improvement that were proposed during initial formation of the District. The assessment for street trees, although approved by property owners during the initial formation of the District, was not levied by the City prior to the passage of Proposition 218. As such, since the District has been grandfathered in under the methodology and rates existing prior to Proposition 218, the assessment for street trees cannot be levied unless additional property owner approval is secured through the procedures outlined in Proposition 218. 4.1.b Packet Pg. 159 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 6 ESTIMATE OF COSTS The following table provides an estimate of the costs of the improvements for Fiscal Year 2018/19. 4.1.b Packet Pg. 160 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) Parks Cost Item A-1 A-2 A-3 B C D Totals City-wide Soboba Springs Rancho San Jacinto Lights No Lights $202,772 $20,127 $121,149 $60,349 $404,397 Maintenance & Operations Supplies & Materials 2 6,000 15,000 45,000 $66,000 Professional & Specialized Services 3 26,386 4,386 7,086 3,086 3,086 $44,030 Repair & Maintenance 4 $0 Contracts, Leases & Rents 5 220,000 42,000 535,000 124,000 $921,000 Utilities 6 33,000 17,310 98,000 160,000 50,000 $358,310 Overhead, Insurance & Bonds 18,177 5,219 36,017 95,977 20,540 $175,930 Capital Outlays $0 (226,158)(59,697)($285,855) Interfund Transfer (Equipment Replacement)(150,000)(25,000)($175,000) CSA 152 (25,000)(125,000)($150,000) (220,725)(56,639)(234,056)(65,693)(122,990)($700,103) TOTALS $254,610 $38,403 $77,038 $238,370 $0 $50,288 $658,709 Amount per AU $34.76 $229.96 $77.00 $25.89 $0 $14.67 Rounding and Adjustments (33) TOTAL AMOUNT TO ASSESSMENT $658,676.44 Notes: 2. Supplies and Materials include office supplies, uniforms and safety equipment, small tools, etc. 3. Professional and Specialized Services include assessment engineering, legal counsel, City administration and County Auditor fees. 4. Repair and Maintenance includes building and vehicle R&M, parts and supplies for landscaping, irrigation and mowing, and street light R&M. 5. Contracts, Leases and Rents include weekend restroom maintenance, landscape maintenance contracts, traffic signal maintenance provided by Riverside County/CALTRANS, and vertical surface maintenance (graffiti abatement). 6. Utilities include water, electricity, and street light maintenance provided by SCE and City of San Jacinto. 8. Subject to available funds. 7. Fund Transfer from Rancho San Jacinto LLPD No. 2 funds to finance the LLPD No. 2 component of shared facilities in Rancho San Jacinto, and to account for the LLPD No. 2 zones that don't have parks and contribute to the City-wide parks. Cost Items Personnel Services 1 Interfund Transfer (LLPD No. 2)7 Interfund Transfer (General Fund)8 1. Personnel Services is calculated based on estimated hours and a fully-burdened hourly rate, which includes amounts for salaries, fringe benefits, and other departmental operating expenditures that cannot be directly assigned to one zone. Accordingly, all other expenditures are those directly charged to each zone. Landscaping Lighting CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT No. 1 MAINTENANCE ESTIMATE FISCAL YEAR 2018/19 BENEFIT ZONES 4.1.b Packet Pg. 161 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 8 METHOD OF APPORTIONMENT Method of Apportionment The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping, lighting and park facilities within such District. The maintenance and servicing of public landscaping, lighting and park facilities installed and constructed in public places in the City of San Jacinto provides a special benefit which is received by parcels within the specified zones of benefit in the District. Landscaping within the District enhance the aesthetic appeal of parcels within the landscaping zones. Such landscaping improves erosion resistance and dust control. Street lights improve ingress and egress, from lots or parcels by illuminating access after sunset. Such street lights, by so improving ingress and egress, improve the security of such lots or parcels by improving the nighttime visibility of such lots or parcels and improve the access of emergency vehicles thereto and in the case of commercial lots or parcels, facilitate the opening and operation of business uses after sunset. The primary benefits of landscaping are as set forth below: 1. Improved aesthetic appeal of nearby parcels. 2. Green space within the urban environment. 3. Enhances wind breaks. 4. Improved erosion resistance. 5. Improved dust control. 6. Tends to instill a sense of pride within the neighborhood. 7. The enhancement of the value of property which results from the foregoing benefits. The primary benefits of municipal parks are as set forth below: 1. Designated sites where children may gather to play without danger from traffic. 2. Designated sites where adult, youth and family activities can take place (i.e., picnics, baseball and softball leagues, soccer leagues, other athletic activities, art festivals, animal shows and training, etc.) 3. Green space and open space within the urban environment. 4. Availability of public restrooms. 5. The enhancement of the value of property which results from the foregoing benefits. 4.1.b Packet Pg. 162 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 9 The primary benefits of street lighting are set forth below: 1. Improvement to traffic circulation and reduction in nighttime accidents and attendant human misery and decrease in personal property loss. 2. The deterrence of crime and aid to police protection. 3. Promotion of business during nighttime hours. 4. Increased nighttime safety on roads and highways. 5. The improved ability of pedestrians and motorists to see, which helps people safely find their way. 6. Improved ingress and egress to lots and parcels. 7. Reduction in vandalism and other criminal acts, and reduced damage to improvements. 8. The enhancement to the value of property which results from the foregoing benefits. Zones of Benefit The 1972 Act provides for areas within a district to be classified into different zones of benefit. The District is divided into separate zones and sub-zones for funding landscaping, lighting and park improvements. The various zones and sub-zones are delineated on the Boundary Map on file in the office of the City Clerk. LANDSCAPING ZONES Landscaping is divided into three (3) benefit sub-zones. These sub-zones are labeled A-1, A-2 and A-3 and are comprised of the areas described below: LANDSCAPE ZONE DESCRIPTION Subzone A-1: All parcels in the fully inhabited areas of San Jacinto approximately bounded by the San Jacinto River, the southerly City Limit, the northerly prolongation of Pine Avenue, De Anza Drive, the San Diego Aqueduct, and the northerly City Limit to the San Jacinto River; with the exception of Subzones A-2 and A-3; and excluding parcels in Landscaping, Lighting and Park District No. 2. Subzone A-2: All parcels in the Soboba Springs (Village IV) Tract. Subzone A-3: All parcels in the Rancho San Jacinto area that are not in Landscaping, Lighting and Park District No. 2. STREET LIGHTING ZONES Street lighting is divided into two (2) benefit zones. These zones are labeled Zone B (lighted areas) and Zone C (non-lit outlying areas) and are comprised of the areas described below: 4.1.b Packet Pg. 163 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 10 STREET LIGHTING ZONE DESCRIPTION Zone B: Those parcels within the boundary of LLPD No. 1 that have street lights installed within close proximity or that are surrounded by areas that have street lights. Zone C: Those parcels within the boundary of LLPD No. 1 that have no street lights within a reasonable distance. These parcels are primarily in outlying areas with little or no population. PARKS ZONE Parks are comprised of a single citywide benefit zone designated Zone D and as described below: PARKS ZONE DESCRIPTION Zone D: All parcels within the District that are included in existing residential uses (including apartments, condominiums, PUD's, mobile home parks, recreational vehicle parks, etc.); commercial/industrial uses; and churches/fraternal organizations; and are included in petitions signed when they were developed. No vacant parcels are included. Assessment Formula The formula used to calculate the amount spread to all parcels within the District for landscaping, street lighting, and parks starts with the basic assessment unit (AU). The basic assessment unit is given a value of one (1) for a single-family residential parcel. From this base, the remaining parcels are related according to their equivalent benefit within each benefit zone or sub-zone. Zone A parcels are assessed for street landscaping separately in three (3) sub-zones. Zone B parcels are assessed for street lighting and Zone C parcels are not. Zone D residential and commercial/industrial parcels containing dwelling units or business establishments are assessed for municipal parks. Vacant parcels (agricultural, residential or commercial/industrial) are assigned 0.5 AU for landscaping and street lighting because they have a partial benefit due to the overall enhancement of the area and to the increase in property value from the installation and/or maintenance and servicing of said public improvements. Vacant parcels are not assessed for park maintenance. Commercial/industrial and public utility parcels are assigned 3.0 AU per acre (1.0 AU minimum, 10.0 AU maximum) for landscaping, street lighting, and parks based upon the fact that one acre of commercial/industrial property is the equivalent of three single family residences. Small residences (less than 1,000 square feet and/or less than 50 feet of frontage) (Land Use Code "RS") are assessed at a rate of 0.7 AU for landscaping and 1.0 AU for all other improvements due to smaller frontages relative to landscaping, but have the same benefit as other single-family residences from street lights and park maintenance. Condominiums and PUD's are assigned 0.9 AU for each type of maintenance because, although these units have most of the characteristics of a single family residence, they generally are somewhat smaller and have common areas and homeowner associations. Apartments and common unit condominiums are assigned 0.6 AU per apartment unit for landscape maintenance and 0.8 AU for each of the other types of indicated public improvement because apartment units are typically smaller than a single family residence. 4.1.b Packet Pg. 164 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 11 Mobile homes are assigned 0.5 AU per mobile home unit for landscaping and 0.7 AU for street lighting and parks because these units are generally smaller than single family residences or condominiums and are usually occupied by senior citizens who tend to benefit less from most of the indicated public facilities. Recreational vehicle (RV) parks (own or rental) are assessed at a rate of 0.3 AU for landscape maintenance and 0.7 AU for street lighting, and park and street tree maintenance for the same reasons cited for mobile home parks, except that RV parks often have high vacancies, especially during the summer months. Railroad parcels are assessed 0.5 AU per acre (1.0 AU minimum, 5.0 AU maximum) for street lighting only because street lighting causes a reduction in vandalism on railroad property and increases safety at railroad crossings, but receive less benefit than does single a family residence because of the reduced activity on railroad tracks. Churches and fraternal organizations are assigned 0.5 AU per acre (1.0 AU minimum, 4.0 AU maximum) for each type of indicated public improvement because these parcels obtain benefit from each type of improvement, but at a reduced rate due to the periodic use of the property. Assessments by zone, if applicable, are additive. As the land use on any specific parcel changes from one fiscal year to the next, the applicable assessment rate shall also change to reflect the change in land use. 4.1.b Packet Pg. 165 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 12 ASSESSMENT UNIT METHOD The following table shows the assessment formula using the AU method for the most common County land use codes. CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 1 ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD Land Use Code Land Use Zone A Landscaping Assessment Formula Zone B Lighting Assessment Formula Zone D Park Assessment Formula AA Agricultural Avocado Grove 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AC Agricultural Citrus Grove 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AD Agricultural Dairy 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AI Agricultural Irrigated Farm 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AL Agricultural Livestock 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AN Agricultural Non-Irrigated 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AO Agricultural - Other Crops 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AP Agricultural Poultry 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AR Agricultural Residential 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit AS Agricultural w/Structures 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AV Agricultural Vineyard 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel AY Agricultural Vacant 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel A1 Agricultural Other 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel CA Apartments 0.6 AU per Unit 0.8 AU per Unit 0.8 AU per Unit CF Churches, Fraternal Orgs. 0.5 AU per Acre (1.0 AU min, 4.0 AU max) 0.5 AU per Acre (1.0 AU min, 4.0 AU max) 0.5 AU per Acre (1.0 AU min, 4.0 AU max) 4.1.b Packet Pg. 166 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 13 ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD (Continued) Land Use Code Land Use Zone A Landscaping Assessment Formula Zone B Lighting Assessment Formula Zone D Park Assessment Formula CL Commercial/Industrial on Leased Land 3.0 AU per Acre (1.0 AU min, 10.0 AUmax) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) CR Commercial w/Residences 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit CY Commercial Vacant 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel C1 Commercial/Industrial 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AUmax) 3.0 AU per Acre (1.0 AU min, 10.0 AUmax) EP Exempt Public Property Exempt Exempt Exempt HO Homeowner's Assn, Open Space Exempt Exempt Exempt MF Mobilehome Legal Foundation 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel ML Mobilehome, Leased Lot 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel MO Mobilehome Assessed 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel MP Mobilehome Rental/Lease Lot 0.5 AU per MH Unit 0.7 AU per MH Unit 0.7 AU per MH Unit MR Mobilehome Lot Only 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel MT Mobilehome - Transient 0.3 AU per MH Unit 0.5 AU per MH Unit 0.5 AU per MH Unit M0 Mobilehome Assessed 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel M1 Mobilehome Assessed 0.5 AU per MH Parcel 0.7 AU per MH Parcel 0.7 AU per MH Parcel PA Ag Preserve Avocado Grove 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel 4.1.b Packet Pg. 167 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 14 ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD (Continued) Land Use Code Land Use Zone A Landscaping Assessment Formula Zone B Lighting Assessment Formula Zone D Park Assessment Formula PC Ag Preserve Citrus Grove 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PD Ag Preserve Dairy 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PI Ag Preserve Irrigated Farm 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PL Ag Preserve Livestock 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PN Ag Preserve Non-Irrigated 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PO Ag Preserve Other Crops 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PP Ag Preserve Poultry 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PR Ag Preserve Residential 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit PS Ag Preserve w/Structures 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PV Ag Preserve Vineyard 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PY Ag Preserve Vacant 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel P1 Ag Preserve Other 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel PX Ag Preserve 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel R- Residential 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit RA Residential Agriculture 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit RC Residential Condo/PUD 0.9 AU per Condo/PUD Unit 0.9 AU per Condo/PUD Unit 0.9 AU per Condo/PUD Unit R1 Residential Single Family 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 4.1.b Packet Pg. 168 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 15 ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD (Continued) Land Use Code Land Use Zone A Landscaping Assessment Formula Zone B Lighting Assessment Formula Zone D Park Assessment Formula R2 Residential Duplex/Triplex 0.8 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit RS 0.7 AU per Residential Unit 0.7 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit RR Railroad Parcels 0.0 AU per Parcel 0.5 AU per Acre (1.0 AU min, 5.0 AU max) 0.0 AU per Parcel RV Recreational Vehicle Lot 0.3 AU per RV Parcel 0.5 AU per RV Parcel 0.5 AU per RV Parcel UP Public Utility 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 3.0 AU per Acre (1.0 AU min, 10.0 AU max) 0.0 AU per Parcel YD Vacant Desert 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel YM Vacant Mountainous 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel YP Vacant - Prob. Residential 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel YR Vacant Residential 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel YS Vacant Land Miscellaneous 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel YY Vacant Remainder 0.5 AU per Parcel 0.5 AU per Parcel 0.0 AU per Parcel ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD (Continued) Notes: 1. Zone C is not assessed. 2. Public Utilities include gas, electricity, telephone, cable TV, etc. Public utility parcels are assessed in the same manner as commercial property because public utilities are “for profit” enterprises. 3. The fraternal organization category includes such organizations as the Elks Lodge, Moose Lodge, IOOF, Order of Eagles, Mason's, Women's Clubs, etc. 4. Public property includes that property that is exempt from assessment including property owned by the City, County, State, Federal Government, water districts and other special districts. 4.1.b Packet Pg. 169 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 16 BOUNDARIES AND ASSESSMENT DIAGRAM The boundaries of the District are completely within the City limits of the City of San Jacinto as shown on the boundary map included in this report. The boundary map and assessor’s maps serve as the assessment diagram for the District. The lines and dimensions shown on maps of the County Assessor for the current year are incorporated by reference herein and made part of this report. All parcels of real property included within the District are described in detail on the assessor’s maps. Parcels within Landscaping, Lighting and Park District No. 2, an assessment district formed in April, 2002 and subsequent annexations thereto, that are within the boundaries of Landscaping, Lighting and Park District No. 1 are not levied the Landscaping, Lighting and Park District No. 1 assessments. 4.1.b Packet Pg. 170 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) 4.1.bPacket Pg. 171Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 18 PETITION FOR PARK ASSESSMENTS The following parcels receive park assessments due to a one hundred percent (100%) petition at the time of development: COMMON ASSESSOR'S PARCEL NUMBERS TRACT NO. DESCRIPTION Book Page Parcel(s) 24907 Mt. Valier 547 19 All 20 All 21 All 27335 Richard Beck 431 410 001 thru 015 26729 Adjacent to Montage 433 401 019 thru 023 26020 Montage 433 40 All 25307 Horizons of San Jacinto 431 301 038 thru 076 25099 Castle Court 437 120 048 thru 058 24745 Forecast Development 434 370 009 thru 021 371 010 thru 039 24738 New Beginnings 431 36 All 37 All 24713 Annandale Park 434 43 All 24594 Jack in the Box / Chevron 434 080 030 & 035 24330 Las Brisas / Corsica 433 38 All 39 All 24190 Windsor Place 437 39 All 24140 Hermosa / FN Development 431 31 All 32 All 33 All 34 All 35 All 24054 Peacock Financial 438 46 All 47 All 24048 Peacock Financial 438 41 All 24047-1 Peacock Financial 439 30 All 23793 Barrat American 438 40 All 23791 Summerhill 433 37 All 23790 Evans & Las Rosas 433 36 All 23789 Esplanade & Las Rosas 433 34 All 35 All 23436 S/O Commonwealth 439 31 All Between Girard & Hewitt 32 All 22950 The Villas 434 40 All 46 All 22882 St. Michel 434 35 All 41 All 42 All 44 All 45 All 22667 Ann Arbor Homes 437 32 All 4.1.b Packet Pg. 172 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 19 COMMON ASSESSOR'S PARCEL NUMBERS TRACT NO. DESCRIPTION Book Page Parcel(s) 22665 Seventh & Pine 431 38 All 39 All 40 All 22347 B & L 435 29 All 24052 Treasures 438 44 All 23300 Industrial Condos 435 212 001 thru 036 21900 Soboba Springs 433 32 All 33 All 21564 Park Hill Collection 438 34 All 35 All 36 All 37 All 38 All 42 All CUP 1-88 Arco - AM/PM 434 070 032 18757 (unrec) Wayment (31 units) 437 251 039 18568 Forecast 433 24 All 25 All 31 All 18314 Heritage RV Park 433 28 All 29 All 30 All 16811 Park Hill Village 551 38 All 4.1.b Packet Pg. 173 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) City of San Jacinto - Landscaping, Lighting, and Park District No. 1 Fiscal Year 2018/19 Engineer’s Report 20 ASSESSMENT ROLL The assessment roll is provided on the following pages. The description of each lot or parcel as part of the records of the County Assessor are by reference made part of this report. 4.1.b Packet Pg. 174 Attachment: LLPD No. 1 FY 1819 Engineer's Report for Council (LLPD1 Reso to Levy 18/19) June 19, 2018 TO: City Council REQUESTED BY: Tom Prill, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: LLPD2 Reso to Levy 18/19 RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 3719 confirmin g a diagram and assessment and levying the assessment for the District for FY 18 -19. DISCUSSION: On June 5, 2018, the City Council adopted a Resolution declaring its intent to levy and collect assessments within the District for FY 18-19, accepting the Engineer’s Report (the “report”), giving notice and setting the time and place of the public hearing of the proposed assessment. The report has been filed with the City Clerk and is available for review by the public. The public hearing was duly noticed and the Resolution of Intent published setting the public hearing for Tuesday, June 19, 2018, at 6:30 p.m. This is the fourteenth year that assessments will be levied in the District. In FY 17 -2018, $3,126,507.34 was assessed on approximately 5,724 active parcels in 91 zones in the District. The Engineer’s Report for FY 18-19 proposes assessments of $3,877,988.70 in 91 zones (approximately 5,733 active parcels). Only properties with estimated special benefits, including initial operating reserve s, are being assessed in FY 18-19. Therefore, not all parcels and zones annexed into the District are being assessed either fully or partially in FY 18-19. The District is a post Proposition 218 District. Every year, the maximum assessment rate is increased by the CPI automatically, not to exceed 7.5%, but the actual assessment levies are based on the actual costs incurred to maintain the facilities of the district up to the maximum assessment. The one exception would be the establishing of reserves and advancing operating funds for new zones that do not receive the first installment on any LLPD assessments until January of 2018. The assessments in the District are much higher than LLPD 1 because the District is self- supporting with no subsidy from the General Fu nd. ALTERNATIVES: Property owner assessments pay for the maintenance of facilities (public street lighting, traffic signals, landscaping, graffiti removal, parks, drainage facilities, etc.) annexed into the district. Maintenance for the facilities would cease should the resolution to levy not be adopted. 4.2 Packet Pg. 175 FISCAL IMPACT: The District would levy and potentially receive $3,877,988.70 from property assessments, which would offset the costs of maintaining the District facilities. ATTACHMENTS: 06-19-18 LLPD 2 Reso Authorizing Annual Levy 18-19 LLPD No. 2 FY 1819 Engineer's Report for Council 4.2 Packet Pg. 176 Page 1 of 3 STATE OF CALIFORNIA ) RESOLUTION NO. 3719 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (LLPD 2) FOR FISCAL YEAR 2018-2019 (FY 18-19) WHEREAS, the City Council of the City of San Jacinto has initiated proceedings for the levy and collection of assessments for FY 18-19 for LLPD 2 pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within LLPD 2 of the City of San Jacinto, and WHEREAS, notice of said hearing was given pursuant to Section 22626 and duly published as required by Sections 22552 and 22553 of said Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the ar ea of assessable land within LLPD 2, had not been received. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. Findings. The City Council finds that: (a) The foregoing recitals are true and correct; (b) All of the applicable requirements of the Act have been satisfied; (c) A majority protest to the levy and collection of the proposed assessment has not been filed; (d) The City Council may therefore proceed to confirm the diagram and assessment for LLPD 2 for FY 18-19, and order the levy and collection of the assessment; 4.2.a Packet Pg. 177 Attachment: 06-19-18 LLPD 2 Reso Authorizing Annual Levy 18-19 (LLPD2 Reso to Levy 18/19) Page 2 of 3 (e) The assessments proposed to be levied on the lots and parcels of assessable property within LLPD 2 for the maintenance and servicing of public street lighting, traffic signals, landscaping, graffiti removal, parks, and appurtenant facilities during FY 18-19, as contained in the Engineer’s Report (the “report”) on file with the City Clerk, are based on the proportionate special benefit derived by such lots and parcels from the availability of such public improvements and facilities; (f) the proportionate special benefit derived by each such lot or parcel has been determined in relationship to the entirety of the cost of the maintenance and servicing of such public improvements and facilities; (g) such assessments do not exceed the reasonable cost of the proportional special benefit conferred on each such lot and parcel; and (h) such assessments will not exceed the maximum amounts of the assessments authorized by a vote of the property owners in LLPD 2. SECTION 2. Levy of Assessment. Pursuant to Section 22631 of the Streets and Highways Code, the adoption of this resolution constitutes the levy of the assessment for the maintenance and servicing of public street lighting, traffic signals, landscaping, graffiti removal, parks, and appurtenant facilities within LLPD 2 during FY 18-19, as contained in the report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the diagram and assessment contained in the r eport with the County Auditor of the County of Riverside, who, pursuant to Section 22645 of the Streets and Highways Code, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. 4.2.a Packet Pg. 178 Attachment: 06-19-18 LLPD 2 Reso Authorizing Annual Levy 18-19 (LLPD2 Reso to Levy 18/19) Page 3 of 3 APPROVED AND ADOPTED this 19th day of June, 2018 by the following vote: Ayes: Nays: Absent: Abstain: CITY OF SAN JACINTO: __________________________________ Crystal Ruiz, Mayor ATTEST: ___________________________________ Angela Walton, City Clerk APPROVED AS TO FORM: Best Best & Krieger, LLP Michael J. Maurer, City Attorney 4.2.a Packet Pg. 179 Attachment: 06-19-18 LLPD 2 Reso Authorizing Annual Levy 18-19 (LLPD2 Reso to Levy 18/19) OFFICE LOCATIONS: Temecula – Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 San Francisco – Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 California Satellite Offices Atascadero, Davis Huntington Beach, Joshua Tree, Riverside Sacramento, San Jose www.nbsgov.com Prepared by: Landscaping, Lighting, and Park District No. 2 2018/19 Engineer’s Report June 19, 2018 4.2.b Packet Pg. 180 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) TABLE OF CONTENTS ENGINEER’S LETTER ........................................................................................................ 1 OVERVIEW ...................................................................................................................... 1 Introduction ......................................................................................................................... 2 PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS .................................................. 3 ESTIMATE OF COSTS ....................................................................................................... 4 METHOD OF APPORTIONMENT ..................................................................................... 35 Method of Apportionment ................................................................................................ 35 Assessment Formula ......................................................................................................... 36 Assessment Unit Method .................................................................................................. 36 Consumer Price Index (CPI) Inflation ................................................................................ 37 ASSESSMENT DIAGRAM ................................................................................................ 38 ASSESSMENT ROLL ........................................................................................................ 39 4.2.b Packet Pg. 181 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) 4.2.bPacket Pg. 182Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 2 OVERVIEW Introduction This Report describes the City of San Jacinto Landscaping, Lighting, and Park District No. 2 and the charge per Assessment Unit (AU) for Fiscal Year 2018/19 based on the historical and estimated cost to maintain the improvements and provide the services that benefit parcels within the District. This District, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of: street lights and traffic signals; landscaped areas (parkways, medians, open space, detention/retention basins, etc.); municipal parks; drainage facilities; graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items; all of which are located in public rights-of-way or easements in the District. The District is divided into multiple zones to allow the assessments to properly match the special benefits provided by the improvements to the assessed parcels within the District. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own assessor’s parcel number by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses assessor’s parcel numbers and specific fund numbers to identify on the tax roll properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing and review of the Report, the City Council may confirm the Peport as submitted and order the levy and collection of assessments for Fiscal Year 2018/19. If approved, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2018/19. 4.2.b Packet Pg. 183 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 3 PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS Plans and specifications for the improvements have been prepared and approved as part of the improvement plans. These plans and specifications are on file and available for review at the office of the City Engineer and, by reference, have been made part of this Report. The City Council in the Resolutions of Initiation and Intent for Fiscal Year 2014/15, in accordance with the Streets and Highways Code Section 22622, added a flood control basin to the improvements maintained in Zone 38 (Coventry Acres). The flood control basin is composed of lots 1 through 12, inclusive, and lots 78 through 83, inclusive, of Tract Number 31097, in the City of San Jacinto, County of Riverside, State of California, as per map recorded in Book 398 pages 94 through 103, inclusive, of maps, in the Office of the Riverside County Recorder. The lots that compose the flood control basin are also known as assessor’s parcel numbers 434-520-001-9 through 434-520-012-9, inclusive, and 434-522-001-5 through 434-522- 006-0, inclusive. The addition of the flood control basin to the improvements maintained by Zone 38 will not result in an increase to the annual maximum assessment as increased by the annual inflator, approved by the property owners, and assessable on real property within the boundaries of Zone 38. The flood control basin is necessary to protect the Tract and Zone improvements from flooding until other flood control measures are in place. In Fiscal Year 2017/18, the authorized improvements for Zone 7 (Tesoro) included the repair of curbs, gutters and sidewalks located within the boundaries of the District. These improvements and services are anticipated to be included in future years. The inclusion of these improvements maintained by Zone 7 will not result in an increase of the annual maximum assessment allowed. 4.2.b Packet Pg. 184 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 4 ESTIMATE OF COSTS The following tables provide an estimate of the costs of the improvements for Fiscal Year 2018/19. The City determines the percentage of the maximum amount to be levied in each zone. These costs can include a reserve fund to cover a six-month portion of maintenance and servicing costs as well as an amount of surplus or deficit in the improvement fund from a previous fiscal year. The tables reflect the maximum amounts as well as actual amounts that will be levied for each zone. Zone 1 Sagecrest Development (State/Chase/Sagecrest) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $68.00 $17,173.40 $68.00 $17,173.42 Park Maintenance Levy 329.63 82,080.19 329.63 82,077.87 Landscape Maintenance Levy 24.01 5,978.65 24.01 5,978.49 Storm Drain Levy 257.21 64,958.39 257.21 64,958.38 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 0.00 0.00 0.00 0.00 Rounding Adjustment 0.00 0.00 (0.01) (2.50) Total $678.85 $170,190.62 $678.84 $170,185.66 Zone 1A Sagecrest Development (State/Chase/Sagecrest) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $100.44 $602.64 $100.44 $602.64 Park Maintenance Levy 303.27 1,819.62 303.27 1,819.62 Landscape Maintenance Levy 22.07 132.42 22.07 132.42 Storm Drain Levy 239.11 1,434.66 239.11 1,434.66 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 0.00 0.00 0.00 0.00 Rounding Adjustment 0.00 0.00 (0.01) (0.06) Total $664.89 $3,989.34 $664.88 $3,989.28 Zone 2 Meridian Estates (Washington/Meridian) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $82.94 $7,506.07 $82.94 $7,506.07 Park Maintenance Levy 139.11 12,519.90 139.11 12,519.90 Landscape Maintenance Levy 31.18 2,821.79 31.18 2,821.79 Storm Drain Levy 110.07 9,961.34 110.07 9,961.33 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 36.68 3,319.54 36.68 3,319.54 Rounding Adjustment 0.00 0.00 0.00 (0.01) Total $399.98 $36,128.64 $399.98 $36,128.62 4.2.b Packet Pg. 185 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 5 Zone 3 San Jacinto Ranch (Cottonwood/Kirby) – 80% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $73.04 $5,039.76 $58.43 $4,031.67 Park Maintenance Levy 853.13 58,865.97 682.51 47,093.19 Landscape Maintenance Levy 14.39 992.91 11.51 794.19 Storm Drain Levy 165.75 11,436.75 132.60 9,149.40 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 26.09 1,800.21 20.87 1,440.03 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,132.40 $78,135.60 $905.92 $62,508.48 Zone 4 Timothy Lane (Evans/Las Rosas) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $102.21 $3,781.77 $102.21 $3,781.77 Park Maintenance Levy 111.42 4,122.54 111.42 4,122.54 Landscape Maintenance Levy 37.60 1,391.20 37.60 1,391.20 Storm Drain Levy 325.21 12,032.77 325.21 12,032.77 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 36.13 1,336.81 36.13 1,336.81 Rounding Adjustment 0.00 0.00 (0.01) (0.37) Total $612.57 $22,665.09 $612.56 $22,664.72 Zone 5 Sunset Ranch (Ramona Blvd/Savory Lane) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $45.88 $2,982.20 $45.88 $2,982.20 Park Maintenance Levy 252.69 16,424.85 252.69 16,424.85 Landscape Maintenance Levy 6.95 451.75 6.95 451.75 Storm Drain Levy 360.27 23,417.55 360.27 23,417.55 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 31.14 2,024.10 31.14 2,024.10 Rounding Adjustment 0.00 0.00 (0.01) (0.65) Total $696.93 $45,300.45 $696.92 $45,299.80 4.2.b Packet Pg. 186 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 6 Zone 6 Heritage Ranch (Cottonwood/Palm) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $73.99 $4,883.34 $73.99 $4,883.34 Park Maintenance Levy 105.29 6,949.14 105.29 6,949.14 Landscape Maintenance Levy 148.76 9,818.16 148.76 9,818.16 Storm Drain Levy 330.83 21,834.78 330.83 21,834.78 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 30.63 2,021.58 30.63 2,021.58 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $689.50 $45,507.00 $689.50 $45,507.00 Zone 7 Tesoro (Cottonwood/Kirby) – 80% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $61.90 $15,413.10 $49.52 $12,330.48 Park Maintenance Levy 368.64 91,791.36 294.91 73,432.59 Landscape Maintenance Levy 36.13 8,996.37 28.91 7,198.59 Storm Drain Levy 265.66 66,149.34 212.53 52,919.97 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 34.87 8,682.63 27.89 6,944.61 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $767.20 $191,032.80 $613.76 $152,826.24 Zone 8 Meadowbrook/Solano (Kirby/7th Street) – 80% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $88.30 $29,757.10 $70.64 $23,805.68 Park Maintenance Levy 209.52 70,608.24 167.62 56,487.94 Landscape Maintenance Levy 81.78 27,559.86 65.42 22,046.54 Storm Drain Levy 186.25 62,766.25 149.00 50,213.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 37.25 12,553.25 29.80 10,042.60 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $603.10 $203,244.70 $482.48 $162,595.76 4.2.b Packet Pg. 187 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 7 Zone 9 Goldencrest (San Jacinto St./Ramona Expr.) – 60% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $66.14 $14,683.08 $39.68 $8,808.96 Park Maintenance Levy 124.43 27,623.46 74.66 16,574.52 Landscape Maintenance Levy 101.78 22,595.16 61.06 13,555.32 Storm Drain Levy 387.09 85,933.98 232.25 51,559.50 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 36.49 8,100.78 21.89 4,859.58 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $715.93 $158,936.46 $429.54 $95,357.88 Zone 10 (1 of 2) Maravilla – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $40.49 $3,725.08 $40.49 $3,725.08 Park Maintenance Levy 246.19 22,649.48 246.19 22,649.48 Landscape Maintenance Levy 11.46 1,054.32 11.46 1,054.32 Storm Drain Levy 60.34 5,551.28 60.34 5,551.28 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 23.28 2,141.76 23.28 2,141.76 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $381.76 $35,121.92 $381.76 $35,121.92 Zone 10 (2 of 2) Sendera – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $42.34 $3,598.90 $42.34 $3,598.90 Park Maintenance Levy 232.14 19,731.90 232.14 19,731.90 Landscape Maintenance Levy 25.59 2,175.15 25.59 2,175.15 Storm Drain Levy 59.91 5,092.35 59.91 5,092.35 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 21.78 1,851.30 21.78 1,851.30 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $381.76 $32,449.60 $381.76 $32,449.60 4.2.b Packet Pg. 188 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 8 Zone 11 Sandalwood (Cottonwood Ave.) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $63.36 $7,983.36 $63.36 $7,983.36 Park Maintenance Levy 584.63 73,663.38 584.63 73,663.38 Landscape Maintenance Levy 16.55 2,085.30 16.55 2,085.30 Storm Drain Levy 236.91 29,850.66 236.91 29,850.66 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 55.84 7,035.84 55.84 7,035.84 Rounding Adjustment 0.00 0.00 (0.01) (1.26) Total $957.29 $120,618.54 $957.28 $120,617.28 Zone 12 Windmill Plaza (Esplanade/Santa Fe) – 60% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $91.68 $2,288.33 $55.01 $1,373.06 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 42.06 1,049.82 25.24 630.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $133.74 $3,338.15 $80.25 $2,003.06 Zone 13 Park Meadows (7th Street/Lyon) – 70% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount(1) Street Light and Traffic Signal Maintenance Levy $87.50 $14,875.83 $61.25 $10,413.08 Park Maintenance Levy 473.94 80,570.13 331.76 56,399.09 Landscape Maintenance Levy 242.07 41,152.13 169.45 28,806.49 Storm Drain Levy 78.40 13,328.08 54.88 9,329.66 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 32.07 5,452.50 22.45 3,816.75 Rounding Adjustment 0.00 0.00 (0.00) (0.00) Total $913.99 $155,378.67 $639.79 $108,765.07 (1) The total amount levied was $106,017.50. 4.2.b Packet Pg. 189 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 9 Zone 14 MSJC (Eagle Dr/Country Village Dr) – 60% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $668.90 $668.90 $401.34 $401.34 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 0.00 0.00 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $668.90 $668.90 $401.34 $401.34 Zone 15 Willow Creek Apts. (S. Santa Fe/Esplanade) – 70% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $1,451.01 $1,451.01 $1,015.70 $1,015.70 Park Maintenance Levy 3,328.03 3,328.03 2,329.62 2,329.62 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 1,920.08 1,920.08 1,344.05 1,344.05 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 960.04 960.04 672.02 672.02 Rounding Adjustment 0.00 0.00 (0.01) (0.01) Total $7,659.16 $7,659.16 $5,361.38 $5,361.38 Zone 16 La Perla (7th Street/Santa Fe) – 70% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $77.74 $1,477.06 $54.42 $1,033.98 Park Maintenance Levy 156.14 2,966.66 109.30 2,076.70 Landscape Maintenance Levy 18.31 347.89 12.82 243.58 Storm Drain Levy 197.22 3,747.18 138.06 2,623.14 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 147.91 2,810.29 103.54 1,967.26 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $597.32 $11,349.08 $418.14 $7,944.66 4.2.b Packet Pg. 190 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 10 Zone 17 Cloverdale (Evans/Katrina Lane) – 60% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $55.87 $1,676.10 $33.52 $1,005.60 Park Maintenance Levy 126.67 3,800.10 76.00 2,280.00 Landscape Maintenance Levy 29.70 891.00 17.82 534.60 Storm Drain Levy 304.01 9,120.30 182.40 5,472.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 50.67 1,520.10 30.40 912.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $566.92 $17,007.60 $340.14 $10,204.20 Zone 18 500 S. State – 50% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $44.96 $921.23 $22.48 $460.66 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 43.34 888.04 21.67 444.05 Rounding Adjustment 0.00 0.00 0.00 (0.01) Total $88.30 $1,809.27 $44.15 $904.70 Zone 19-1 Walmart (State/Idyllwild,San Jacinto/Commonwealth) – 20% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $178.47 $13,074.71 $35.69 $2,614.95 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 93.85 6,875.45 18.77 1,375.18 Storm Drain Levy 648.60 47,516.44 129.72 9,503.28 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 80.41 5,890.84 16.08 1,178.15 Rounding Adjustment 0.00 0.00 0.00 (0.02) Total $1,001.33 $73,357.44 $200.27 $14,671.54 4.2.b Packet Pg. 191 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 11 Zone 19-2 Cali Coffee – Santana’s (State/Idyllwild,San Jacinto/Commonwealth) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $638.62 $2,452.29 $638.62 $2,452.29 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 611.44 2,347.95 611.44 2,347.95 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,250.06 $4,800.24 $1,250.06 $4,800.24 Zone 20 Durango (Main/Ramona Exp.) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $102.56 $13,640.48 $102.56 $13,640.48 Park Maintenance Levy 330.65 43,976.45 330.65 43,976.45 Landscape Maintenance Levy 61.69 8,204.77 61.69 8,204.77 Storm Drain Levy 282.86 37,620.38 282.86 37,620.38 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 34.94 4,647.02 34.94 4,647.02 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $812.70 $108,089.10 $812.70 $108,089.10 Zone 21 Arterra (Palm/7th Street) – 80% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $100.46 $14,667.16 $80.37 $11,734.02 Park Maintenance Levy 233.46 34,085.16 186.77 27,268.42 Landscape Maintenance Levy 60.89 8,889.94 48.71 7,111.66 Storm Drain Levy 64.59 9,430.14 51.67 7,543.82 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 49.68 7,253.28 39.74 5,802.04 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $509.08 $74,325.68 $407.26 $59,459.96 4.2.b Packet Pg. 192 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 12 Zone 22 Park Hill (Park/Hewitt) – 75% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $84.38 $11,306.92 $63.28 $8,479.52 Park Maintenance Levy 171.44 22,972.96 128.58 17,229.72 Landscape Maintenance Levy 347.08 46,508.72 260.31 34,881.54 Storm Drain Levy 294.50 39,463.00 220.87 29,596.58 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 31.87 4,270.58 23.90 3,202.60 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $929.27 $124,522.18 $696.94 $93,389.96 Zone 23 Sumerfield Ranch (7th Street/Palm) – 70% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $106.75 $8,753.50 $74.72 $6,127.04 Park Maintenance Levy 81.49 6,682.18 57.04 4,677.28 Landscape Maintenance Levy 59.13 4,848.66 41.39 3,393.98 Storm Drain Levy 354.91 29,102.62 248.44 20,372.08 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 44.06 3,612.92 30.84 2,528.88 Rounding Adjustment 0.00 0.00 (0.01) (0.82) Total $646.34 $52,999.88 $452.42 $37,098.44 Zone 24 El Toro Market (670 S. State Street) – 60% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $127.64 $1,524.02 $76.59 $914.48 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 91.62 1,093.94 54.98 656.41 Rounding Adjustment 0.00 0.00 0.00 (0.01) Total $219.26 $2,617.96 $131.56 $1,570.88 4.2.b Packet Pg. 193 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 13 Zone 25 Stallions Crossing (Cottonwood/Lyon) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $140.17 $14,437.51 $140.17 $14,437.51 Park Maintenance Levy 202.72 20,880.16 202.72 20,880.16 Landscape Maintenance Levy 102.47 10,554.41 102.47 10,554.41 Storm Drain Levy 120.07 12,367.21 120.07 12,367.21 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 54.02 5,564.06 54.02 5,564.06 Rounding Adjustment 0.00 0.00 (0.01) (1.03) Total $619.45 $63,803.35 $619.44 $63,802.32 Zone 26 The Ranch (Cottonwood/Cawston/7th Street) – 85% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $88.10 $25,989.50 $74.88 $22,089.60 Park Maintenance Levy 358.67 105,807.65 304.87 89,936.65 Landscape Maintenance Levy 50.79 14,983.05 43.17 12,735.15 Storm Drain Levy 241.30 71,183.50 205.11 60,507.45 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 33.10 9,764.50 28.13 8,298.35 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $771.96 $227,728.20 $656.16 $193,567.20 Zone 27 Potter Ranch (Ramona Blvd/Potter Rd.) – 90% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $101.01 $26,565.63 $90.91 $23,909.33 Park Maintenance Levy 309.15 81,306.45 278.24 73,177.12 Landscape Maintenance Levy 30.51 8,024.13 27.46 7,221.98 Storm Drain Levy 201.05 52,876.15 180.95 47,589.85 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 34.90 9,178.70 31.41 8,260.83 Rounding Adjustment 0.00 0.00 (0.01) (2.63) Total $676.62 $177,951.06 $608.96 $160,156.48 4.2.b Packet Pg. 194 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 14 Zone 28 Mountain View Business Park (Main Street/Dillon Ave.) – 20% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount(1) Street Light and Traffic Signal Maintenance Levy $479.20 $479.20 $94.84 $94.84 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 1,293.85 1,293.85 258.77 258.77 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,773.05 $1,773.05 $351.61 $354.61 (1) The total amount levied was $340.40. Zone 29 Creekside (Cottonwood/Palm Ave.) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $111.52 $15,947.36 $111.52 $15,947.36 Park Maintenance Levy 271.51 38,825.93 271.51 38,825.93 Landscape Maintenance Levy 71.36 10,204.48 71.36 10,204.48 Storm Drain Levy 310.17 44,354.31 310.17 44,354.31 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 32.99 4,717.57 32.99 4,717.57 Rounding Adjustment 0.00 0.00 (0.01) (1.43) Total $797.55 $114,049.65 $797.54 $114,048.22 Zone 30 Almaden (Lyon/DeAnza Ave.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $84.40 $7,427.20 $0.00 $0.00 Park Maintenance Levy 306.49 26,971.12 0.00 0.00 Landscape Maintenance Levy 94.12 8,282.56 0.00 0.00 Storm Drain Levy 424.95 37,395.60 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 46.82 4,120.16 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $956.78 $84,196.64 $0.00 $0.00 4.2.b Packet Pg. 195 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 15 Zone 31 Belicia (Washington/Mountain Ave.) – 95% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $81.92 $4,997.12 $77.82 $4,747.02 Park Maintenance Levy 180.93 11,036.73 171.88 10,484.68 Landscape Maintenance Levy 6.15 375.15 5.84 356.24 Storm Drain Levy 550.63 33,588.43 523.10 31,909.10 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 53.77 3,279.97 51.08 3,115.88 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $873.40 $53,277.40 $829.72 $50,612.92 Zone 32 Cottonwood Ranch (Cottonwood/Kirby Ave.) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $95.73 $12,540.63 $95.73 $12,540.63 Park Maintenance Levy 347.82 45,564.42 347.82 45,564.42 Landscape Maintenance Levy 36.18 4,739.58 36.18 4,739.58 Storm Drain Levy 331.81 43,467.11 331.81 43,467.11 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 32.57 4,266.67 32.57 4,266.67 Rounding Adjustment 0.00 0.00 (0.01) (1.31) Total $844.11 $110,578.41 $844.10 $110,577.10 Zone 33 Daybreak (Esplanade/Meridian Ave.) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $90.15 $9,285.45 $90.15 $9,285.45 Park Maintenance Levy 391.60 40,334.80 391.60 40,334.80 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 34.24 3,526.72 34.24 3,526.72 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 60.66 6,247.98 60.66 6,247.98 Rounding Adjustment 0.00 0.00 (0.01) (1.03) Total $576.65 $59,394.95 $576.64 $59,393.92 4.2.b Packet Pg. 196 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 16 Zone 34 Palmilla (Washington/Arroyo Viejo) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $75.96 $4,861.44 $75.96 $4,861.44 Park Maintenance Levy 394.54 25,250.56 394.54 25,250.56 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 34.50 2,208.00 34.50 2,208.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 62.59 4,005.76 62.59 4,005.76 Rounding Adjustment 0.00 0.00 (0.01) (0.64) Total $567.59 $36,325.76 $567.58 $36,325.12 Zone 35 Terragon (Washington/Berringer) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $54.79 $3,999.67 $54.79 $3,999.67 Park Maintenance Levy 400.24 29,217.52 400.24 29,217.52 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 35.01 2,555.73 35.01 2,555.73 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 63.62 4,644.26 63.62 4,644.26 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $553.66 $40,417.18 $553.66 $40,417.18 Zone 36 Cypress (Washington/Arroyo Viejo) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $76.25 $6,405.00 $76.25 $6,405.00 Park Maintenance Levy 393.63 33,064.92 393.63 33,064.92 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 34.43 2,892.12 34.43 2,892.12 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 62.87 5,281.08 62.87 5,281.08 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $567.18 $47,643.12 $567.18 $47,643.12 4.2.b Packet Pg. 197 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 17 Zone 37 Cypress/Daybreak (Washington/Villines) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $79.63 $3,742.61 $79.63 $3,742.61 Park Maintenance Levy 393.31 18,485.57 393.31 18,485.57 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 34.39 1,616.33 34.39 1,616.33 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 66.75 3,137.25 66.75 3,137.25 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $574.08 $26,981.76 $574.08 $26,981.76 Zone 38 Coventry Acres (Palm Ave/De Anza Dr) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $64.82 $12,704.72 $64.82 $12,704.72 Park Maintenance Levy 378.60 74,205.60 378.60 74,205.60 Landscape Maintenance Levy 16.24 3,183.04 16.24 3,183.04 Storm Drain Levy 169.64 33,249.44 169.64 33,249.44 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 32.79 6,426.84 32.79 6,426.84 Rounding Adjustment 0.00 0.00 (0.01) (1.96) Total $662.09 $129,769.64 $662.08 $129,767.68 Zone 39 The Trails (Washington/Meridian) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $78.64 $7,234.88 $78.64 $7,234.88 Park Maintenance Levy 384.97 35,417.24 384.97 35,417.24 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 33.67 3,097.64 33.67 3,097.64 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 62.20 5,722.40 62.20 5,722.40 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $559.48 $51,472.16 $559.48 $51,472.16 4.2.b Packet Pg. 198 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 18 Zone 40 Winners Circle (7th Street/Kirby) – 30% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $196.58 $2,555.54 $58.97 $766.61 Park Maintenance Levy 137.38 1,785.94 41.21 535.73 Landscape Maintenance Levy 19.87 258.31 5.96 77.48 Storm Drain Levy 211.36 2,747.68 63.40 824.20 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 158.51 2,060.63 47.55 618.15 Rounding Adjustment 0.00 0.00 (0.01) (0.13) Total $723.70 $9,408.10 $217.08 $2,822.04 Zone 41 Mosaico (Lyon Ave) – 80% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $71.93 $6,545.63 $57.54 $5,236.14 Park Maintenance Levy 346.24 31,507.84 276.99 25,206.09 Landscape Maintenance Levy 39.60 3,603.60 31.68 2,882.88 Storm Drain Levy 152.79 13,903.89 122.23 11,122.93 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 297.59 27,080.69 238.07 21,664.37 Rounding Adjustment 0.00 0.00 (0.01) (0.91) Total $908.15 $82,641.65 $726.50 $66,111.50 Zone 42 Santa Bella (Commonwealth Ave.) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $104.75 $3,771.00 $104.75 $3,771.00 Park Maintenance Levy 386.64 13,919.04 386.64 13,919.04 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 33.82 1,217.52 33.82 1,217.52 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 70.10 2,523.60 70.10 2,523.60 Rounding Adjustment 0.00 0.00 (0.01) (0.36) Total $595.31 $21,431.16 $595.30 $21,430.80 4.2.b Packet Pg. 199 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 19 Zone 43 Remington/Lyndon Trails (Esplanade Ave.) – 90% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $72.64 $14,745.92 $65.38 $13,272.14 Park Maintenance Levy 365.42 74,180.26 328.87 66,760.61 Landscape Maintenance Levy 123.89 25,149.67 111.50 22,634.50 Storm Drain Levy 123.97 25,165.91 111.57 22,648.71 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 34.08 6,918.24 30.67 6,226.01 Rounding Adjustment 0.00 0.00 (0.01) (2.03) Total $720.00 $146,160.00 $647.98 $131,539.94 Zone 44 Lyon/Shadow Canyon Trail (Lyon Ave.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $98.48 $9,848.00 $0.00 $0.00 Park Maintenance Levy 138.49 13,849.00 0.00 0.00 Landscape Maintenance Levy 206.07 20,607.00 0.00 0.00 Storm Drain Levy 107.33 10,733.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 38.77 3,877.00 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $589.14 $58,914.00 $0.00 $0.00 Zone 45 Tamarisk (Cottonwood Ave.) – 85% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $68.89 $17,429.17 $58.56 $14,815.68 Park Maintenance Levy 596.76 150,980.28 507.25 128,334.25 Landscape Maintenance Levy 44.55 11,271.15 37.87 9,581.11 Storm Drain Levy 243.61 61,633.33 207.07 52,388.71 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 33.41 8,452.73 28.40 7,185.20 Rounding Adjustment 0.00 0.00 (0.01) (2.53) Total $987.22 $249,766.66 $839.14 $212,302.42 4.2.b Packet Pg. 200 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 20 Zone 46 Parkside Village (Sanderson Ave.) – 80% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $69.67 $9,753.80 $55.73 $7,802.20 Park Maintenance Levy 184.74 25,863.60 147.79 20,690.60 Landscape Maintenance Levy 139.50 19,530.00 111.60 15,624.00 Storm Drain Levy 374.80 52,472.00 299.84 41,977.60 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 34.32 4,804.80 27.46 3,844.40 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $803.03 $112,424.20 $642.42 $89,938.80 Zone 47 Maravilla Estates (Ramona Expressway) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $47.81 $10,660.99 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 190.76 42,539.20 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 63.91 14,251.47 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $302.47 $67,451.66 $0.00 $0.00 Zone 48 San Jacinto Valley Academy (San Jacinto Ave.) – 60% Description Maximum Per AU Maximum Amount Actual Per AU) Actual Amount(1) Street Light and Traffic Signal Maintenance Levy $1,021.00 $1,021.00 $612.60 $612.60 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 1,879.40 1,879.40 1,127.63 1,127.63 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 1,313.00 1,313.00 787.80 787.80 Rounding Adjustment 0.00 0.00 (0.00) (0.00) Total $4,213.40 $4,213.40 $2,528.03 $2,528.03 (1) The total amount levied was $1,213.44. 4.2.b Packet Pg. 201 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 21 Zone 49 Pheasant Run (Main Street/Camino Los Banos) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $79.64 $14,175.92 $0.00 $0.00 Park Maintenance Levy 175.20 31,185.60 0.00 0.00 Landscape Maintenance Levy 99.11 17,641.58 0.00 0.00 Storm Drain Levy 418.49 74,491.22 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 53.08 9,448.24 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $825.52 $146,942.56 $0.00 $0.00 Zone 50 The Trails (Blodgett St.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $77.88 $45,378.34 $0.00 $0.00 Park Maintenance Levy 565.21 329,330.91 0.00 0.00 Landscape Maintenance Levy 155.45 90,576.05 0.00 0.00 Storm Drain Levy 169.27 98,628.55 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 32.41 18,884.33 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,000.22 $582,798.19 $0.00 $0.00 Zone 51 SJ Retail (Esplanade/Sanderson) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $236.20 $9,417.33 $236.20 $9,417.33 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 291.11 11,606.62 291.11 11,606.62 Storm Drain Levy 252.87 10,082.07 252.87 10,082.07 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 307.06 12,242.65 307.06 12,242.65 Rounding Adjustment 0.00 0.00 0.00 (0.05) Total $1,087.24 $43,348.67 $1,087.24 $43,348.62 4.2.b Packet Pg. 202 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 22 Zone 52 Graciella Court (6th Street) – 10% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $277.25 $2,495.25 $27.72 $249.48 Park Maintenance Levy 192.38 1,731.42 19.23 173.07 Landscape Maintenance Levy 34.04 306.36 3.40 30.60 Storm Drain Levy 213.75 1,923.75 21.37 192.33 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 213.75 1,923.75 21.37 192.33 Rounding Adjustment 0.00 0.00 (0.01) (0.09) Total $931.17 $8,380.53 $93.08 $837.72 Zone 53 The Cove (Cottonwood Ave.) – 30% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $89.50 $9,666.00 $26.85 $2,899.80 Park Maintenance Levy 375.75 40,581.00 112.72 12,173.76 Landscape Maintenance Levy 436.15 47,104.20 130.84 14,130.72 Storm Drain Levy 295.82 31,948.56 88.74 9,583.92 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 27.63 2,984.04 8.28 894.24 Rounding Adjustment 0.00 0.00 (0.01) (1.08) Total $1,224.85 $132,283.80 $367.42 $39,681.36 Zone 54 Santa Fe Apartments (Santa Fe Ave.) – 60% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $733.81 $733.81 $440.29 $440.29 Park Maintenance Levy 1,211.74 1,211.74 727.04 727.04 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 1,363.18 1,363.18 817.90 817.90 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 817.91 817.91 490.74 490.74 Rounding Adjustment 0.00 0.00 (0.01) (0.01) Total $4,126.64 $4,126.64 $2,475.96 $2,475.96 4.2.b Packet Pg. 203 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 23 Zone 55 The Cove (Cottonwood Ave.) – 25% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $92.41 $12,752.58 $23.10 $3,187.80 Park Maintenance Levy 375.47 51,814.86 93.86 12,952.68 Landscape Maintenance Levy 435.82 60,143.16 108.95 15,035.10 Storm Drain Levy 295.59 40,791.42 73.89 10,196.82 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 27.37 3,777.06 6.84 943.92 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,226.66 $169,279.08 $306.64 $42,316.32 Zone 57 7th Ave. East of Kirby (Sanderson Ave.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $208.21 $3,331.36 $0.00 $0.00 Park Maintenance Levy 218.30 3,492.80 0.00 0.00 Landscape Maintenance Levy 33.52 536.32 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 204.65 3,274.40 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $664.68 $10,634.88 $0.00 $0.00 Zone 58 SE Corner of 7th & Lyon (Kirby St.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $102.06 $5,307.12 $0.00 $0.00 Park Maintenance Levy 169.97 8,838.44 0.00 0.00 Landscape Maintenance Levy 150.26 7,813.52 0.00 0.00 Storm Drain Levy 722.21 37,554.92 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 29.28 1,522.56 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,173.78 $61,036.56 $0.00 $0.00 4.2.b Packet Pg. 204 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 24 Zone 59 Rite Aide (State St./Ramona Expwy) – 70% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $242.43 $6,744.40 $169.71 $4,721.21 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 703.38 19,568.03 492.37 13,697.73 Storm Drain Levy 378.35 10,525.70 264.85 7,367.99 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 294.27 8,186.59 205.99 5,730.70 Rounding Adjustment 0.00 0.00 0.00 (0.03) Total $1,618.43 $45,024.72 $1,132.91 $31,517.60 Zone 60 Stater Bros (State St./Ramona Expwy) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $177.97 $7,117.02 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 577.26 23,084.63 0.00 0.00 Storm Drain Levy 499.49 19,974.61 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 299.69 11,984.60 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,554.41 $62,160.86 $0.00 $0.00 Zone 61 Oostdam Dr. & Ivy Crest Dr. (Sanderson Ave./Kirby St.) –0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $130.97 $4,845.89 $0.00 $0.00 Park Maintenance Levy 119.49 4,421.13 0.00 0.00 Landscape Maintenance Levy 40.84 1,511.08 0.00 0.00 Storm Drain Levy 339.13 12,547.81 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 64.59 2,389.83 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $695.02 $25,715.74 $0.00 $0.00 4.2.b Packet Pg. 205 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 25 Zone 62 Meadowbrook II (Esplanade Ave./Kirby St.) – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $110.12 $6,276.84 $110.12 $6,276.84 Park Maintenance Levy 101.88 5,807.16 101.88 5,807.16 Landscape Maintenance Levy 243.53 13,881.21 243.53 13,881.21 Storm Drain Levy 661.45 37,702.65 661.45 37,702.65 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 53.62 3,056.34 53.62 3,056.34 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,170.60 $66,724.20 $1,170.60 $66,724.20 Zone 63 Palisades Ranch (Catalpa Park) (Seventh St./Crawson Ave.) – 60% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $77.51 $8,991.16 $46.50 $5,394.00 Park Maintenance Levy 72.16 8,370.56 43.29 5,021.64 Landscape Maintenance Levy 1,044.07 121,112.12 626.44 72,667.04 Storm Drain Levy 398.81 46,261.96 239.28 27,756.48 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 53.17 6,167.72 31.90 3,700.40 Rounding Adjustment 0.00 0.00 (0.01) (1.16) Total $1,645.72 $190,903.52 $987.40 $114,538.40 Zone 64 The Enclave (Sanderson Ave./Lyon Ave.) – 50% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $438.55 $2,192.75 $219.27 $1,096.35 Park Maintenance Levy 178.18 890.90 89.09 445.45 Landscape Maintenance Levy 138.45 692.25 69.22 346.10 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 285.10 1,425.50 142.55 712.75 Rounding Adjustment 0.00 0.00 (0.01) (0.05) Total $1,040.28 $5,201.40 $520.12 $2,600.60 4.2.b Packet Pg. 206 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 26 Zone 65 Cheyenne (Sanderson Ave./Kirby St.) – 50% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $126.25 $3,661.25 $63.12 $1,830.48 Park Maintenance Levy 158.22 4,588.38 79.11 2,294.19 Landscape Maintenance Levy 349.64 10,139.56 174.82 5,069.78 Storm Drain Levy 684.20 19,841.80 342.10 9,920.90 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 85.51 2,479.79 42.75 1,239.75 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,403.82 $40,710.78 $701.90 $20,355.10 Zone 66 Palm/Cottonwood (Palm Ave./De Anza Dr.) – 5% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $161.45 $3,551.90 $8.07 $177.54 Park Maintenance Levy 174.22 3,832.84 8.71 191.62 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 475.15 10,453.30 23.75 522.50 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 95.03 2,090.66 4.75 104.50 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $905.85 $19,928.70 $45.28 $996.16 Zone 67 Park Avenue Estates (Hewitt St.) – 90% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $141.09 $4,938.15 $126.98 $4,444.30 Park Maintenance Levy 132.04 4,621.40 118.84 4,159.40 Landscape Maintenance Levy 264.56 9,259.60 238.10 8,333.50 Storm Drain Levy 482.92 16,902.20 434.62 15,211.70 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 90.54 3,168.90 81.49 2,852.15 Rounding Adjustment 0.00 0.00 (0.01) (0.35) Total $1,111.15 $38,890.25 $1,000.02 $35,000.70 4.2.b Packet Pg. 207 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 27 Zone 68 Shaver East of Los Banos (Hewitt St.) – 60% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $257.56 $2,575.60 $154.53 $1,545.30 Park Maintenance Levy 224.29 2,242.90 134.57 1,345.70 Landscape Maintenance Levy 85.31 853.10 51.18 511.80 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 336.44 3,364.40 201.86 2,018.60 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $903.60 $9,036.00 $542.14 $5,421.40 Zone 69 Calvary Chapel (Lyon Ave.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $99.51 $4,304.80 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 130.68 5,653.22 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 136.13 5,888.98 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $366.32 $15,847.00 $0.00 $0.00 Zone 70 Wateka/DeAnza (Ramona Blvd.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $142.53 $1,567.83 $0.00 $0.00 Park Maintenance Levy 149.01 1,639.11 0.00 0.00 Landscape Maintenance Levy 80.38 884.18 0.00 0.00 Storm Drain Levy 650.24 7,152.64 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 203.20 2,235.20 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,225.36 $13,478.96 $0.00 $0.00 4.2.b Packet Pg. 208 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 28 Zone 71 Edelbrock (Esplanade Ave./Buena Vista St.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $308.93 $2,205.76 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 302.69 2,161.21 0.00 0.00 Storm Drain Levy 1,220.84 8,716.80 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 569.72 4,067.80 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $2,402.18 $17,151.57 $0.00 $0.00 Zone 72 Thayer Animal Hospital (State St./Seventh St.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $243.76 $1,053.04 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 1,723.35 7,444.87 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 822.70 3,554.06 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $2,789.81 $12,051.98 $0.00 $0.00 Zone 73 San Jacinto Villas – 55% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $85.41 $1,222.22 $46.98 $672.22 Park Maintenance Levy 603.51 8,636.23 331.93 4,749.97 Landscape Maintenance Levy 47.85 684.73 26.32 376.63 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 312.93 4,478.03 172.11 2,462.94 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $1,049.70 $15,021.21 $577.34 $8,261.76 4.2.b Packet Pg. 209 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 29 Zone 74 Ramona Crossings (State St./Ramona Blvd.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $107.78 $1,484.13 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 103.63 1,426.99 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 391.01 5,384.21 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $602.42 $8,295.32 $0.00 $0.00 Zone 75 SJUSD Nutrition Center (Cottonwood Ave./State St.) – 10% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $355.79 $2,476.30 $35.58 $247.63 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 632.21 4,400.18 63.22 440.01 Rounding Adjustment 0.00 0.00 0.00 (0.02) Total $988.00 $6,876.48 $98.80 $687.62 Zone 76 Luz del Sol (Ramona Exwy./Ramona Blvd./Bridge Rd.) – 80% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $55.76 $17,898.96 $44.60 $14,316.60 Park Maintenance Levy 677.06 217,336.26 541.65 173,869.65 Landscape Maintenance Levy 350.62 112,549.02 280.50 90,040.50 Storm Drain Levy 406.79 130,579.59 325.43 104,463.03 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 49.59 15,918.39 39.67 12,734.07 Rounding Adjustment 0.00 0.00 (0.01) (3.21) Total $1,539.82 $494,282.22 $1,231.84 $395,420.64 4.2.b Packet Pg. 210 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 30 Zone 77 Kalpesh Homes (Ramona Blvd./Savi St. - Lyon Ave./De Anza Dr.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $112.59 $5,066.55 $0.00 $0.00 Park Maintenance Levy 124.43 5,599.35 0.00 0.00 Landscape Maintenance Levy 199.43 8,974.35 0.00 0.00 Storm Drain Levy 442.40 19,908.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 105.07 4,728.15 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $983.92 $44,276.40 $0.00 $0.00 Zone 78 Carolino Homes – (Shaver and Anda Loop) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $218.64 $3,060.96 $0.00 $0.00 Park Maintenance Levy 220.95 3,093.30 0.00 0.00 Landscape Maintenance Levy 101.71 1,423.94 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 284.08 3,977.12 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $825.38 $11,555.32 $0.00 $0.00 Zone 79 State Street Auto Body (Lyon Ave./De Anza Dr.) – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $526.76 $1,501.27 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 0.00 0.00 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 1,758.08 5,010.53 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $2,284.84 $6,511.79 $0.00 $0.00 4.2.b Packet Pg. 211 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 31 Zone 80 AutoZone – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $398.06 $1,182.24 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 163.57 485.80 0.00 0.00 Storm Drain Levy 693.14 2,058.63 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 1,386.28 4,117.25 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $2,641.05 $7,843.92 $0.00 $0.00 Zone 82 SJ West Congregation – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $602.72 $2,133.63 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 522.11 1,848.27 0.00 0.00 Storm Drain Levy 0.00 0.00 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 1,443.83 5,111.16 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $2,568.66 $9,093.06 $0.00 $0.00 Zone 83 790 S. State Street – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $391.39 $962.82 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 164.00 403.44 0.00 0.00 Storm Drain Levy 1,817.41 4,470.83 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 1,363.06 3,353.13 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $3,735.86 $9,190.22 $0.00 $0.00 4.2.b Packet Pg. 212 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 32 Zone 84 Parkside Medical Center – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $77.34 $3,740.16 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 278.62 13,474.06 0.00 0.00 Storm Drain Levy 376.36 18,200.77 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 75.99 3,674.88 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $808.31 $39,089.87 $0.00 $0.00 Zone 85 Gupta Medical Center – 5% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $389.46 $1,425.42 $19.47 $71.27 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 263.92 965.95 13.19 48.29 Storm Drain Levy 1,164.29 4,261.30 58.21 213.06 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 873.21 3,195.95 43.66 159.79 Rounding Adjustment 0.00 0.00 (0.00) (0.01) Total $2,690.88 $9,848.62 $134.54 $492.40 Zone 86 CVS – 10% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $426.81 $4,327.85 $42.68 $432.79 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 1,135.62 11,515.19 113.56 1,151.52 Storm Drain Levy 446.10 4,523.45 44.61 452.35 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 297.40 3,015.64 29.74 301.57 Rounding Adjustment 0.00 0.00 0.00 (0.01) Total $2,305.93 $23,382.13 $230.59 $2,338.22 4.2.b Packet Pg. 213 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 33 Zone 88 Family Dollar – 100% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $224.70 $1,186.42 $224.70 $1,186.42 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 374.81 1,978.99 374.81 1,978.99 Storm Drain Levy 436.64 2,305.48 436.64 2,305.48 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 804.34 4,246.93 804.34 4,246.93 Sidewalk Maintenance Levy 198.63 1,048.79 198.63 1,048.79 Rounding Adjustment 0.00 0.00 0.00 (0.01) Total $2,039.12 $10,766.61 $2,039.12 $10,766.60 Zone 89 Kirby Village – 50% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $97.11 $3,495.96 $48.55 $1,747.80 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 72.06 2,594.16 36.03 1,297.08 Storm Drain Levy 55.64 2,003.04 27.82 1,001.52 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 102.50 3,690.00 51.25 1,845.00 Sidewalk Maintenance Levy 37.90 1,364.40 18.95 682.20 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $365.21 $13,147.56 $182.60 $6,573.60 Zone 90 Circle K – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $241.94 $1,212.12 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 2,169.85 10,870.95 0.00 0.00 Storm Drain Levy 829.42 4,155.39 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 737.26 3,693.67 0.00 0.00 Sidewalk Maintenance Levy 377.98 1,893.68 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $4,356.45 $21,825.81 $0.00 $0.00 4.2.b Packet Pg. 214 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 34 Zone 91 O’ Reilly Auto Parts – 0% Description Maximum Per AU Maximum Amount Actual Per AU Actual Amount Street Light and Traffic Signal Maintenance Levy $337.15 $1,385.69 $0.00 $0.00 Park Maintenance Levy 0.00 0.00 0.00 0.00 Landscape Maintenance Levy 1,888.35 7,761.12 0.00 0.00 Storm Drain Levy 145.88 599.57 0.00 0.00 Detention Basin 0.00 0.00 0.00 0.00 Graffiti Removal 572.08 2,351.25 0.00 0.00 Sidewalk Maintenance Levy 195.51 803.55 0.00 0.00 Rounding Adjustment 0.00 0.00 0.00 0.00 Total $3,138.97 $12,901.17 $0.00 $0.00 4.2.b Packet Pg. 215 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 35 METHOD OF APPORTIONMENT Method of Apportionment The net amount to be assessed upon parcels within the District is apportioned by a formula and method designed to fairly distribute such amount among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements within the District. The maintenance and servicing of public landscaping, lighting, park facilities and street trees installed and constructed in public places in the City of San Jacinto provides a special benefit which is received by each and every lot or parcel within the specified zones of benefit in the District. Landscaping and street trees within the District enhance the aesthetic appeal of parcels within the landscaping and street tree zones. Such landscaping improves erosion resistance and dust control. Street lights improve ingress and egress of such lots or parcels by illuminating access after sunset. Such street lights, by so improving ingress and egress, improve the security of such lots or parcels by improving the nighttime visibility of such lots or parcels and improve the access of emergency vehicles thereto, and in the case of commercial lots or parcels, facilitate the opening and operation of business uses after sunset. The primary benefits of landscaping and street trees are as set forth below. 1. Improved aesthetic appeal of nearby parcels. 2. Green space within the urban environment. 3. Enhances wind breaks. 4. Improved erosion resistance. 5. Improved dust control. 6. Tends to instill a sense of pride within the neighborhood. 7. The enhancement of the value of property which results from the foregoing benefits. The primary benefits of municipal parks are as set forth below. 1. Designated sites where children may gather to play without danger from traffic. 2. Designated sites where adult, youth and family activities can take place (i.e., picnics, baseball and softball leagues, soccer leagues, other athletic activities, art festivals, animal shows and training, etc.) 3. Green space and open space within the urban environment. 4. Availability of public restrooms. 5. The enhancement of the value of property which results from the foregoing benefits. 4.2.b Packet Pg. 216 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 36 The primary benefits of street lighting are set forth below: 1. Improvement to traffic circulation and reduction in nighttime accidents and attendant human misery and decrease in personal property loss. 2. The deterrence of crime and the aid to police protection. 3. Promotion of business during nighttime hours. 4. Increased nighttime safety on roads and highways. 5. The improved ability of pedestrians and motorists to see, which helps people safely find their way. 6. Improved ingress and egress to lots and parcels. 7. Reduction in vandalism and other criminal acts, and reduced damage to improvements. 8. The enhancement to the value of property which results from the foregoing benefits. Assessment Formula The basic formula used to calculate the amount spread to each lot or parcel within the District for each type of improvement or facility starts with an assessment unit (AU). The basic AU is given a value of one (1) for a single-family residential parcel. From this base, the remaining land use types are related according to their equivalent special benefit within a zone or future annexation. The purpose of this formula is to fairly equate special benefit conferred on property with differing land uses for each type of improvement or facility within a zone (e.g., single-family residential versus commercial office versus vacant property, for street lighting). Assessment Unit Method The following table shows the assessment formula using the AU method for common land uses: Land Use Landscaping Assessment Formula Lighting Assessment Formula Park Assessment Formula Graffiti Removal Drainage Assessment Formula Residential Single Family 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit 1.0 AU per Residential Unit Commercial/ Industrial 3.0 AU per Assessable Acre 3.0 AU per Assessable Acre 3.0 AU per Assessable Acre 3.0 AU per Assessable Acre 3.0 AU per Assessable Acre Apartments 0.6 AU per Parcel 0.6 AU per Parcel 0.6 AU per Parcel 0.6 AU per Parcel 0.6 AU per Parcel Public Schools 0.0 AU per Parcel 0.5 AU per Assessable Acre 0.0 AU per Parcel 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre Churches 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre 0.5 AU per Assessable Acre 4.2.b Packet Pg. 217 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 37 Consumer Price Index (CPI) Inflation The original assessment formula states that the maximum assessments will be increased annually based on the change in the Los Angeles-Riverside-Orange County CPI as of January published by the United States Department of Labor, Bureau of Labor Statistics; provided, however, that any annual increase shall not exceed seven and one-half percent (7.5%). In January 2018, the Bureau of Labor Statistics (BLS) updated their geographic areas for computing CPI. Previously, the Los Angeles-Riverside-Orange County index was made up of Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties. The BLS divided this index into two areas; one that represents Los Angeles and Orange counties (Los Angeles-Long Beach-Anaheim) and another that represents Riverside and San Bernardino counties (Riverside-San Bernardino-Ontario). For Fiscal Year 2018/19, the Los Angeles-Long Beach-Anaheim CPI as of January was used to determine the CPI increase because the prior year data from which to compute a percentage change is not yet available for Riverside-San Bernardino-Ontario. On June 19, 2018 a resolution was adopted by the City determining that the CPI to be used for future calculation of the maximum assessments is the Riverside-San Bernardino-Ontario Index beginning with the Fiscal Year 2019/20 calculation. 4.2.b Packet Pg. 218 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 38 ASSESSMENT DIAGRAM The assessment diagrams for each zone have been prepared in accordance with the Landscaping and Lighting Act of 1972 and are on file with the City. The lines and dimensions shown on maps of the County Assessor for the current year are incorporated by reference herein and made part of this report. All parcels of real property included within the District are described in detail on the assessor’s maps. 4.2.b Packet Pg. 219 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) City of San Jacinto – Landscape, Lighting, and Park District No. 2 Fiscal Year 2018/19 Engineer’s Report 39 ASSESSMENT ROLL The assessment roll is provided on the following pages. The description of each lot or parcel as part of the records of the County Assessor are by reference made part of this Report. 4.2.b Packet Pg. 220 Attachment: LLPD No. 2 FY 1819 Engineer's Report for Council (LLPD2 Reso to Levy 18/19) June 19, 2018 TO: City Council REQUESTED BY: Tom Prill, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Dissolution of AD 2003-1 Zones RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 3720 con firming the dissolution of AD 2003-1 Zones 25, 26 and 27 for FY 18-19 and future years. DISCUSSION: Assessment District 2003-1 Zones 25, 26 and 27 were originally annexed with the other two AD 2003-1 Zones of The Cove in 2006, but have never been assessed a levy due to the inactivity of the development. Recently, these three Zones were annexed into the CFD 2017-1 on February 20th, 2018. The formation of CFD 2017-1 has replaced AD 2003-1 for all future annexations. It is the recommendation of NBS, our Assessment Engineer, to dissolve these three AD 2003-1 Zones to eliminate any confusion. FISCAL IMPACT: None. ATTACHMENTS: Resolution Ordering Dissolution of Zones 25, 26, 27 in AD 2003 -1 Exhibit A 4.3 Packet Pg. 221 STATE OF CALIFORNIA ) RESOLUTION NO. 3720 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE DISSOLUTION OF ZONE 25, ZONE 26 AND ZONE 27 IN ASSESMENT DISTRICT 2003-1 WHEREAS, the City Council (the “Council”) of the City of San Jacinto has, by previous Resolutions approved the formation of Assessment District No. 200 3-1 and subsequent zones (the “Assessment District”), pursuant to the provisions of the Benefits Assessment Act of 1982 (Government Code Section 54703 et seq.) (the “Act”) to finance the maintenance and servicing of street, road and highway improvements located within the Assessment District; and, WHEREAS, the Council desires to dissolve Zone 25, Zone 26 and Zone 27 in the Assessment District, the listing which is identified in Exhibit “A” from the Assessment District, as a Community Facilities District is now in place to pay for the costs and expenses of operating, maintaining and servicing the improvements located within the Assessment District. WHEREAS, a public hearing was held on this date on objections to the dissolution of Zone 25, Zone 26 and Zone 27 in t he Assessment District, and all interested persons were afforded the opportunity to hear and be heard. NOW, THEREFORE, the Council of the City of San Jacinto DOES HEREBY RESOLVE as follows: 1. The annual levy of assessments for Zone 25, Zone 26 and Zone 27 of the v Assessment District shall cease, beginning in Fiscal Year 2018/19. 2. The Board hereby does dissolve Zone 25, Zone 26 and Zone 27, the listing which is included in this resolution as Exhibit “A”, effective July 1, 2018. 4.3.a Packet Pg. 222 Attachment: Resolution Ordering Dissolution of Zones 25, 26, 27 in AD 2003-1 (Dissolution of AD 2003-1 Zones) APPROVED AND ADOPTED this 19th day of June, 2018 by the following vote: Ayes: Nays: Absent: Abstain: CITY OF SAN JACINTO: __________________________________ Crystal Ruiz, Mayor ATTEST: ___________________________________ Angela Walton, City Clerk APPROVED AS TO FORM: Best Best & Krieger, LLP Michael J. Maurer, City Attorney 4.3.a Packet Pg. 223 Attachment: Resolution Ordering Dissolution of Zones 25, 26, 27 in AD 2003-1 (Dissolution of AD 2003-1 Zones) CERTIFICATION I, Angela Walton, City Clerk of the City of San Jacinto, California, certify that the foregoing resolution was adopted by the City Council of the City of San Jacinto at i ts regular meeting held on the 19 th day of June, 2018 by the following vote: APPROVED, SIGNED and ADOPTED this 19th day of June, 2018, by the following vote: Ayes: Nays: Absent: Abstain: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Jacinto this 19th day of June, 2018. _______________________________ Angela Walton, City Clerk of the City of San Jacinto 4.3.a Packet Pg. 224 Attachment: Resolution Ordering Dissolution of Zones 25, 26, 27 in AD 2003-1 (Dissolution of AD 2003-1 Zones) 1 Exhibit “A” Assessor's Parcel No. Owner Name Zone 432-310-001 KB HOME COASTAL INC 25 432-310-002 KB HOME COASTAL INC 25 432-310-003 KB HOME COASTAL INC 25 432-310-004 KB HOME COASTAL INC 25 432-310-005 KB HOME COASTAL INC 25 432-310-006 KB HOME COASTAL INC 25 432-310-007 KB HOME COASTAL INC 25 432-310-008 KB HOME COASTAL INC 25 432-310-009 KB HOME COASTAL INC 25 432-310-010 KB HOME COASTAL INC 25 432-310-011 KB HOME COASTAL INC 25 432-310-012 KB HOME COASTAL INC 25 432-310-013 KB HOME COASTAL INC 25 432-310-014 KB HOME COASTAL INC 25 432-310-015 KB HOME COASTAL INC 25 432-310-016 KB HOME COASTAL INC 25 432-310-017 KB HOME COASTAL INC 25 432-310-018 KB HOME COASTAL INC 25 432-310-019 KB HOME COASTAL INC 25 432-310-020 KB HOME COASTAL INC 25 432-310-021 KB HOME COASTAL INC 25 432-310-022 KB HOME COASTAL INC 25 432-310-023 KB HOME COASTAL INC 25 432-310-024 KB HOME COASTAL INC 25 432-310-025 KB HOME COASTAL INC 25 432-310-026 KB HOME COASTAL INC 25 432-311-001 KB HOME COASTAL INC 25 432-311-002 KB HOME COASTAL INC 25 432-311-003 KB HOME COASTAL INC 25 432-311-004 KB HOME COASTAL INC 25 432-311-005 KB HOME COASTAL INC 25 432-311-006 KB HOME COASTAL INC 25 432-311-007 KB HOME COASTAL INC 25 432-311-008 KB HOME COASTAL INC 25 432-311-009 KB HOME COASTAL INC 25 432-311-010 KB HOME COASTAL INC 25 432-311-011 KB HOME COASTAL INC 25 432-312-001 KB HOME COASTAL INC 25 4.3.b Packet Pg. 225 Attachment: Exhibit A (Dissolution of AD 2003-1 Zones) 2 Assessor's Parcel No. Owner Name Zone 432-312-002 KB HOME COASTAL INC 25 432-312-003 KB HOME COASTAL INC 25 432-312-004 KB HOME COASTAL INC 25 432-312-005 KB HOME COASTAL INC 25 432-312-006 KB HOME COASTAL INC 25 432-312-007 KB HOME COASTAL INC 25 432-312-008 KB HOME COASTAL INC 25 432-312-009 KB HOME COASTAL INC 25 432-312-010 KB HOME COASTAL INC 25 432-320-001 KB HOME COASTAL INC 26 432-320-002 KB HOME COASTAL INC 26 432-320-003 KB HOME COASTAL INC 26 432-320-004 KB HOME COASTAL INC 26 432-320-005 KB HOME COASTAL INC 26 432-320-006 KB HOME COASTAL INC 26 432-320-007 KB HOME COASTAL INC 26 432-320-008 KB HOME COASTAL INC 26 432-320-009 KB HOME COASTAL INC 26 432-320-010 KB HOME COASTAL INC 26 432-320-011 KB HOME COASTAL INC 26 432-321-001 KB HOME COASTAL INC 26 432-321-002 KB HOME COASTAL INC 26 432-321-003 KB HOME COASTAL INC 26 432-321-004 KB HOME COASTAL INC 26 432-321-005 KB HOME COASTAL INC 26 432-321-006 KB HOME COASTAL INC 26 432-321-007 KB HOME COASTAL INC 26 432-321-008 KB HOME COASTAL INC 26 432-321-009 KB HOME COASTAL INC 26 432-321-010 KB HOME COASTAL INC 26 432-321-011 KB HOME COASTAL INC 26 432-321-012 KB HOME COASTAL INC 26 432-321-013 KB HOME COASTAL INC 26 432-321-014 KB HOME COASTAL INC 26 432-330-001 KB HOME COASTAL INC 26 432-330-002 KB HOME COASTAL INC 26 432-330-003 KB HOME COASTAL INC 26 432-330-004 KB HOME COASTAL INC 26 432-330-005 KB HOME COASTAL INC 26 432-330-006 KB HOME COASTAL INC 26 4.3.b Packet Pg. 226 Attachment: Exhibit A (Dissolution of AD 2003-1 Zones) 3 Assessor's Parcel No. Owner Name Zone 432-330-007 KB HOME COASTAL INC 26 432-330-008 KB HOME COASTAL INC 26 432-330-009 KB HOME COASTAL INC 26 432-330-010 KB HOME COASTAL INC 26 432-330-011 KB HOME COASTAL INC 26 432-330-012 KB HOME COASTAL INC 26 432-330-013 KB HOME COASTAL INC 26 432-330-014 KB HOME COASTAL INC 26 432-330-015 KB HOME COASTAL INC 26 432-330-016 KB HOME COASTAL INC 26 432-330-017 KB HOME COASTAL INC 26 432-330-018 KB HOME COASTAL INC 26 432-330-019 KB HOME COASTAL INC 26 432-330-020 KB HOME COASTAL INC 26 432-330-021 KB HOME COASTAL INC 26 432-330-022 KB HOME COASTAL INC 26 432-330-023 KB HOME COASTAL INC 26 432-330-024 KB HOME COASTAL INC 26 432-330-025 KB HOME COASTAL INC 26 432-330-026 KB HOME COASTAL INC 26 432-330-027 KB HOME COASTAL INC 26 432-330-028 KB HOME COASTAL INC 26 432-330-029 KB HOME COASTAL INC 26 432-330-030 KB HOME COASTAL INC 26 432-330-031 KB HOME COASTAL INC 26 432-330-032 KB HOME COASTAL INC 26 432-330-033 KB HOME COASTAL INC 26 432-330-034 KB HOME COASTAL INC 26 432-330-035 KB HOME COASTAL INC 26 432-330-036 KB HOME COASTAL INC 26 432-330-037 KB HOME COASTAL INC 26 432-330-038 KB HOME COASTAL INC 26 432-330-039 KB HOME COASTAL INC 26 432-330-040 KB HOME COASTAL INC 26 432-330-041 KB HOME COASTAL INC 26 432-331-001 KB HOME COASTAL INC 26 432-331-002 KB HOME COASTAL INC 26 432-331-003 KB HOME COASTAL INC 26 432-331-004 KB HOME COASTAL INC 26 432-331-005 KB HOME COASTAL INC 26 4.3.b Packet Pg. 227 Attachment: Exhibit A (Dissolution of AD 2003-1 Zones) 4 Assessor's Parcel No. Owner Name Zone 432-331-006 KB HOME COASTAL INC 26 432-040-008 KB HOME COASTAL INC 27 432-040-009 KB HOME COASTAL INC 27 432-050-007 KB HOME COASTAL INC 27 432-050-008 KB HOME COASTAL INC 27 4.3.b Packet Pg. 228 Attachment: Exhibit A (Dissolution of AD 2003-1 Zones) June 19, 2018 TO: City Council REQUESTED BY: Robert Johnson, City Manager APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Modification to Existing Cooperative Agreement with Riverside County Flood Control District RECOMMENDATION: That the City Council approve the recommendation by the City Manager to modify the existing cooperative agreement with Riverside County Flood Control and Water Conservation District (RCFCWCD) for San Jacinto River Stage 4 Project to provide for new flood control facilities adjacent to developed areas inside the City limits. DISCUSSION: As reported at the June 5, 2018 City Council meeting, the City was unable to reach option agreements with property owners for the purchase of land needed for the San Jacinto River Stage 4 improvement project. The City Council directed the City Manager and the City Attorney to meet with the RCFCWCD General Manager and engineering team to evaluate alternative projects that would redirect remaining funding from the cooperative agreement to other projects that would benefits existing residents and public facilities inside the City limits. During the meeting, the parties identified projects that would be suitable replacements for redirecting the Levee Project funding and agreed on the following: 1. The existing Cooperative Agreement for SJ River, Stage 4 (dated 2/9/10) will be modified after the RCFCWCD 2019 Budget is approved. 2. Remaining funds (estimated $8M) authorized by the Cooperative Agreement will be used by RCFCWCD to complete the following projects, as shown in the attached exhibit, at no cost to the City: a. Current permitting and design for Stage 4 will continue to secure 401, 1600 and 404 permits. No further work will be done on mitigation and monitoring. RCFCWCD will request permits be authorized for a shelf life of 10 years. b. Processing of LOMR for main stem river and side drainage from the south. This should reduce the limits of the floodplain removing certain acres from the FEMA floodplain and removing a yet to be determined number of existing homes from the floodplain (reducing and/or eliminating annual flood insurance costs to some City residents). 5.1 Packet Pg. 229 c. Design, permitting and construction of Line G3 Storm Drain, anticipated to cost $8.5M, to be funded by RCFCWCD assuming support from City for necessary utility relocations and cooperation on necessary rights of access from the City. d. Payment of any amounts owed to the City from RCFCWCD for Stage 4 Project (approximately $700,000). e. Continuing support for Line E2(A) (State and Esplanade) pursua nt to the existing three party cooperative agreement. The City Manager recommends that the City Council approve the recommendation to modify the existing Cooperative Agreement with Riverside County Flood Control and Water Conservation District (RCFCWCD) for San Jacinto River Stage 4 Project and replace it with a new Cooperative Agreement for Flood Control Facilities to provide for new flood control facilities adjacent to developed areas inside the City limits. FISCAL IMPACT: The existing $12M Cooperative Agreement with RCFCWCD, less funds spent to date and to finalize the shelving of the SJ River, Stage 4 Project (~$4M), would be redirected to the internal projects as described above and. This secures an approximate $8M minimum commitment to the City of San Jacinto from RCFCWCD to provide for drainage improvements adjacent to developed areas inside the City limits. If the Levee project alternative discussed with the landowners were to have moved forward, the City would have been required to identify and pay approximately $4M in environmental related mitigation, monitoring and conservation fees. These funds are not currently budgeted and the obligation to pay them has been removed by the project not moving forward. 5.1 Packet Pg. 230 June 19, 2018 TO: City Council REQUESTED BY: Arthur Mullen, APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Grand Well Rehabilitation RECOMMENDATION: Staff recommends that the City Council approve the rehabilitation of the Grand Well by Southwest Pump. Rehabilitation of the Grand Well will allow the City to provide continuing water production and avoid usage and purchase of EMWD water and associated costs. DISCUSSION: The Grand Well was shut down on April 11, 2018 due to the inability to pass bact eriological compliance sampling. While conducting corrective actions to meet compliance, the well began producing excessive amounts of sand and gravel, which indicates major issues. The Grand Well produces some 550 GPM, gallons per minute, to the City’s w ater system. The Well was drilled in 1973 years ago and has been a good producer over its lifespan; however, it has been pulled three other times since 1994 for repairs including as recently as 2013. Even though the Well is roughly 45 years old, staff be lieve that by performing the rehabilitation on it, it would be able to produce 800 GPM for the next 3-5 years. This would allow the City to meet its water demand over the next few years while a new Well site is identified, drilled and brought into the system. Under the City Manager’s signature authority and to quickly ascertain the extent of damage to the Grand Well, the City Manager authorized an emergency contract with Southwest Pump to pull, inspect and evaluate the current condition of the Grand Well and determine the extent of any casing and/or pump equipment issues. The hope was that all work would be completed under the City Manager’s authority level and that the Grand Well would be back on-line as soon as possible. After the initial inspection, the Well was determined to have several issues, including casing, pump and equipment issues. At the recommendation of Southwest Pump, the scope of work objectives for the rehabilitation of the Grand Well is to include:  Removal of Grand Well motor and pump equipment by Southwest Pump  Initial video inspection of well and casing  Tear down and inspection of pump equipment  Reconditioning and replacement of worn and damaged pump equipment  Rehabilitate well via Brush / Swab / Bail of fill material to regain wel l depth 5.2 Packet Pg. 231  Install 5 foot cement plug @ 531 feet to isolate damage casing and prevent any further material to enter well and damage pump equipment  Final video inspection of well and casing  Inspection and maintenance of well motor by Brithinee Electric  Reinstallation of pump equipment / motor and start up  Estimated total cost for Grand Well rehabilitation $150,000 Intent of this rehabilitation:  To gain 250 gpm increase in production: before rehabilitation, Well production at 550 gpm; after rehab, Well product ion estimated at 800 gpm  Extend Well operational life for 3-5 years  Avoid having to purchase water from EMWD o $1,200 / acre foot (EMWD) vs. $600 / acre foot (SJ) o Average Well production is 750 acre feet per year o $900,00 per year for EMWD water vs $450,000 per year (SJ) o $450,000 per year savings vs. $150,000 rehabilitation cost FISCAL IMPACT: It is estimated that half of the work objectives would be accomplished by June 30, necessitating a budget increase of $75,000 in the current year for Account #050-9000-450-33-30 (R/M – Equipment). The remainder has been included in the FY 18 -19 being proposed. ATTACHMENTS: 2018 06 07 - QUOTE - Grand Well - Remove, Video, Inspect, Replace, Install 2018 06 07 - QUOTE - Grand Well - Bail, Brush, Video, Swab Perfs 5.2 Packet Pg. 232 Art Mullen Riverside County Attn: Accounts Payable P.OSan City of San Jacinto Customer P. O. Number: CA92 Extended Price San Jacinto, CA 92581 P.O. Box 488 AMullen@sanjacintoca.us 6/7/2018Date: P1843Proposal No: Description Water Utilities Superintendent AMGra SALESJob No: PROPOSAL Bill To: . RE: Grand Well Site - Remove Pumping Equipment, Video Well, Inspect Equipment, Replace Bowl Assembly, Install Pumping Equipment 120.00Labor Already Performed: Mobilize/Demobilize Electrician to and from Well Site 195.00Labor Already Performed: Prevailing Wage Labor to Unwire Motor, Lock Out Electrical Panel and Tag 320.00Labor Already Performed: Labor to Mobilize/Demobilize Crane and Pump Crew to and from Well Site and Transport Equipment to SWPD Shop 8,480.00Labor Already Performed: Prevailing Wage Labor to Rig-Up, Remove Motor, Discharge Head, 472 feet of DWT Pump Equipment and Bowl Assembly 640.00Labor Already Performed: Shop Labor to Off-load Motor, Discharge Head, Pump Equipment and Bowl Assembly 3,800.00Labor Already Performed: Shop Labor to Disassemble, Clean and Inspect Equipment 1,400.00Labor Already Performed: Perform Down Hole Video Inspection of Well Casing 285.00Labor to Transport 200 HP Motor & Pickup at Brithinee 570.00Shop Labor: Pressure Wash, Sand Blast and Paint Discharge Head 5,665.00Shop Labor: Recondition 472' of Deep Well Turbine Pumping Equipment 1,520.00Shop Labor: Balance Line Shafts to Within 0.003" 480.00Machine Shop Labor: Machine New Head Shaft 640.00Shop Labor: Load Up Discharge Head, Pump Equipment and Bowl Assembly 320.00Labor to Mobilize/Demobilize Crane and Pump Crew to and from Well Site 8,480.00Prevailing Wage Labor to Rig-Up, Install Motor, Discharge Head, 472 feet of DWT Pump Equipment and Bowl Assembly 120.00Labor to Mobilize/Demobilize Electrician to Well Site 585.00Prevailing Wage Labor to Wire Motor and Perform Start-Up Procedure 12,704.00Supply: New Bowl Assembly to Produce 800 Gallons per Minute 5.2.a Packet Pg. 233 Attachment: 2018 06 07 - QUOTE - Grand Well - Remove, Video, Inspect, Replace, Install (Grand Well Rehabilitation) Art Mullen Riverside County Attn: Accounts Payable P.OSan City of San Jacinto Customer P. O. Number: CA92 Extended Price San Jacinto, CA 92581 P.O. Box 488 AMullen@sanjacintoca.us 6/7/2018Date: P1843Proposal No: Description Water Utilities Superintendent AMGra SALESJob No: PROPOSAL Bill To: 24,850.00Supply: New (11) 10" x 20' Black Column Pipe T&C, 10" x 2' Head Nipple, (24) 1-11/16" x 20' Carbon Line Shafts T&C, (1) 1-11/16 x 10' Carbon Line Shaft, (44) Bronze Oil Tube Bearings, (2) 5' Oil Tubes, and 8" x 5' Suction Pipe with Stainless Steel Cone Strainer 1,240.00Supply: New 1-11/16" x 66" Stainless Steel Head Shaft, 10" Steel Headnut, (10) 10" BWS, Oil Dripper Sight Feed, 0-200 PSI Liquid Gauge, 120AC 1/8" General Service Valve, 10" - 12" Bolt Kit, 10" Gasket, Paint and Misc. Materials Needed 1,125.00Supply: 472-Feet of Stainless Steel Airline 275.00Supply: Concrete for 5-Foot Plug 650.00Estimated Freight IF NEEDED: Supply Down Hole Sand Seperator - $ 12,620.00 0.00Deposit: $ 77,579.04Total Amount: $ 74,464.00Amount: $ Thank You For Your Business! Payment will be required upon completion of the work. If the above referenced estimate and payment terms meet your approval, please sign below and return via email to sales@swpdinc.com Authorized Signature: ________________________________________ Title: ____________________ Date: ___________________________________ Purchase Order No.: _________________________ This Estimate is Valid for 30 Days 3,115.04Sales Tax: $ 5.2.a Packet Pg. 234 Attachment: 2018 06 07 - QUOTE - Grand Well - Remove, Video, Inspect, Replace, Install (Grand Well Rehabilitation) Arthur Mullen Riverside County Attn: Accounts Payable P.OSan City of San Jacinto Customer P. O. Number: CA92 Extended Price San Jacinto, CA 92581 P.O. Box 488 amullen@sanjacintoca.us 6/7/2018Date: P1844Proposal No: Description Water Utilities Superintendent amGra SALESJob No: PROPOSAL Bill To: . RE: Grand Well (Part 2 for Scope of Work) Bail Fill, Wire Brush, Video Well, and Swab Perforations 570.00PERFORMED: Shop Labor: Load out, flat bottom bailer, dump container to deposit fill material from well and tight fitting swab tool 250.00PERFORMED: Mobilize cable tool rig, service truck and 2 man crew to well site 660.00PERFORMED: Prevailing Wage Labor: Rig-up cable tool rig, set up dump box, install 10" flat bottom bailer 2,640.00PERFORMED: Prevailing Wage Labor: Bail 48' of existing fill material from bottom of well @ $330.00 per hour, estimated @ 8 hours 1,400.00PERFORMED: Perform 2nd Down Hole Video Inspection of Well Casing 6,930.00Prevailing Wage Labor: Wire brush perforated casing @ $330.00 per hour, estimated @ 21 hours 19,800.00Prevailing Wage Labor: Swab perforations using a tight fitting swab tool to consolidate the gravel pack in the annulus and consolidate the formation to mitigate sand and gravel production. $330.00 per hour, estimated at 60 hours of swabbing 458' of perforations 1,400.00Perform 3rd Down Hole Video Inspection 660.00Labor to Install 5-foot Concrete Plug from 631-Feet BGS to 626-Feet BGS 250.00Demobilize cable tool rig, service truck and 2 man crew from well site 0.00Deposit: $ 34,560.00Total Amount: $ 34,560.00Amount: $ Thank You For Your Business! Payment will be required upon completion of the work. If the above referenced estimate and payment terms meet your approval, please sign below and return via email to sales@swpdinc.com Authorized Signature: ________________________________________ Title: ____________________ Date: ___________________________________ Purchase Order No.: _________________________ This Estimate is Valid for 30 Days 0.00Sales Tax: $ 5.2.b Packet Pg. 235 Attachment: 2018 06 07 - QUOTE - Grand Well - Bail, Brush, Video, Swab Perfs (Grand Well Rehabilitation) June 19, 2018 TO: City Council REQUESTED BY: Sharon Paisley, Development Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Quitclaim Deed Conveying Property from Ocean Equity Partners RECOMMENDATION: Staff recommends that the City Council authorize entering into a donation agreement subject to city attorney review and evidence of clear title, as well as record a deed and certificate of acceptance. DISCUSSION: Ocean Equity Partners is the owner of Assessor’s Parcel Number 436 -710-010 which is a 34,848 s.f. vacant parcel located within the San Jacinto Esplanade shopping center at the northeast corner of Sanderson Avenue and Esplanade Avenue. The property owner has had difficulty leasing or selling the site and offered to donate said property t o the City of San Jacinto. On April 18, 2017, the City Council adopted Resolution No. 3654 establishing an economic development incentive policy and program. Accepting the property will facilitate the City’s efforts to utilize the economic development program by offering the property as an incentive to attract additional retail development to the City as well as complement other activities that are underway to increase the number of customers and sales tax generation at this key entry point into the City. FISCAL IMPACT The transfer of the subject parcel will have no fiscal impact on the City of San Jacinto. However, future sales tax and property tax will be generated after development of the site. ATTACHMENTS: Ocean Equity Partners Donation Agreement 5.3 Packet Pg. 236 24438.00000\31078128.2 -1- APN: 436-710-010 DONATION AGREEMENT THIS AGREEMENT (“Agreement”) is made this _____ day of ______, 2018 by and between the CITY OF SAN JACINTO, a California municipal corporation, herein called “City,” and OCEAN EQUITY PARTNERS, a Delaware Limited Liability Company, herein called “Donor.” The City and Donor are sometimes individually referred to as “Party” and collectively as “Parties.” WHEREAS, Donor is the owner of certain real property located in Riverside County, and as more particularly described on Exhibit A attached hereto (the “Property”); WHEREAS, City desires to acquire the Property for the purposes of economic development by utilizing the City’s the economic development program adopted through Resolution No. 3654, by offering the property as an incentive to attract additional retail development to the City as well as complement other activities that are underway to increase the number of customers and sales tax generation at this key entry point into the City; and NOW, THEREFORE, City and Donor agree as follows: 1. Dedication of Property. Donor shall offer to dedicate the Property to City and City shall accept the offer of dedication of the Property, or interest therein, upon the terms and conditions set forth in this Agreement. 2. Obligations of Donor. 2.1 Fee Interest . Upon acceptance by City, Donor shall convey, assign and transfer its fee interest in the Property to City, free and clear of all liens, encumbrances, easements, leases (recorded or unrecorded), bonds, assessments, and taxes except for (i) liens for non-delinquent property taxes and assessments, and (ii) those liens and encumbrances and easements which, in the sole discretion of CITY, are acceptable pursuant to Section 6. 2.2 Representations and Warranties of Donor. Donor represents and warrants to City that as of the date of this Agreement and as of the Recordation Date as defined in Section 8.4 below: 2.2.1 Hazardous Substances. The Property is: (i) free from Hazardous Substances; (ii) contains no buried or partially buried storage tanks located on the Property; (iii) has not been used for the generation, storage or disposal of any Hazardous Substance and no Hazardous Substance has been spilled, disposed of, or stored on, under, or at the Property; and (iv) has never been used as a dump or landfill; 2.2.2 Compliance with Law. The Property is in material compliance with all applicable Laws and Environmental Laws; 5.3.a Packet Pg. 237 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -2- 2.2.3 Leases. No leases, licenses, or other agreements allowing any third party rights to use the Property are or will be in force as of the Closing; 2.2.4 Litigation and Investigations. There is no pending or threatened litigation, administrative proceeding, or other legal or governmental action with respect to the Property, and Donor has received no notice, warning, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any Laws or Environmental Laws, or informing Donor that the Property is subject to investigation or inquiry regarding the violation of any Laws or Environmental Laws. 2.2.5 Condition of Property. There are no natural or artificial conditions upon the Property or any part of the Property that could result in a material and adverse change in the condition of the Property; 2.2.6 Access to the Property. There is vehicular access to the Property either directly through a public right of way or through a recorded easement; and 2.2.7 No Insolvency Proceedings. Donor has not (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors; (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets; (iv) suffered the attachment or other judicial seizure of substantially all of its assets; or (v) admitted in writing its inability to pay its debts as they come due. 2.2.8 No Other Agreements, Undertakings or Tenancies . Donor will not enter into any agreements or undertake any new obligations prior to Recordation Date which will in any way burden, encumber or otherwise affect the Property without the prior written consent of the City. 2.2.9 Disclosure. Donor has disclosed to City all information, records, and st udies in Donor’s possession in connection with the Property, including any reports or studies concerning Hazardous Substances. All information that Donor has delivered to City, either directly or through Donor’s agents, is accurate and Donor has disclosed all material facts concerning the operation, development, or condition of the Property. Donor shall promptly notify City of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Recordation Date. If City reasonably concludes that a fact materially and adversely affects the Property, City shall have the option to terminate this Agreement by delivering written not ice to Donor and Title Officer. 2.3 Indemnity. Donor agrees to indemnify City and agrees to defend and hold City harmless from all loss, cost, liability, expense, damage, or other injury, including without limitation, attorneys’ fees and expenses, to the fullest extent not prohibited by applicable law, and all other costs and expenses incurred by reaso n of, or in any manner resulting from (i) the breach of any warranties and representations in Section 2.2, and (ii) all third -party claims for Donor’s intentional acts or willful misconduct related to the Property occurring prior to the Recordation Date. 5.3.a Packet Pg. 238 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -3- 2.4 Definitions. 2.4.1 “Environmental Laws” means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as defined subsequently in this Agreement), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulatio ns relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now in effect, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) and the Solid Waste Disposal Act [42 U.S.C.A. §§ 6901 et seq.]; the Clea n Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 U.S.C.A. §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 U.S.C.A. §§ 1801 et seq.]; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 U.S.C.A. §§ 136 et seq.]; the Clean Air Act (CAA) [42 U.S.C.A. §§ 7401 et seq.]; the Safe Drinking Water Act (SDWA) [42 U.S.C.A. §§ 300f et seq.]; the Surface Mining Control and Reclamation Act of 1977 (SMCRA) [30 U.S.C.A. §§ 1201 et seq.]; the Emergency Planning and Community Right -to-Know Act of 1986 (EPCRA or EPCRTKA) [42 U.S.C.A. §§ 11001 et seq.]; the Occupational Safety and Health Act of 1970 (OSHA) [29 U.S.C.A. §§ 655, 657]; the Cal ifornia laws regarding the underground storage of hazardous substances [H & S C §§ 25280 et seq.]; the Hazardous Substance Account Act [H & S C §§ 25300 et seq.]; the California laws regarding hazardous waste control [H & S C §§ 25100 et seq.]; the Safe Dr inking Water and Toxic Enforcement Act of 1986 [H & S C §§ 25249.5 et seq.]; the Porter -Cologne Water Quality Control Act [Wat C §§ 13000 et seq.], and any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Subst ances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. 2.4.2 “Hazardous Substances” includes without limitation: (i) Those substances included within the definitions of “hazardous substance,” “hazardous waste,” “hazardous material,” “toxic substance,” “solid waste,” or “pollutant or contaminant” in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; (ii) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302]; 5.3.a Packet Pg. 239 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -4- (iii) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (iv) Any material, waste, or substance that is: a petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous substance pursuant to 33 U.S.C.A. § 1321 or listed pursuant to 33 U.S.C.A. § 1317, a flammable explosive, or a radioactive material. 3. Escrow. By this Agreement, City and Donor establish an escrow (“Escrow”) with Commonwealth Land Title located at 4100 Newport Place, Suite 120, Newport Beach, CA 92660 (“Escrow Holder”), subject to the provisions of the standard conditions for acceptance of escrow and the terms and conditions in this Agreement, with a signed counterpart of this document to be delivered as escrow instructions to Escrow Holder. In the event of any conflict between the terms of this Agreement and the standard conditions for acceptance of escrow, the terms of this Agreement shall control. City’s agent for matters related to the Closing of Escrow shall be the City Manager or his designee. 4. Feasibility Period. 4.1 During the period commencing on the date of this Agreement and terminating on a date which is sixty (60) days from the date of this Agreement (“Feasibility Period”), City may undertake at City’s expense an inspection of the Property. Said inspection may include: (i) a review of the physical condition of the Property, including but not limited to, inspection and examination of soils, environmental factors, Hazardous Substances, if any, and archeological information relating to the Property; and (ii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property. Within ten (10) days following the full execution of this Agreement by both parties, Donor shall deliver to City copies of all architectural plans, surveys, specifications, and other documents pertaining to the physical, geological, or environmental condition of the Property that are owned by or in the possession of Do nor. 4.2 If City’s environmental consultant requires additional time to determine the existence and extent of any Hazardous Substances on the Property, City shall have the right, exercisable by delivering written notice to Donor prior to the expiration of the Feasibility Period, to extend the Feasibility Period for up to an additional sixty (60) days to complete the testing. 4.3 If City disapproves of the results of the inspection and review or the results of any Phase I Environmental Report, City may elect, prior to the last day of the Feasibility Period (or any extension thereof), to terminate this Agreement by giving Donor written notification prior to the last day of the Feasibility Period (or any extension thereof). If City fails to properly notify Donor of the intent to terminate this Agreement, City shall be deemed to be satisfied with the results of the inspection and shall be deemed to have waived the right to terminate this Agreement pursuant to this provision. 5. Access. 5.1 Access to the Property during the Feas ibility Period shall be given to City, its agents, employees, or contractors during normal business hours upon at least one (1) business 5.3.a Packet Pg. 240 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -5- day’s notice to Donor, at City’s own cost and risk, for any purposes, including, but not limited to, inspecting the Pro perty, taking samples of the soil, and conducting an environmental audit (including an investigation of past and current uses of the Property). City shall indemnify and defend Donor against and hold Donor harmless from all losses, costs, damages, liabilities, and expenses, including, without limitation, reasonable attorney fees arising out of City’s entry onto the Property or any activity thereon by City or its agents, employees, or contractors prior to the Recordation Date except to the extent any such losses, costs, damages, liabilities, and expenses arise out of the gross negligence or willful acts of Donor. Any entry onto the Property by City or its agents, employees, or contractors shall be at reasonable times. The provisions of this Section shall survive the Recordation Date. Notwithstanding anything herein to the contrary, City and Donor agree that City shall not incur any liability hereunder merely by the discovery of an “Existing Adverse Condition” (as defined below) regardless of whether such Existing Adverse Condition, once revealed, negatively impacts the value of the Property or otherwise causes Do nor to incur liabilities, costs or expenses. The term “Existing Adverse Condition” shall mean an adverse condition existing on or with respect to the Property that is discovered or revealed by City in the course of its Property inspection hereunder. 5.2 In addition to the provisions of Section 4.1, City and its agents, employees, or contractors shall have the right, from the date of this Agreement until the Recordation Date, to contact any federal, state, or local governmental authority or agency to investigate any matters relating to the Property. Donor agrees to cooperate reasonably with City and its agents, employees, or contractors in the inspection of the Property and agrees to deliver to City all information in Donor’s possession or control pertaining to the condition of the Property, including engineering and environmental reports, studies, tests, monitoring results, and related documentation. 6. Title. 6.1 Immediately following the execution of this Agreement by both Parties, City shall cause Title Officer to issue to City (with a copy to Donor) a preliminary report for an ALTA Standard Policy of Title Insurance, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other mat ters affecting Donor’s title to the Property (“Preliminary Report”), together with copies of all documents relating to title exceptions referred to in the Preliminary Report. 6.2 Following the full execution of this Agreement by both Parties, City may cause a survey and/or an ALTA Survey of the Property to be prepared by a registered surveyor or professional engineer (“Survey”). Donor agrees to deliver to City, promptly following the full execution and delivery of this Agreement, copies of any survey of the Pro perty in the possession of Donor. 6.3 City shall approve or disapprove, in writing to Donor with a copy to Title Officer, each exception shown on the Preliminary Report and each encroachment, overlap, or boundary line dispute, or any other matter that materially and adversely affects title to the Property or that violates any law, rule, or regulation reflected on the Survey (each an “Exception”) within twenty (20) business days following the receipt of the Preliminary Report or the Survey, whichever is later. City’s failure to object within the twenty (20) day period shall be 5.3.a Packet Pg. 241 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -6- deemed to be a disapproval of the Exceptions. The Exceptions approved by City hereunder shall be referred to as the “Approved Exceptions.” 6.4 If any Exception is disapproved or deemed disappro ved (each a “Disapproved Exception”), Donor shall have the right, but not the obligation, within thirty (30) days following expiration of the twenty (20) day period provided under Section 6.3 above, to cause each Disapproved Exception to be discharged, sat isfied, released, or terminated, as the case may be, of record, and in a form that is reasonably satisfactory to CITY and Title Officer, all at Donor’s sole cost and expense. 7. Closing and Recordation Date. 7.1 Title. Simultaneously with the Recordation Date, Title Officer shall issue an ALTA Standard Policy of Title Insurance (formerly referred to as a CLTA Title Policy) (“Title Policy”) in the amount of $85,000.00, subject only to (i) liens for real property taxes, bonds, and assessments not then due, and (ii) the Approved Exceptions. 7.2 Donor’s Deposits. Donor shall deposit with Title Officer on or prior to the Recordation Date a grant deed in the fo rm attached hereto as Exhibit “B” executed and acknowledged by Donor, conveying to City good and marketable fee simple title to the Property, subject only to t he Approved Exceptions (“Deed”) and all funds required to be placed in escrow by Donor. 7.3 City’s Deposits. Closing is conditioned upon City’s approval of the draft of Escrow Holder’s closing statement . City shall deposit with Escrow Holder an executed Certificate of Acceptance for the Deed and all funds (if any) required to be placed in escrow by City. 7.4 Recordation Date. The conveyance of the Property to City and the closing of this transaction (“Closing”) shall take place within one hundred twenty (120) days (“Recordation Date”) following the execution of this Agreement . 7.5 Closing Statements. No more than two days prior to the Closing Date, Escrow Holder shall deliver to City and to Donor, for their respective approvals, drafts of Escrow Holder’s closing statement showing all receipts and disbursements of the Escrow. 7.6 Closing Instructions. On the Recordation Date (or any extension thereof), Title Officer shall do the following: (i) record the Deed (marked for return to City) with the Riverside County Recorder; (ii) issue the Title Policy; (iii) If Title Officer is unable to simultaneously perform all of the instructions set forth above, Title Officer shall notify City and Donor and retain all funds and documents pending receipt of further instructions jointly issued by City and Donor. 5.3.a Packet Pg. 242 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -7- 7.7 Closing Costs and Prorations. City shall pay the following closing costs and prorations through the Recordation Date: (i) All governmental conveyancing fees and taxes due upon transfer of the Property, except that no documentary transfer tax will be payable with respect to this transaction, pursuant to Revenue and Taxation Code Section 11922; (ii) The recording charges in connection with recordation of the Deed; except that this Deed is entitled to be recorded without a fee pursuant to Government Code Section 27383 because the Deed is for the benefit of a public agency; (iii) All charges in connection with issuance of the Title Policy in the amount of $85,000.00; (iv) All costs associated by environmental reports, including the Phase I Environmental Site Assessment Report, and any further testing and reports which may be reasonably necessary as a result of such report; (v) All charges related to any survey undertaken in connection with an ALTA Extended Policy of Title Insurance; (vi) All charges in connection with the Installation Contract; and (vii) All charges in connection with removing any Disapproved Exceptions pursuant to Section 6.4 and to cure any defect in vesting in order to satisfy the condition set forth in Section 9(v). (viii) All fees and charges levied by Title Officer. 7.8 Real Estate Taxes, Bonds, and Assessments. Donor shall pay real property taxes to the Riverside County Tax Assessor’s office prior to the Recordation Date based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Recordation Date, regardless of when notice of those taxes is received or who receives the notice. Donor may seek reimbursement from the Riverside County Tax Assessor’s office for any property taxes that have been assessed for a period after the Recordation Date as City is a public agency exempt from payment of such taxes. City further agrees to cooperate with Donor to provide any necessary informa tion to the Assessor’s office in connection with such request for refund. All installments of any bond or assessment that constitutes a lien on the Property at the Recordation Date shall be paid by Donor. 7.9 Possession. Possession of the Property shall be delivered to City at the Recordation Date. 8. Acceptance. The acceptance of the Property by City and the Recordation Date (as defined in Section 7) are subject to the satisfaction of the following no later than the Recordation Date: 5.3.a Packet Pg. 243 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -8- (i) The City Council’s acceptance of the dedication and authorization of recordation of the Certificate of Acceptance, which shall be in the City Council’s sole discretion; (ii) City’s approval of the condition of the Property as provided in Section 4 and title to the Property as provided in Section 6. In addition, Donor shall remove any debris or trash from the Property prior to the Recordation Date; (iii) The representations and warranties of Donor set forth in Section 2.2 shall be true and accurate as of the Recordation Date; (iv) Donor’s performance of all obligations under this Agreement; (v) No adverse material change shall have occurred with respect to the condition of the Property from the end of the Feasibility Period through the Recordation Date; and (vi) Title Officer being prepared to issue the Title Policy on the Recordation Date, subject only to the Approved Exceptions. 9. The performance by the City of its obligations under this Agreement shall relieve the City of any and all further obligations or claims on account of the acceptance of the offer of dedication. The City agrees to use the Property for the purposes of economic development pursuant to Resolution No. 3654. 10. This Agreement may be terminated by City upon three (3) days written notice to Donor and Title Officer if the conditions to closing set forth in Section 8 have not been fulfilled on or before the Recordation Date. Upon termination by City pursuant to this Section 10, Donor shall be responsible fo r all costs and expenses of Title Officer. 11. As used in this Agreement, notice includes but is not limited to, the communication of any notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. All notices must be in writing. Notice is given either (i) when delivered in person to the person or company intended named below, or (ii) when sent via reputable overnight courier (such as Federal Express), addressed by name and addressed to the party or persons intended, as follows: To City: City of San Jacinto 595 S. San Jacinto Ave., Building A San Jacinto, CA 92583 Attention: City Clerk (Phone): (951) 487-7330 To Donor: Ocean Equity Partners, LLC 18301 Van Karman Avenue, Suite 850 Irvine, CA 92612 5.3.a Packet Pg. 244 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -9- until such time as a party gives notice of the change of address in accordance with the terms of this section. 12. This Agreement shall not be changed, modified or amended except upon the written consent of the Parties hereto. 13. This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in co nnection therewith. No provision contained herein shall be construed against the City solely because it prepared this Agreement in its executed form. 14. Donor, their assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the parties thereto shall be jointly and severally liable thereunder. 15. This Agreement is not binding until executed by the City Manager of the City. 16. Notwithstanding any other provision of this Agreement or any other agreement bet ween any of the Parties hereto, once the Property is conveyed to and accepted by the City, the City shall have no obligation to return the Property to the Donor under any circumstances, except in the sole and exclusive discretion of the City. 17. City agrees to cooperate with Donor to acknowledge receipt of the donation of the Property by signing Internal Revenue Form 8283 (Non-Cash Charitable Contributions) before the Recordation Date and any other tax-related forms or documents reasonably requested by Donor and to return any such forms to Donor within thirty business (30) days after City’s receipt of such forms from Donor. Notwithstanding the foregoing, City makes no representation or warranty to Donor regarding the tax attributes of this transaction, nor sha ll City endorse or otherwise acknowledge any valuation of the Property for tax purposes, it being understood that the Donor has obtained its own appraisals and tax advice for such purposes. 18. This Agreement may be executed in one or more counterparts. Each s hall be deemed an original and all, taken together, shall constitute one and the same instrument. [signature page follows] 5.3.a Packet Pg. 245 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -10- SIGNATURE PAGE FOR THE DONATION AGREEMENT BETWEEN THE CITY OF SAN JACINTO, A CALIFORNIA MUNICIPAL CORPORATION, AND OCEAN EQUITY PARTNERS, A DELAWARE LIMITED LIABILITY COMPANY IN THE WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly-authorized representatives on the date and year set forth below. DONOR: Date: CITY: Date: OCEAN EQUITY PARTNERS, a Delaware Limited Liability Company By: _________________________________ Patty Chin, Vice President THE CITY OF SAN JACINTO, a California municipal corporation By: Robert A. Johnson, City Manager 5.3.a Packet Pg. 246 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -11- EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY PARCEL A: PARCEL 5 OF PARCEL MAP NO. 33196, IN THE CITY OF SAN JACINTO, AS SHOWN ON A MAP FILED IN BOOK 216, PAGES 72 AND 73 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. [APN: 436-710-010-8] 5.3.a Packet Pg. 247 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -12- EXHIBIT “B” Grant Deed RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Jacinto 595 S. San Jacinto Ave., Building A San Jacinto, CA 92583 Attention: City Clerk (Space above this line reserved for Recorder’s use) EXEMPT FROM RECORDING FEES – GOVERNMENT CODE SECTION 27383 GRANT DEED APN: 437-710-010 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OCEAN EQUITY PARTNERS, a Delaware Limited Liability Company, herein called “Grantor”, hereby GRANTS to the CITY OF SAN JACINTO, a California municipal corporation, herein called “Grantee”, the real property in the County of Riverside, State of California, described as: See Exhibit “A” attached hereto and made a part hereof IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the __th day of _______, 2018. Patty Chin, Vice President ATTACH NOTARY ACKNOWLEDGEMENT 5.3.a Packet Pg. 248 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) 24438.00000\31078128.2 -13- CERTIFICATE OF ACCEPTANCE This is to certify that the real property conveyed by OCEAN EQUITY PARTNERS, a Delaware Limited Liability Company, herein called “Grantor”, on the Grant Deed dated _______________, 2018, to the CITY OF SAN JACINTO, a California municipal corporation, herein called “Grantee”, is hereby accepted by the undersigned City Manager on behalf of the Grantee, pursuant to authority conferred by resolution of the City Council, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: _______________, 2018 GRANTEE: THE CITY OF SAN JACINTO, a municipal agency By: Robert A. Johnson, City Manager 5.3.a Packet Pg. 249 Attachment: Ocean Equity Partners Donation Agreement (Quitclaim Deed Conveying Property from Ocean Equity Partners) June 19, 2018 TO: City Council REQUESTED BY: Angela Walton, City Clerk APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Designation of Voting Delegates-League of California Cities Annual Conference RECOMMENDATION: Staff recommends that the City Council, discuss and provide direction, in regard to the attendance at this year’s League of California Cities Conference in Long Beach. DISCUSSION: This year’s annual League of California Cities Conference will take place in Long Beach on September 12-14, 2018. As part of the annual conference, elected officials representing the various cities vote on important resolutions that guide the League and other cities to improve the quality, responsiveness and vitality of California’s local government. In order to vote at this annual business meeting, voting delegates and alternates must be officially designated by their colleagues to vote. The City Clerk completes the 2018 Annual Conference Voting Delegate/Alternate form, attesting to the City Council official act ion for the voting delegate and alternate. One of the League’s recommendations is to have the Council designate the voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable t o serve in that capacity. FISCAL IMPACT: This will vary based on Council’s decision. Conference registration varies from $525 for full registration or $300 one day registration per attendee. Travel expenses will also vary depending on length of stay. 5.4 Packet Pg. 250 June 19, 2018 TO: City Council REQUESTED BY: Angela Walton, City Clerk APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Consideration of July 3 Meeting Date RECOMMENDATION: Staff recommends that the City Council adjourn the Regular City Council and Successor Agency meeting scheduled for July 3, 2018, to Tuesday, July 17, 2018. DISCUSSION: The Regular Meeting date of the San Jacinto City Council is Tuesday, July 3, 2017, one day before a national holiday. Therefore, it is recommended that City Counc il considers adjourning the July 3, 2017 Regular City Council meeting to July 17, 2018. FISCAL IMPACT: None. 5.5 Packet Pg. 251